(a)

The city commission shall establish a schedule of fees and charges for matters pertaining to the provisions of this Code.

(b)

The initial fee shall be payable at the time of filing of the application. No application shall be reviewed or processed by the city until such time as the initial fee has been paid in full.

(c)

Regardless of the findings of the appropriate board of authority and/or city commission, the applicant shall not be eligible for a refund of the fee paid:

(Ord. No. 2005-43, § 1, 12-13-05)

Except as otherwise specifically provided under this Code, the city commission shall make the final determination on all decisions required by this Code regarding amendments to the comprehensive plan, amendments to this Code or the official zoning map, and the issuance of conditional use permits. Applications for conditional uses, site plan review, zoning changes, variances and any other similar applications may be filed simultaneously by the applicant; however, all such applications must be finalized before any permits or licenses are granted.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Administrative officials. The city manager may appoint and designate agents to administer and enforce this Code. The city manager shall administer and enforce this Code by encouraging compliance with its provisions by abating violations through the use of oral or written notices or by instituting proceedings for prosecution of violators. All other officers and employees of the city, particularly those officers and employees whose major duties involve the inspection of land, premises, structures, or things accessory thereto, shall assist the city manager in the enforcement of this Code. The term "city manager" as used in this Code shall include the agent or agents designated by the city manager. Nothing in this division or other divisions of this Code shall be deemed to prohibit the appointment, selection of designation of, or contracting with, private consultants to perform certain duties relative to this Code by the city commission.

(b)

Appropriate boards of authority. The city commission, pursuant to Chapter 22 of the Code of Ordinances of the City of St. Pete Beach, shall appoint and designate various appropriate boards of authority with respect to this Code. The city commission shall, at the time of appointment, assign certain duties and responsibilities to the board of authority thereby created; however, the city commission may change the duties of any board of authority as it deems necessary. Such designated boards of authority may include, but are not limited to, the planning board, the board of adjustment and the aesthetic and historic review board. The city commission may from time to time appoint special hearing masters and additional boards or committees to perform specific tasks necessary to fairly administer this Code.

(c)

General duties. Each appointed administrative official and appropriate board of authority shall be given specific duties and responsibilities when they are appointed. Such duties and responsibilities may include, but not be limited to, the following:

(1)

Interpretation and administration of this Code.

(2)

Inspections of land, premises, structures, or things related thereto.

(3)

Preparation and production of plans and studies.

(4)

Providing recommendations on land use and zoning matters to the city commission.

(5)

Site plan review, and final approval of development plans when such authority is granted by the terms of this Code or by specific direction of the city commission.

(6)

The authority to permit variances to certain provisions and requirements of this Code.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Notice of a public hearing to adopt ordinances or resolutions shall comply with all applicable provisions of the City Charter and the Florida State Statutes. In cases of conflict, the more restrictive provision shall control. Additionally, public hearings for the adoption of any ordinance to amend the Future Land Use or zoning designation of a property or properties, when such amendment is not initiated by the City, shall comply with all provisions established in paragraph (b) following.

(b)

Prior to holding any other public hearing required under this Land Development Code, notice of the public hearing shall be as follows:

(1)

All notice, at a minimum, shall contain the time, date, place and subject of the public hearing.

(2)

A legal notice of the public hearing shall be published in a newspaper of general circulation in accordance with the requirements set forth in this Code for each type of application.

(3)

A notice shall be mailed at least fourteen days prior to the public hearing to owners of property located within 500 feet of any part of the property that is the subject of an application for a Future Land Use change, rezoning or Conditional Use. Notice for all other required public hearings shall be mailed at least fourteen days prior to the public hearing to owners of property located within 300 feet of any part of the property that is the subject of an application unless otherwise regulated herein. Property owners shall be determined from the latest Pinellas County real property tax records available to the city.

(4)

The city shall post a sign providing notice of the public hearing on the subject property at least seven days prior to the public hearing.

(5)

Notice of the public hearing shall also be posted at City Hall.

