The following table summarizes decisions and appeals routes regarding many zoning permits, planning and zoning decisions, subdivision decisions, historic preservation, and supplemental procedures. Refer to the City Code section listed for a detailed description of the procedure. The text of the relevant City Code section shall be determinative of the procedure required. Not all decision and appeal rights are outlined herein.

1)

Any DRC decision may be part of an appeal to the City Council as an accessory issue associated with a principal application (site plan review or special exception), where the principal application is appealable to the City Council.

2)

Any final decision of the City may be subject to judicial review in the manner provided by law.

(Ord. No. 100-H, § 29, 12-19-2013; Ord. No. 246-H, § 26, 10-20-2016; Ord. No. 278-H, § 2, 5-18-2017; Ord. No. 319-H, § 3, 2-15-2018; Ord. No. 350-H, § 2, 11-15-2018; Ord. No. 363-H, § 2, 4-18-2019; Ord. No. 435-H, § 3, 7-23-2020; Ord. No. 749-L, § 1, 12-16-2021; Ord. No. 611-H, § 34, 7-10-2025)

An applicant for development shall request an informal conference with the City professional staff prior to filing an application for the purpose of discussing the proposed development and to identify the views and concerns of the applicant and the City's professional staff. In certain situations a fee may be charged.

(Code 1992, § 16.70.010.1; Ord. No. 544-H, § 1, 4-20-2023)

All applications shall include the information required and any additional information (including studies) reasonably required by the POD to review the request. If an application does not include the information required, the POD shall reject the application with an explanation of the deficiencies. The application shall not be processed until all the required information is provided. The POD may waive an application submittal requirement if:

(1)

The required information is readily available from existing sources; or

(2)

The information is not required due to unique circumstances.

(Code 1992, § 16.70.010.2)

As used in this section:

Appellant means the person seeking review of a decision.

Applicant means the person who requested the decision.

Application means an application or request for approval of an amendment to the future land use map of the Comprehensive Plan, the zoning map, or an application or request to approve a special exception, site plan, variance, redevelopment plan, or reinstatement.

Commission means a board, committee or commission of the City other than the City Council.

Decision means a decision of the POD or a decision of a commission. The term "decision" includes, but is not limited to, property card interpretations and zoning, rebuild or buildable lot letters. The term "decision" does not include any staff report to a commission, the City Council, or any officer or employer of the City.

Render means, with respect to decisions of the POD, that the decision has been reduced to writing, signed by the POD, and mailed or delivered to the applicant. With respect to decisions of a board or commission, the term means a vote has been taken and the results have been announced by the chair.

(Code 1992, § 16.70.010.3)

A.

Notice requirements. The supplemental notice set forth in this section for public hearings shall be provided for all hearings before the City Council, Development Review Commission, and Community Planning and Preservation Commission. For those applications which the POD has the authority to review and approve and which are made appealable to a board or commission of the City or City Council, the POD shall comply with the written and posted supplemental notice requirements set forth in this section. Such supplemental notice shall only apply to decisions of the POD which are made concerning a written request or application for which the applicant has paid a fee and for which the POD gives a written approval or denial. For applications for which an appeal may only be made by the property owner, such notice shall only be required to be made to the property owner.

B.

Notification. The City Council recognizes the importance of community involvement in many proceedings for which notice is not required by Florida Statutes (see development agreement section for other notice requirements). In an attempt to facilitate such involvement, and to provide notification of such proceedings to property owners and residents in affected neighborhoods and to other interested parties, it is the intent of the City Council to provide the following supplemental notice.

1.

Written notice. Notice shall be mailed by the applicant to all neighborhood associations and business association representatives within 300-feet of the subject application, the Council of Neighborhood Associations (CONA) and the owners of property as listed by the county property appraiser's office, any portion of which is within 300 feet of any portion of the subject property measured by a straight line, property line to property line. For applications to vacate rights-of-way, easements, and walkways, mailed notice shall also include all property owners within the blocks abutting the requested vacation and property owners within 200 feet of such blocks.

a.

Any request to receive notice by any person not an owner of property as described above must be in writing, must specifically identify the notices the person wishes to receive, must be delivered to the POD, and must contain a mailing address.

Such requests, when not related to a specific application, shall only be valid for the specifically identified notices for not more than one year after receipt by the POD and may be renewed on an annual basis.

b.

The applicant shall obtain from the POD a copy of the notice and the procedures for notification of property owners who must receive notice. The applicant shall not include any information in the notice other than that which is required by the POD. For the purposes of this chapter, the term, the "applicant," shall also include the appellant in an appeal.

c.

Not less than 15 days prior to the date of the scheduled streamline approval or public hearing, the applicant shall deliver or mail a copy of said notice to all persons listed on the notification list and the owners of property within the distance described in this section. Notice shall be mailed by U.S. mail with a U.S. postal service certificate of mailing returned to the City. For applications initiated by the City, U.S. postal service certificate of mailing is not required.

d.

The applicant shall file proof that the notices were mailed or delivered with the POD not less than seven days prior to the date of the scheduled public hearing or the POD decision.

e.

For property in condominium or cooperative ownership which falls within 300 feet, only the association shall be notified if the current or proposed use of the property which is the subject of the application is a single-family, duplex, or triplex residential use. If the current or proposed use of the property is any other use, then the owner of each unit in the structure shall be provided notice, in addition to the association.

2.

Published notice. At least ten days prior to the public hearing, notice of the public hearing shall be published by the applicant in a newspaper of general circulation in the City or, if allowed pursuant to F.S. § 50.0311 (as it may be amended), on the Pinellas County publicly accessible website. Published notice shall only be required for public hearings concerning special exceptions and site plans. There are additional State law requirements for ordinances. The applicant shall file an affidavit of publication provided by the newspaper with the POD not less than seven days prior to the date of the scheduled public hearing or the POD decision, unless website notice is provided.

3.

Posted notice. Notice of the public hearing shall be posted on the subject property by the applicant at least 15 days prior to the public hearing. Posted notice shall be visible and legible from all adjacent street rights-of-way and a minimum of one sign shall be posted for each street frontage. For properties with more than 500 feet of street frontage, a minimum of one sign per every 500 feet shall be posted. Posted notice is required for rezoning or land use plan changes for applications related to individual parcels, but is not required for applications involving multiple parcels where the combined acreage of all parcels exceeds ten acres. The applicant shall provide proof of posted notice on the subject property to the POD at least seven days prior to the public hearing. For non-owner initiated individual historic designation applications, required public notice may be placed in the adjacent non-vehicular right-of-way if access to the property is denied by the property owner.

4.

Identify the property. The written, published and posted notices shall identify the property upon which the request for action is made, the date and location of the public hearing, the phone number and address where information regarding the proposal can be obtained, and the type of action requested (e.g., variance, lot line adjustment, site plan).

5.

Neighborhood and business association notice. One complete copy of each application to the Development Review Commission (DRC) and Community Planning and Preservation Commission (CPPC) shall be provided by the POD to the Council of Neighborhood Associations (CONA) and neighborhood and business association representatives within 300-feet of the subject property. The term, "complete" includes one copy of the information required and any additional information (including studies) required by the POD to review the request.

6.

Governmental notice.

a.

For rezoning, land use plan amendments and special exceptions, mailed notice shall be provided to the neighboring government for comment, where the subject property is located within one-fourth mile (1,320 linear feet) of a neighboring government. Mailed notice shall also be provided to the Pinellas County School Board for comment, where the subject property is located within one-fourth mile (1,320 linear feet) of a public educational facility.

b.

For variances and site plan reviews requiring CPPC or DRC approval, mailed notice shall be provided to the neighboring government for comment, where the subject property is located within one-fourth mile (1,320 linear feet) of a neighboring government.

c.

For the establishment or expansion of a community redevelopment area, community development block grant target area or historic preservation district, mailed notice shall be provided to the neighboring government for comment, where the subject area or district is located within one mile (5,280 linear feet) of a neighboring government. Mailed notice shall also be provided to the Pinellas County School Board for comment, where the subject property is located within one mile (5,280 linear feet) of a school.

C.

Failure to provide supplemental notice.

1.

If the POD is notified of or discovers a failure to provide supplemental notice at least 36 hours before the scheduled start of the public hearing, the POD may cancel the public hearing, reschedule the public hearing and require new notice to be given. The POD should only take this action if:

a.

It appears from the information provided that the holding of the hearing would work a substantial hardship on the person who did not receive notice;

b.

Such substantial hardship is different from the hardship the person would have suffered had he received the notice;

c.

Such hardship cannot be corrected or mitigated prior to the scheduled public hearing; and

d.

Rescheduling would not work a substantial hardship on other persons who received notice or the applicant.

2.

If the POD is not notified of or does not discover a failure to provide supplemental notice until after the time set forth above then the POD shall not cancel the public hearing. The board, commission or City Council hearing the application may, at the public hearing, weigh the effect the failure to provide supplemental notice may have and may choose to continue the public hearing if circumstances so warrant.

3.

If any supplemental notice as described herein is not provided for any hearing before a board or commission or City Council:

a.

The board, commission or City Council hearing the application may continue the public hearing to another day if it determines that circumstances warrant a continuance.

b.

For appeals only, if the appellant has failed to provide the required notice, the board, commission or City Council hearing the appeal shall automatically dismiss the appeal at the time the failure is discovered.

4.

If the POD is not notified of or does not discover a failure to provide supplemental notice until after the public hearing has been held and a decision rendered, then none of these actions shall be taken. Failure to provide any supplemental notice shall not invalidate any action by the POD, any boards or commissions of the City, or City Council.

(Code 1992, § 16.70.010.4; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 893-G, § 33, 9-4-2008; Ord. No. 985-G, §§ 97—100, 7-15-2010; Ord. No. 100-H, § 14, 12-19-2013; Ord. No. 166-H, § 20, 5-21-2015; Ord. No. 157-H, § 6, 9-17-2015; Ord. No. 397-H, § 6, 11-7-2019; Ord. No. 544-H, § 2, 4-20-2023)

An applicant, appellant or registered opponent following a quasi-judicial decision of the City Council or a quasi-judicial decision of a commission that is not appealable to the City Council may request a rehearing.

A.

The City Council or commission shall not rehear an application unless:

1.

There has been faulty notification to the applicant, appellant or registered opponent.

2.

New evidence is discovered by the applicant, appellant or registered opponent after the hearing which would likely change the result if a new hearing is granted and which could not have been discovered before the hearing by due diligence; or

3.

There is a substantial change of circumstance.

B.

If either of these conditions is alleged to exist, then a request for rehearing may be made by the original applicant, appellant, registered opponent or the City staff within ten days of the original decision by filing a written request for rehearing with the POD.

1.

If a request for rehearing is based on newly discovered evidence, documents supporting that evidence shall be served with the application.

2.

A request for rehearing shall be heard at the next regularly scheduled meeting following the receipt of the request and, based upon the information before it, City Council or the Commission shall issue an order denying or granting a rehearing.

3.

If a request for rehearing is granted, the application shall be scheduled for a public hearing after the required fee, if any, has been paid and notification has been made as required for the first hearing by the person requesting the rehearing.

4.

If a request for rehearing is timely filed, such filing tolls the time in which to seek judicial review of the decision until an order is rendered denying the request for rehearing. If a request for a rehearing is granted, the time in which to seek judicial review shall begin when an order is entered at the rehearing on the application.

(Code 1992, § 16.70.010.5; Ord. No. 611-H, § 33, 7-10-2025)

A.

Applicability. This section establishes procedures that shall apply to any appeal which is expressly authorized by this chapter.

1.

This section shall not apply to any request for judicial review which may be available as and to the extent permitted by State or federal law.

2.

This section shall not apply to any action initiated by the City Council which is referred to any commission for review and recommendation to the City Council regardless of the vote taken by a Commission, in such cases an appeal shall not be required to transmit the matter back to the City Council for further consideration.

3.

This section shall not apply to any notice of violation for which review by the Development Review Commission or by the Code Enforcement Board is expressly authorized by this chapter.

B.

Who may hear appeals. Except for decisions which are declared by these regulations to be the final decision of the City:

1.

A decision of the Development Review Commission to approve or deny an application may be appealed to the City Council in the manner designated in the Decisions and Appeals Table.

2.

A decision of the Community Planning and Preservation Commission to approve or deny an application may be appealed to the City Council in the manner designated in the Decisions and Appeals Table.

3.

A decision of the POD to approve or deny an application may be appealed to a Commission or the City Council in the manner designated in the Decisions and Appeals Table.

4.

The City may not establish appellate jurisdiction of the courts; however, if allowed by the Florida Rules of Appellate Procedure or other rule or judicial decision, a decision of the City Council or of the POD or any commission of the City which is declared by these regulations to be the final decision of the City may be subject to judicial review in the manner provided by law.

C.

Who may appeal. Any appeal allowed by this chapter may only be made by a resident of the City unless otherwise specifically provided by this chapter. If the appellant was the applicant before the decision-making body whose decision is being appealed, that appellant shall be the only appellant. If the appellant is not the applicant, and more than one appeal is filed in response to any one decision, the appellants shall attempt to agree on a single representative to participate in the appeal proceeding. If the appellants cannot agree on a single representative, then each appellant's representative shall share equally the time allotted to the appellant for initial presentation, cross-examination, rebuttal and closing. Appellants sharing time may make a request for additional initial presentation time to the POD no later than ten days after notice of the appeal is posted pursuant to Section 16.70.010.6 (H). The appellant(s) requesting additional time must do so in writing, and must state reasonable grounds for the extension. In no event shall the time for initial presentation by the multiple appellants be extended in excess of five additional minutes for multiple appeals. If additional time is allotted to the appellants, the same amount of additional time shall be allotted to the applicant and to City Administration for initial presentation. There shall be no extension of time allotted to the multiple appellants for cross-examination, rebuttal and closing. City Council shall have the power on its own motion to review on appeal a decision of any Commission concerning any matter upon which a commission has acted within ten days preceding the City Council's decision.

D.

Time for filing notice of appeal. A notice of appeal shall be filed in writing not later than 5:00 p.m. on the fifteenth day after the decision sought to be reviewed has been made, except that notice of appeal of a property card interpretation or zoning, rebuild or buildable lot letter shall be filed not later than the 30th day after the PCI or letter is mailed. The decision of a commission is made when it takes a final vote on a matter. The decision of the POD is made when it is mailed to the person who made the application or request.

E.

Place for filing notice of appeal. A notice of appeal shall be filed with the City Clerk, who shall transmit a copy thereof to the POD and, if the appeal is from a decision of a commission, to the clerk of the Commission. The City clerk shall not accept any appeal which is not in writing, for which the appeal period has expired, or which does not include the required fees and costs.

F.

Costs and fees for appeal. The appellant shall pay the City for the actual costs of notices required to be mailed or published by the City. The City Council may adopt a schedule of additional fees to be paid in connection with any appeal. Payment of costs (or an estimate by the POD of the anticipated costs) and fees shall be required at the time the notice of appeal is filed.

G.

Contents of notice of appeal. A notice of appeal need not be in any particular form but shall include as a minimum the following information: The name and address of the appellant, and of legal counsel for the appellant if represented by counsel; a summary of the decision sought to be reviewed; and a summary of the basis for the appeal. If the appeal claims incompatibility with the plan, all the specific plan sections with which the decision is claimed to be incompatible shall be identified. If additional incompatible Plan sections are identified after the notice of appeal is filed, the City and applicant shall be notified thereof in writing by the appellant not less than two weeks prior to the hearing on the appeal. A copy of the decision or staff report appealed from shall be filed with the notice of appeal.

H.

Notices of hearing of appeal.

1.

Written notice of the date, time and place of the hearing of an appeal shall be provided by hand-delivery or by mail to the applicant, owner and appellant if the appellant is not also the applicant.

2.

Written and posted notice shall be provided by the City.

3.

Notice costs for all appeals shall be borne by the appellant(s).

4.

Failure to give such notice, except notice to the applicant, owner and appellant, shall not affect the action of a Commission or the City Council.

I.

Reserved.

J.

Hearing of appeal.

1.

In an appeal from a decision of the POD, the appeal shall be heard by the Commission which is expressly authorized to hear the appeal.

2.

The City Council shall hear the appeal from a decision of any Commission for which an appeal to the City Council is expressly authorized by this chapter. If the decision appealed is a recommended denial of a proposed ordinance, the hearing on the appeal shall also be the public hearing for the ordinance and shall be scheduled at a time after first reading of the ordinance. The City Council shall have all the powers concerning the item on appeal as the Commission had initially. The City Council shall follow all applicable ordinances in arriving at its decision, may receive new evidence and shall not be bound by the strict rules of evidence.

3.

An appeal shall be heard within 60 days of the filing of a notice of appeal; provided, however, that the POD may extend the time period within which an appeal shall be heard for no more than 30 additional days for the purpose of accommodating the schedules of the decision-making body hearing the appeal and all parties involved in the appeal proceeding.

4.

The City Council may remand the matter back to the Commission for review of modifications of the decision if, in the judgment of the City Council, further consideration and modifications appear necessary or reasonable in light of information introduced during the appeal which was not heard by the Commission. In such event, the Commission shall, at the conclusion of a public hearing, make a recommendation upon such modifications The City Council may then approve or disapprove the modifications without the necessity of a further public hearing and may impose its own conditions and modifications using the standards provided in this chapter.

5.

Supermajority vote. A supermajority vote of the City Council shall be required in order to reverse a decision made by the Development Review Commission or Community Planning and Preservation Commission to approve, approve with conditions, or deny an application which is properly before the City Council or, in an historic designation application, to approve a designation over an owner's objection. A supermajority vote is not required to reverse any recommendation on a legislative matter, including a text amendment to the Comprehensive Plan or Land Development Regulations, a vacation, street closing or name change.

For the purposes of this paragraph, the term "reverse" does not mean adding, changing, or removing conditions of approval, or changing a zoning or land use designation to a lesser intense designation. Supermajority means, if eight members are present and voting, an affirmative vote of at least six members and, if less than eight members are present and voting, an affirmative vote of at least five members.

6.

New evidence may be heard in all appeal hearings.

(Code 1992, § 16.70.010.6; Ord. No. 892-G, § 3, 9-4-2008; Ord. No. 945-G, § 1(16.70.010.60), 9-3-2009; Ord. No. 985-G, §§ 101—108, 7-15-2010; Ord. No. 100-H, §§ 11, 15, 12-19-2013; Ord. No. 177-H, § 5, 6-11-2015; Ord. No. 358-H, §§ 1—4, 1-17-2019; Ord. No. 544-H, § 3, 4-20-2023)

A.

An applicant may withdraw his application at any time prior to a final decision. The process shall end upon receipt of written notice thereof or an oral request made at a public meeting.

B.

An owner of property with an approved development order or permit may request that the approved development order or permit be deemed abandoned. Once an approved development order or permit is abandoned, the approval shall become null and void and the property shall be treated as if the approval had never occurred. Thereafter, the owner shall not be allowed to perform any work pursuant to the approval. The owner shall apply for any required development order or permit before performing any work on the property. The owner (not the owner's agent) shall provide the POD with a sworn statement expressing the owner's intention to abandon the approved development order or permit and acknowledging that after approval by the POD, that the owner shall not be allowed to perform any work pursuant to the approval and shall be required to apply for a development order or permit before performing any work. The POD shall approve the request and may place reasonable conditions on the approval of such request. The abandonment of an approval shall not be approved if development of the property has commenced under the development order or permit, whether the development is complete or not, unless the POD determines that the condition of the property would not violate the Land Development Regulations in the absence of the approval.

C.

Administrative closure of applications. If an applicant has not taken any action on its complete application for more than six months, the POD may administratively close the complete application after providing no less than 15 days advanced written notice to the applicant and the property owner.

(Code 1992, § 16.70.010.7; Ord. No. 893-G, § 34, 9-4-2008; Ord. No. 544-H, § 4, 4-20-2023)

A.

If an application is submitted to a commission for review and recommendation or for a decision, and if the Commission denies or recommends denial of the application, and if the action of the Commission is not reversed by the City Council (or if the applicant does not appeal the action of the Commission to the City Council), the same or a substantially similar application shall not be accepted by the POD within 18 months following the action of the Commission on the earlier application unless the applicant demonstrates that there has been a substantial change of conditions or character of the surrounding land area or the land in question.

B.

A decision by the POD not to accept an application may be appealed by the applicant to the Commission which acted upon the earlier application by filing a notice of appeal as provided in the appeals section.

C.

If the Commission upholds the decision not to accept the application, the applicant may appeal the decision to the City Council by filing a notice of appeal as provided in the appeals section.

D.

A decision by the POD to accept an application is not appealable.

E.

This section shall not apply to City Council initiated applications.

(Code 1992, § 16.70.010.8)

A.

Duration of approvals.

1.

Any application approved pursuant to this Code on or after September 10, 2007, shall remain valid for three years from the date of approval except:

a.

Approvals for property within an activity center which are greater than 60 dwelling units or 250,000 square feet shall remain valid for five years;

b.

