South Pasadena City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 130-43 Enforcement.
[Amended 1-24-1995 by Ord. No. 94-25]
Prior to issuing any permits for construction pursuant to Chapter 83, Building Construction and Uniform Codes, of the City Code, the Department of Community Improvement shall determine that all applicable provisions and requirements of the City Code for the proposed project have been satisfied. This includes but is not limited to ascertaining whether or not the land use and zoning categories are appropriate, whether a special exception use permit is necessary, whether a certificate of concurrency is required and, if so, has been issued, whether the provisions of the Floodplain Ordinance,[1] together with associated data and affidavits, have been filed. Whether stormwater regulations are applicable and, if so, have been met. In addition, the Department of Community Improvement shall determine whether or not site plan approval or modification is required and whether or not any special exceptions or variances to the requirements of this Code are being requested. No permits for construction shall be issued until all of these development prerequisites have been satisfied.
§ 130-44 Interpretation and the Municipal Comprehensive Plan.
The land development regulations contained in this Part 1 are a principal implementation process of the legally adopted South Pasadena Municipal Comprehensive Plan. In interpreting this Part 1, the planning needs and objectives as identified in the Municipal Comprehensive Plan shall be considered in any determination relative to the administration of this Part 1. Where there is a clear conflict or inconsistency between the plan and that which is permitted in this Part 1, an amendment to the plan must be enacted in accordance with Florida Statutes prior to the issuance of any development permit which is in conflict with the plan.
§ 130-45 Changes and amendments.
[Amended 1-24-1995 by Ord. No. 94-25]
The regulations in this chapter may be amended by ordinance. Amendments to this chapter shall be submitted to the local planning agency for public hearing prior to adoption by the City Commission.
§ 130-46 Applications for variances, special exception use permits, rezoning and subdivision approval.
[Amended 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
Applicants for variances, special exception use permits, rezoning applications and applications for subdivision approval shall complete and file the applicable application forms which shall be provided by the Department of Community Improvement. Hearings on these requests shall be noticed in accordance with § 130-51. The staff shall prepare a report based on the information the applicant includes in the written application. All requests for variances, special exception use permits, rezoning and subdivision approvals shall be heard by the City Commission. Requests for variances, special exception use permits, rezoning and subdivision approvals shall be granted, granted with conditions or denied by the City Commission. Following a decision by the City Commission the City Clerk shall notify the applicant, in writing, regarding the Commission's action.
§ 130-47 Criteria for review of variance requests.
[Amended 4-14-1986 by Ord. No. 86-03; 4-17-1990 by Ord. No. 90-06; 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
A.
Where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary and undue hardship, the City Commission may grant a variance. In considering variance requests, the City Commission shall make findings on the six criteria listed below. The Commission shall not grant a variance unless the Commission finds affirmatively on the following six criteria:
(1)
That an unnecessary hardship exists.
(2)
That such unnecessary hardship has not been created by the applicant.
(3)
There are no other choices for the developer, which would not require a variance, which would allow the property to be utilized in a manner satisfactory to its designated use and density.
(4)
There is a clear and convincing benefit, both to future residents of the property and to the public at large, in permitting the variance to occur.
(5)
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to public welfare.
(6)
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
B.
In circumstances where a section of the City Code provides specific criteria which differ from the criteria set forth above, the criteria specified in that City Code section shall be substituted for the criteria set forth above. In some circumstances, the City Code provides criteria which are to be considered in addition to the criteria set forth in this section.
C.
In granting a variance, the City Commission may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter.
§ 130-48 Criteria for review of special exception use permit.
[Amended 10-17-1989 by Ord. No. 89-31; 4-27-1993 by Ord. No. 93-08; 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
A.
All requests for special exception use permits shall be submitted to the City Commission for its review and approval or denial. In considering requests for special exception use permits, the City Commission shall make findings on the four criteria listed. The Commission shall not grant a special exception use permit unless the Commission finds affirmatively on the following four criteria:
B.
In granting a special exception use permit, the Commission may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter.
§ 130-49 Review criteria for rezoning.