(6)

In addition to any application fee established by Appendix A Fee Schedule of the St. Pete Beach Code of Ordinances, prior to the mailing of any notice required by this Section, the applicant shall be responsible for payment in full to the city of all costs associated with such mailed notice. This shall include all postage costs as well as required materials. For the purposes of this provision, the City Manager shall establish and make publically available a standard material charge per item mailed.

(7)

Failure to strictly comply with the foregoing public notice requirements shall not preclude the appropriate board of authority from considering the subject application, nor shall it affect the validity of any resulting decision.

(c)

Notwithstanding the foregoing, hearings conducted by the historic preservation board, only, shall not require notice as provided in paragraph (b) of this section, unless said board is conducting a public hearing on a variance from the city's flood regulations. Notice of meetings of the Historic Preservation Board shall be provided as set forth in Division 28 of the Land Development Code.

(Ord. No. 2005-43, § 1, 12-13-05; Ord. No. 2006-39, § 1, 11-28-06; Ord. No. 10-01, § 1, 2-9-10; Ord. No. 2017-07, § 2, 6-13-17)

No development shall take place unless the city has issued a development order authorizing such development, unless such development is specifically exempt under this Code.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Zoning compliance required. Building permits, other development permits, and certificates of occupancy, as required by other chapters of the St. Pete Beach Code of Ordinances, shall not be issued without determination that applicable requirements of this Code have been met.

(b)

Concurrency required. Prior to the approval of any building permit, certificate of occupancy, site plan, or other applications related to land development, the availability of public infrastructure and services must be demonstrated, pursuant to the city's concurrency management regulations. These facilities include, but are not limited to, potable water, sanitary sewer, drainage, roads, solid waste, recreation and open space.

(c)

Plans required. All applications for development permits shall be accompanied by plans prepared in accordance with the administrative guidelines established by the city manager relating to the specific application.

(d)

Conditions met. All conditions set forth in all city approval processes shall be attached to the building permit. No certificate of occupancy shall be issued until the city manager inspects the site for compliance with an approved building permit and the requirements of this Code, as applicable.

(e)

Record of applications and plans. A record of applications and plans shall be maintained by the city manager. If plans are approved as to compliance with the terms of this Code, the city manager shall indicate such approval on copies of the plan retained, on the copy to be returned to the applicant, and on the application for the building permit.

(f)

Subsequent applications. If any application filed under the provisions of this Code is denied, no subsequent application seeking substantially the same or similar approval shall be filed within six months of the final decision on the original application, unless such application is denied without prejudice by the board hearing the request. Applications which are withdrawn in writing at least 48, hours prior to the public hearing at which they are to be heard shall be considered to have been withdrawn without prejudice and may be resubmitted immediately.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Zoning verification. The city manager shall, upon request, furnish a letter setting forth the zoning and land use designations applicable to any specific property within the city.

(b)

Certificate of occupancy required. It shall be unlawful to undertake or permit the use, or change of use, of any structure, premises or land, or part thereof until a certificate of occupancy shall have been issued.

(c)

Exception to certificate of occupancy requirement. No certificate of occupancy shall be required for uses of existing structures, premises or land conforming to the requirements of this Code unless such structure shall be altered in its use or construction, or relocated.

(d)

Record of certificates of occupancy. The city manager shall maintain records of all certificates of occupancy issued, and may issue duplicate certification in case of loss or destruction of previously issued certificates.

(e)

Violation of certificate of occupancy requirement. The failure by the owner or occupant of structures, premises or land to obtain a required certificate of occupancy shall be a violation of this Code, punishable by the same penalties as other violations.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Intent concerning determinations involved in administration of performance standards. Determinations necessary for administration and enforcement of performance standards range from those which can be made by a reasonable person using normal senses and no equipment to those which require high technical competence and complex equipment.

(1)

Where determination can reasonably be expected to be made by the city manager, using equipment normally available to the city or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the city to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for protecting individuals from arbitrary and capricious administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary cost for administration and enforcement.

(b)

Performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, glare, or electromagnetic interference. If the city manager finds, after making determinations in the manner set forth in the appropriate portions of section 6.17 of this Code, that there is violation of performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, glare or electromagnetic interference, the city manager shall take or cause to be taken lawful action as provided in the St. Pete Beach Code of Ordinances to eliminate such violation.