Approved certificates of appropriateness shall remain valid for 24 months from the date of approval although the CPPC may establish a longer date at the time of approval. The POD may grant extensions subject to all other applicable requirements of subsections A. and B. of this section. However, the POD may choose to send any extension requested under this provision to the CPPC at their sole discretion. Any extensions that must be approved by the CPPC or appeals of a denial by the POD of an extension shall require a public hearing and notification as set forth for appeal of a COA decision;

c.

Development permits subject to the building, fire, and engineering codes; and

d.

Approvals of applications for which a specific expiration date is established by the approval.

2.

Applicants may request up to two two-year extensions from the POD. The application shall be revised to comply with any code amendments that were adopted after the original approval, unless a variance is granted.

3.

After the original approval and any approved extension have expired without substantial construction commencing, the approval shall be void, and a new application shall be required.

4.

Phased projects, including rehabilitation of an existing building, shall be approved in such a manner that each phase can reasonably be started within two years from the date the certificate of occupancy is issued for the previous phase, unless a shorter compliance period is required by the POD or commission.

5.

Approved applications for which substantial construction has commenced shall remain valid subject to compliance with all development permits.

6.

School concurrency certificates are valid for two years. Any approved application that is required to obtain a school concurrency certificate shall expire when the school concurrency certificate expires unless a new school concurrency certificate is obtained.

7.

New applications for sites with a previously approved application which are submitted in advance of the expiration date of the approval or extension shall have maintained non-interrupted approval for vesting purposes for any other ordinance or code of the City or for any other government approval provided that the new application is approved by the appropriate City body within 120 days after the expiration date of the original approval or extension.

B.

Extension. Requests for extension of an approval shall be in writing and received by the POD prior to the expiration date of the approval or previously approved extension. A failure to request an extension prior to the expiration of the approval or a previously approved extension or failure to meet all conditions of an approval of an extension shall invalidate the original application approval. Requests for extensions shall address the following matters and may be denied if impacts cannot be adequately mitigated:

1.

The extent of actions taken by the applicant to implement the approved development plan including real estate transactions, preparation of construction plans, site preparation and pre-construction sales.

2.

The effect of unforeseen circumstances such as changes in economic conditions, cost of materials, and site specific conditions on the approval.

3.

The length of additional time estimated by the applicant to be needed to implement the approved development plan.

4.

Changes in the Code that would apply to the property.

5.

Changes or new construction on property in the vicinity of the applicant's property which may increase impacts to other properties.

6.

Other facts considered relevant to consideration of an extension.

(Code 1992, § 16.70.010.9; Ord. No. 893-G, § 16, 9-4-2008; Ord. No. 100-H, § 2, 12-19-2013; Ord. No. 435-H, § 2, 7-23-2020)

A.

Site plan and special exception applications approved by the POD, any commission or the City Council pursuant to the code in effect prior to September 10, 2007, shall remain valid, subject to the following provisions:

1.

Approved applications and extensions of approved applications granted prior to September 10, 2007, shall remain valid for the period for which such approval or extension was granted. An applicant with an approved application or extension that is scheduled to expire after September 10, 2007, may request one extension which shall expire on September 9, 2012. Requests for an extension shall be in writing and received by the POD prior to the expiration date of the approval or previously approved extension. A failure to request an extension prior to the expiration of the approval or a previously approved extension or failure to meet all conditions of an approval of an extension shall invalidate the original application approval. Requests for extensions shall address the criteria in section 16.70.010.9.B. and may be denied if identified impacts cannot be adequately mitigated.

2.

Approvals of applications which were submitted and determined to be complete prior to September 10, 2007, using the Land Development Regulations in effect at that time, but which were not approved by such date, shall remain valid for a period of five years from the date of approval. No extension may be requested.

3.

Approved applications for which substantial construction has not commenced prior to the expiration date shall become null and void unless a new application which complies with the code in effect at that time is submitted in advance of the expiration date.

4.

Approved applications for which substantial construction has commenced shall remain valid subject to compliance with all development permits.

5.

Phased projects shall remain valid provided that any approved phase and for which substantial construction has not commenced within 24 months after issuance of a certificate of occupancy of the previous phase shall comply with requirements of the code in effect at that time.

6.

New applications for sites with a previously approved application which comply with this Code and which are submitted in advance of the expiration date of the approval or extension shall have maintained non-interrupted approval for vesting purposes for any other ordinance or code of the City or for any other government approval provided that the new application is approved by the appropriate City body within 120 days after the expiration date of the original approval or extension.

7.

Vacations. Any vacation ordinance which was approved prior to September 10, 2007, with conditions of approval that have not been satisfied before September 1, 2009, shall be void on that date.

B.

Modifications, changes or amendments to any application approved pursuant to the land development regulations in effect prior to September 10, 2007 shall be reviewed using the land development regulations in effect at the time of the requested modification, change, or amendment. Review shall be limited to the specific modification, change or amendment proposed and does not apply to the entire site plan. Minor modifications shall be defined and processed as regulated by this section for planning and zoning decisions.

(Code 1992, § 16.70.010.10; Ord. No. 876-G, § 37, 2-21-2008; Ord. No. 1029-G, § 53, 9-8-2011)

A.

Wherever in the Code an owner or applicant is required to obtain any approval (including building permits) wherein a prerequisite of such approval is the receipt of some other approval (including approvals from other governmental entities), the POD or reviewing board, commission or City Council may grant the second approval when the prerequisite approval has not been obtained with a condition that the prerequisite approval may be obtained. The POD or reviewing board, commission or City Council may consider whether applications have been made for such other approvals and whether the design plans appear feasible and address essential infrastructure improvements and may defer action until the prerequisite approval is obtained or adequate information provided. (For example, the Code currently requires a subject property to obtain preliminary plat approval prior to site plan approval and to have the appropriate land use and zoning designations. Under this subsection, the site plan approval could be granted conditioned on the receipt of the preliminary plat approval prior to issuance of final certificate of occupancy; however, the site must have the appropriate zoning and land use prior to site plan approval.) This subsection shall not allow any approvals for a site unless it has the necessary zoning and land use designation, unless such approvals are otherwise allowed by the Code. In no event shall a final certificate of occupancy be issued until all approvals required by the Code have been obtained.

B.

Issuance of a final certificate of occupancy may be made when conditions of approval which require exterior physical improvements have not been met if a financial guarantee is provided which is 150 percent of the estimated total cost of completion of the physical improvements and the cost of administering the completion of the improvements. Such improvements must be completed within nine months of issuance of the final certificate of occupancy. Financial guarantees shall be either a letter of credit drawn on a local institution acceptable to the POD which are effective for at least one year from the date of issuance of the final certificate of occupancy or a certified check, cashier's check or cash to be held by the City which shall be returned without interest upon completion of the physical improvement. This subsection shall not supersede any requirements of the Florida Building Code or any Florida Fire Prevention Code. Exterior physical improvements shall not include any requirement for utilities and vehicular transportation infrastructure requirements.

(Code 1992, § 1-17; Ord. No. 334-G, § 1, 6-25-1998)

A.

For the purposes of the section, the term "parcel" means any lot, plot, or other piece of real property, or portion thereof, whether or not the property is part of a platted subdivision.

B.

Wherever it is necessary that two or more parcels be combined, added or joined, in whole or in part, to any other parcel to meet minimum lot area or lot dimensions required by applicable code requirements, or to provide required on-site parking, recreational amenities, or other improvements supporting a development, or to satisfy a requirement of any variance, site plan approval, or other development order, the owner shall provide evidence of recording a declaration of unity of title, as herein described, in the public records of the county. The recording of a declaration of unity of title may be a prerequisite to final approval of a development order. A declaration of unity of title may be used, when appropriate, in any situation in which the Land Development Regulations require an instrument ensuring the continued availability of off-site, off-street parking spaces accessory to any use.

C.

All parcels to be combined, joined or added to, in whole or in part, under a declaration of unity of title shall be adjoining or may be separated by not more than 300 feet, measured in a straight line distance between the nearest points on the parcels' boundary lines; provided, however, that if the Land Development Regulations require that off-site, off-street parking be provided closer to the property served by such parking, such requirement shall apply. If the parcels are separated, the POD shall determine whether the separation would materially interfere with the use of the parcels in accordance with the proposed development order. If the POD shall not accept a declaration of unity of title but shall disapprove or recommend disapproval of the development order. The determination of the POD shall be subject to review by the Commission having authority to approve the variance, site plan, or other development order.

D.

The declaration of unity of title shall be in a form approved by the POD and the City Attorney's office. The declaration shall contain the names of the owners of record and descriptions of each parcel, and shall state unequivocally that the parcels shall be regarded as unified under one title as an indivisible building site for the purpose of compliance with the provisions of this Code; and that the property shall be henceforth considered as a single, unified parcel of land for such purposes; and that no portion thereof shall be sold, conveyed or devised separately if the result of such sale, conveyance or devise will cause the building site to become nonconforming or noncompliant with any provision of this Code. The parties to the declaration shall further agree that the declaration of unity of title shall constitute a covenant to run with the land, as provided by law, and shall be binding upon the signatories thereto, their heirs, successors and assigns, and all parties claiming under them until such time as the declaration may be released, in writing, by a properly authorized representative of the City.

E.

A declaration of unity of title shall be executed by the owners of each parcel. If any parcel is subject to a mortgage, the holder of the mortgage shall join in and consent to the declaration of unity of title.

F.

The POD is authorized on behalf of the City to release a declaration of unity of title. Such release shall be granted only when it is determined by the POD that the development order has expired or has been revoked or abandoned, there is a material or substantial change in circumstances, or that the declaration is no longer necessary or required. The POD is further authorized on behalf of the City to approve changes or amendments to a recorded declaration of unity of title when necessary to correct errors, mistakes or changes in circumstances.

(Ord. No. 81-H, § 9, 9-19-2013)

If a Commission approves or approves with conditions, a variance, a permit, street closure, a certificate of appropriateness or a certificate of occupancy, and if the action of the Commission is not reversed by City Council or a court of competent jurisdiction, the same or substantially similar application shall not be accepted by the POD, regardless of a change in the property ownership, unless the applicant can demonstrate that one or more of the following has occurred since the Commission approval: 1) a change in local, state or federal laws which would impact the approval; 2) a substantial change in the conditions or character of the land or structure subject to the approval; 3) unavailability of materials necessary to meet or complete one or more of the conditions of approval; 4) new information which by due diligence could not have been obtained at the time of the Commission approval; or 5) the proposed change contributes toward furthering the goals, objectives and policies of the Comprehensive Plan and/or the purpose and intent of the Land Development Regulations.

Unless one of the exceptions in this subsection applies, any application for reconsideration of an approval after construction has begun, is occurring or has been completed, which requests removal or substantial modification of any of the conditions of approval, whether or not those conditions have been violated, shall not be accepted by the POD.

(Ord. No. 81-H, § 10, 9-19-2013)

Projects subject to a planning and zoning decision under 16.70.040 which involve demolition of four or more existing occupied multi-family dwelling units at time of application shall provide a written notice of intent to develop to all tenants residing on the subject property at least 90 days prior to issuance of a building permit. Evidence of notice shall be provided to the POD. No permits shall be issued for the subject property until such time as the 90-day period has expired. For purposes of this subsection, multi-family shall include tenancies in which both a mobile home and a mobile home lot are rented or leased by the mobile home resident, but not those mobile homes otherwise regulated by F.S. ch. 723.

A notice of intent to develop shall comply with the requirements set forth herein. A written notice shall be on paper and indicate the intent to develop with a planned date for demolition of structures and commencement of construction and shall be delivered via certified mail to all tenants residing on the subject property. Notice shall be mailed by U.S. mail with a U.S. postal service certificate of mailing returned to the City. Evidence of notice shall be a copy of the notice letter, the list of tenants residing on the subject property at time of mailing, and a copy of the U.S. postal service certificate of mailing.

(Ord. No. 419-H, § 1, 3-12-2020)

A.

Applicability. Applications for a building permit shall be reviewed in accordance with chapter 8.

B.

Application. Applications for a building permit shall be submitted in a form promulgated by the POD.

(Code 1992, § 16.70.020.1)

A.

Application and fee.

1.

Zoning permits are those permits for a specific use identified in this section.

2.

Applications for zoning permits shall be submitted in a form promulgated by the POD. The information provided on the form shall be supplemented by the information outlined below for the type of permit sought.

3.

The application shall be accompanied by a fee in the amount required by the City Council.

B.

Procedure.

1.

An application for a zoning permit shall be reviewed by the POD, who shall determine whether the application conforms to all applicable requirements of this chapter and the Code, and with any conditions and restrictions that may have been imposed by any commission or the City Council. Additional requirements, conditions and restrictions may be required by other sections of this chapter, and may authorize the POD to impose special requirements, conditions and restrictions, for specific types of zoning permits.

2.

If the POD determines that the application conforms to all applicable requirements, conditions and restrictions, the POD shall issue the permit. If the POD determines that the application does not conform to all applicable requirements, conditions and restrictions, the POD shall notify the applicant of the application's deficiencies and shall provide the applicant with a reasonable opportunity to correct the deficiencies. If correcting the deficiencies would require an amendment to the Land Development Regulations or the Code, or changing the zoning district or future land use category for the subject property, or approval of a variance, the POD shall deny the application.

C.

Standards for review. In reviewing an application the POD shall consider whether the application complies with the requirements for the permit outlined below, and all other requirements, conditions and restrictions applicable to the zoning permit requested.

D.

Scope of approval. Issuance of a zoning permit authorizes the applicant to use the property which is the subject of the permit for the purposes described in the permit in accordance with all applicable requirements, conditions and restrictions.

E.

Inspections. Property subject to a zoning permit shall be subject to inspection at all reasonable times by the POD and other officers and employees of the City who are charged with the duty of enforcing the City's building, zoning and other codes and regulations.

F.

Suspensions and revocation.

1.

A zoning permit is subject to suspension or revocation, or both, by the POD after notice to the owner and occupant and a reasonable time in which the grounds for suspension or revocation may be corrected, for any of the following reasons:

a.

Fraud, misrepresentation, or false statement in the application for the permit.

b.

Fraud, misrepresentation, or false statement made in the course of carrying on business as a holder of the zoning permit.

c.

Expiration, suspension or revocation of any other governmental permit, license or certificate which was required as a condition of issuance of the zoning permit; provided, that in such cases, the suspension or revocation of the zoning permit shall take effect immediately upon notice to the permit holder unless the other governmental agency has allowed the use or activity to continue during a "time to cure" period.

d.

Failure to comply with a condition of the permit.

e.

Any other reason specifically identified in this Code or the permit.

2.

Following the effective date of a suspension or revocation of a zoning permit, it shall be a violation for any person to engage in the use or activity upon the property which is the subject of the permit unless and until the permit is reinstated or reissued.

G.

Appeals.

1.

Except as may be provided herein for a specific zoning permit, the applicant may appeal the denial of an application for a zoning permit, or the approval of an application for a zoning permit subject to conditions, to the DRC, except that a decision of the POD on a sign permit application shall be deemed the final decision of the City.

2.

The owner or occupant may appeal a suspension or revocation of a zoning permit. The Development Review Commission shall hear appeals of the suspension or revocation of any zoning permit except an adult use permit, which shall be heard by the City Council. The decision of the Development Review Commission in such an appeal shall be deemed the final decision of the City.

(a)

An appeal from a suspension or revocation of an adult use permit or denial of a request for extension of an adult use permit shall be heard by the City Council within 30 days of receipt of the notice of appeal by the City Clerk.

(b)

The filing of a notice of appeal from the suspension or revocation of any zoning permit shall stay the effect of the suspension or revocation until the appeal has been decided, except that a suspension or revocation which is based upon a use or activity which constitutes a threat to public health or safety shall not be stayed pending the appeal.

(Code 1992, § 16.70.030.1; Ord. No. 892-G, § 4(16.70.030.1), 9-4-2008; Ord. No. 985-G, § 109, 7-15-2010; Ord. No. 100-H, § 11, 12-19-2013; Ord. No. 177-H, § 6, 6-11-2015)

A.

Applicability. Any business or person desiring to locate, operate, continue to operate or establish or commence business as an adult use establishment shall be required to obtain a valid adult use permit from the POD before the establishment or commencement of business as an adult use establishment.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

The type of adult use.

2.

A site plan of the subject property. Multi-tenant buildings shall show interior and exterior locations and sizes of the areas proposed to be occupied by the adult use and the uses of all other spaces in the buildings.

3.

Known locations of any churches, schools, child care facilities, public parks or residential uses within approximately 500 feet and other existing or proposed adult uses within approximately 800 feet of the proposed or existing adult use location for which the adult use permit is being sought.

4.

If the applicant's proposed location is the location of an already established adult use, the date of commencement of operations as an adult use including documentation of commencement, if available.

5.

If the applicant is not the property owner of the subject property, the application shall include a letter with the notarized signature of the record owner stating that the applicant is authorized to seek an adult use permit for the subject property.

C.

Procedure.

1.

Upon receipt of a completed application, the POD shall inspect the proposed location of the adult use and, within 45 days, grant or deny the adult use permit. The POD may extend that period of time at the request of the applicant for purposes of clarification of issues raised by the application, but in no event for an additional period of time in excess of 45 days.

a.

If it is found that the location proposed in the application does not meet the distance requirements of this section, the POD shall deny the adult use permit. If it is found that the location proposed in the application meets the distance requirements of this section, the POD shall grant the adult use permit. The applicant shall be notified of the decision by first class mail.

b.

The filing of a written request for variance from the distance requirements not later than ten calendar days after receiving notice of denial shall preserve the pending status of the application for purposes of the review of conflicting applications. If the written request is filed more than ten calendar days after receiving such notice, then the date of filing such request shall be used for the purposes of the review of conflicting applications.

c.

Conflicting applications. The City Council recognizes the potential for creating violations of the distance requirements by granting adult use permits and by granting permits to the other nonadult uses described in the adult use section. The POD shall develop a system for tracking potentially conflicting applications and for ranking them by date and time of application or date of establishment. Between two applications being processed at the same time which individually comply with that section but would violate the distance requirements if both were to receive permits, the application which was completed and received by the POD at the earliest date shall be entitled to receive a permit provided all other requirements are met. The applicant of the conflicting application shall be denied a permit with a notation that the denial was due to the earlier submittal of a conflicting application. Any applicant who has been denied a permit may use the submittal date of the application which was denied a permit in a resubmission for the purposes of establishing its priority if the denial was issued no more than seven months prior to the date of resubmitting a completed application. Thereafter, the actual submittal date of the application shall be used to determine priority.

d.

Failure to grant or deny the adult use permit within the required time period shall serve to ripen an appropriate action to compel a decision on the application. The POD shall cooperate with the applicant to ensure his entitlement to prompt judicial review of the POD's failure to timely grant or deny the adult use permit.

e.

At the expiration of this time period or any extension thereof, the applicant may, at the applicant's discretion, begin operating the establishment without an adult use permit unless and until the POD notifies the applicant of a denial of the application. Failure to timely grant or deny an application and the provisions of this section allowing operation without a permit shall not serve or be construed as granting a permit.

D.

Standards for review. For standards of review, see the adult use section of the use specific development standards.

E.

Scope of approval. An adult use permit authorizes the applicant to commence an adult use establishment in accordance with the Land Development Regulations and the adult use permit. The adult use permit is not a business tax receipt or adult use license and the receipt of an adult use permit shall not relieve the adult use from paying the business tax for obtaining an adult use license.

F.

Expiration.

1.

The adult use permit shall be valid for a period of six months after issuance during which time the applicant shall commence business at the location for which the permit is issued. The validity of such permit may be extended by the POD one time for 90 days for good cause.

2.

The applicant shall notify the City in writing, delivered to the City Clerk, once an applicant commences business. Adult use permits shall be renewed annually by October 1 and shall expire on September 30 of the following year. The adult use permit shall remain valid unless it expires or unless the business is voluntarily discontinued for a period of 30 days or more. Failure to obtain an adult use permit by October 1 of each year will subject the permittee to a penalty of ten percent of the permit fee per each month of delinquency.

3.

If the applicant does not commence business before the expiration of the adult use permit, the permit shall become null and void.

G.

Appeal. Decisions to grant or deny an adult use permit may be appealed to City Council only by the applicant or a property owner within 400 feet of the property. Decisions to revoke an otherwise valid adult use permit for voluntary discontinuance of the use or to deny a request for extension may be appealed by the applicant to the City Council. Appeals shall be heard within 30 days of receipt of the appeal by the City Clerk. If the City Council grants an appeal of the denial of an extension, the extension shall run from the date of the City Council's decision. Appeals shall follow the procedures in the appeals section.

H.

Variances. Requests for a variance from the minimum distance requirements shall be decided by the City Council.

(Code 1992, § 16.70.030.1.1; Ord. No. 876-G, § 30, 2-21-2008)

A.

Applicability. A dock permit, issued by the necessary regulatory agencies, shall be required for the installation or replacement of a dock in, on or upon any waters, submerged lands or coastal wetlands.

