(a)

Purpose. Certain uses are conditional rather than uses by right. They are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, public services, the desired character of an area, or they may create nuisances. A review of these uses is necessary due to the impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address identified concerns, or to deny the use if the concerns cannot be resolved.

(b)

Authority. The city commission may approve applications for conditional uses in accordance with the procedures, standards and limitations of this division.

(c)

Authorized conditional uses. Only those uses which are authorized in each zoning district or those nonconforming uses which are substantially damaged or destroyed, and are permitted to be re-established in accordance with this ordinance may be approved as conditional uses. The designation of a use in a zoning district as a conditional use does not constitute an authorization of such use or an assurance that such use will be approved; rather, each proposed conditional use shall be evaluated by the city commission for compliance with the standards and conditions set forth in this section and for each district. Wherever a conditional use existing on the effective date of these regulations is terminated or destroyed, subsequent conditional use of the property shall be permitted only in conjunction with the approval process specified herein.

(Ord. No. 2005-44, § 1, 12-13-05)

(a)

Simultaneous applications. 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 shall be finalized before any permits or licenses are granted.

(b)

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

(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)

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

(c)

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.

(d)

Determination of sufficient application. After an application is determined complete, each department involved in the review process shall review the application for sufficiency and shall notify the applicant of any additional information that may be required.

(1)

Remedy of insufficiencies. If the applicant fails to respond to the specified request for information within the time period established by the notification of deficiency, the application for development or conditional use approval shall be voided.

(e)

Changes of information. If an applicant submits new data or information at any time after a determination of completeness has been made, the revised application will be subject to the same stages of review as the initial application. Any additional costs associated with the required advertisement of modified applications shall be borne by the applicant and must be paid prior to the hearing at which the application is considered.

(Ord. No. 2005-44, § 1, 12-13-05; Ord. No. 2011-21, § 1(Exh. A), 11-22-11)

(a)

The city, as a further condition to approval of an application for a conditional use permit, may require financial guarantees or other such guarantees as may be reasonably necessary to insure compliance with the terms and conditions of its approval.

(b)

In instances where no additional construction is necessary to implement the conditional use failure to obtain an occupational license for the approved conditional use within six months from the date of approval of the conditional use permit shall invalidate the approval, unless a shorter compliance period is required by the city.

(c)

Where construction is necessary prior to the operation of the conditional use, failure to obtain a building permit within 12 months of the date of approval of an application for a conditional use permit, shall invalidate the approval. A shorter compliance period may be required by the city commission.

(1)

An occupational license shall be obtained within 30 days of the issuance of the certificate of occupancy for the necessary construction.

(2)

Failure to maintain continual construction, as defined in Division 2 of this ordinance, shall void any building or other development approval granted in connection with the project. If construction activity ceases at any time after the zoning lot has been cleared of vegetation, the owner shall be required to reclaim the site in accordance with section 22.3(g) of this division.

(Ord. No. 2005-44, § 1, 12-13-05)

(a)

Standards applicable to all conditional uses. When considering an application for approval of a conditional use, the city commission review shall consider the following standards:

(1)

Whether the conditional use is consistent with the goals, objectives, and policies of the Comprehensive Plan, any adopted special area plan and these regulations;

(2)

Whether the proposed use will be compatible with the character of the existing area, including existing structures and structures under construction, existing public facilities and public facilities under construction, and residential, commercial and/or service facilities available within the existing area. More specifically:

a.

Whether the overall appearance and function of the area will be significantly affected consideration shall be given to the existence of other uses in the area, based on the number, size, and location of the uses and the intensity and scale of the proposed and existing uses in the area;

b.

Whether the application will preserve any city, state or federally designated historic, scenic, archaeological, or cultural resources;

c.

Whether the application will be compatible with adjacent development, if any, based on characteristics such as size, building style and scale; or whether such incompatibilities are mitigated through such means as screening, landscaping, setbacks, and other design features; and

d.

Whether the application will have significant adverse impacts on the livability and usability of nearby land due to noise, dust, fumes, smoke, glare from lights, late-night operations, odors, vehicular traffic, truck and other delivery trips, the amount, location, and nature of any outside activities, potential for increased litter, or privacy and safety issues.