(c)

Performance standards relating to measurement of weight of particulate matter, vibration, noise, hazardous or noxious matter, and radiation hazards. If, in the considered judgment of the city manager, there is violation of performance standards as set forth in section 6.17 of this Code, concerning emission of particulate matter, vibration, noise, toxic and noxious matter, odorous matter, or radiation hazards, the city manager shall take or cause to be taken lawful action as provided in the St. Pete Beach Code of Ordinances to eliminate such violation.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Comprehensive plan and future land use map. The city commission shall provide guidance on issues regarding implementation of the comprehensive plan and future land use map, or amendments thereto, in accordance with Pinellas County and Florida law.

(1)

Duties and responsibilities. The city commission, with assistance from the designated advisory committee, shall prepare and maintain a comprehensive plan for the city, shall prepare physical, environmental, social and economic studies, shall advise other appointed boards and committees, shall make recommendations on amendments to the comprehensive plan or changes to the future land use map, and may prepare ordinances regarding implementation of the comprehensive plan.

(2)

Expenses. All expenses of the city commission shall be borne by the city.

(3)

Meetings and records. The meetings of the city commission shall be public meetings and the records of the board shall be public records.

(4)

City manager to cooperate with city commission. The city manager shall be responsible for the processing of the comprehensive plan amendments in cooperation with the city commission and shall provide staff assistance for the city commission.

(b)

Amendments to the zoning map. The city commission is hereby authorized to amend the zoning map in response to changing conditions or to changes to the St. Pete Beach Comprehensive Plan.

(1)

Application requirements.

a.

Map amendments rezoning individual properties may be initiated by the owner of property involved, a non-owner with the written permission of such property owner, the city commission, the appropriate board of authority, or the city manager. Any such application for a zoning map change shall be accompanied by the information necessary to demonstrate that the proposed rezoning is consistent with the criteria set forth in paragraph (5) below.

b.

An application may be accompanied by an offer to the city to impose special conditions (proffers) upon the development of the property that is the subject matter of the application.

c.

At the request of an applicant for a rezoning, a site plan may be processed concurrently with the rezoning application, pursuant to Division 5 of this Code.

(2)

Staff review and recommendations. The city manager shall review the application for the rezoning, and the comments of all appropriate departments of the city, and shall prepare a written staff analysis of the issues raised by the application. Such analysis shall set forth a recommended zoning district classification, if any, and evaluate the goals, policies and objectives of the comprehensive plan affected by the proposed rezoning.

(3)

Planning board review. The planning board shall conduct a public hearing to review the proposed rezoning, and shall consider the written staff analysis and the testimony at the public hearing, and make a recommendation upon the proposed rezoning, setting forth its findings in regard to whether the proposed rezoning will satisfy the standards set forth in paragraph (5) below, and its findings in regard to whether the rezoning is consistent with comprehensive plan. The planning board may include in its recommendation any modifications or conditions to the rezoning, and the reasons therefor.

(4)

City commission review. The city commission shall review the proposed rezoning, the written staff analysis and the recommendation of the appropriate board of authority, and shall approve, approve with conditions or deny the rezoning and site plan, if any, after a public hearing. Action taken by the city commission to approve a rezoning with conditions shall be documented in the form of an ordinance which rezones the subject property and shall state with specificity any conditions imposed by the city commission.

(5)

Standards for review. In reviewing the application for a rezoning, the staff, the planning board and the city commission shall consider whether the proposed rezoning is consistent with and furthers the goals, policies and action strategies of the comprehensive plan.

In addition, the planning board and city commission shall consider the following:

a.

Whether the proposed change would be contrary to the land use plan and would have an adverse effect on the plan. The planning board and city commission shall review the request considering the most intense use permitted in the requested zone district;

b.

Compatibility with adjacent properties and the existing land use pattern;

c.

Possible creation of an isolated district unrelated to adjacent and nearby districts;

d.

The population density pattern and increase in demand for public utilities or services, including potable water supply, sanitary sewer capacity, law enforcement or fire suppression;

e.

Any increase in use of city infrastructure, including stormwater management facilities, streets and roads, water lines, sewer lines or lift stations;

f.