B.

Application. An application for a dock permit shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan of the subject property, which shall identify the lot lines and lot dimensions.

2.

Detailed drawings to show the dimensions, design and structure of the proposed dock.

3.

Computation of the maximum and proposed dock surface area.

4.

Name of person, firm, corporation or association erecting the dock.

5.

Where applicable, a copy of the staff report and meeting minutes resulting from the action of any Commission or City Council relating to the proposed dock.

C.

Procedure.

1.

The POD shall not accept or process any permit application within 12 months of the date of denial of the same or substantially similar application.

2.

In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, State or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit or other form of approval that may be issued.

3.

External agency review and decision. Following preliminary approval by the City, the permit application shall be transmitted to the appropriate county, regional and state agencies, as required, for final approval.

D.

Appeal. Decisions of the POD to deny or approve a permit for a dock only, not in conjunction with a site plan, special exception or other land use approval, may be appealed to the DRC, whose decision shall be deemed the final decision of the City.

E.

Side setback-waivers. The POD shall have the power to grant waivers to the side setback requirements. The applicant shall send a notice of intent to file a dock permit application with a plan clearly depicting the dock and lift improvements with detailed measurements to the projected property line to all owners of platted water lots and contiguous platted upland lots within 200 feet measured along the side of the waterway where the side setback waiver is requested by regular mail (with certificate of mailing provided to the POD) 30 days prior to filing of such application. The applicant shall also provide a notarized letter of support from the owner of the abutting lot on the side where a side setback waiver is being requested. If no objections are received by the POD, the POD may administratively approve the request. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.030.1.2; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 4(16.70.030.1.2), 9-4-2008; Ord. No. 100-H, §§ 5, 16, 12-19-2013; Ord. No. 397-H, § 7, 11-7-2019; Ord. No. 611-H, § 35, 7-10-2025)

A.

Applicability. A dog dining permit shall be required to allow dogs in outdoor dining areas of public food service establishments.

B.

Application. An application for a dog dining permit shall include the following information in additional to the information that the POD may generally require for a zoning permit application:

1.

Name, location, mailing address and state-issued license number of the public food service establishment.

2.

Name, mailing address and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant.

3.

A diagram and description of the outdoor dining area which is requested to be designated as available to patrons' dogs. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit and include:

a.

Dimensions of the designated areas;

b.

A depiction of the number and placement of tables, chairs, and restaurant equipment, if any;

c.

The entryways and exits to the designated outdoor area;

d.

The boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs;

e.

Any fences or other barriers;

f.

Surrounding property lines and public rights-of-way, including sidewalks and common pathways; and

g.

Such other information as is deemed necessary by the POD.

4.

A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor dining area.

C.

Expiration.

1.

A permit issued pursuant to this section shall expire upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment.

2.

A dog dining permit shall expire on June 30 but may be renewed on an annual basis.

D.

Suspension or revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be revoked or suspended by the POD if any required business or health permit or license for the dog dining or public food service establishment has expired or been suspended, revoked or canceled:

1.

If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder and does not require reasonable time for correction.

2.

If the public food service establishment's permit is revoked, no new permit may be approved for the establishment until the expiration of 180 days following the date of revocation.

E.

Record keeping. The dog dining permit shall be conspicuously displayed in the designated outdoor dining area.

(Code 1992, § 16.70.030.1.3; Ord. No. 892-G, § 4(16.70.030.1.3), 9-4-2008)

A.

Applicability. A landscape permit is required for the installation or replacement of landscaping required by the Land Development Regulations on any development or redevelopment site other than single-family and duplex properties.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD;

2.

Where applicable, a copy of the staff report and meeting minutes resulting from the action of any Commission or City Council relating to the proposed development or redevelopment;

3.

Other information with regard to the structure, lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Land Development Regulations.

C.

Certificates of occupancy; financial guarantees. The POD and the Building Official shall, as each may determine necessary, inspect the property to ascertain that the landscaping is in accord with all provisions of the Land Development Regulations and in accord with all terms upon which the landscape permit may have been conditioned. No certificate of occupancy shall be issued for any building or structure on a property until the landscaping shown on the approved landscape permit is installed and accepted by the POD, unless a financial guarantee for such improvements is provided.

1.

Financial guarantee. A certificate of occupancy may be issued prior to the installation of required landscape materials where installation is not possible due to special circumstances beyond the control of the owner. If the POD determines that special circumstances exist, the developer shall provide a financial guarantee in an amount which is at least 110 percent of the estimated costs of the work to be completed. The financial guarantee shall be in a form acceptable to the POD and the City Attorney (letter of credit, bond, cash or cashier's check). In order to determine the amount of the required financial guarantee, the developer shall provide an itemized cost breakdown of the work to the POD for approval prior to issuance of the certificate of occupancy. Special circumstances shall include:

a.

Unavailability of materials due to a hard freeze or other weather conditions;

b.

Unavailability of sod due to flooded fields;

c.

Inability to establish required landscaping as result of watering restrictions imposed by the City, county or water management district;

d.

Late delivery of back-ordered items which are to be installed outside of public areas on the subject property.

2.

Emergency watering restrictions. When emergency watering restrictions are adopted by state or local agencies limiting water consumption, the pod shall have the authority to postpone the installation of vegetation that is required pursuant to this section. The POD may require that drought tolerant vegetation be installed, that vegetation be watered by hand or truck, that the approved landscape plan or irrigation plan or both be modified on a temporary basis to minimize water consumption; and that a financial guarantee be made. In such situations, the POD shall strive to meet the intent of this section by phasing in the vegetation and irrigation requirements, or modifying the species of vegetation or forms of irrigation. The POD will determine the appropriate accommodation on a case by case basis. In making this determination, the POD shall consider the following:

a.

The expressed preference of the owner/developer, including potential financial impacts of a temporary certificate of occupancy compared with that of a final certificate of occupancy;

b.

The type of use (e.g., commercial, residential);

c.

Existing vegetation on site;

d.

The impact upon surrounding properties;

e.

Approvals granted for landscaping;

f.

Any site specific circumstances.

D.

Variances.

1.

Where unique conditions related to existing buildings, dimensional aspects of platted lots, or a lack of available space or water to support the required landscape materials preclude strict compliance with this chapter, the POD may adjust the requirements as follows:

a.

Relocation of required landscape materials or landscape areas to other parts of the property or the right-of-way;

b.

Substitution of additional site amenities for required landscaping shall be allowed on at least a dollar for dollar ratio and shall serve a public purpose whose need is demonstrated for the site. Acceptable site amenities shall include decorative pedestrian lighting, street furnishings when deemed appropriate by the City, enhanced sidewalks of paver block or hex block, decorative street signs, and neighborhood and business district signs.

2.

Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.030.1.4; Ord. No. 892-G, § 4(16.70.030.1.4), 9-4-2008; Ord. No. 100-H, §§ 5, 17, 12-19-2013)

A.

Applicability. A permit shall be required for pushcart vending.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A certificate of insurance showing the required insurance;

2.

Two photographs of the pushcart and a line drawing showing dimensions;

3.

A copy of the state or county health department license/permit for the pushcart;

4.

An application for extended hours shall also include a copy of the valid pushcart permit, the specific right-of-way location requested, the requested hours of operation, and such information about the pushcart location and operation as requested by the POD.

C.

Scope of approval. A pushcart vending permit authorizes the applicant to engage in push cart vending of approved items at the location specified in the permit. Applicants for pushcart vending permits may obtain a permit for not more than two locations in the right-of-way for each operable pushcart which they own.

1.

Special events. Permits issued for locations on the right-of-way pursuant to this section shall not be valid during any event declared to be a special event by a resolution adopted by the City Council. The resolution shall delineate the boundaries within which the special event declaration is to be effective.

2.

Co-sponsored events. Permits issued for locations on the right-of-way within 200 feet of any boundary of an outdoor event co-sponsored by the City under its co-sponsorship procedures shall not be valid during the time of the co-sponsored event. The POD may decrease this distance or increase the distance up to 500 feet based on the actual or estimated number of persons attending the event or the need to have unobstructed pedestrian access.

D.

Expiration. A pushcart vending permit shall expire on September 30 but may be renewed on an annual basis. The license issued by the state is valid for a period of one year. Prior to the expiration thereof (currently January 31), a copy of the renewed state license shall be submitted to the City. If a copy of the renewed state license is not submitted to the City by February 1, the pushcart vending permit shall become null and void.

E.

Suspension or revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be suspended or revoked by the POD for any of the following reasons:

1.

Any required business or health permit or business tax receipt for the pushcart has expired or been suspended, revoked or canceled;

2.

The permittee does not have insurance in effect which complies with the minimum amounts and requirements described in this section;

3.

Conviction of any crime or misdemeanor involving moral turpitude;

4.

Conducting business as a permittee under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or to interfere with the normal use of the right-of-way or to constitute a menace to the health, safety or general welfare of the public.

F.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

G.

Record keeping. Each pushcart shall display the appropriate business tax receipt and state or county health certificates, and, if in the right-of-way, the permit which identifies the permitted locations for the pushcart.

(Code 1992, § 16.70.030.1.5; Ord. No. 893-G, § 15, 9-4-2008; Ord. No. 892-G, § 4(16.70.030.1.5), 9-4-2008; Ord. No. 957-G, §§ 3, 4, 10-15-2009; Ord. No. 100-H, § 6, 12-19-2013)

A.

Applicability. A permit shall be required for a roadside vending market.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

Letter of authorization from the property owner;

2.

A copy of the state or county health department license or permit for the roadside vending market.

C.

Procedure.

1.

No permit shall be issued for the roadside vending of food products until written confirmation is received by the POD from the state or the county health department that all applicable health department laws and regulations have been met by the applicant.

2.

In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit or other form of approval that may be issued.

D.

Expiration. A roadside vending permit shall expire on September 30 but may be renewed on an annual basis.

E.

Suspension and revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be suspended or revoked by the POD if any required business or health permit or license for the roadside vending market has expired or been suspended, revoked or canceled.

F.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

G.

Record keeping. Each roadside vending market operating within the City shall display the appropriate business tax receipt and state or county health permits or licenses.

(Code 1992, § 16.70.030.1.6; Ord. No. 892-G, § 4(16.70.030.1.6), 9-4-2008; Ord. No. 100-H, § 6, 12-19-2013)

A.

Applicability. A sidewalk café permit shall be required for the operation of a sidewalk café on any right-of-way.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan, which shall include:

a.

Relationship of sidewalk café to adjacent existing buildings and their uses and entrance locations;

b.

Relationship of sidewalk café to any public improvements, including but not limited to, benches, fire connections on the buildings, existing exits from buildings, light standards and landscaping, curbing and parking meters;

c.

Location of any utilities that may affect or be affected by the proposal;

d.

Existing and proposed pedestrian circulation pattern;

e.

Total square footage and exact dimensions of the proposed sidewalk café;

f.

Proposed use, materials, colors and design of table, chairs, umbrellas and other objects to be part of the sidewalk café (including photographs, drawings and catalog cuts);

g.

If any of the sidewalk café fixtures are to be permanently anchored to the sidewalk, include a detailed drawing to show how and where the fixtures will be anchored.

h.

The location of all speakers and their orientation.

2.

Where applicable, a copy of the staff report and meeting minutes resulting from the action of any Commission or City Council relating to the proposed sidewalk café.

3.

If the applicant is not the property owner of the abutting property, a signed letter of consent from the property owner stating that the applicant is authorized to seek a sidewalk café permit for the subject property.

4.

Signed letters of consent from abutting property owners and tenants if required by the use specific standards.

5.

If the application is approved, the following shall be required before a sidewalk café permit can be issued:

a.

Copy of valid business tax receipt.

b.

Copy of all health department permits to operate a sidewalk café.

c.

Executed certificate of insurance approved by the City's risk management office.

d.

Where applicable, copy of the liquor license covering the sidewalk café area.

e.

Copy of flame spread rating for awnings, umbrellas or similar fixtures.

f.

Executed indemnification agreement (release and hold harmless agreement).

C.

Scope of approval. A sidewalk café permit shall be a license to use the sidewalk for the operation of a sidewalk café in accordance with applicable requirements, conditions and restrictions and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. A sidewalk café permit shall exempt the permittee from obtaining a "minor easement" from the City for any fixture or structure approved by the permit.

D.

Expiration. A sidewalk café permit shall expire on September 30 but may be renewed on an annual basis.

E.

Suspension and revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be suspended or revoked by the POD for any of the following reasons:

1.

Permits issued under this section may be suspended or revoked by the POD for any reason and without penalty upon the giving of 30 days' written notice.

2.

The POD may also deny, revoke or suspend a permit if it is found that:

a.

Any required business or health permit or license for the sidewalk café or the abutting business establishment has expired or been suspended, revoked or canceled;

b.

The permittee does not have insurance in effect which complies with the minimum amounts and requirements required;

c.

Conditions of pedestrian and vehicular traffic have changed, causing congestion. Such decision shall be based upon finding of the POD that the minimum required pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety and general welfare of pedestrians or vehicular traffic;

d.

The permittee has failed to correct a violation of the Code or ordinances or conditions of the permit or other applicable laws or regulations within three days of receipt of the City's notice of violation.

3.

Upon denial, suspension or revocation of the permit, the POD shall give notice of such action to the permittee in writing. In the event the denial, suspension or revocation is based on subsection a, b or c of this section, the action shall be effective immediately upon receipt of such notice by the permittee. Otherwise, such notice shall become effective 15 days from the date of such notice. If the revocation or suspension of the permit is caused by the permittee, there shall be no refund of the annual permit fee or any other fees paid to the City for operation of a sidewalk café. Any revocation or suspension without cause shall entitle the permittee to a refund of the annual permit fee prorated on a per month basis from the date of notice of such action.

4.

In the event the permittee fails to remove any tables, chairs, canopies, awnings or other fixtures or objects related to the sidewalk café before the date set forth in the City's notice of denial, revocation or suspension, the POD may remove such fixtures or objects. The permittee shall be responsible for all expenses incurred by the City for the removal and storage of such fixtures or objects.

5.

Violation of the noise provisions of chapter 11, with suspensions for repeat noise violations being governed as set forth in the penalty section, currently section 11-50, of that chapter. Revocation of a sidewalk cafe permit is not permitted for a violation of the provisions of chapter 11 described herein.

F.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.030.1.7; Ord. No. 892-G, § 4(16.70.030.1.7), 9-4-2008; Ord. No. 100-H, §§ 5, 18, 19, 12-19-2013; Ord. No. 216-H, § 6, 3-3-2016; Ord. No. 369-H, § 11, 5-16-2019)

A.

Applicability. A sidewalk retail display permit shall be required for the operation of a sidewalk retail display on any right-of-way.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan, which shall include:

a.

Relationship to adjacent existing buildings and their uses and entrance locations;

b.

Relationship to any public improvements, including but not limited to, benches, fire connections on the buildings, existing exists from buildings, light standards and landscaping, curbing and parking meters;

c.

Location of any utilities that may affect or be affected by the proposal;

d.

Existing and proposed pedestrian circulation pattern; and

e.

Total square footage and exact dimensions of the proposed sidewalk retail display.

2.

If the applicant is not the property owner of the abutting property, a signed letter of consent from the property owner stating that the applicant is authorized to seek a permit.

3.

If the application is approved, the following shall be required before a permit can be issued:

a.

Copy of valid business tax receipt.

b.

Executed certificate of insurance approved by the City's risk management office.

c.

Executed indemnification agreement (release and hold harmless agreement).

C.

Scope of approval. The permit shall be a license to use the sidewalk for the operation of a sidewalk retail display in accordance with applicable requirements, conditions and restrictions and shall not grant nor shall it be construed or considered to grant any person any property right or interest in the sidewalk. The permit shall exempt the permittee from obtaining a "minor easement" from the City for any fixture or structure approved by the permit.

D.

Expiration. A sidewalk retail display permit shall expire on September 30 but may be renewed on an annual basis.

E.

Suspension and revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be suspended or revoked by the POD for any of the following reasons:

1.

Permits issued under this section may be suspended or revoked by the POD for any reason and without penalty upon the giving of 30 days' written notice.

2.

The POD may also deny, revoke or suspend a permit if it is found that:

a.

Any required business tax for the sidewalk retail display or the abutting business establishment has expired or been suspended, revoked or canceled;

b.

The permittee does not have insurance in effect which complies with the minimum amounts and requirements required;

c.

Conditions of pedestrian and vehicular traffic have changed, causing congestion. Such decision shall be based upon finding of the POD that the minimum required pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety and general welfare of pedestrians or vehicular traffic;

d.

The permittee has failed to correct a violation of the Code or ordinances or conditions of the permit or other applicable laws or regulations within three days of receipt of the City's notice of violation.

3.

Upon denial, suspension or revocation of the permit, the POD shall give notice of such action to the permittee in writing. In the event the denial, suspension or revocation is based on subsection a, b or c of this section, the action shall be effective immediately upon receipt of such notice by the permittee. Otherwise, such notice shall become effective 15 days from the date of such notice. If the revocation or suspension of the permit is caused by the permittee, there shall be no refund of the annual permit fee or any other fees paid to the City. Any revocation or suspension without cause shall entitle the permittee to a refund of the annual permit fee prorated on a per month basis from the date of notice of such action.

4.

In the event the permittee fails to remove any merchandise, fixtures or objects related to the sidewalk retail display before the date set forth in the City's notice of denial, revocation or suspension, the POD may remove such merchandise, fixtures or objects without notice. The permittee shall be responsible for all expenses incurred by the City for the removal and storage of such fixtures or objects.

(Code 1992, § 16.70.030.1.8; Ord. No. 892-G, § 4(16.70.030.1.8), 9-4-2008)

A.

Applicability. No sign shall be created, erected, changed, converted, altered or enlarged, wholly or in part, without a sign permit, except for exempt signs. Signs shall comply with all applicable building, electrical, maintenance and other applicable codes. In the event of a conflict between this section and other applicable codes, the more stringent code will prevail.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

For freestanding signs, a site plan of the subject property. The number of copies required shall be established by the POD;

2.

Detailed drawings to show the dimensions, design, structure and location of each particular sign;

3.

Computation of the maximum total sign area, the maximum area for individual signs, the height of the signs and the number of freestanding signs allowed on the site;

4.

Name of person erecting the sign;

5.

Signs taller than six feet and within ten feet of the public right-of-way shall provide a letter of no objection from the local power company to ensure current and future compliance to applicable codes and to protect the safety of the public;

6.

Where applicable, a copy of the staff report and meeting minutes resulting from the action of any Commission or City Council relating to the proposed development or redevelopment.

C.

Scope of approval. The applicant shall apply for and obtain a certificate of completion after construction is completed.

D.

Expiration. A sign permit shall be valid for a maximum 180 days after issuance unless the sign is constructed and the building permit finalized during such time, in which event the permit shall be deemed to have an indefinite term, provided that the sign continues to comply with all applicable requirements, conditions and restrictions. If construction has begun, one 30-day extension may be approved by the POD. If the sign is not constructed before the expiration of the permit, the permit shall become null and void.

E.

Time for review and decisions; right to judicial review; sign permit applications. The deadlines for the review of, and decisions upon, sign permit applications shall be as provided for building permits generally; see section 104.4.1 of the standard Florida Building Code as adopted by the City, and the directive of the Mayor issued on or about September 18, 2001, with respect to the timely processing of building permit applications. More specifically, the aspirational goal for the plan review and a decision upon each complete application for a sign permit which is accompanied by the applicable plan review fee and signage plan shall be the same as the goal for "commercial construction" permits (without necessarily categorizing sign permit applications as "commercial construction permit" applications for other purposes). The aspirational goal for plan review and a decision upon a sign permit application shall be 12 business days. A failure to make a decision upon a sign permit application within such time shall not be determinative of the ultimate approval or disapproval of the application. However, a failure to decide upon a sign permit application within 30 calendar days following the date of receipt of the application, plan review fee, and signage plan, not counting the day of receipt and not counting any Saturday, Sunday, or legal holiday which falls upon the first or the 30th day after the date of receipt, shall be deemed a disapproval of the application, subject to the exceptions set forth herein. A sign permit application shall be either approved, approved with conditions, or disapproved, and the decision shall be reduced to writing. An approval with conditions shall include or be accompanied by a statement explaining the purpose of each condition. A disapproval shall include or be accompanied by a statement of the reason for the disapproval.

If disapproval is the consequence of a failure to decide upon the application within the deadline set forth herein, the POD shall in such instances give to the applicant a written statement of the reason for such failure, and shall refund the plan review fee to the person who paid the fee.

1.

An approval, an approval with conditions, or a disapproval by the POD shall be deemed the final decision of the City upon the application.

2.