(3)

Whether the transportation system is capable of adequately supporting the proposed use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, access to arterials, transit availability, on-street parking impacts, if any, site access requirements, neighborhood impacts, and pedestrian safety;

(4)

Whether the minimum off-street parking area required and the amount of space needed for the loading and unloading of trucks, if applicable, will be provided and will function properly and safely;

(5)

Whether generally, the public health, safety and welfare will be preserved, and any reasonable conditions necessary for such preservation have been made;

(6)

Whether the applicant has demonstrated the financial and technical capacity to complete any improvements and mitigation necessitated by the development as proposed and has made adequate legal provision to guarantee the provision such improvements and mitigation; and

(7)

Whether the proposed use complies with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the regulations of the City of St. Pete Beach.

(Ord. No. 2005-44, § 1, 12-13-05)

The staff shall review all applications for conditional use approval and provide a written analysis of the issues raised by the application which shall be forwarded to city.

(Ord. No. 2005-44, § 1, 12-13-05)

Upon receipt of the written staff analysis, the city commission shall hold a public hearing to consider the application for conditional use and may grant, grant with conditions or deny the application. Final action of the city commission shall be by resolution and documented in the form of a development order containing a legal description of the real property to which the conditional use applies, together with the terms of the conditional use and any additional conditions imposed. For conditional use permits required by section 39.6(p) of this Code, the planning board shall hold a public hearing to consider the application and make a recommendation to the city commission.

(Ord. No. 2005-44, § 1, 12-13-05; Ord. No. 2015-22, § 2, 12-15-15; Ord. No. 2017-07, § 2, 6-13-17)

(a)

Approval of a conditional use shall be deemed to authorize only the particular use for which it is issued.

(b)

Development of the conditional use shall not be carried out until the applicant has secured all other permits and approvals required by these regulations, the city, county, state and federal agencies.

(Ord. No. 2005-44, § 1, 12-13-05)

The city commission may attach such conditions to a conditional use approval as are necessary to carry out the purposes of the comprehensive plan, any adopted special area plan and these regulations, and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, specifying the duration of the permit, hours of operation, or requirements for mitigation of environmental impacts.

(Ord. No. 2005-44, § 1, 12-13-05)

(a)

Approval of minor revisions. The city manager is authorized to allow minor revisions to an approved conditional use after staff review and to authorize the issuance of a development order for construction in accordance with the revised conditional use. A minor revision is one which:

(1)

Does not alter the location of any points of access to the site;

(2)

Does not change the conditional use;

(3)

Does not increase the density or intensity of the development to occur on the property;

(4)

Does not result in a reduction of open space, setback or previously required landscaping;

(5)

Is consistent with the general intent and purpose of these regulations and the initial determination of consistency of the conditional use with the St. Pete Beach Comprehensive Plan;

(6)

Does not result in a substantial change to the location of a structure previously approved;

(7)

Does not result in a material modification or the cancellation of any condition placed upon the conditional use as originally approved;

(8)

Does not change the internal or external traffic pattern;

(9)

Does not add additional property to the site;

(10)

Does not increase the impervious area of the site; and

(11)

Does not increase the height of the building(s).

(b)

Other revisions. Any other adjustments or changes not specified in section 4.10(a) above shall be granted only in accordance with procedures for original approval of a conditional use, as set forth in this section.

(Ord. No. 2005-44, § 1, 12-13-05)

It is the intent of the city that the aesthetic and functional characteristics of new development shall be regulated to insure consistency with the stated objectives of city redevelopment policy and that all new development is undertaken in a manner consistent with the best interests of the community. In instances of development projects which are of significant density or intensity, the complexity of the construction and operation of such projects require a higher than usual level of public scrutiny and technical review prior to permitting, and necessitate the articulation of specific requirements on the part of both the developer and the city to ensure that such developments are in harmony with community character and consistent with the policies of the community redevelopment plan. The provisions of this section are intended to supplement the stated requirements of this division and other divisions of the Land Development Code and provide for the incorporation of provisions into conditional use approvals which address issues of public concern.