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

g.

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

h.

Whether the proposed change will adversely affect drainage.

i.

Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations;

j.

Whether the proposed change will constitute a grant of special privileges to an individual owner as contrasted with the public welfare; and

k.

Whether the change suggested is out of scale with the needs of the neighborhood or the city.

(6)

Effect of decision.

a.

The ordinance which rezones the subject property shall state with specificity any conditions imposed by the city commission, and no building permit pertaining to the rezoned property shall be issued for construction which does not conform to any site plan finally approved by the city commission as part of the rezoning.

b.

In the event that any conditions require the execution of an appropriate legal document by the applicant, the applicant shall be required to execute same prior to issuance of a building permit. When appropriate, fully executed documents may be attached to the ordinance as exhibits.

(7)

Changes to rezonings.

a.

A modification to any previously approved rezoning shall be processed in the same manner as the original application. Revisions to site plans proffered as part of a rezoning application, other than revisions determined to be minor pursuant to this Code, shall require the submission of an amended site plan and city commission adoption of an ordinance amending the initial rezoning ordinance to reflect approval of the amended site plan.

b.

In the event a site plan approved as a condition of a rezoning application expires, any new site plan shall be submitted to the city and adoption of a new ordinance amending the initial rezoning ordinance to reflect approval of a new site plan shall be required.

(8)

Expiration of approval. An ordinance rezoning property shall have no expiration date, unless otherwise specified in the approval.

(c)

Amendments to this Code. Amendments to this Code may be initiated by the city commission, any board appointed by the city commission, or the city manager. An application for a text amendment shall be accompanied by justification necessary to support the amendment.

In reviewing the application for a text amendment, the appropriate board of authority and the city commission shall consider whether the proposed amendment is consistent with and furthers the goals, policies and objectives of the comprehensive plan and whether the proposed change will further the purposes of this Code and other city ordinances, regulations and actions designed to implement the comprehensive plan. The appropriate board of authority shall act upon all text amendments as properly presented. Failure to act upon the proposed amendment shall not preclude the city commission from adjudicating the proposal.

(Ord. No. 2005-43, § 1, 12-13-05)

The purpose of this section is to regulate the continued existence of certain uses and structures established prior to the effective date of this Code that do not conform to these regulations. It is the intent of this Code to permit legally nonconforming uses and structures to continue in existence until they are removed or abandoned.

To avoid undue hardship, nothing in this Code shall be deemed to require a change in the plans, construction or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this Code, or amendment thereto, and upon which actual building construction has continued unabated since inception of such construction, pursuant to valid building permits issued therefor.

(a)

Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Code, except as provided below, a single-family dwelling and customary accessory buildings may be erected on any lot of record as of the adoption date of this Code. This provision shall apply even though such lot fails to meet the requirements for lot width or area, or both, that are generally applicable to the district, provided that the building setbacks and other requirements shall conform to the regulations for the district in which the lot is located.

(b)

Nonconforming structures. Where a lawful structure exists at the time of adoption or amendment of this Code which could no longer be built under the terms of this Code by reason of restrictions on lot area, impervious surface, height, or other such characteristics, such structure may continue to be used so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged, altered or improved in a manner which increases its nonconformity, except for the conditions set forth for elevating an existing structure in subsection (3)A. below.

(2)

Any nonconforming structure which suffers substantial damage, as defined in this Code, shall only be repaired, restored or reconstructed in a manner which brings the entire structure into compliance with all requirements of this Code and other applicable codes of the city, except as provided in subsection (3)D. below.

(3)

Should such nonconforming structure be moved, either vertically or horizontally, it shall comply with the following:

A.

The structure may be moved, vertically only, such that the lowest habitable floor is elevated above the required design flood elevation, as defined and established in the city's flood damage prevention regulations set forth in Chapter 98 of the Code of Ordinances. Additionally, the existing habitable ground floor of the structure beneath the required design flood elevation may be converted to parking, storage and building access if in compliance with the structure's flood zone and the habitable floor(s) are reconstructed, in the same footprint and the same floor height as the existing habitable floor(s), above. Compliance shall be as required for the structure's flood zone and degree of improvement or damage, including elevation on or conversion to open foundations comprised of piles, posts, piers, or columns for substantially-improved or damaged structures in the VE and Coastal A zones as applicable, and installation of flood vents and flood-resistant materials below the design flood elevation for substantially-improved or damaged structures in the AE zone as applicable. Under no circumstances shall the resulting structure exceed the maximum height allowed by the zoning district.