In the case of an approval with conditions or a disapproval, an applicant may seek reconsideration of the decision on the grounds that the POD may have overlooked or failed to consider any fact that would support a different decision. A written request for reconsideration, accompanied by such additional factual information which the applicant may desire the POD to consider, shall be filed with the POD within ten calendar days after receipt of the decision. No fee shall be required for a request for reconsideration. Upon the timely filing of a request for reconsideration, the decision of the POD shall be deemed stayed and not a final decision, until the request for reconsideration is decided. The request for reconsideration shall be decided within seven calendar days after the filing of the request for reconsideration. Such decision shall be in writing and shall include a statement of the reason for the decision. If the disapproval was a consequence of a failure to decide upon the application within the deadline set forth herein, the POD shall verify that the plan review fee was refunded even if the POD approves the application upon reconsideration.

3.

All decisions shall be mailed, transmitted electronically, or hand delivered to the applicant. A record shall be kept of the date of mailing, electronic transmittal, or hand delivery. For the purposes of calculating compliance with the 30-day deadline for a decision upon an application or the seven-day deadline for a decision upon a request for reconsideration, the decision shall be deemed made when deposited in the mail, transmitted electronically, or hand-delivered to the applicant.

4.

As exceptions to the foregoing, the 30-day deadline for approval and the seven day deadline for a decision upon a request for reconsideration shall not apply (that is, the time shall be suspended):

a.

In any case in which the application requires a variance from any provision of the Code, a rezoning of the property, or an amendment to the Comprehensive Plan of the City. In such cases, the time shall be suspended until a final decision is made upon the application for the variance, rezoning, or Comprehensive Plan amendment.

b.

If an applicant is required to make any change to the application in order to obtain an unconditional approval, the time shall be suspended while the applicant makes such change.

c.

If an applicant is required to obtain an approval from any other governmental agency, the time shall be suspended until such approval is obtained.

d.

In any of the foregoing cases, the applicant may elect to seek no variance, make no change to the application, or obtain no approval that may be required by another governmental agency, as the case may be, and to demand a decision upon the sign permit application as filed. In such event, the POD shall make a decision on the application as appropriate within two business days after receiving such demand. If a decision is not made in such time, the application shall be deemed denied and the POD shall verify that the plan review fee was refunded to the person who paid the fee.

e.

An application which is materially incomplete or which is not accompanied by the required fee and signage plan shall not be deemed to be accepted and the time for review of the application shall not commence until a complete application accompanied by the required fee and signage plan is filed with the POD.

5.

Any person aggrieved by the decision shall have the right to seek judicial review by a circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

F.

Variances.

1.

A complete application for a variance from any of the provisions of this section, accompanied by the fee for such application, shall be processed and reviewed by the commission designated in the Decisions and Appeals Table. In such cases, the following deadlines shall apply:

a.

A decision approving, approving with conditions, or denying the request shall be rendered within 60 days after receipt by the POD of the application for the variance. If a decision is not made within such time, the application shall be deemed denied.

b.

A decision of the commission designated in the Decisions and Appeals Table on an application for a variance from any of the provisions of this section, which does not include an application for a variance from any other provision of the Code, shall not be subject to review by the City Council.

2.

Other variances. If the application includes a request for one or more variances from another provision of the Code, the decision of the commission designated in the Decisions and Appeals Table shall be subject to review by the City Council as is otherwise provided in this Code upon the timely filing of a notice of appeal.

3.

Any decision of the commission designated in the Decisions and Appeals Table as provided in this section shall be deemed a final, quasi-judicial decision of the City. Any person aggrieved by the decision shall have the right to seek judicial review by a circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, filed in accordance with the requirements of law, seeking such appropriate remedy as may be available.

G.

Request for interpretation. A written request for an interpretation pursuant to the sign section shall be answered within ten business days following receipt by the POD. If the POD fails to provide an interpretation within such time, the request shall be deemed denied. Neither an interpretation nor a denial of a request for an interpretation shall be deemed a final decision of the City unless such action is taken in conjunction with an approval or a disapproval of a sign permit, or an approval of a sign permit application subject to conditions, in which case the decision upon the sign permit application shall be deemed to be the final decision of the City, subject to judicial review as provided herein.

H.

Identification. Every sign erected, constructed, altered or enlarged, for which a permit is required, shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the Building Official.

(Code 1992, § 16.70.030.1.9; Ord. No. 100-H, §§ 5, 20, 12-19-2013)

A.

Applicability. A temporary parking lot permit is required for temporary parking lots.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD;

2.

Where applicable, a copy of the staff report and meeting minutes resulting from the action of any Commission or City Council relating to the proposed development or redevelopment;

3.

Reason for application.

C.

Expiration and extensions. Temporary parking lots may be approved for a period of time not to exceed three years. Extensions may be allowed as provided in the extension and duration of approvals section.

1.

No extensions shall be granted for a lot which is not in compliance with the design standards, maintenance plan, or any condition of approval.

2.

The impacts of the short or long term duration of the sources of the vehicles expected to use the lot, changes in development patterns in the area adjacent to the lot, changes in the LDRs affecting the lot, crime statistics for the lot, and code violation history shall be considered in determining whether to grant an extension. Any extension may be conditioned on mitigation of impacts cause by the foregoing and may include limitations on the hours of operation.

D.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

E.

Appeal. Decisions of the POD to approve, extend, or deny a permit may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

(Code 1992, § 16.70.030.1.10; Ord. No. 892-G, § 4(16.70.030.1.10), 9-4-2008; Ord. No. 100-H, §§ 5, 21, 12-19-2013)

A.

Applicability. A temporary use permit is required for all activities and uses that are not allowed within a zoning district, but may be necessary or appropriate on a temporary basis.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan of the subject property;

2.

Written description of the temporary use and anticipated hours of operation;

3.

In order to secure sufficient information and assurances to determine the suitability of the proposed temporary use, the City may require the following:

a.

Documentation from the county health department regarding arrangement for temporary sanitary facilities and such assurances as the City may require concerning compliance.

b.

Information concerning length of operation.

c.

Provision for adequate parking.

d.

A financial guarantee in an amount determined by the POD and in a form approved by the City Attorney to ensure that the premises will be cleared of all debris during and after the event.

e.

A financial guarantee in an amount determined by the POD and in a form approved by the City Attorney guaranteeing the repair of public rights-of-way of any damage resulting to the rights-of-way as a result of the event.

C.

Procedure.

1.

The application shall be filed at least 30 days prior to the date on which the permit is to take effect. The POD may approve a lesser time period.

2.

Upon receipt of the application, the POD shall determine whether the application conforms to all applicable requirements contained in the Land Development Regulations.

a.

If the POD determines that there will be substantial adverse effects upon property, public notice to property owners within 200 feet of the proposed location shall be required. The decision to require public notice shall be made within five days of receipt of the completed application. The applicant shall be responsible for all required notice to property owners. Notice shall be provided a minimum of 15 days in advance of the event or use.

3.

If the POD determines that the application sufficiently complies with the standards for a temporary use and that appropriate measures have been taken to protect the public health, safety and welfare, the temporary use permit shall be issued. If the POD determines that the application is not in compliance, the POD shall identify the application's deficiencies and deny the application. If the POD denies the application, such denial shall be in writing and provided to the applicant within 15 working days of receipt of a complete application.

4.

In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit or other form of approval that may be issued. Such conditions and restrictions may include, but are not limited to, hours of operation, locations, parking, traffic access and safety requirements. All temporary use permits shall comply with the following conditions:

a.

No permanent or temporary lighting shall be installed without an electrical permit and an inspection;

b.

No structures shall be erected without a building permit and required inspections;

c.

The site shall be cleared of all debris at the end of the use and cleared of all temporary structures within five days after closing of the use. The site shall be restored to its previous condition within 14 days after closing of the use;

d.

Traffic control and pedestrian safety arrangements in the vicinity of the use shall be arranged by the operators of the event with the applicable City departments.

D.

Expiration. A temporary use permit may be issued for a maximum of six months. The POD may grant extensions, subject to the status of construction, permits and inspections.

E.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

F.

Appeal. Decisions of the POD to approve, extend, or deny a permit or to impose conditions or restrictions upon a temporary use permit may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

(Code 1992, § 16.70.030.1.11; Ord. No. 892-G, § 4(16.70.030.1.11), 9-4-2008; Ord. No. 100-H, §§ 6, 7, 12-19-2013)

A.

Applicability. A tree removal permit shall be required to remove or cause to be removed any protected tree or palm.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application: reason for the application.

C.

Procedure.

1.

The POD shall review the application and, if it meets the factors for evaluation in the tree and mangrove protection section, approve the permit.

2.

Tree replacement shall be as required by the tree and mangrove protection section.

D.

Expiration. A tree removal permit shall be valid for six months after issuance. If work is not commenced within the allotted time period, the tree removal permit shall be null and void.

E.

Appeal. Decisions of the POD to approve or deny a tree removal permit may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

(Code 1992, § 16.70.030.1.12; Ord. No. 892-G, § 4(16.70.030.1.12), 9-4-2008; Ord. No. 100-H, § 7, 12-19-2013)

A.

Applicability. A permit shall be required for a community garden.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application: letter of authorization from the property owner.

C.

Procedure.

1.

The application shall be filed at least 30 days prior to the date on which the permit is to take effect. The POD may approve a lesser time period.

2.

Upon receipt of the application, the POD shall determine whether the application conforms to all applicable requirements contained in the Land Development Regulations.

a.

Public notice to property owners within 200 feet of the proposed location shall be required. The applicant shall be responsible for all required notice to property owners. Notice shall be provided at least 30 days prior to the date on which the permit is to take effect.

b.

The POD shall consider the concerns of the public and may impose reasonable conditions to mitigate any adverse impacts of the use at this property.

3.

If the POD determines that the application sufficiently complies with the standards for a community garden use and that appropriate conditions have been imposed to protect the public health, safety and welfare, the permit shall be issued. If the POD determines that the application does not comply or has adverse impacts which cannot be adequately mitigated, the POD shall identify the application's deficiencies and deny the application. If the POD denies the application, such denial shall be in writing and provided to the applicant within 15 working days of receipt of a complete application or the end of the notification period. Appeals shall be heard by the commission designated in the Decisions and Appeals Table.

4.

In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit that may be issued.

D.

Expiration. A community garden permit shall expire on September 30 after the first season of produce production and may be renewed on an annual basis. The application for renewal shall be made at least 30 days prior to September 30. The POD shall review any application for renewal and impose the appropriate conditions as set forth above. If the POD identifies any adverse impacts, then additional conditions may be imposed to mitigate the impacts.

E.

Suspension and revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be suspended or revoked by the POD if the property is cited for a violation of the Code or if the property fails to comply with any condition of the permit.

F.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Ord. No. 933-G, § 2, 6-4-2009; Ord. No. 100-H, §§ 6, 7, 12-19-2013; Ord. No. 448-H, § 10, 2-11-2021)

Editor's note— Ord. No. 436-H, § 2, adopted August 6, 2020, repealed § 16.70.030.1.14. Former § 16.70.030.1.14 pertained to mobile food establishment permits and derived from Ord. No. 116-H, § 2, adopted June 19, 2014.

A.

Applicability. Food truck special events are gatherings of more than two class I, class II or class III mobile food trucks in one location on a date certain and shall require food truck special event approval.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A site plan of the subject property;

2.

Written description of the temporary use and anticipated hours of operation;

3.

In order to secure sufficient information and assurances to determine the suitability of the proposed temporary use, the POD may require the following:

a.

Documentation from the county health department regarding arrangement for temporary sanitary facilities and such assurances as the POD may require concerning compliance.

b.

Information concerning length of operation.

c.

Provision for adequate parking.

d.

A financial guarantee in an amount determined by the POD and in a form approved by the City Attorney to ensure that the premises will be cleared of all debris during and after the event.

e.

A financial guarantee in an amount determined by the POD and in a form approved by the City Attorney guaranteeing the repair of rights-of-way of any damage resulting to the rights-of-way as a result of the event.

C.

Procedure.

1.

The application shall be filed at least 30 days prior to the date on which the special event is to take effect. The POD may approve a lesser time period.

2.

Upon receipt of the application, the POD shall determine whether the application conforms to all applicable requirements contained in the City Code.

a.

If the POD determines that there will be substantial adverse offsite effects, public notice to property owners within 200 feet of the location shall be required. The decision to require public notice shall be made within five days of receipt of the completed application. The applicant shall be responsible for all required notice to property owners. Notice shall be provided a minimum of 15 days in advance of the event.

3.

If the POD determines that the application sufficiently complies with the standards for a food truck special event and that appropriate measures have been taken to protect the public health, safety and welfare, the food truck special event approval shall be issued. If the POD determines that the application is not in compliance, the POD shall identify the application's deficiencies and deny the application. If the POD denies the application, such denial shall be in writing and provided to the applicant within 15 days of receipt of a complete application.

4.

In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit or other form of approval that may be issued. Such conditions and restrictions may include, but are not limited to, hours of operation, locations, parking, traffic access and safety requirements. All food truck special events shall comply with the following conditions:

a.

No permanent or temporary lighting shall be installed without an electrical permit and an inspection;

b.

No structures shall be erected without a building permit and required inspections;

c.

The site shall be cleared of all trash and debris at the end of the event and cleared of all temporary structures within five days after the end of the event. The site shall be restored to its previous condition within 14 days after the end of the event;

d.

Traffic control and pedestrian safety in the vicinity of the event shall be the responsibility of the permittee of the event. The City costs for these services shall be estimated by the POD and paid at least ten days in advance by the permittee as a condition of the permit (after the event, any overpayment shall be refunded to the permittee and any underpayment shall be billed to the permittee).

D.

Duration. A food truck special event may be approved for a maximum of seven days.

E.

Variances. No requests for variances shall be allowed.

F.

Appeal. Decisions of the POD to approve, extend, or deny a permit or to impose conditions or restrictions upon a food truck special event may be appealed to the DRC, whose decision shall be deemed the final decision of the City.

(Ord. No. 116-H, § 3, 6-19-2014; Ord. No. 436-H, § 3, 8-6-2020)

A.

Applicability. A person proposing the construction or alteration of an obstruction must obtain a permit from the City. The requirement for a permit will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a ten nautical-mile (11.5077945 statute mile) radius of the airport reference point, located at the approximate geometric center of all usable runways.

Permit Exemption. A permit is not required for existing structures that received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards before May 20, 1975; a permit is not required for any necessary replacement or repairs to such existing structures if the height and location are unchanged.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application:

1.

A copy of the notice of no hazard to air navigation issued by the FAA. This satisfies the statute requirement to submit a valid aeronautical study;

2.

A building elevation showing the elevation of existing grade, building height, and the overall height above mean sea level;

3.

The application shall demonstrate that the existing conditions and circumstances are such that the strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building, or structure, equivalent to the use made of lands, buildings, or structures in the same district and permitted under the terms of this provision and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Procedure.

1.

External agency review and comment. At the time of filing an airport obstruction permit application, the local government shall forward a copy of the application to the Florida Department of Transportation (FDOT) Aviation and Spaceports Office. A second copy shall be forwarded to the local airport POD. The airport obstruction permit application shall be submitted by certified mail return receipt requested, or a digital copy may be submitted electronically by email or digital upload, where permitted.

The FDOT Aviation and Spaceports Office shall have 15 calendar days from receipt of the application to provide comments to the POD, after which time that right is waived. No application for an airport obstruction permit shall be considered unless the applicant shows compliance with this requirement.

Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from review by the FDOT Aviation and Spaceports Office, unless such review is requested by the FDOT.

2.

Staff review and recommendation. Upon receipt of an airport obstruction permit application, the POD shall determine whether the application complies with all submittal requirements and standards for review.

a.

Administrative approval. If the POD determines that the application complies with all submittal requirements and standards for review and further considers comments from the FDOT and the local airport POD, if remitted, the POD may approve such application with or without conditions. The POD's final decision shall be in writing and shall state the reasons for such approval.

b.

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the Development Review Commission, acting as the Airport Zoning Commission, whose decision shall be deemed the final decision of the City.

3.

Commission review and decision.

a.

Public hearing. If the POD decision is appealed or if the POD determines that because of new or unusual circumstances the application requires review by the Commission, the POD shall send a report to the Development Review Commission, acting as the Airport Zoning Commission, with a copy to the applicant recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions, or deny the requested permit. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D.

Standards for review. In determining whether to issue or deny a permit, the POD or Commission must consider the following, as applicable:

1.

The safety of persons on the ground and in the air;

2.

The safe and efficient use of navigable airspace;

3.

The nature of the terrain and height of existing structures;

4.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in the state chapter regulating aircraft, pilots, and airports;

5.

The character of existing and planned flight operations and developments at Albert Whitted Airport;

6.

Federal airways, visual flight rules, flyways, and corridors, and instrument approaches as designated by the Federal Aviation Administration;

7.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at Albert Whitted Airport; and

8.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

E.

Expiration. Approval of the airport obstruction permit shall be subject to any expiration dates identified in the letter of no hazard authorized by the Federal Aviation Administration.

(Ord. No. 319-H, § 4, 2-15-2018)

A.

Application and fee.

1.

Applications for planning and zoning decisions shall be submitted in a form promulgated by the POD. The information provided on the form shall be supplemented by the information outlined below for the type of planning and zoning decision sought.

2.

The application shall be accompanied by a fee in the amount required by the City Council.

B.

Procedure. In addition to the procedures for a planning and zoning decision outlined hereafter, any commission may hold a preliminary meeting with the POD to review the agenda items prior to the scheduled public hearing.

C.

Initiation. Applications for a planning and zoning decision may be initiated by the property owner. A duly authorized agent may file an application on behalf of a property owner with the appropriate authorization of the property owner. The ability to initiate an application for planning and zoning decisions shall be supplemented by the information outlined below for the type of planning and zoning decision sought.

D.

Public hearing. If a public hearing is required, it shall be held within 90 days from the date of receipt of a completed application. If an applicant defers a required public hearing for two consecutive scheduled public hearing dates, the application shall be deemed to be automatically denied for failure to timely process the request, and the application and file shall be closed by the POD. An applicant may reapply after paying the normally required fee.

E.

Standards for review. In reviewing the application for a planning and zoning decision in addition to the standards of review applicable to the decision, the POD, commission or the City Council shall consider whether the proposed amendment is consistent with and furthers the purpose of the Land Development Regulations and other City ordinances and actions designed to implement the plan.

F.

Public participation process and report.

1.

Purpose. The public participation process may not produce complete consensus on all applications, but encourages applicants to be good neighbors and allows for informed decision making. The level of public interest and area of involvement will vary depending on the nature of the application and the location of the site. The purpose of the public participation process is to:

a.

Encourage applicants to pursue early and effective communications with the affected public in conjunction with applications, giving the applicant an opportunity to understand and attempt to mitigate any documentable adverse impact of the proposed project on the adjoining community and to educate and inform the public;

b.

Provide residents and owners of property in potentially impacted areas with an opportunity to learn about applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and

c.

Facilitate ongoing communication between the applicant, interested residents, property owners, and City staff throughout the application review process.

2.

Applicability. It is the policy of the City to encourage applicants to meet with residents of the surrounding neighborhoods prior to filing an application for a decision requiring a streamline review or public hearing. Participation in the public participation process prior to required public hearings will be considered by the decision-making official when considering the need, or request, for a continuance of an application. It is not the intent of this section to require neighborhood meetings, (except when the application is for a local historic district) but to encourage meetings prior to the submission of applications for approval and documentation of efforts which have been made to address any potential concerns prior to the formal application process.

3.

Target area. The target area for the public participation process shall include the following:

a.

Property owners within the public hearing notice area required by this section;

b.

The neighborhood in which the subject property is located;

c.

Potentially affected neighborhood associations and/or business associations, within 300-feet of the subject property, the Council of Neighborhood Associations (CONA), and the Federation of Inner-City Community Organizations (FICO). If the property is in a DC district, the St. Petersburg Chamber of Commerce and the downtown partnership shall be included.

4.

Documentation.

a.

Report on implementation of the public participation process. The applicant shall provide a written report on the results of their public participation effort prior to filing the application, and such report may be updated and resubmitted up to 10-days prior to the scheduled public hearing. If no actions have been taken to invite public participation and/or no concerns or issues with the application have been expressed, then such inaction or non-response shall be indicated on the report. The report will be attached to the POD's public hearing report. At a minimum, the public participation report shall include the following information:

1.

Details of techniques the applicant used to involve the public, including:

(a)

Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal;

(b)

Content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications;

(c)

Where residents, property owners, and interested parties receiving notices, newsletters, or other written materials are located;

(d)

A list of persons contacted and invited to any neighborhood meeting; and

(e)

The number of people who participated in the process;

2.

A summary of concerns, issues and problems expressed during the process;

3.

How the applicant has addressed or intends to address concerns, issues and problems expressed during the process; and

4.

Concerns, issues and problems the applicant is unable to address. This statement shall indicate why the concerns cannot or should not be addressed.

5.