[Amended 5-19-1987 by Ord. No. 87-10; 9-19-1989 by Ord. No. 89-24; 9-24-1991 by Ord. No. 91-09; 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
A.
All requests for rezoning shall be submitted to the City Commission for its review and approval or denial. In considering a request for rezoning, the City Commission shall make findings on the criteria listed. The Commission shall not grant a rezoning application unless it finds affirmatively on the following criteria:
(1)
That the zoning requested is consistent with the land use designation of both the City and county-wide Future Land Use Maps.
(2)
That the requested zoning category is compatible with the surrounding zoning categories.
(3)
That the requested rezoning will not result in the creation of a nonconforming building or lot.
B.
In granting an application for rezoning, the Commission may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter.
§ 130-50 Review criteria for subdivision approval.
[Amended 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
A.
All requests for subdivision approval shall be submitted to the City Commission for its review and approval or denial. In considering applications for subdivision approval, the City Commission shall make findings on the criteria listed below. The Commission shall not approve a subdivision unless the Commission finds affirmatively on the following criteria:
(1)
That the plat meets the requirements of Chapter 177 of the Florida Statutes.
(2)
That the land use and zoning are consistent with the proposed subdivision.
(3)
That the proposed subdivision will not result in the creation of any nonconforming lots or buildings.
(4)
That the proposed subdivision meets the requirements for subdivisions as set forth in the City Code.
B.
In granting subdivision approval, the Commission may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this chapter. The conditions of approval shall be referenced on the final plat, which shall be signed by the Mayor.
§ 130-51 Procedure for noticing hearings on requests for variances, special exception use permits, rezoning and subdivision approval.
[Amended 1-24-1995 by Ord. No. 94-25; 4-9-2002 by Ord. No. 2002-01; 1-12-2016 by Ord. No. 2015-09; 7-1-2024 by Ord. No. 2024-04]
A.
The applicant for a variance, special exception use permit, rezoning or subdivision approval shall notify all persons owning real property within 200 feet of any property line of the subject property of the subject of their request and the date, time and place of the public hearing before the City Commission.
B.
Said notices shall be given by the applicant, using certified mail, return receipt requested, to the owner of record as shown on the current tax rolls. The applicant shall mail said notices a minimum of 10 days prior to the date of the City Commission meeting which is being noticed.
C.
The applicant shall file an affidavit affirming compliance with these notice provisions with the Department of Community Improvement prior to the meeting which is being noticed. In the event that common elements of a condominium fall within the two-hundred-foot area referenced in this section, the applicant shall notify each individual unit owner and the condominium association in accordance with the provisions of this section.
D.
The Department of Community Improvement shall advertise public hearings on variance, special exception use permits, and rezoning or subdivision applications. The advertisement shall include the date, time and location for the City Commission meeting and shall be published in a local daily newspaper a minimum of 10 days before the City Commission meeting.
E.
The Department of Community Improvement shall post notice of said meetings on the subject property using a sign large enough to be read from the road adjacent to the property. The sign shall state the nature of the request and the dates, times and location of the meetings as well as the phone number for the Department of Community Improvement. The sign shall be posted at least five days prior to the date of the City Commission meeting until the day following the City Commission meeting.
§ 130-52 Expiration of permit.
A.
Any approved project, special exception use or variance granted hereunder must be exercised within 12 months from the date of its authorization.
§ 130-53 (Reserved) [1]
[1]
Editor's Note: Former § 130-53, Planning and Zoning Board membership; terms and appointment; powers and duties, as amended, was repealed 1-12-2016 by Ord. No. 2015-09.
§ 130-54 Enforcement; penalties for offenses.
A.
It shall be the duty of the Building Official to enforce this Part 1. Appeals from the decision of the Building Official shall be made to the City Commission, and appeals from decisions of the City Commission shall be made to the City Commission.
[Amended 1-12-2016 by Ord. No. 2015-09]
B.
It shall be unlawful for any building or structure to be erected, constructed, reconstructed, altered, repaired, converted or maintained, or for any building, structure or land to be used in violation of the regulations of this ordinance or other regulations made under authority conferred hereby.
[Amended 4-27-1993 by Ord. No. 93-08]