[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.
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.
[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.
[Amended 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09]
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, which shall make recommendations to 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.
[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]
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. Prior to consideration by
the City Commission, the variance request shall be submitted to the
City Commission for its review and recommendation. In considering
variance requests, the City Commission shall make findings on the
six criteria listed below and shall make a recommendation for approval
or denial. The Commission shall not grant a variance unless the Commission
finds affirmatively on the following six criteria:
[Amended 1-12-2016 by Ord. No. 2015-09]
(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 making a recommendation, the City Commission may suggest that
conditions be attached to the variance. 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.
[Amended 1-12-2016 by Ord. No. 2015-09]
[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]
A.
Prior to consideration by the City Commission, all requests for special
exception use permits shall be submitted to the City Commission for
its review and recommendation. In considering requests for special
exception use permits, the City Commission shall make findings on
the four criteria listed below and shall make a recommendation for
approval or denial. The Commission shall not grant a special exception
use permit unless the Commission finds affirmatively on the following
four criteria:
B.
In making a recommendation, the City Commission may suggest that
conditions be attached to the special exception use permit. 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.
[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]
A.
Prior to consideration by the Commission, all requests for rezoning
shall be submitted to the City Commission for its review and recommendation.
In considering a request for rezoning, the City Commission shall make
findings on the criteria listed below and shall make a recommendation
of approval or denial. 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 making a recommendation, the City Commission may suggest that
conditions be attached to the rezoning. 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.
[Amended 1-24-1995 by Ord. No. 94-25; 1-12-2016 by Ord. No. 2015-09]
A.
Prior to consideration by the Commission, an application for subdivision
approval shall be submitted to the City Commission for its review
and recommendation. In considering applications for subdivision approval,
the City Commission shall make findings on the criteria listed below
and shall make a recommendation for approval or denial. 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 making a recommendation, the City Commission may suggest that
conditions be attached to the subdivision approval. 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.
[Amended 1-24-1995 by Ord. No. 94-25
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 both the
City Commission meeting and the public hearing before the City Commission.
[Amended 1-12-2016 by Ord. No. 2015-09]
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 first 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 both the City Commission meeting and the City Commission meeting
and shall be published in a local daily newspaper a minimum of 10
days before the Planning and Zoning meeting.
[Amended 4-9-2002 by Ord. No. 2002-01; 1-12-2016 by Ord. No. 2015-09]
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
Planning and Zoning meeting and shall remain posted until the day
following the City Commission meeting.
[Amended 4-9-2002 by Ord. No. 2002-01]
A.
Any approved project, special exception use or variance granted hereunder
must be exercised within 12 months from the date of its authorization.
[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.
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]