Notice of intent to file. A minimum of ten days prior to filing an application for a decision requiring streamline or public hearing approval, the applicant shall send a copy of the application by email or certified mail the Council of Neighborhood Associations (CONA) and to all neighborhood associations and/or business associations within 300 feet of the subject property. The applicant shall file evidence of such notice with the application to the POD. This subsection shall not apply to applications for historic districts or individual designations which shall be governed by the Historic Preservation Overlay.

G.

Conceptual plan approval.

1.

Purpose. The purpose of the conceptual plan approval process is to:

a.

Recognize that preparation of specific construction details and diagrams, in advance of any formal approval, is costly and therefore creates risk for the property owner;

b.

Recognize that applications for development or redevelopment may precede the final determination of any property owner or tenant who may have a specific floor plan and other requests that need to be accommodated;

c.

Facilitate flexibility in the development process by acknowledging the influence of risk on property owners, developers and lending institutions.

2.

Applicability. The applicant may include conceptual plan approval as a preparatory step in the development process, which allows an applicant to receive conceptual plan approval for a project and return with a fully developed package for final plan review and approval. The conceptual plan review process may be utilized for the following types of applications: Bonus approval, public hearing (downtown center), site plan review and special exception applications.

3.

Procedures.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation. While this is a preliminary approval based on a conceptual plan, the applicant shall submit all information necessary to demonstrate compliance with the Land Development Regulations and any bonus provisions.

b.

Commission review and decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested conceptual plan, applying the standards for whichever application is being considered.

c.

Final plan approval. At any time prior to expiration of the approval, the applicant may fully develop the plans and return for final approval. The application shall be revised to comply with any code amendments that have been adopted since the conceptual approval. If the final plans are consistent with the conceptual plan approval, the application shall be placed on the consent agenda of the commission designated in the Decisions and Appeals Table for final approval. The applicant may return to the commission designated in the Decisions and Appeals Table at any time prior to expiration to amend an approved conceptual plan.

H.

Modifications. Any request for modification to a special exception or a site plan review previously approved by the POD or the commission designated in the Decisions and Appeals Table, shall be subject to review and approval in the same manner as a new application, except that the POD may approve minor modifications, provided that the basic purpose and intent of the Commission's action and the ordinances of the City are met and effectuated.

A.

Minor modifications. "Minor modification" shall mean the following:

1.

Any modifications that reduce density, building square footage or degree of variance, or modifications not involving an increase of more than ten percent of the gross floor area and in no event more than 6,000 square feet in the case of buildings or five percent of the lot area in the case of parking or landscaping modifications. Public notice of these minor modifications is not required.

2.

Any modifications involving an increase of more than ten percent, but not more than 20 percent, of the gross floor area and in no event more than 15,000 square feet in the case of buildings or 20 percent of the lot area in the case of parking or landscaping modifications. Mailed notice should be provided as set forth in the notices section.

3.

Minor modifications shall not cause a variance from any provisions of the City Code, shall not involve a change in principal use or an increase in residential density, shall not waive any condition or conditions expressly specified by the Commission, and shall not change the basic intent of the approved site plan.

B.

Procedures.

1.

An applicant that seeks a modification to a special exception or site plan previously approved by the POD or the commission designated in the Decisions and Appeals Table shall be required to obtain the required authorizations from all owners of property subject to the previous approval for which modification is sought, except as set forth in subsection 2 below.

2.

An applicant that seeks a modification to a previously approved special exception or site plan may be exempt from obtaining the required authorizations from the other property owners subject to the previous approval for which modification is sought, if all of the following conditions are met:

a.

The previously approved special exception or site plan, which may or may not be expired, applies to a subject property that is currently owned by multiple owners who are separate entities; and

b.

The applicant is seeking to modify the special exception or site plan approval for only those portions of the subject property that the applicant owns.

In lieu of obtaining the required authorizations from the other property owners, upon meeting the conditions set forth in this subsection, the applicant shall demonstrate proof that notice describing the modification was supplied to the other property owners no more than 90 days and no less than 15 days prior to filing of the application. Modifications to site plans with multiple owners shall be reviewed to address overall impacts on the entire site plan in accordance with the applicable development standards in the Land Development Regulations.

(Code 1992, § 16.70.040.1; Ord. No. 1029-G, § 55, 9-8-2011; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 286-H, § 1, 7-20-2017; Ord. No. 397-H, § 8, 11-7-2019)

A.

Applicability. Amendments to the future land use map, official zoning map, and the text of the Comprehensive Plan or Land Development Regulations shall follow the procedures as provided in State law, where applicable, and in these Land Development Regulations.

B.

Initiation. The City Council, by resolution, and the POD, by memorandum, may initiate amendments to the future land use map, official zoning map, and the text of the Comprehensive Plan or Land Development Regulations without application from any other person. A denial or recommendation of denial by any Commission of a City Council initiated amendment is not a final decision and such amendment will be transmitted to City Council for further consideration. City Council may deny the amendment on first reading.

C.

Notice. The City shall comply with the notification requirements set forth in state statutes. The City may require that supplemental notice be provided. Failure to give such supplemental notice shall not invalidate any action of the POD, a Commission or the City Council.

D.

Procedure.

1.

Amendments to the future land use map and official zoning map for parcels regardless of size.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application.

(1)

Approval. If the Commission determines that the application complies with the applicable requirements of law, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings in regard to whether the proposed amendment meets the requirements and may include any proposed modifications or conditions to the proposed amendment. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the application does not comply with the applicable requirements of law, the Commission shall deny the application. A denial of an application is final except in the case of an application initiated by the City Council, unless an appeal is taken to the City Council.

c.

City Council review and decision. Upon receipt of a recommendation of approval or upon a timely appeal from a denial by the Commission, the City Council shall conduct any required readings and public hearings on the application and shall approve, approve with conditions or deny the requested amendment. The City Council shall act by ordinance, but if external agency review is required, the adoption of the ordinance may be deferred or contingent upon completion of the external agency review.

d.

External agency review and decision. If required by law, the proposed ordinance shall be transmitted to the appropriate county, regional and state agencies. Upon receipt of objections, recommendations or comments from a reviewing agency, the City Council shall conduct any required readings and public hearings and shall approve, approve with conditions or deny the requested amendment. The adopted ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

2.

Amendments to the text of the Comprehensive Plan.

a.

Staff review and recommendation. After the POD has reviewed the proposed amendment, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the proposed amendment should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the proposed amendment.

(1)

Approval. If the Commission determines that the proposed amendment complies with the applicable requirements of law and is consistent with other provisions of the Comprehensive Plan, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings in regard to whether the proposed amendment meets such requirements and may include any proposed modifications or conditions to the proposed amendment. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the proposed amendment does not comply with the applicable requirements of law or is inconsistent with other provisions of the Comprehensive Plan, the Commission shall recommend denial of the proposed amendment or approval subject to amendments or conditions necessary to resolve such inconsistencies.

(3)

Review of amendment. Review of a proposed amendment to the Comprehensive Plan is a legislative function. The Commission may make a recommendation of approval or denial based on planning principals or what it deems to be in the best interests of the City. Transmittal of a denial to the City Council does not require an appeal.

c.

City Council review and decision for request of amendment. Upon receipt of the recommendation from the Commission, the City Council shall conduct any required readings and public hearings on the proposed amendment and shall approve, approve with amendments or conditions or deny the requested amendment.

d.

External agency review and decision. The proposed ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

e.

City Council review and decision by ordinance. Upon receipt of the department of community affairs (DCA), objections, recommendations and comments (ORC) report, if required, and recommendations from other external agencies, the City Council may conduct any required readings and public hearings on the application and shall approve, approve with modifications or deny the requested amendment. The City Council shall act by ordinance.

f.

External agency review and decision. The adopted ordinance shall be transmitted to the appropriate county, regional and state agencies, as required by law.

3.

Requests to amend the text of the Land Development Regulations and amend unaddressed uses and requests to add uses to a district.

a.

Staff review and recommendation. After the POD has reviewed the request, the POD shall send a report and recommendation to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the request should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and recommendation. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the request.

(1)

Approval. If the Commission determines that the request complies with the applicable requirements of the Comprehensive Plan, the Commission shall issue a recommendation to the City Council setting forth the Commission's findings and may include any proposed modifications or conditions to the request. The Commission's findings need not include specific findings of fact.

(2)

Denial. If the Commission determines that the request does not comply with the applicable requirements of the Comprehensive Plan, the Commission shall deny the request. A denial of a request is final, except in the case of a request initiated by the City Council, which shall be transmitted to the City Council for further consideration.

(3)

Review of a request to amend the LDRs is a legislative function. The Commission may make a recommendation of approval or denial based on planning principals or what it deems to be in the best interests of the City.

c.

External agency review and decision. The proposed ordinance shall be transmitted to the appropriate county agencies, as required by law.

d.

City Council review and decision. Upon receipt of the recommendation from the Commission and external agencies, if any, the City Council may conduct any required readings and public hearings on the request and shall approve, approve with modifications or deny the request. The City Council shall act by ordinance.

E.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall be guided by the following factors:

1.

Compliance of the proposed use with the goals, objectives, polices and guidelines of the Comprehensive Plan;

2.

Whether the proposed amendment would adversely affect environmentally sensitive lands or properties which are documented as habitat for the listed species as defined by the conservation element of the Comprehensive Plan;

3.

Whether the proposed changes would alter the population density pattern and thereby adversely affect residential dwelling units or public schools;

4.

Impact of the proposed amendment upon the adopted level of service (LOS) for public services and facilities including, but not limited to: water, sewer, sanitation, recreation and stormwater management and impact on LOS standards for traffic and mass transit. The POD may require the applicant to prepare and present with the application whatever studies are necessary to determine what effects the amendment will have on the LOS;

5.

Appropriate and adequate land area sufficient for the use and reasonably anticipated operations and expansions;

6.

The amount and availability of vacant land or land suitable for redevelopment for similar uses in the City or on contiguous properties;

7.

Whether the proposed change is consistent with the established land use pattern of the areas in reasonable proximity;

8.

Whether the exiting district boundaries are logically drawn in relation to existing conditions on the property proposed for change;

9.

If the proposed amendment involves a change from residential to a nonresidential use or a mixed use, whether more nonresidential land is needed in the proposed location to provide services or employment to residents of the City;

10.

Whether the subject property is within the 100-year floodplain, hurricane evacuation level zone A or coastal high hazard areas as identified in the coastal management element of the Comprehensive Plan;

11.

Other pertinent facts.

F.

Conditions. The City Council may provide in an ordinance that such ordinance shall not become effective until certain conditions are met within such times as the City Council shall provide. Within the time provided by the City Council, the owner of the land shall certify to the POD and the City Council that the conditions have been met. The POD shall consider the certification and shall send a recommendation to the City Council. If the City Council finds that the conditions have been met and approves the statement of certification, the ordinance shall become effective as provided by the City Council, if the City Council finds that the conditions have not been met, the ordinance shall not become effective.

Two extensions of time to comply with conditions each not to exceed one year, may be granted by City Council upon good cause shown. Such applications for extensions shall be made in writing and shall be accompanied by an application fee if required by City Council.

(Code 1992, § 16.70.040.1.1; Ord. No. 892-G, § 5, 9-4-2008; Ord. No. 985-G, §§ 111—113, 7-15-2010; Ord. No. 100-H, §§ 8, 9, 12-19-2013; Ord. No. 214-H, § 2, 3-3-2016)

A.

Applicability. The bonus approval, streamline process is limited to those properties within the downtown center (DC) zoning districts that exceed the base approval standards. The bonus approval, streamline process allows for increased floor area ratio and building height, subject to compliance with bonus provisions.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD and:

(1)

Elevations depicting architectural details and materials for all sides of each structure shall be provided.

(2)

The POD may require a surveyor's certificate to determine location of the proposed structure relative to the lot lines.

b.

If the proposed development or redevelopment requires modification to the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed development or redevelopment requires modification to the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

2.

Data sheet.

3.

Application for certificate of concurrency.

4.

If a variance request is included, a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

5.

Public participation report or a statement that public participation was not performed.

C.

Procedures; streamline approval. If the application conforms to all submittal requirements and standards for review, the POD may approve such application with or without conditions. The POD shall provide notice as required.

D.

Appeal. Decisions of the POD to deny or approve an application or to impose conditions upon an approval may be appealed to the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.2; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. The bonus approval, public hearing process is limited to those properties within the downtown center (DC) zoning districts that exceed the base approval standards. The bonus approval, public hearing allows for increased floor area ratio and building height, subject to compliance with bonus provisions.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD and:

(1)

Elevations depicting architectural details and materials for all sides of each structure shall be provided.

(2)

The POD may require a surveyor's certificate to determine location of the proposed structure relative to the lot lines involved.

b.

If the proposed development or redevelopment requires modification to the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed development or redevelopment requires modification to the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

2.

Data sheet.

3.

Application for certificate of concurrency.

4.

If a variance request is included a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district, and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

5.

Public participation report or a statement that public participation was not performed.

C.

Procedures. The bonus approval, public hearing process is a one or two-step process. The applicant may include conceptual plan review as a preparatory step in the development process or may apply for final approval as follows:

1.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with modifications or denied and the grounds for such recommendation.

2.

Commission review and decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested bonus approval, public hearing. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.3; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. In neighborhood zoning districts, site plan review (SPR) approval by the DRC is required for all projects in excess of 50,000 square feet of gross floor area for nonresidential or mixed-use projects or 60 dwelling units for residential projects. In all other districts SPR approval by the DRC is required for all projects in excess of 250,000 square feet of gross floor area except in the EC-2 district or the DC districts. In addition, SPR approval by the DRC is required for all projects located within or partially located within the Coastal High Hazard Area in excess of 60 dwelling units, regardless of the zoning district.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD.

(1)

Elevations depicting architectural details and materials for all sides of each structure shall be provided.

(2)

The POD may require a surveyor's certificate to determine location of the proposed structure relative to the lot lines involved.

b.

If the proposed development or redevelopment requests modification of the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed development or redevelopment requests modification of the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

2.

Data sheet.

3.

Application for certificate of concurrency.

4.

If a variance request is included, a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

5.

Public participation report or a statement that public participation was not performed.

C.

Procedures. The site plan review process is a one or two-step process. The applicant may include conceptual plan review as a preparatory step in the development process, or may apply for final approval as follows:

1.

Staff review and recommendation. Upon receipt of a site plan review application, the POD shall determine whether the application complies with all submittal requirements and standards for review.

a.

Streamline approval. If the POD determines that the application complies with all submittal requirements and standards for review and is less than the threshold square footage requirements, the POD may approve such application with or without conditions. The POD shall provide notice as required.

b.

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

2.

Commission review and decision.

a.

Public hearing. If the POD determines that because of new or unusual circumstances the application requires review by the commission designated in the Decisions and Appeals Table or that the application does not comply with all submittal requirements and standards for review or exceeds the threshold square footage requirements, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested site plan. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall be guided by the following factors:

1.

The use is consistent with the Comprehensive Plan;

2.

The property for which a site plan review is requested shall have valid land use and zoning for the proposed use prior to site plan approval;

3.

Ingress and egress to the property and proposed structures with particular emphasis on automotive and pedestrian safety, separation of automotive and bicycle traffic and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe and emergency. Access management standards on state and county roads shall be based on the latest access management standards of FDOT or the county, respectively;

4.

Location and relationship of off-street parking, bicycle parking, and off-street loading facilities to driveways and internal traffic patterns within the proposed development with particular reference to automotive, bicycle, and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscaping;

5.

Traffic impact report describing how this project will impact the adjacent streets and intersections. A detailed traffic report may be required to determine the project impact on the level of service of adjacent streets and intersections. Transportation system management techniques may be required where necessary to offset the traffic impacts;

6.

Drainage of the property with particular reference to the effect of provisions for drainage on adjacent and nearby properties and the use of on-site retention systems. The Commission may grant approval of a drainage plan as required by City ordinance, county ordinance, or SWFWMD;

7.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with adjacent properties;

8.

Orientation and location of buildings, recreational facilities and open space in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the building with adjacent development and surrounding landscape;

9.

Compatibility of the use with the existing natural environment of the site, historic and archaeological sites, and with properties in the neighborhood as outlined in the City's Comprehensive Plan;

10.

Substantial detrimental effects of the use, including evaluating the impacts of a concentration of similar or the same uses and structures, on property values in the neighborhood;

11.

Sufficiency of setbacks, screens, buffers and general amenities to preserve internal and external harmony and compatibility with uses inside and outside the proposed development and to control adverse effects of noise, lights, dust, fumes and other nuisances;

12.

Land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations and expansion thereof;

13.

Landscaping and preservation of natural manmade features of the site including trees, wetlands, and other vegetation;

14.

Sensitivity of the development to on-site and adjacent (within 200 feet) historic or archaeological resources related to scale, mass, building materials, and other impacts;

15.

Availability of hurricane evacuation facilities for developments located in the hurricane vulnerability zones;

16.

Meets adopted levels of service and the requirements for a certificate of concurrency by complying with the adopted levels of service for:

a.

Water.

b.

Sewer.

c.

Sanitation.

d.

Parks and recreation.

e.

Drainage.

E.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.4; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 5(16.70.040.1.4), 9-4-2008; Ord. No. 985-G, § 114, 7-15-2010; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 214-H, § 3, 3-3-2016; Ord. No. 346-H, § 17, 3-14-2019; Ord. No. 428-H, § 7, 10-8-2020; Ord. No. 544-H, § 5, 4-20-2023)

A.

Applicability. Each zoning district may include designated special exception uses. Special exception uses are uses which may be appropriate in a zoning district but have impacts that require special consideration. These impacts may include, but are not limited to, the location of the building, traffic impacts, general traffic circulation, landscaping and buffering from adjoining uses, hours of operation, and other operational aspects.

B.

Application. An application shall include the following information in additional to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD and:

(1)

Elevations depicting architectural details and materials for all sides of each structure shall be provided.

(2)

The POD may require a surveyor's certificate to determine location of the proposed structure relative to the lot lines involved.

b.

If the proposed development or redevelopment requests modification of the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed development or redevelopment requests modification of the existing landscaping or installation of new landscaping, the site plan shall require landscaping information required.

2.

Data sheet.

3.

Application for certificate of concurrency.

4.

If a variance request is included, a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district, and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

5.

Public participation report or a statement that public participation was not performed.

C.

Procedure. The special exception process is a one or two-step process. The applicant may include conceptual plan review as a preparatory step in the development process or may apply for final approval as follows:

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review and decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested special exception. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision rendered under this section shall be guided by the following factors:

1.

The use is consistent with the Comprehensive Plan;

2.

The property for which a special exception is requested shall have valid land use and zoning for the proposed use prior to the public hearing;

3.

Ingress and egress to the property and proposed structures with particular emphasis on automotive and pedestrian safety, separation of automotive and bicycle traffic and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe and emergency. Access management standards on State and county roads shall be based on the latest access management standards of FDOT or the county, respectively;

4.

Location and relationship of off-street parking, bicycle parking, and off-street loading facilities to driveways and internal traffic patterns within the proposed development with particular reference to automotive, bicycle, and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscaping;

5.

Traffic impact report describing how this project will impact the adjacent streets and intersections. A detailed traffic report may be required to determine the project impact on the level of service of adjacent streets and intersections. Transportation system management techniques may be required where necessary to offset the traffic impacts;

6.

Drainage of the property with particular reference to the effect of provisions for drainage on adjacent and nearby properties and the use of on-site retention systems. The Commission may grant approval of a drainage plan as required City ordinance, county ordinance, or SWFWMD;

7.

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with adjacent properties;

8.

Orientation and location of buildings, recreational facilities and open space in relation to the physical characteristics of the site, the character of the neighborhood and the appearance and harmony of the building with adjacent development and surrounding landscape;

9.

Compatibility of the use with the existing natural environment of the site, historic and archaeological sites, and with properties in the neighborhood as outlined in the City's Comprehensive Plan;

10.

Substantial detrimental effects of the use, including evaluating the impacts of a concentration of similar or the same uses and structures, on property values in the neighborhood;

11.

Substantial detrimental effects of the use, including evaluating the impacts of a concentration of similar or the same uses and structures, on living or working conditions in the neighborhood;

12.

Sufficiency of setbacks, screens, buffers and general amenities to preserve internal and external harmony and compatibility with uses inside and outside the proposed development and to control adverse effects of noise, lights, dust, fumes and other nuisances;

13.

Land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations and expansion thereof;

14.

Landscaping and preservation of natural manmade features of the site including trees, wetlands, and other vegetation;

15.

Sensitivity of the development to on-site and or adjacent (within 200 feet) historic or archaeological resources related to scale, mass, building materials, and other impacts;

16.

Availability of hurricane evacuation facilities for developments located in the hurricane vulnerability zones;

17.

Meets adopted levels of service and the requirements for a certificate of concurrency by complying with the adopted levels of service for:

a.

Water.

b.

Sewer.

c.

Sanitation.

d.

Parks and recreation.

e.

Drainage.

E.

Appeal. Decisions of the POD concerning modifications may be appealed to the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.5; Ord. No. 1029-G, § 56, 9-8-2011; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 214-H, § 4, 3-3-2016)

A.