(Ord. No. 2005-44, § 1, 12-13-05)

(a)

Conditional use applications within the community redevelopment district shall be evaluated upon the extent to which the applicant can demonstrate that the following issues are addressed in a manner consistent with the policies established in the community redevelopment plan for the district and that no unreasonable or disproportionately negative impacts are imposed upon adjacent or nearby properties:

(1)

Utility infrastructure, including sanitary sewer, reclaimed water, potable water, electric and natural gas services, and data transmission and telecommunications services;

(2)

Transportation infrastructure, including ingress and egress from public rights-of-way, traffic control devices and signalization, internal vehicle circulation of the site, design and function of parking areas, loading and unloading areas, pedestrian transit infrastructure and amenities, and public sidewalks and roadways;

(3)

Hydrological features and storm water management infrastructure;

(4)

Aesthetic and architectural features of the development, including site layout, physical dimensions of structures such as height and massing, design and appearance of building facades, exterior building materials, advertising and directional signage and the provision and maintenance of Gulf and Bay views and vistas;

(5)

Site landscaping, open space provision and impervious surface limitations;

(6)

Operational and functional requirements of facilities, including hours of operation, provision of required services or amenities, lighting requirements, noise abatement requirements, residency limitations and facilities maintenance;

(7)

Fire suppression and facility security;

(8)

Emergency management and hurricane evacuation provisions; and

(9)

For temporary lodging uses taller than 50 feet in height or a density greater than 30 units per acre, the following additional issues shall be considered:

a.

The amount of separation provided between the proposed temporary lodging use and any existing buildings on adjoining properties and resulting impact on sunlight and views; and

b.

The proximity of any adjacent residential building to the Florida Coastal Construction Control Line and the degree to which the proposed temporary lodging use and/or any accessory use or structure maintains an open view of the waterfront from neighboring properties.

(b)

Any of the foregoing elements may be omitted from the conditional use application upon agreement of the city commission.

(c)

Content additional to the foregoing may be included in the application, so long as such content is consistent with the applicable requirements of this Code.

(d)

The allocation of temporary lodging or residential units from a density pool established in the Comprehensive Plan shall be by ordinance. In cases where a property is required to obtain a conditional use permit to be awarded units from a density pool, evaluation shall be by the City Commission on a case-by-case basis, with review of relevant criteria specified in this division and Code generally. In addition to these criteria, the Commission may consider any proposal requiring a conditional use permit to draw from a density pool on a merit basis to include, but not be limited to, the provision of public benefits such as the following:

(1)

Surplus on-site parking to be reserved for the public, and/or public or private multimodal transportation enhancements;

(2)

Public beach access with an easement made to the City for beachfront properties that are not otherwise required to provide access, or wider or multiple public beach accesses for properties required to provide access;

(3)

Additional public art or amenities;

(4)

Public boat slips;

(5)

Workforce housing;

(6)

Integration of additional green building principles, or other principles such as wellness, into new development or redevelopment projects;

(7)

For Gulf-front properties not otherwise required to provide such, an unimproved public access easement landward of the mean high water line;

(8)

Additional landscaping above and beyond existing Land Development Code requirements.

(9)

Other public benefits proposed by citizens or the applicant at community meetings, which may be considered by the City Commission.

It is the intent of the city that requests for public benefits such as those listed above be considered within the contexts of the scale of the development proposal, the local and citywide impact of the proposal, the size and proportion of the density pool request, and the degree to which the benefits proposed and development itself advance the goals, objectives and/or policies of the district specifically and the Community Redevelopment District generally. This list is not considered to be exhaustive, nor is any one benefit or set of benefits required to be included in a proposal unless said benefit(s) are made condition(s) of development approval by the City Commission.

(Ord. No. 2005-44, § 1, 12-13-05; Ord. No. 2015-22, § 3, 12-15-15; Ord. No. 2020-14, § 2, 9-28-20)

(a)

Development agreements may be a required condition of conditional use approval.

(b)

All development agreements shall comply with the standards and procedures set forth in F.S. §§ 163.3220 through 163.3243.

(c)

The development agreement shall be in a format prescribed by the city.

(Ord. No. 2005-44, § 1, 12-13-05)

Appeals from decisions made under this section may be taken in accordance with the provisions of section 3.14 of this division.

(Ord. No. 2005-44, § 1, 12-13-05)