B.

The structure shall be moved, horizontally only, such that no additional nonconformities are created, and no existing non-conformities are increased, by such relocation; and

C.

The structure shall be located on the property so that there is a setback of at least three feet from the nearest property line on all sides of the structure. Any additions to the structure made during or subsequent to the elevation or reconstruction of the structure, other than reconstruction of the habitable floor(s) of the structure above required design flood elevation when reconstruction is undertaken, shall comply with the existing required setbacks for the structure's zoning district.

D.

When a residential structure that is nonconforming solely by means of setback(s) suffers substantial damage and the requirements of subsections (3)A. through C. preceding can be met, the structure may be eligible for a vertical move, elevation or reconstruction as set forth above but shall comply with all applicable floodplain management regulations and building codes.

E.

When subsection (3)A. or D. above is utilized, if the applicant cannot reasonably construct stairs to access the first living level without encroaching into the front setback, the applicant may be permitted to construct stairs without an independent roof overhang within the required front yard. Stairs shall not encroach more than ten feet into the required front yard unless additional encroachment is demonstrated as necessary to avoid conflict with garage access or correct a safety issue. Under no circumstances shall stairs authorized through this permission be located closer than three feet to any property line. This standard shall supersede other permissions and restrictions found elsewhere in this Code.

(4)

Any nonconforming structure may be reinforced to make it resistant to hurricanes for the health safety and welfare of the public. These improvements include the addition of hurricane shutters, impact windows and doors, and hurricane straps.

(5)

Ordinary repairs and maintenance may be made to a nonconforming structure provided that such repairs or maintenance do not constitute a substantial improvement as defined in the Land Development Code.

(c)

Nonconforming uses. Nonconforming uses of land, structures and premises which were lawfully established prior to the adoption of this Code, but which are not permitted or are otherwise currently prohibited by this Code, may continue to operate at their present location until such time as such use has been discontinued. If the use is discontinued for more than 90 consecutive days or a total of 180 calendar days within a one-year period, subsequent use of the premises shall conform to the district regulations. Continuance of nonconforming uses are subject to the following provisions:

(1)

Uses nonconforming by the type of use are regulated as follows:

a.

There shall be no increase of a nonconforming use by expansion of the use to adjacent properties, to other structures on the property, or to other portions of a multi-tenant structure within which the nonconforming use is located. No multi-tenant structure may be converted into a single-tenant structure for the purpose of expanding a nonconforming use.

b.

No structure in which a nonconforming use is located shall be enlarged, altered, improved or relocated to occupy other portions of the lot upon which it is located or to increase the size of the structure.

c.

When a structure which is occupied by a nonconforming use suffers substantial damage, said structure, if repaired, restored or reconstructed, shall only be occupied, upon completion, by uses which are allowed in the zoning district in which the structure is located.

(2)

Uses that are nonconforming by reason of development density are regulated as follows:

a.

The recognized number of units on such property shall be determined by the number shown in the property records on file with the city as of the date of adoption of this section.

b.

There shall be no increase in the number of units by expansion or alteration of the use.

c.

Except as provided for elsewhere in this Code, any property, upon which there are one or more buildings having such pre-existing nonconforming number of units shall be brought into conformity with the density requirements of this ordinance when any building is proposed to be substantially improved.

(d)

Grandfathered nonconforming residential uses. Not withstanding the provisions of paragraph (c)(2) above and paragraph (e) following, nonconforming residential properties having a greater number of units than currently allowed under the provisions of the comprehensive plan and this Code that are lost through a catastrophic event may be reconstructed with the same number of units as they had prior to the loss under the following conditions:

(1)

For the purposes of this subsection only, transient accommodations shall be considered to be residential properties.