Applicability. The purpose of a variance is to ensure that no property, because of the special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same zone and vicinity. Variances shall be reviewed and may be approved, approved with conditions, or denied by the commission designated in the Decisions and Appeals Table.

B.

Application. An application for a variance shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD.

(1)

Elevations depicting architectural details and materials for all sides of each structure shall be provided.

(2)

The POD may require a surveyor's certificate to determine the location of the proposed structure relative to the lot lines.

b.

If the proposed development or redevelopment requests modification of the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed development or redevelopment requests modification of the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

2.

Demonstrate the existing conditions and circumstances. The application shall demonstrate that the existing conditions and circumstances are such that the strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of the land, building, or structure, equivalent to the use made of lands, buildings, or structures in the same district and permitted under the terms of this chapter and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Procedures.

1.

Staff review and recommendation. Upon receipt of a variance application, the POD shall determine whether the application complies with all submittal requirements and standards for review.

a.

Streamline approval. If the POD determines that the application complies with all submittal requirements and standards for review, the POD may approve such application with or without conditions. The POD shall provide written and posted notice prior to making a final decision. The POD's decision shall be in writing and shall state the reasons for such approval.

b.

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

2.

Commission review and decision.

a.

Public hearing. If the POD determines that, because of new or unusual circumstances, the application requires review by the commission designated in the Decisions and Appeals Table or that the application does not comply with all submittal requirements and standards for review, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the commission designated in the Decisions and Appeals Table shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested site plan. After considering the application and evidence, the commission designated in the Decisions and Appeals Table may defer action for no more than 60 days to obtain additional information.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, the decision shall be guided by the following factors:

1.

Special conditions exist which are peculiar to the land, building, or other structures for which the variance is sought and which do not apply generally to lands, buildings, or other structures in the same district. Special conditions to be considered shall include, but not be limited to, the following circumstances:

a.

Redevelopment. If the site involves the redevelopment or utilization of an existing developed or partially developed site;

b.

Substandard lot. If the site involves the utilization of an existing legal nonconforming lot which is smaller in width, length or area from the minimum lot requirements of the district;

c.

Preservation district. If the site contains a designated preservation district;

d.

Historic resources. If the site contains historical significance;

e.

Significant vegetation or natural features. If the site contains significant vegetation or other natural features;

f.

Neighborhood character. If the proposed project promotes the established historic or traditional development pattern of a block face, including setbacks, building height, and other dimensional requirements;

g.

Public facilities. If the proposed project involves the development of public parks, public facilities, schools, public utilities or hospitals;

2.

The special conditions existing are not the result of the actions of the applicant;

3.

Owing to the special conditions, a literal enforcement of this chapter would result in unnecessary hardship;

4.

Strict application of the provisions of this chapter would provide the applicant with no means for reasonable use of the land, buildings, or other structures;

5.

The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or other structure;

6.

The granting of the variance will be in harmony with the general purpose and intent of this chapter;

7.

The granting of the variance will not be injurious to neighboring properties or otherwise detrimental to the public welfare; and

8.

The reasons set forth in the application justify the granting of a variance;

9.

No nonconforming use of neighboring lands, buildings, or other structures, legal or illegal, in the same district, and no permitted use of lands, buildings, or other structures in adjacent districts shall be considered as grounds for issuance of a variance permitting similar uses.

(Code 1992, § 16.70.040.1.6; Ord. No. 892-G, § 5(16.70.040.1.6), 9-4-2008; Ord. No. 985-G, § 115, 7-15-2010; Ord. No. 100-H, § 22, 12-19-2013)

A.

Applicability. Any person requesting a variance from the minimum distance requirements outlined in the use specific development standards for adult uses shall apply to the City Council for such variance.

B.

Notice. The City shall follow the notification procedures as set forth in the notice section except that the written notification distance shall be 400 feet.

C.

Procedure.

1.

If a written request for variance is filed with the POD, a public hearing shall be held before the City Council to consider the request. The POD shall schedule the public hearing to be held within 60 days from the date the written request is received. Such period shall not be extended except upon the written request of the applicant.

2.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the City Council, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

3.

City council review and decision. Upon receipt of the recommendation from the POD, the City Council shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested variance.

a.

The City Council may only grant a variance from the minimum distance requirements of by a majority vote of the members present. Failure to reach a majority vote shall result in a denial of the variance. The decision of the City Council is final.

D.

Standards for review. For standards of review, see the adult use section of the use specific development standards.

(Code 1992, § 16.70.040.1.7; Ord. No. 876-G, § 30, 2-21-2008)

A.

Purpose. The purpose of this section is to establish a uniform mechanism to process requests for reasonable accommodation to this Chapter 16 (the City's land development regulations) for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the Americans with Disabilities Act (42 U.S.C. Section 12131, et seq.) ("ADA"). For purposes of this section, a "disabled" individual or person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qualifying entities) may request a reasonable accommodation with respect to this Chapter as provided by the FHA and the ADA pursuant to the procedures set out in this section.

B.

Application requirements. A request by an applicant for reasonable accommodation under this section shall be made in writing to the POD by completion of a reasonable accommodation request form provided by the City. The reasonable accommodation request form shall contain such information as the POD deems necessary for processing the reasonable accommodation request and shall include, at a minimum, the following information:

1.

The name, telephone number, physical address and e-mail address (if available) of the applicant, and the applicant's representative, if applicable.

2.

The physical address of the housing or other location at which the accommodation is requested.

3.

A description of the qualifying disability or handicap.

4.

A description of the requested accommodation and the specific provisions of this chapter from which accommodation is sought.

5.

The reasons the reasonable accommodation is necessary.

C.

Application review and determination.

1.

The POD shall review the completed application and issue a written determination within 30 days of the date of receipt of the completed application. The POD may, consistent with the FHA and/or ADA, (a) grant the request (with or without conditions), (b) grant a portion of the request and deny a portion of the request, or (c) deny the request.

2.

In determining whether the reasonable accommodation request shall be granted, granted in part, or denied, the applicant shall be required to establish the following:

a.

That the proposed accommodation(s) being sought is (are) reasonable and necessary to afford handicapped/disabled person(s) equal opportunity to use and enjoy housing or other service(s); and

b.

That the person(s) are protected under the FHA and/or ADA by demonstrating that said person(s) are handicapped or disabled, as defined in the FHA and/or ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this section and pursuant to the ADA, the disabled person(s) must demonstrate one of the following:

i.

A physical or mental impairment, which substantially limits one or more major life activities;

ii.

A record of having such impairment; or

iii.

That the person(s) is (are) regarded as having such impairment.

3.

In addition to the above, the POD shall consider the following when deciding whether to grant, grant in part, or deny a request for a reasonable accommodation:

a.

Whether the requested accommodation would impose an undue financial or administrative burden on the City; and

b.

Whether the requested accommodation would require a fundamental alteration of a material nature in the City's land use, zoning, or development policies.

If the POD finds that the requested accommodation will impose an undue financial or administrative burden on the City, or will require a fundamental alteration in the nature of the City's land use and zoning regulations, the POD may consider whether an alternative reasonable accommodation exists which would effectively meet the disability-related need. An alternative reasonable accommodation may be the requested accommodation with conditions.

D.

No fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation.

E.

General provisions. The following general provisions are applicable to reasonable accommodation requests:

1.

A disabled or handicapped individual may apply for a reasonable accommodation on his/her own behalf or may be represented at all stages of the reasonable accommodation request process by an attorney, legally appointed guardian, or other person designated by the disabled individual as authorized to submit the application on their behalf.

2.

A reasonable accommodation does not alter an individual's obligation to comply with other applicable federal, state, county or City requirements, rules, regulations, or laws, including all applicable zoning, building, and/or engineering permitting requirements.

3.

A reasonable accommodation is not a variance. It is an exception specific to the disabled individual(s) and is not transferrable to a new property owner or other occupant. The City may, at any time, require removal or discontinuance of the accommodation when the disabled individual no longer occupies the property.

4.

If a reasonable accommodation request is approved (in whole or in part), the applicant shall, within 30 days, record a notice of the accommodation in the public records of Pinellas County. The notice shall, at a minimum, describe the specific accommodation granted, identify any improvements made pursuant to the accommodation, state that the accommodation is personal to the disabled individual and does not run with the land, and specify that future property owners may be required to remove or alter improvements made pursuant to the accommodation to comply with the current land development regulations of the City of St. Petersburg.

(Ord. No. 611-H, § 36, 7-10-2025)

A.

Application for exemption. If the POD denies a demolition permit for a SGPI:

1.

The applicant may apply for an exemption;

2.

Properties certified as potentially eligible for local landmark designation in accordance with section 16.30.070.2.11 of the City's Historic and Archaeological Preservation Overlay are ineligible for consideration and shall not be granted an exemption;

3.

The application for an exemption shall be filed in writing, with the City Clerk, not later than 5:00 p.m. on the tenth day after the decision is made.

B.

Standards for review. The POD shall exempt the applicant from the requirements for a demolition permit if after submission and review of a complete application which includes a detailed narrative substantiating one or more of the following criteria, the POD finds that the:

1.

Prohibition of demolition prevents the owner of the property from obtaining a reasonable return on income producing property; or

2.

Preservation of the structure substantially interferes with the use of the property; or

3.

The structure is not capable of conversion to a useful purpose without excessive costs and the cost of maintaining the structure without useful purpose would entail substantial expenditures; or

4.

The demolition is necessary to achieve the development, redevelopment, or other purposes of a community redevelopment plan or the comprehensive plan; or

5.

The existing building(s) does not possess features consistent with the design standards of the applicable zoning district.

C.

Procedures.

1.

Streamline approval. If the POD determines that the application is consistent with any of the above criteria, the POD shall approve the application with or without conditions. The POD shall provide written and posted notice prior to making the final decision.

2.

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the commission designated in the Decisions and Appeals Table whose decision shall be deemed the final decision of the City.

3.

a.

If the POD determines that the application requires review by the commission designated in the Decisions and Appeals Table because of new or unusual circumstances or that the application does not comply with all the submittal requirements, the POD shall send a report to the commission designated in the Decisions and Appeals Table recommending whether the application should be approved, approved with conditions or denied and the grounds for the recommendation.

b.

Upon receipt of the recommendation the Commission shall conduct a public hearing and shall approve, approve with conditions or deny the application.

(Ord. No. 1029-G, § 64, 9-8-2011; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 246-H, § 24, 10-20-2016)

A.

Applicability. Any person requesting a variance from the building design standards outlined in the individual zoning classifications shall apply to the POD.

B.

Application. An application for variance from the building design standards of any zoning district shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A written demonstration that the existing conditions and circumstances are such that the strict application of the provisions of the land development regulations would deprive the applicant of reasonable use of said land, building, or structure, equivalent to the use made of lands, buildings, or structures in the same district and permitted under the terms of this provision.

C.

Procedures.

1.

Administrative approval. Where unique conditions related to existing buildings or surrounding conditions preclude strict compliance with the building design standards, the POD may approve a variance to the standards.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall comply with the following factors:

1.

Where a design standard is related to a building or architectural element, the variance shall reinforce a unique condition of an identifiable architectural style lending to the design intent of that style;

2.

Standards of review required by the variances section.

E.

Appeal.

1.

For property located within the Downtown Center districts, decisions of the POD granting, granting with conditions, or denying variance may be appealed to the commission designated in the Decisions and Appeals Table.

2.

For property located outside of the Downtown Center districts, decisions of the POD granting, granting with conditions, or denying a variance may be appealed to the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.10; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 1029-G, § 57, 9-8-2011; Ord. No. 100-H, §§ 6, 9, 12-19-2013)

A.

Applicability. Any person requesting a variance from the general development standards for drainage and surface water management shall apply to the commission designated in the Decisions and Appeals Table.

B.

Application. An application for variance shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A stormwater plan, calculations and an explanation of the need for the variance.

C.

Procedures.

1.

Staff review and recommendation. Upon receipt of a variance application, the POD shall determine whether the application complies with all submittal requirements and standards for review.

a.

Streamline approval. If the POD determines that the application complies with all submittal requirements and standards for review, the POD may approve such application with or without conditions. The POD shall provide written and posted notice prior to making a final decision. The POD's final decision shall be in writing and shall state the reasons for such approval.

b.

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the commission designated in the Decisions and Appeals Table.

2.

Commission review and decision.

a.

Public hearing. If the POD determines that because of new or unusual circumstances the application requires review by the commission designated in the Decisions and Appeals Table or that the application does not comply with all submittal requirements and standards for review, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested site plan. After considering the application and evidence, the Commission may defer action for no more than 60 days to obtain additional information.

D.

Standards for review. For standards of review, see the drainage and surface water management section of the general development standards.

(Code 1992, § 16.70.040.1.11; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 5(16.70.040.1.11), 9-4-2008; Ord. No. 100-H, §§ 9, 10, 12-19-2013)

A.

Applicability. Any person requesting a variance from the general development standards for floodplain management shall apply to the Development Review Commission (DRC).

B.

Procedures.

1.

Staff review and recommendation. Upon receipt of the variance application, the POD shall determine whether the application conforms to all submittal requirements and all standards for review. The POD shall send a report to the Development Review Commission, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

2.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested variance. After considering the application and evidence, the Commission may defer action for no more than 60 days in order to obtain additional information.

C.

Standards for review. For standards of review, see the floodplain management section of the general development standards.

D.

Record keeping. The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

(Code 1992, § 16.70.040.1.12; Ord. No. 876-G, § 30, 2-21-2008)

A.

Applicability. Certain uses which were allowed under previous zoning ordinances are not permitted under these regulations. "Grandfathered uses" have a degree of compatibility that allows them to be reestablished or reinstated with certain safeguards and conditions. "Nonconforming uses" shall not be reestablished or reinstated.

B.

Application. An application for reinstatement of abandoned uses shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD. Floor plans shall include the dimensions and floor area in square feet of all rooms and units. Floor plans shall also include exterior window and interior and exterior door locations.

b.

If the proposed reinstatement requires modification to the minimum number of parking spaces or the parking layout, the site plan shall include required parking information.

c.

If the proposed reinstatement requires modification to the existing landscaping or installation of new landscaping, the site plan shall include required landscaping.

2.

Residential uses. Applications for reinstatement of residential uses shall include proposed floor and site plans, which shall comply with the following requirements:

a.

Provision on the required number of parking spaces.

b.

All dwelling units shall meet the minimum gross floor area size requirements in the standards for review.

c.

Landscaping shall comply with the requirements of the landscaping section.

d.

The structure shall comply with all City codes relating to fire, building construction standards and property maintenance.

3.

Nonresidential uses. Applications for reinstatement of nonresidential uses shall include proposed floor and site plans which shall comply with the following requirements:

a.

Provision on the site of the number of parking spaces required for that use by the Land Development Regulations.

b.

Landscaping shall comply with the requirements of the landscaping section.

c.

The structure shall comply with all City codes relating to fire, building construction standards and property maintenance.

4.

A financing plan which shall include cost estimates for renovations or construction, proposed methods or evidence of financing and a timetable for start and completion of the work.

C.

Reserved.

D.

Procedure.

1.

Staff review and recommendation. Upon receipt of a reinstatement application, the POD shall determine whether the application complies with all submittal requirements and all standards for review. As a condition of processing the application, the applicant shall allow fire, Florida Building Code, certificate of inspection and property maintenance inspections of the property prior to and upon completion of the work:

a.

Administrative approval. If the request is for reinstatement of abandoned residential units and the POD determines that the application complies with all submittal requirements and standards for review, the POD may administratively approve the application with or without conditions and without notice. The POD's final decision shall be in writing and shall state the reasons for such approval.

b.

Streamline approval. If the request is for reinstatement of abandoned residential units with one variance and the POD determines that the application complies with all submittal requirements and standards for review, the POD may streamline approve such application with or without conditions. The POD shall provide written and posted notice prior to making a final decision. The POD's final decision shall be in writing and shall state the reasons for such approval.

c.

Appeals. A decision of the POD to approve, approve with conditions or deny a reinstatement may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

2.

Commission review and decision.

a.

Public hearing. If the request is for reinstatement of abandoned residential units with more than one variance, or for reinstatement of an abandoned commercial use, or if the POD determines that the application requires review by the commission designated in the Decisions and Appeals Table because of new or unusual circumstances or that the application does not comply with all submittal requirements and standards for review, the POD shall send a report and recommendation to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission decision. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested reinstatement. After considering the application and evidence, the Commission may defer action for no more than 60 days in order to obtain additional information.

E.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision rendered under this section shall be guided by the following factors:

1.

The degree to which the property's proposed use and density is consistent with the City's Comprehensive Plan and the character of the density, lot sizes and building types within the surrounding blocks;

2.

The degree to which the property is currently or was at the time of construction in compliance with the use and density and intensity regulations of this chapter or then applicable zoning codes and Land Development Regulations;

3.

The degree to which the property is and has been in compliance with other City codes;

4.

The degree to which the property currently has or can provide adequate provisions for parking for the proposed number of units in accordance with the City's current codes and ordinances;

5.

The degree to which the property has an adverse impact on the neighborhood as a result of the use or number of residential units on the site in excess of that allowed under the current zoning designation, lack of needed on-site parking, substandard maintenance, or other similar factors related to the property;

6.

A structure containing previously grandfathered boarding or rooming units in a zoning district where such units are prohibited shall be converted to dwelling units. The conversion to dwelling units shall be based on the minimum gross floor area size requirements for one or more bedroom dwelling units as set forth in the Florida Building Code ;

7.

Except for efficiency/studio units, each residential unit shall have at least one bathroom, one bedroom, a kitchen and living room.

8.

Reinstatement of units or a use shall not exceed the previously existing legally grandfathered number of units or intensity of use.

F.

Decision. Decisions of the POD to approve, approve with conditions, or deny a reinstatement may be appealed to the commission designated in the Decisions and Appeals Table.

G.

Variances. An application to reinstate a grandfathered use made in conjunction with a request for a variance shall be reviewed by the commission designated in the Decisions and Appeals Table.

H.

Compliance, safety. By applying to the City for any approval under this section, the applicant shall be deemed to unequivocally consent to and agree not to contest any order to vacate occupied units immediately if the POD determines that conditions exist which constitute a threat to life or the health, safety and welfare of the occupants of the units.

(Code 1992, § 16.70.040.1.14; Ord. No. 892-G, § 5(16.70.040.1.14), 9-4-2008; Ord. No. 100-H, §§ 6, 7, 12-19-2013; Ord. No. 166-H, § 21, 5-21-2015; Ord. No. 287-H, § 30, 7-20-2017)

A.

Applicability. The commission designated in the Decisions and Appeals Table is authorized to approve redevelopment plans for the reconstruction of grandfathered uses which are destroyed or demolished and on property which was occupied by a grandfathered use.

B.

Application. An application for redevelopment of a grandfathered use shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property.

2.

The number of copies required shall be established by the POD.

a.

All site plans shall include information required by the POD.

(1)

Floor plans shall include the dimensions and floor area in square feet of all rooms and units.

(2)

In case of doubt, the POD may require a surveyor's certificate on location of the proposed structure relative to the lot lines involved.

b.

If the proposed redevelopment requests modification of the minimum number of parking or parking layout, the site plan shall include required parking information.

c.

If the proposed redevelopment requests modification of the existing landscaping or installation of new landscaping, the site plan shall include required landscaping information.

3.

Elevations depicting architectural details and materials for all sides of each structure.

C.

Conditions and requirements.

1.

Requirements. The POD shall not accept an application which does not meet the following requirements:

a.

If the grandfathered use has been abandoned, an application to reinstate the use shall be submitted with the application to approve the redevelopment plan;

b.

A redevelopment plan for a structure which had been destroyed (excluding voluntary demolition) shall be filed not more than one year from the event that caused the destruction of the structure (e.g., the date of the fire, hurricane, etc.);

c.

In cases involving voluntary demolition of a grandfathered use, a redevelopment plan shall be approved prior to the demolition. If a redevelopment plan is not approved prior to demolition, new development shall conform to the regulations for the district in which the property is located, except when the demolition involves a mobile home park and conversion to another residential use; in that situation, the redevelopment plan shall be submitted within one year of the effective date of the zoning allowing the new residential use. When the demolition is located in a local historic district where the predominant use within the district is single-family, there shall be no time limit on submittal of the redevelopment plan for a single-family use. The term "voluntary demolition" means any demolition which is not necessary because of damage to a structure as the result of an unforeseen event (fire, hurricane, etc.) and shall include structures subject to City-initiated demolition cases;

d.

Only property that has a grandfathered use shall be the subject of an application for a redevelopment plan. No property which does not have a grandfathered use may be included in an application for a redevelopment plan;

e.

Application for a redevelopment plan for residential use on more than one lot shall be accepted only if:

(1)

The lots are contiguous;

(2)

Each lot contained grandfathered residential units;

(3)

The number of residential units proposed for each lot will not exceed the number of grandfathered residential units for each lot.

2.

Residential uses. Applications for residential uses shall include proposed redevelopment plans which shall comply with the following requirements:

a.

Landscaping shall comply with the requirements of the landscaping section;

b.

New structures shall comply with all codes relating to fire building construction standards and property maintenance;

c.

New structures and additions shall comply with the design and dimensional requirements of the zoning district in which the property is located.

3.

Nonresidential uses. Applications for nonresidential uses shall include proposed redevelopment plans which shall comply with the following requirements:

a.

The number of on-site parking spaces required shall be based on the grandfathered use and shall be increased to meet the requirement for the additional square footage of any expansion or new construction;

b.

Landscaping shall comply with the landscaping requirements of the landscaping section;

c.

New structures shall comply with all City codes relating to fire building construction standards and property maintenance;

d.

New structures and additions shall comply with the design and dimensional requirements of the zoning district in which the property is located.

D.

Procedure.

1.

Administrative approval. If the request is for redevelopment of one accessory residential unit without variances and the POD determines that the application complies with all submittal requirements and standards for review, the POD may administratively approve such application with or without conditions. The POD's final decision shall be in writing and shall state the reasons for such approval.

2.

Staff review and recommendation. If the request is for redevelopment of more than one accessory residential unit or the request includes variances, after the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the ground for such recommendation.

3.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested redevelopment plan. After considering the application and evidence, the Commission may defer action for no more than 60 days in order to obtain additional information.

E.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision rendered under this section shall be guided by the following factors:

1.

Criteria. Redevelopment plans shall be reviewed for compliance with the criteria set forth in the following chart:

2.

Perimeter. Perimeter requirements shall not apply on portions of the property that abut or across the street from a nonresidential use or a water body greater than 150 feet wide.

3.

Floor area ratio bonus. FAR bonuses shall only be allowed for originally platted lots which have not been joined together. Structures on joined or combined lots (two or more originally platted lots) shall not be allowed FAR bonus and shall be developed following the development across multiple lots criteria indicated in the chart above.

a.

An FAR bonus of 0.10 shall be granted when structures are located in a traditional neighborhood context and designed in a traditional building style as defined by the City's neighborhood design review manual or the Land Development Regulations. To qualify for this FAR bonus, the structure shall use the correct proportions, fenestration patterns, details, and materials. Structures that use finishes common to an identified style without proper design, detailing, and fenestration shall not qualify for this FAR bonus.

b.

An FAR bonus of 0.05 shall be granted when structures are finished with decorative wall finishes typical of traditional development. This includes clapboard or single products of real wood, "Hardi-Plank" or the equivalent, rough textured or exposed aggregate stucco, tile, brick or stone. Vinyl or aluminum siding and smooth or knock-down stucco shall not qualify for this bonus.

(Code 1992, § 16.70.040.1.15; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 100-H, § 6, 12-19-2013; Ord. No. 287-H, § 31, 7-20-2017; Ord. No. 749-L, § 1, 12-16-2021)

A.

Purpose and intent: Transfer of development rights, environmental (TDR, E) for designated preservation districts is an economic development incentive to preserve environmentally sensitive lands within our community. The TDR program allows property owners of designated preservation districts to benefit from the development potential by allowing the sale of the development right.

B.

Applicability. A property within a preservation district that is preserved in its natural state and not developed, altered or improved shall be eligible to transfer density or intensity credits for dwelling units or FAR as allowed by this section. Transfer of development rights for designated preservation districts may only be transferred to abutting land in the same ownership or to property located within the Corridor Commercial Suburban-1 district.

C.

Application. An application shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

Certified survey;

2.

Mean high water survey, if applicable;

3.

Site plan showing the geographical boundaries and location of the preservation area from which development is to be transferred.

D.

Procedure. The procedure to designate and transfer TDR, E credits shall be as follows:

1.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

2.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested TDR, E credits.

a.

The Commission may grant TDR, E credits with the condition that the applicant guarantees the preservation of the preservation area in the manner designated by the POD. Such guarantee shall be by one of the following methods:

(1)

Conveying fee simple title to the City, with the approval of the City;

(2)

Execution and recordation of appropriate deed restrictions and covenants running with the land to provide for the preservation of the land as natural open space, which may not be amended or released without the consent of the City;

(3)

Execution and recordation of an appropriate easement or easements or a 99-year lease, with the approval of the City, granting the City the exclusive use of the land for the purposes consistent with preservation as natural open space, which may not be amended or released without the consent of the City;

(4)

Convey an interest (i.e., fee simple, lease, easement, etc.) to a county, state or federal government or other entity committed to the preservation of the land which interest and entity must be approved by the City.

b.

The qualifying area shall be a designated preservation district.

c.

Transfer of development rights may be approved prior to a receiver site being identified.

d.

All documents, including those evidencing all title transfers, covenants, deed restrictions, easements and leases shall be in a form acceptable to and approved by the City Attorney.

3.

Issuance of development rights certificate. Upon approval by the Commission and compliance with any requirements, conditions and restrictions that may have been imposed, development rights certificate indicating the number of units or amount of FAR shall be issued by the City. Once development rights certificate are issued, the property from which the credits transferred shall not be developed.

4.

Sale, transfer or conveyance of development rights credits. An owner of development rights, who is properly registered as an owner with the City and who wishes to use the credits to transfer density or intensity to a parcel of land, shall make an application for such transfer and use of development rights in accordance with the zoning district and other City ordinances.

The owner of the receiving parcel must have the approval of a site plan by the commission designated in the Decisions and Appeals Table before density or intensity credits may be used. Evidence of all sales shall be recorded with the clerk of the commission designated in the Decisions and Appeals Table.

E.

Calculating the transfer of development right potential. In reviewing the application for credits, the POD shall determine the amount of development potential existing on the site.

1.

On-site transfer of density credits. Transfer of density or intensity credits to abutting land shall be limited to one dwelling unit per acre or up to the square footage available at 0.05 FAR of the preservation district.

2.

Off-site transfer of density credits. An owner of a preservation area may transfer up to one dwelling unit per acre of density or up to the square footage available at 0.05 FAR of the preservation district.

F.

Standards for review.

1.

When density or intensity credits from a preservation district are transferred, the preservation district may be used to meet open green space requirements of the abutting development provided that the development is in the same ownership or control and is an integral part of the development;

2.

The density or intensity credit transferable from a preservation district shall not be calculated from any portion of the preservation district in a right-of-way or of that area used to meet minimum lot area requirements. No density or intensity credit shall be transferred from or to any property where development is prohibited by state or federal regulations, or where the property is below the mean high water line, including submerged lands;

3.

The density or intensity of any parcel of land to which density or intensity is transferred (receiving parcel) shall not exceed the maximum density or intensity permitted by the zoning district of the receiving parcel;

4.

If the maximum allowed density or intensity credits are transferred from a parcel, no additional density or intensity credits shall be transferred from that parcel.

G.

Expiration. Development rights certificates do not expire. They may be sold immediately or can be retained for future sale. Sales of some credits can be made. It is not necessary to sell all rights to one entity.

H.

Record keeping. A registry of development rights certificates shall be kept by the clerk of the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.040.1.16; Ord. No. 100-H, § 9, 12-19-2013)

A.

Purpose and intent. Transfer of development rights, historic (TDR, H) for local landmarks is an economic development incentive intended to help preserve historically significant buildings within our community. The City recognizes that local landmarks exist on sites which have potential for larger development to occur. For this reason these buildings are under constant threat of being demolished and replaced with larger structures. The TDR program allows local landmark owners to benefit from the development potential by allowing the sale of the development rights with the condition that the local landmark be restored and retained. The TDR program is not applicable to contributing or non-contributing properties in a historic district, except for those contributing properties in historic districts which lie wholly within the Downtown Center zoning districts as defined by the City's Land Development Regulations.

B.

Applicability. Transfers of development rights, historic, are allowed from any individually designated local landmark as part of an overall plan to preserve the historic resource but may not be transferred from any property (other than a local landmark) in a historic district or a hexagon preservation district. TDR, H credits may only be transferred to property located within the DC (downtown center) and CCS (corridor commercial suburban) districts. TDR, H credits may not be transferred from any government owned property.

C.

Application. An application to establish, or transfer, development rights from a local landmark shall include the information the POD generally requires for a planning and zoning decision and shall include a current title commitment, ownership and encumbrance report, or other sufficient evidence, acceptable to the POD, of all persons with a property interest (e.g., mortgagor, lienholder, joint owner, etc.) in the property. The establishment and transfer of TDR, H credits may occur at separate times, but each action shall be required to be approved following this procedure.

D.

Procedure. The procedure to establish and transfer TDR, H credits shall be as follows:

1.

The POD shall approve, approve with conditions or deny the requested credits based on compliance with this section.

2.

Reserved.

3.

Applications for local landmark historic designation and TDR, H credits may be processed simultaneously; however, no TDR, H credits shall be issued until the property is historically designated.

4.

Issuance of TDR, H credits certificate. Upon approval by the POD, a TDR, H credits certificate indicating the approved number of units or amount of FAR shall be issued by the POD. Once TDR, H credits are established, the local landmark from which the credits are established shall not be developed or the structure expanded except as allowed in this section.

5.

Sale, transfer or conveyance of development credits.

a.

An owner of TDR, H credits who is properly registered as an owner with the City and who wishes to use the credits to transfer density or intensity to a parcel of land shall apply for such transfer and use of development rights in accordance with the zoning district and other city codes.

b.

The POD, may require a release, or other documentation determined to be sufficient by the POD, from any person with a property interest in the local landmark.

c.

The owner of the receiving site must have the approval of a site plan for the parcel before credits may be transferred to the receiving site. Evidence of all sales shall be recorded with the POD.

E.

Calculating the amount of TDR, H credits. In reviewing the application for TDR, H credits, the POD shall determine the amount of development potential existing on the site.

1.

For a local landmark, the amount of transferable floor area will be determined by subtracting the gross floor area of the entire local landmark from the maximum buildable square footage. Only existing floor area shall be eligible for calculating the amount of TDR, H credits.

2.

The term "maximum buildable square footage," in the DC zoning districts, shall be the base density and shall not include any bonus FAR. A local landmark which has received a COA for a partial demolition, the amount of transferable floor area shall be determined by subtracting the remaining gross floor area of the local landmark from the maximum buildable square footage.

3.

TDR, H credits shall not be approved if there are outstanding code violations for which the owner has received written notice.

F.

Protective covenant, releases and other requirements.

1.

At the time of transfer, the owner shall execute and record a declaration of covenants and restrictions, or a similar instrument acceptable and approved by the City Attorney, that:

a.

Restricts the development potential on the property to the size of the local landmark and any development rights not established or transferred; and

b.

Runs with the land, binding the property owner and all future owners.

2.

If the local landmark is removed, any new development on the property may only be constructed up to the size of the local landmark and any TDR, H credits not transferred.

3.

If the allowable density or intensity of the site increases (e.g., change in zoning or development rights established by code), any additional development rights may be used on site, or additional TDR, H credits may be created by applying as provided in this section.

G.

Expiration and cancellation. TDR, H credit certificates do not expire and may be sold immediately or retained for future sale. Sales of some credits are allowed and owners are not required to sell all rights to one entity. Unused TDR, H credits may be cancelled and the development rights returned to the local landmark by following the procedures for the establishment of the credits.

H.

Reserved.

I.

Appeals. Decisions of the POD may be appealed to the commission designated in the Decisions and Appeals Table and decisions of the commission designated in the Decisions and Appeals Table may be appealed to the City Council.

J.

Record keeping. A registry of TDR, H credit certificates shall be kept by the POD.

(Code 1992, § 16.70.040.1.17; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 959-G, § 1, 12-3-2009; Ord. No. 100-H, § 6, 12-19-2013; Ord. No. 131-H, § 13, 12-18-2014; Ord. No. 157-H, § 5, 9-17-2015)

A.

Applicability. Certain zoning districts allow for additional density or FAR intensity if it is dedicated to workforce housing as set forth in the City's workforce housing bonus density program.

B.

Application. An application for bonus density or intensity shall include the information that the POD may generally require for a planning and zoning decision application, any information required by the City's workforce housing bonus density program, and any other information required by the POD.

C.

Procedure.

1.

Staff review and recommendation. Upon receipt of the application, the POD shall determine whether the application conforms to all submittal requirements. The following procedures shall not exempt any applicant from complying with any other approval process.

a.

POD approval. If the POD determines that the application complies with all submittal requirements, the POD may approve such application with or without conditions.

b.

Reserved.

c.

Public hearing. If the POD determines that the application does not comply with all submittal requirements, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

d.

Appeals. A decision of the POD to approve with conditions or deny a workforce housing bonus may be appealed by the applicant to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

2.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the request if the application meets the criteria for approval of a site plan. After considering the application and evidence, the Commission may defer action for no more than 60 days in order to obtain additional information.

(Code 1992, § 16.70.040.1.18; Ord. No. 893-G, § 32, 9-4-2008; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 350-H, § 1, 11-15-2018)

A.

Applicability. Certain zoning districts allow for a 100 percent FAR (intensity) bonus for manufacturing, office and research & development uses on parcels designated as Target Employment Center (TEC) Overlay on the future land use map.

B.

Application. An application for bonus FAR (intensity) shall include the information that the POD may generally require for a planning and zoning decision application, and any other information the POD may deem appropriate.

C.

Procedure.

1.

Staff review and recommendation. Upon receipt of the application, the POD shall determine whether the application conforms to all submittal requirements. The following procedures shall not exempt any applicant from complying with any other approval process.

a)

POD approval. If the POD determines that the application complies with all submittal requirements and requests approval of 25 percent or less of the FAR bonus, the POD may approve such application with or without conditions.

b)

Streamline approval. If the POD determines that the application complies with all submittal requirements and requests approval of more than 25 percent of the FAR bonus, the POD shall provide written and posted notice prior to making a final decision. The POD's decision shall be in writing and state the reasons for such approval.

c)

Appeals. A decision of the POD to approve, approve with conditions or deny an application may be appealed to the commission designated in the Decisions and Appeals Table whose decision shall be deemed the final decision of the City.

2.

If the POD determines that the application requires review by the commission designated in the Decisions and Appeals Table because of new or unusual circumstances or that the application does not comply with all the submittal requirements, the POD shall send a report to the commission designated in the Decisions and Appeals Table recommending whether the application should be approved, approved with conditions or denied and the grounds for the recommendation. Upon receipt of the recommendation the Commission shall conduct a public hearing and shall approve, approve with conditions or deny the application.

(Ord. No. 246-H, § 25, 10-20-2016)

A.

Application and fee.

1.

Applications for subdivision decisions shall be submitted in a form promulgated by the POD. The information provided on the form shall be supplemented by the information outlined below for the type of subdivision decision sought.

2.

The application shall be accompanied by a fee in the amount required by the City Council.

B.

Initiation. Applications for subdivision decisions may be initiated by the property owner. A duly authorized agent of the property owner may file an application on behalf of a property owner. An application may require the joinder of other affected property owners as described below.

C.

Procedure.

1.

An application for a subdivision decision shall be reviewed by the POD, who shall determine whether the application is complete and complies with all applicable requirements of the Comprehensive Plan, the Land Development Regulations, the Code, State law, and any conditions and restrictions that may have been imposed by a commission or the City Council. The Land Development Regulations may impose additional requirements, conditions and restrictions, and may authorize the POD to impose special requirements, conditions and restrictions, for specific types of subdivision applications. The POD may decline to process an application which is incomplete.

2.

If the POD determines that the application is complete and complies with all applicable requirements, conditions and restrictions, the POD shall take such action as is described herein for the type of decision sought.

D.

Standards for review. In reviewing the application for a subdivision decision, the POD, commission or the City Council shall consider whether the application is consistent with and furthers the purpose of the Land Development Regulations and other City ordinances and actions designed to implement the Comprehensive Plan.

(Code 1992, § 16.70.050.1; Ord. No. 892-G, § 6(16.70.050.1), 9-4-2008)

A.

Applicability. Applications to vacate public rights-of-way, easements, and air and subsurface rights shall follow the procedures as provided in this subsection.

B.

Initiation. An application may be initiated by the property owners representing at least 51 percent of the linear frontage of the right-of-way, easement, or ground area below or above the air or subsurface rights proposed for vacation. The City Council may also initiate a right-of-way, easement or air or subsurface rights vacation on its own initiative (currently City Council Resolution 2007-202 sets forth nonbinding guidance for this action) and without letters of consent from abutting owners.

C.

Application. An application shall include the following information in addition to the information that the POD may generally require for a vacation application:

1.

Signed letters of consent from the property owners representing at least 51 percent of the linear frontage of the right-of-way, easement, or ground area below or above the air or subsurface rights proposed for vacation. Once a complete application is filed, a revocation of a letter of consent by a property owner shall not stop the process but may be considered by the Commission and City Council.

D.

Procedure.

1.

Public rights-of-way.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

b.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application. The Commission shall make a recommendation to the City Council regarding the application. The recommendation shall be based upon the matters identified for consideration and may include any proposed modifications or conditions to the requested vacation.

c.

City Council review and decision. Upon receipt of the recommendation from the Commission, the City Council shall conduct a public hearing on the application and shall approve, approve with conditions, or deny the requested vacation. The City Council shall act by ordinance. The City Council may vote to deny a request at the time the first reading of the ordinance is conducted and, if denied, the City Council shall not be required to hold a second reading or a public hearing.

2.

Easements.

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the Mayor or City Administrator, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied, and the grounds for such recommendation.

b.

Approval. Easement vacations shall not be effective until approved in writing by the Mayor or City Administrator and recorded in the public records of the county.

3.

Air and subsurface rights.

a.

Applications for vacation of air or subsurface rights over or under rights-of-way shall follow the procedures for vacation of rights-of-way.

b.

Applications for vacation of air or subsurface rights over or under easements shall follow the procedures for vacation of easements.

E.

Matters for consideration. For matters identified for consideration, see the subdivisions section of the general development standards.

F.

Expiration. Approval of right-of-way vacations shall lapse and become void unless the vacation ordinance is recorded by the City Clerk in the public records within 24 months from the date of such approval or unless an extension of time is granted by the commission designated in the Decisions and Appeals Table or, if appealed, by the City Council prior to the expiration thereof. Each extension shall be for a period of time not to exceed one year. The vacation ordinance shall be recorded after any conditions precedent have been compiled with.

(Code 1992, § 16.70.050.1.1; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.1), 9-4-2008; Ord. No. 985-G, §§ 116—119, 7-15-2010; Ord. No. 1029-G, § 58, 9-8-2011; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. Any application to re-orient two or more abutting platted lots that are situated on a street intersection, in order to change the location of the legal front yard, shall follow the procedures as provided in this subsection.

B.

Application. An application for lot refacing shall include the following information in addition to the information that the POD may generally require for a vacation application:

1.

A site plan drawn to scale showing the location and dimensions of current and proposed lot lines, and the new legal descriptions.

a.

If any structures exist on the property to be adjusted, a survey showing the location of such structures.

b.

The POD may require a surveyor's certificate identifying the location of the existing and proposed structures relative to the lot lines.

2.

Reason for application.

3.

If there will be separate ownership of the property, a copy of the contract by which such transfer of ownership will occur. The refacing shall not be effective until the ownership transfer is recorded and a copy thereof provided to the POD.

4.

Evidence that notice of the application and request for a letter of consent were served upon the abutting property owners, and all signed letters of consent or opposition received from abutting property owners.

5.

If a variance request is included with the lot refacing application, a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Procedure. An application for lot refacing for which no variance is required shall be reviewed and may be approved, approved with conditions or denied by the POD. Applications for a lot refacing requiring a variance shall be reviewed and may be approved, approved with conditions, or denied by the commission designated in the Decisions and Appeals Table.

D.

Standards for review. For standards of review, see the subdivisions section.

E.

Appeal. Decisions of the POD approving, approving with conditions, or denying a lot refacing application without a variance may be appealed to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City. A decision of the commission designated in the Decisions and Appeals Table on an application for a lot refacing for which a variance is required shall be deemed the final decision of the City.

(Code 1992, § 16.70.050.1.2; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.2), 9-4-2008; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. Any application to adjust the lot line between two or more abutting platted lots or to split a lot shall follow the procedures as provided in this subsection.

B.

Application. An application for lot line adjustment or lot split shall include the following information in addition to the information that the POD may generally require for a lot line adjustment or lot split application:

1.

A site plan drawn to scale showing the location and dimensions of current and proposed lot lines, and the new legal descriptions.

a.

If any structures exist on the property to be adjusted, a survey showing the location of such structures.

b.

The POD may require a surveyor's certificate identifying the location of the existing and proposed structures relative to the lot lines.

2.

Reason for application.

3.

If a variance request is included with the lot line adjustment or lot split application, a written demonstration that the existing conditions and circumstances are such that strict application of the provisions of the Land Development Regulations would deprive the applicant of reasonable use of said land, building or structure, equivalent to the use made of lands, buildings, or structures in the same district, and that the peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Procedure. An application for lot line adjustment or lot split for which no variance is required shall be reviewed and approved, approved with conditions or denied by the POD. Applications for a lot line adjustment or lot split requiring a variance shall be reviewed and may be approved, approved with conditions, or denied by the Commission designated in the Decisions and Appeals Table.