(2)

The applicant can verify to the satisfaction of the city that the property contained the number of units, square footage and height that are proposed for replacement;

(3)

The replacement structure(s) shall be no larger in square footage, nor taller than the original structure, except that structure height may be increased by the height of the base flood elevation where necessary to comply with flood hazard mitigation requirements;

(4)

Provided there are no conflicts with other codes and that no adverse impacts on adjacent properties will be created, the replacement structure(s) may be permitted to be constructed with the same footprint as the original structure(s);

(5)

The replacement structure(s) shall meet all other local, state and federal requirements in place at the time of replacement; and

(6)

Permits to rebuild under these provisions shall be obtained within one year of the catastrophic loss unless a general extension of time has been granted by the city commission.

(e)

Nonconforming accessory structures. No nonconforming accessory structure shall continue after the principal use or structure is terminated by abandonment, damage, or destruction. In addition to the other provisions of this section applicable to nonconforming structures, the following additional conditions shall apply to nonconforming accessory structures:

(1)

Any nonconforming accessory structure shall be brought into conformity with these regulations whenever a substantial improvement to the structure or the principal structure on the property is proposed and approved. Notwithstanding the foregoing, any accessory structure which is designated and constructed as a garage, the principle purpose of which is the storage of motor vehicles for single-family residential purposes, which is substantially damaged as the result of a catastrophic event as defined in the Code of Ordinances, may be reconstructed in accordance with the criteria set forth in subsection (d) hereof.

(2)

Any nonconforming accessory structure which is destroyed or substantially damaged, shall, upon replacement, conform to all requirements of this Code and other applicable codes of the city. Any part of a nonconforming accessory structure which is destroyed or damaged to less than 50 percent of the value of such accessory structure may be repaired or restored if a permit for the repair or restoration is issued within 12 months of the date of the damage.

(f)

Repairs and maintenance; maintaining safe condition. Repairs and maintenance of nonconforming structures are permitted.

(Ord. No. 2005-43, § 1, 12-13-05; Ord. No. 2007-08, § 1, 10-9-07; Ord. No. 2010-10, §§ 1, 2, 5-25-10; Ord. No. 2019-19, § 2, 12-10-19; Ord. No. 2024-09, § 2(Exh. A), 10-14-24; Ord. No. 2024-11, § 2(Exh. A), 11-4-24; Ord. No. 2024-13, § 2(Exh. A), 12-10-24)

(a)

Purpose, definition, scope and limitations.

(1)

Unnecessary and undue hardship variance. An unnecessary and undue hardship variance is a relaxation of the terms or provisions of the Land Development Code where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of the Land Development Code would result in unnecessary and undue hardship on the property.

(2)

Practical difficulty variance. A practical difficulty variance is a relaxation of the terms or provisions of the Land Development Code which is less rigorous than the unnecessary and undue hardship standard. Practical difficulty variances shall only be applicable to impervious surface ratio, setback lines, or landscaping for single family homes located on single lots in the established residential districts. If a practical difficulty variance is granted, the maximum reduction in the required pervious area of a property shall be 50 percent. A practical difficulty variance for a reduction in the required pervious area of a property shall only be granted by the city one time per property. The standard provides for a variance where a literal enforcement of a zoning regulation will create a practical difficulty in the use of the parcel of land for the purpose or in the manner for which it is zoned, considering various factors set forth below.

(3)

Administrative (de minimis) variances. When the literal or strict enforcement of the provisions of the Land Development Code causes unusual, exceptional, unnecessary difficulties or injustice because of the size of the tract, parcel or lot, the topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions. The sum of all variances approved by the city manager under these administrative procedures shall not exceed 12 inches for setbacks and accessory structure height for each property or lot.

(b)

Authority and approval criteria.

(1)

The city manager or appropriate board of authority may authorize variances to the Land Development Code if the applicant is able to demonstrate the following conditions:

a.

Unnecessary and undue hardship variance. Standards of review for an unnecessary and undue hardship variance. The appropriate board of authority shall approve an unnecessary and undue hardship variance only if the variance applicant demonstrates by substantial competent evidence that all of the following are met and satisfied:

1.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same zoning district;

2.