D.

Standards for review. For standards of review, see the subdivisions section of the general development standards.

E.

Appeal. Decisions of the POD approving, approving with conditions or denying a lot line adjustment or lot split without a variance may be appealed, only by the property owner, to the Commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City. A decision of the Commission designated in the Decisions and Appeals Table on an application for lot line adjustment or lot split for which a variance is required shall be deemed the final decision of the City.

(Code 1992, § 16.70.050.1.3; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.3), 9-4-2008; Ord. No. 100-H, § 9, 12-19-2013; Ord. No. 203-H, § 22, 11-23-2015)

A.

Applicability. Any application for a street name change shall follow the procedures as provided in this subsection.

B.

Initiation. An application for a street name change may be initiated by property owners representing at least 51 percent of the linear frontage of the street right-of-way proposed for renaming. The City Council may also initiate a street name change on its own initiative and without letters of consent from abutting owners.

C.

Application. An application for street name change shall include the following information in addition to the information that the POD may generally require for a street name change application:

1.

Signed letters of consent from property owners representing at least 51 percent of the linear frontage of the street right-of-way proposed for renaming.

2.

Any request to name a street for a person shall include a biography and explanation of the person's importance or relevance to the street.

3.

Any request for any other street name shall include information and an explanation of the importance or relevance of the proposed name to the street.

D.

Procedure.

1.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

2.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application. The Commission shall make a recommendation to the City Council regarding the application. The recommendation shall be based upon the standards for review and may include any proposed modifications.

3.

City council review and decision. Upon receipt of the recommendation from the commission designated in the Decisions and Appeals Table, the City Council shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested street name change.

E.

Standards for review. For standards of review, see the subdivisions section.

F.

Successive applications. If an application for a street name change is denied by the City Council, the POD shall not accept an application for substantially the same proposed name for substantially the same street for five years from the date of the City Council decision.

(Code 1992, § 16.70.050.1.4; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.4), 9-4-2008; Ord. No. 100-H, § 6, 12-19-2013)

A.

Applicability. Any application to temporarily close a street shall follow the procedures as provided in this section:

1.

A temporary closing shall mean a closing for up to 365 days.

2.

A closing shall mean a complete or partial physical impairment or prohibition of vehicular access to a street or alley, but shall not include a street or alley vacation and shall not include impairment or prohibition of vehicular or alley access authorized by the City for construction purposes, necessitated by public emergency and at the instance of the City, authorized by a fire or police official acting in the course of his official duties, in accordance with a race permit issued under F.S. ch. 549, or in connection with a film production if authorized by the POD, all of which are exempt from the process for a street closing. Both pedestrian and vehicle access shall not be prohibited at the same time unless it is necessary to achieve the purposes of the closing (e.g., emergencies, race permits, filming).

B.

Initiation. An application for temporary closing of seven days or less may be initiated by anyone. An application for temporary closing of more than seven days may be initiated by the POD, property owners representing at least 51 percent of the linear frontage of the subject street proposed for temporary closing. An application for CPTED plan closing may only be initiated by the POD. The City Council may also initiate a temporary closing without application from any person and without signature from abutting property owners.

C.

Application. An application for temporary street closing shall include the following information in addition to the information that the POD may generally require for a temporary street closing application:

1.

Signed letters of consent from the property owners representing at least 51 percent of the linear frontage of the subject street proposed for temporary closing.

2.

For a CPTED plan closing, the specific locations of each street that will be closed and the locations where the barriers will be placed shall be identified.

D.

Procedure.

1.

Temporary closing of seven days or less.

a.

Staff review and decision. If the POD determines that the application complies with all standards for review, the POD shall approve such application with or without conditions. If the POD determines that the application does not comply, the POD shall identify the reasons and deny the application.

2.

Temporary closing greater than seven days (not including a CPTED plan closing).

a.

Staff review and recommendation. After the POD has reviewed the application, the POD shall send a report to the commission designated in the Decisions and Appeals Table, with a copy to the applicant, if any, recommending whether the application should be approved, approved with conditions or denied and the grounds for such recommendation.

b.

Commission review. Upon receipt of the recommendation from the POD, the Commission shall conduct a public hearing on the application and shall approve, approve with conditions or deny the requested temporary closing.

3.

CPTED plan closing.

a.

Notification. Where a CPTED plan provides for temporary right-of-way closings, the POD shall notify all residents and property owners within the area identified in the CPTED plan of the adoption of the plan and that implementation of the plan will involve temporary right-of-way closings in their area.

b.

Staff review and decision. If the POD determines that the application complies with all standards for review, the POD shall approve such application with or without conditions. If the POD determines that the application does not comply, the POD shall identify the application's deficiencies and deny the application or defer a decision until the deficiencies have been corrected.

4.

The POD shall notify the Pinellas Suncoast Transit Authority, the Pinellas County School Board and the county of temporary closings.

E.

Standards for review. For standards of review, see the subdivision section.

F.

Expiration. The temporary closures shall not exceed one year from the date of approval. The temporary closures portion of a CPTED plan shall not exceed six months. The temporary closures portion of a CPTED plan may be renewed for an additional term not to exceed six months by adopting a new or amended CPTED plan providing for additional temporary street closings following the procedures set forth herein.

G.

Appeal. Decisions of the POD approving, approving with conditions or denying a temporary street closing may be appealed to the commission designated in the Decisions and Appeals Table. The decision of the Commission on an application for a closing for seven days or less shall be deemed the final decision of the City. The decision of the Commission on an application for a temporary closing for more than seven days may be appealed to the City Council.

(Code 1992, § 16.70.050.1.5; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 6(16.70.050.1.5), 9-4-2008; Ord. No. 985-G, §§ 120, 121, 7-15-2010; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. Any application to permanently close a street to vehicular access shall follow the procedures as provided in this section. For the purposes of this section: a permanent closing shall mean a closing for 366 days or more. A street closing shall not constitute a vacation and shall not be construed to constitute abandonment by the City of any of its interest in the right-of-way or any easements contained therein.

B.

Procedure. See applications and procedures for vacating public rights-of-way.

C.

Standards for review. For standards of review, see the subdivision section.

D.

Expiration. Approval of a permanent street closing shall expire and be null and void unless all conditions established in the approval are met within 18 months from the date of approval or unless an extension of time is applied for and approved by the commission designated in the Decisions and Appeals Table. If the Commission approves an extension of time, approval of the street closing shall expire unless all conditions of the approval and any conditions of the extension are met during the extended time. Each request for an extension shall be for a period not to exceed one year.

E.

Appeal. Decisions of the commission designated in the Decisions and Appeals Table may be appealed to the City Council.

(Code 1992, § 16.70.050.1.6; Ord. No. 876-G, § 30, 2-21-2008; Ord. No. 892-G, § 16.70.050.1.6, 9-4-2008; Ord. No. 985-G, §§ 122—124, 7-15-2010; Ord. No. 100-H, § 9, 12-19-2013)

A.

Applicability. A preliminary plat begins the platting process. Approval of a preliminary plat does not authorize subdivision of land.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a preliminary plat application:

1.

A 24-inch × 36-inch black line print of the subject property prepared by a registered surveyor at a scale of not less than 100 feet to the inch, meeting all the requirements of this chapter. The preliminary plat shall include the following information:

a.

The subdivision title, date, north point, scale and a brief description, including township and range. The title shall as nearly as possible identify the area of the City in which the proposed subdivision is located;

b.

The name and the address of the owner and the surveyor; if the property is owned by a corporation or company, the name and address of its president or other responsible party shall be given;

c.

The boundaries and dimensions of the tract to be subdivided;

d.

Wooded areas, marshes, preservation areas and other conditions affecting the site;

e.

The location of existing and proposed property lines, streets, watercourses, railroads, bridges, power transmission and distribution lines, sewer, gas and water mains, culverts and drainpipes, City limits and any public utility easements on the land to be subdivided; the location of all structures on the land to be subdivided; and the exact location of the intersections of all adjacent streets within the boundary of the proposed plat;

f.

The names of the adjoining subdivisions;

g.

The locations, dimensions and purposes of proposed rights-of-way, easements and waterways; street names; and pavement widths when unusual intersections occur or medians or planter islands are proposed or when paving width in excess of 24 feet is required;

h.

The proposed lot lines, lot and block numbers, and approximate dimensions;

i.

The approximate radii of all curves;

j.

On acreage or fill areas, a tie to the nearest section corner, quarter section or other known point;

k.

When topography controls the street and lot layout, approximate contours with a vertical interval of not more than one foot referred to City datum;

l.

Existing and proposed parks, school sites or other public open spaces on the plat;

m.

Plat language, when required in conjunction with special developments or conditions.

C.

Procedure.

1.

Upon receipt of the preliminary plat, the POD shall determine whether the application complies with all applicable requirements contained in the Land Development Regulations, Florida Statutes and any conditions imposed by any Commission or City Council. If the POD determines that the preliminary plat application complies and that approval of the application requires no variance from any applicable requirement, the preliminary plat application shall be approved.

If the POD determines that the application does not comply, the POD shall identify the application's deficiencies and shall either deny the application or, if the applicant applies for a variance, withhold approval pending approval of the variance.

2.

No improvements shall be made in the subdivision on the basis of an approved preliminary plat.

3.

Concurrent submission of preliminary and final plats. An applicant may submit both a preliminary and final plat at the same time. Preliminary and final plats submitted concurrently shall follow the procedures for adoption of a final plat except that the applicant shall pay the filing fee for both a preliminary and final plat established by City Council. Preliminary and final plats submitted concurrently shall meet all the form and content requirements for filing both preliminary and final plats.

D.

Expiration. The approval of the preliminary plat shall expire unless a final plat based thereon is submitted within 18 months from the date of such approval or unless an extension of time is applied for and granted by the POD prior to expiration thereof. Each extension shall be for a period of time not to exceed one year.

E.

Appeal. Decisions of the POD approving, approving with conditions or denying a preliminary plat may be appealed to the commission designated in the Decisions and Appeals Table, whose decision may be appealed to the City Council.

F.

Variances. Requests for variances shall be reviewed by the commission designated in the Decisions and Appeals Table.

(Code 1992, § 16.70.050.1.7; Ord. No. 892-G, § 6(16.70.050.1.7), 9-4-2008; Ord. No. 81-H, §§ 11, 12, 9-19-2013; Ord. No. 100-H, §§ 9, 23, 12-19-2013; Ord. No. 166-H, § 22, 5-21-2015)

A.

Applicability. A final plat shall be required prior to the subdivision of land as otherwise required by this chapter.

B.

Application. An application shall include the following information in addition to the information that the POD may generally require for a final plat application:

1.

The number of copies required shall be established by the POD.

a.

All land within the boundaries of the plat shall be accounted for by blocks and lots, out-lots, parks, streets, and alleys. No parcel of land shall be reserved by the owner when recording a subdivision unless the parcel meets the minimum lot requirements of the Land Development Regulations.

2.

The final plat shall be prepared in the manner prescribed by law and include any conditions as required by the POD, any Commission, or City Council in conjunction with preliminary plat approval.

C.

Procedure.

1.

Upon identifying the method of guaranteeing installation of required improvements and determining that all requirements have been met, the POD may recommend approval of the mylar tracing of the plat, subject to approval by the City Council and the Mayor. The POD may deny approval of a final plat which does not comply with the Land Development Regulations or conditions applicable to plat approval or for other good cause.

2.

Following a recommendation of approval of a final plat by the POD, the plat shall be transmitted to the City Council. Following approval by the City Council and receipt of the required guarantee of installation of required improvements as set forth in this chapter, the Mayor and council chair shall sign the plat. No changes shall be made to the plat after City Council has approved the plat.

3.

Forms for final certification shall be as follows:

a.

A notarized certification of ownership and dedication properly completed and signed. The certification shall include the signatures of all lienholders thereby consenting to the platting and dedication. If the owner or lienholder consists of a corporation, the signatures of the president or other responsible officer and the secretary shall be required, together with the corporate seal. If necessary, the consent of the lienholders may be provided as a certified document of "consent to plat" that is applicable to the City and the clerk of the circuit court of the county.

b.

A surveyor's certificate properly completed and signed.

c.

A form for the endorsement of the Mayor or City Administrator which shall contain a provision that the approval is conditioned upon the plat being recorded in the public records of the county within six months from the date of the approval. The form shall read substantially as follows:

Approved for the City of St. Petersburg, Pinellas County, Florida, this ________ day of ________ A.D. 20___; provided that the plat is recorded in the public records of Pinellas County, Florida, within six (6) months from the date of this approval.

___________.

Mayor

d.

A form for the endorsement of the City Council which shall read substantially as follows:

Approved by the City Council of the City of St. Petersburg, Pinellas County, Florida, this ________ day of _______ A.D. 20___.

___________.

Council Chair

D.

Expiration. All conditions of the final plat shall be met and the final plat shall be recorded within six months of approval by the Mayor or City Administrator, or the approval of the plat shall lapse. The plat shall be submitted to the POD as a new application if it has lapsed.

E.

Appeal. Recommendations of approval of a final plat, with or without conditions, by the POD shall not be subject to appeal. A denial of a final plat may be appealed directly to the City Council. The decision of the City Council approving, denying or imposing conditions upon approval of a final plat may be subject to judicial review in the manner provided by law.

F.

Record keeping.

1.

It shall be the responsibility of the applicant to convey the approved linen to the clerk of the circuit court of the county where processing for final recordation shall be accomplished.

2.

Upon recordation of the final plat, the applicant shall provide a signed and executed copy of the final plat to the POD.

(Code 1992, § 16.70.050.1.8; Ord. No. 892-G, § 6(16.70.050.1.8), 9-4-2008; Ord. No. 81-H, §§ 13, 14, 9-19-2013)

A.

Applicability. Designation of local landmarks and local historic districts shall be reviewed by the commission designated in section 16.70.15.

B.

Application. Applications for designation of property shall be submitted in a form promulgated by the POD.

C.

Procedures. Applications for designation of property shall be processed in accordance with the historic and archaeological preservation overlay section.

(Code 1992, § 16.70.060.2; Ord. No. 100-H, § 6, 12-19-2013; Ord. No. 157-H, § 4, 9-17-2015)

Editor's note— Ord. No. 100-H, § 25, adopted Dec. 19, 2013, repealed the former § 16.70.060.1 which pertained to design review and derived from § 16.70.060.1 of the 1992 Code and Ord. No. 892-G, § 7(16.70.060.1), adopted Sept. 4, 2008. Ord. No. Ord. No. 157-H, § 4, adopted Sept. 17, 2015, renumbered the former §§ 16.70.060.2—16.70.060.4 as §§ 16.70.060.1—16.70.060.3 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

Applicability. No person may undertake certain work, identified in the historic and archaeological preservation overlay section, without having first obtained a certificate of appropriateness.

B.

Application. Applications for a certificate of appropriateness shall be submitted in a form promulgated by the POD.

C.

Procedures. Applications for certificate of appropriateness shall be processed in accordance with the historic and archaeological preservation overlay section.

(Code 1992, § 16.70.060.3; Ord. No. 157-H, § 4, 9-17-2015)

Note— See the editor's note to § 16.70.060.1.

A.

Applicability. Ad valorem tax exemptions for qualifying historic properties may be granted for qualifying improvements.

B.

Application. Applications for ad valorem tax exemption shall be submitted in a form promulgated by the POD.

C.

Procedures. Applications for ad valorem tax exemption shall be processed in accordance with the historical and archaeological preservation overlay section.

(Code 1992, § 16.70.060.4; Ord. No. 157-H, § 4, 9-17-2015)

Note— See the editor's note to § 16.70.060.1.

A.

Application and fee.

1.

Applications for supplemental procedures shall be submitted in a form promulgated by the POD.

2.

The application shall be accompanied by a fee in the amount required by the City Council.

B.

Initiation. Applications for supplemental procedures may be initiated by the property owner. A duly authorized agent may file an application on behalf of a property owner. An application for supplemental procedure shall be supplemented by the information outlined below for the type of supplemental procedure sought.

(Code 1992, § 16.70.070.1)

A.

Applicability. A property card interpretation (PCI) will identify lawful uses of property.

B.

Initiation. An application may be initiated by the property owner. The POD may initiate a PCI on his own initiative.

C.

Application. Except for applications initiated by the POD, an application for a PCI shall be accompanied by a fee in an amount that may be determined by the City Council, and shall include the following information in addition to the information that the POD may generally require for a supplemental procedures application:

1.

A site plan of the subject property to include information required by the POD. The number of copies required shall be established by the POD.

2.

A floor plan for each dwelling or rooming unit.

D.

Procedure.

1.

After the POD has reviewed the application, the POD shall prepare a report setting forth the zoning and use information and other information applicable to the property.

a.

A PCI shall set forth, but may not necessarily be limited to, the following: the legal number of dwelling units; the legal standing of property use or uses; whether dwelling units or uses are grandfathered, noncontiguous, or abandoned the legal standing of site and building improvements; and findings of abandonment of uses or units.

b.

The PCI shall be issued within 90 days of receipt of the application and fee, if required, and shall be delivered by mail or hand delivery to the property owner. If mailed, the PCI and copies shall be deemed delivered on the third business day after mailing. The POD shall retain a copy.

E.

Reconsideration and appeal.

1.

Any request to reconsider a PCI shall be filed with the POD within 15 days following delivery of the PCI to the owner. Filing a timely request for reconsideration shall toll the time for appeal. A request for reconsideration shall be accompanied by any new evidence or argument which may alter the findings in the PCI. The POD shall reconsider the PCI and shall issue either a revised PCI or a written denial of the request. If a revised PCI is issued, the time to appeal the revised PCI shall commence from the date the revised PCI is delivered to the owner. If the request is denied, the time to appeal the PCI shall expire ten days after the denial of the request is delivered to the owner.

2.

A PCI may be appealed by the property owner to the commission designated in the Decisions and Appeals Table, whose decision shall be deemed the final decision of the City.

(Code 1992, § 16.70.070.1.1; Ord. No. 892-G, § 8(916.70.070.1.10), 9-4-2008; Ord. No. 1029-G, § 59, 9-8-2011; Ord. No. 100-H, § 6, 12-19-2013)

A.

Applicability. A zoning letter will identify the legal zoning classification for the requested property; a rebuild letter will identify the rebuildable status of any building or structures that exist on the property; and a buildable lot letter will identify the buildable status of any platted lot or parcel and may include any zoning information, as requested by the applicant.

B.

Initiation. An application may be initiated by the property owner. The POD may initiate a PCI on his own initiative.

C.

Application. Except for applications initiated by the POD, an application for a zoning letter, rebuild letter, or buildable lot letter shall be accompanied by a fee in an amount that may be determined by the City Council. An application shall include the following information in addition to the information that the POD may generally require for a supplemental procedures application:

1.

Identification of the interpretation requested such as zoning classification, rebuild status, or buildable lot status.

D.

Procedure. After the POD has reviewed the application, the POD shall prepare a report setting forth the zoning and use information, rebuild or buildable status and other zoning information as requested by the applicant.

E.

Reconsideration and appeal. A zoning letter, rebuild letter, or buildable lot letter shall be subject to reconsideration and appeal in the same manner as a property card interpretation. The decision of the commission designated in the Decisions and Appeals Table in an appeal shall be deemed the final decision of the City.

(Code 1992, § 16.70.070.1.2; Ord. No. 892-G, § 8(16.70.070.1.2), 9-4-2008; Ord. No. 100-H, § 6, 12-19-2013)

A.

Applicability. Any person requesting a sidewalk payment in lieu shall apply to the POD.

B.

Application. An application for a sidewalk payment in lieu shall include the following information in addition to the information that the POD may generally require for a planning and zoning decision application:

1.

A site plan of the subject property. The number of copies required shall be established by the POD:

a.

All site plans shall include information required by the POD.

(1)

Location of existing trees, utilities and other above ground facilities in the area where the sidewalk is generally to be installed.

(2)

Spot elevations in the area where the sidewalk is generally to be installed may be required by the POD.

2.

A written description of the existing site conditions and circumstances which make it difficult to install a sidewalk.

C.

Procedure.

1.

Administrative approval. Where unique conditions to the site or surrounding conditions preclude strict compliance with the land development regulations, the POD may approve a payment in lieu of installing a sidewalk.

D.

Standards for review. In addition to the standards of review for a zoning and planning decision generally, a decision shall comply with the following factor:

1.

Where on the basis of unique site conditions or specific alignment criteria for sidewalks within rights-of-way in relation to unique conditions such as topography or unusually large trees.

E.

Appeals. A decision of the POD granting, granting with conditions of denying the payment in lieu may be appealed to the commission designated in the Decisions and Appeals Table.

(Ord. No. 611-H, § 37, 7-10-2025)