The special conditions and circumstances do not result from the actions of the applicant or a prior owner of the property;

3.

Literal interpretation of the provisions of the Land Development Code deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Land Development Code and results in unnecessary and undue hardship on the applicant;

4.

The hardship has not been deliberately or knowingly created or suffered to establish a use or structure which is not otherwise consistent with the comprehensive plan or the Land Development Code, nor will it permit an increase in development density;

5.

An applicant's desire or ability to achieve greater financial return or maximum financial return from his property does not constitute hardship;

6.

Granting the variance application conveys the same treatment to the applicant as to the owner of other lands, buildings, or structures in the same zoning district;

7.

The requested variance is the minimum variance that makes possible the reasonable use of the land, building, or structure; and

8.

The requested variance is in harmony with the general intent and purpose of the comprehensive plan and the Land Development Code, is not injurious to the neighborhood or otherwise detrimental to the public safety and welfare, is compatible with the neighborhood, and will not substantially diminish or impair property values within the neighborhood.

b.

Practical difficulty variance. Standards of review for a practical difficulty variance. The appropriate board of authority shall approve a practical difficulty variance if it finds, based on substantial competent evidence, that following factors demonstrate that a practical difficulty exists:

1.

How substantial the variance is in relation to the requirement sought to be varied;

2.

Whether an adverse change will be produced in the character of the neighborhood;

3.

Whether the difficulty can be obviated by some method feasible for the applicant to pursue other than by a variance; and

4.

Whether, in view of the manner in which the difficulty arose, the interest of justice will be served by allowing the variance.

c.

Administrative (de minimis) variances. The city manager may grant de minimis variances to the setback and accessory structure height requirements found in the Land Development Code in accordance with the following procedure:

1.

An application for de minimis variance shall be submitted to the city manager. The application shall set forth the reasons justifying the administrative granting of the variance including:

a.

Special conditions and circumstances that exist which are particular to the land involved and are not applicable to other surrounding lands;

b.

The basis for seeking a variance;

c.

How a literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties located in the city;

d.

That the granting of the variance requested will not confer on the applicant any special privilege that is otherwise denied other similarly situated lands, buildings, or structures in the same zoning district; and

e.

An explanation of how the request meets the requirements for approval under this section.

2.

To approve a variance application, the city manager shall find:

a.

That the requirements of this section have been met;

b.

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

c.

That the variance is the minimal variance that would make possible the use of the land;

d.

That the granting of the variance would be in harmony with the general purpose and intent of the Land Development Code; and

e.

That the variance shall not be injurious to the surrounding property owners and impair desirable general development of the neighborhood or the community as proposed in the comprehensive plan or otherwise be detrimental to the public welfare.

3.

Notice of administrative variance. The city manager shall, at the expense of the applicant, provide legal publication and posted notice of an application for variance approval on the subject property, and shall give written notice to adjacent property owners, of the preliminary determination regarding the administrative variance as provided herein, and shall hear any objections regarding the preliminary determination during a subsequent 30-day period. At the conclusion of the 30-day period, the city manager shall approve, approve with modifications and/or conditions, or deny the administrative variance request by written development order.

(2)

When application is made to the city commission for approval of a conditional use permit, any necessary variances shall be considered by the commission at the same time as the conditional use permit request. Such variances may be approved or denied by the city commission without regard to the disposition of the conditional use permit request.

(3)

Any variance granted hereunder shall expire one year from the date of the development order providing for such variance, unless a building permit for the construction authorized by such variance is obtained within such time and said building permit has not expired prior to the completion of construction in accordance therewith.

(c)

Limitations on variance authority of appointed boards. Any request for variance to the city's coastal control line shall be made directly to the city commission. No board of authority shall grant a variance from any requirement imposed by the city commission as a condition of rezoning, conditional use approval or any other action of the commission resulting in the granting of specific development rights.

(d)

Application submission requirements. Each application is due no later than 30 days prior to the public hearing or final administrative determination and shall contain the following information, accompanied by the payment of the applicable fee set forth in Appendix A, St. Pete Beach Code of Ordinances:

(1)

A completed application, signed by the property owner. The format of the application shall be determined by the city manager.

(2)

Proof of ownership.

(3)

When the applicant is a representative of the property owner or purchaser under contract, a notarized statement authorizing the representative to act as an agent of the property owner with regard to the application and associated procedures.

(4)

A property survey containing the legal description, land area, and existing improvements on the site. The survey shall be signed and sealed by a surveyor licensed in the state, and shall have been performed not more than ten (10) years prior to the date of application. The survey shall accurately depict all improvements on the site. If all improvements are not depicted on the survey, the applicant shall conduct a new survey of the property and submit it with the application materials.

(5)

A site plan illustrating the request, drawn to scale. The sheet size shall not be less than eleven inches by seventeen inches (11 × 17) and shall not be more than thirty-six inches by forty-eight inches (36 × 48). An electronic version may be required.

(6)

Any stipulation, condition, or proffer the applicant wishes to offer along with the application.

(7)

Applicants are encouraged and may be required to submit additional information, such as elevations, photos, and/or product information, when appropriate.

(e)

Determination of completeness of application. The city shall determine whether the application is complete. If the application is complete, the application shall be forwarded for review. If the application is not complete the city shall take no further action on the application until the required information is submitted by the applicant.

(Ord. No. 2005-43, § 1, 12-13-05; Ord. No. 2006-39, § 2, 11-28-06; Ord. No. 2011-21, §1(Exh. A), 11-22-11; Ord. No. 2019-20, § 2, 12-10-19)

(a)

An appeal to a hearing officer designated by the city commission may be taken by any person aggrieved by any final decision of the city manager of the city where it is alleged there is an error in an order, zoning permit, condition, requirement, decision or determination by the city manager in enforcing the Land Development Code. An appeal shall be filed in writing on or before 30 days from the day of the administrative decision. This section does not apply to building permits.

(b)

Any person aggrieved by a final order of the city commission or any appointed board may appeal the order to the circuit court. The appeal shall be filed with the circuit court on or before 30 days following the issuance of the final development order.

(c)

When an appeal is filed, all proceedings in furtherance of the action affected by the decision being appealed from shall be stayed, unless city manager certifies, after the notice of appeal has been filed with the city, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property.

(d)

If the hearing officer finds that said conditions exists, the hearing officer may deny the stay and allow the administrative order to be executed.

(e)

The city commission may appoint one or more hearing officers to hear appeals as provided in this section. Such hearing officers shall be attorneys licensed to practice law in all state courts of the State of Florida, and shall have been so licensed for a continuous period of at least five years up to the date of such appointment.

(Ord. No. 2005-43, § 1, 12-13-05; Ord. No. 2019-21, § 2, 12-10-19)

The city manager shall enforce all of the provisions of these regulations.

(Ord. No. 2005-43, § 1, 12-13-05)

(a)

Whenever a violation of this Code occurs or is alleged to have occurred, any person may file a complaint. Such complaint, stating fully the causes and basis thereof, shall be filed in writing with the city manager.

(b)

Violation of the provisions of this Code, including violation of conditions and safeguards established in a development order, approval of a site plan or the approval of a conditional use, shall be punishable in accordance with Section 1.14 (General penalties) of the St. Pete Beach Code of Ordinances, or in accordance with Article IX of Chapter 22 (Special Master supplemental code enforcement) therein. Nothing contained in this section shall prevent the city from taking such other lawful action, including, but not limited to, resort to equitable action as is necessary to enforce any such provision, condition or safeguard.

(c)

In addition to other remedies provided by these regulations and other applicable laws, the city manager shall, when a violation has been determined to exist:

(1)

Refrain from issuing any subsequent development approvals for the developer until the violation has been corrected; and

(2)

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(d)

In the event that any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained in violation of these regulations, or that any building, structure, or land is used in violation of these regulations, the city manager may, in addition to other remedies, institute any appropriate action or proceeding in the circuit court:

(1)

To prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use of the building, structure, or land;

(2)

To prevent the occupancy of the building, structure, or land;

(3)

To prevent any illegal act, conduct, business, or use in or about the premises; or

(4)

To restrain, correct, or abate the violation.

(Ord. No. 2005-43, § 1, 12-13-05)