ADMINISTRATION. Comprehensive Plan Preparation Demographic Data Base/Census GIS/Graphic Support HPC Staff Support PC Staff Support DEVELOPMENT

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1 ADMINISTRATION DIRECTOR ASSISTANT DIRECTOR Computer Specialist GIS Specialist 2 Administrative Assistant Administrative Secretary Office Systems Assistant DEVELOPMENT SERVICES DEPARTMENT Comprehensive Plan Preparation Demographic Data Base/Census GIS/Graphic Support HPC Staff Support PC Staff Support URBAN PLANNING, DESIGN & HISTORIC PRESERVATION DEVELOPMENT REVIEW SERVICES CONSTRUCTION SERVICES & PERMITTING 4 PLANNER III 2 PLANNER II 3 PLANNER I All State Agencies Capital Improvement Program Community Redevelopment Agency Concurrency Management Disaster Mitigation Planning Historic Preservation Impact Fees Intergovernmental Coordination Legislative Studies Neighborhood Design Review Planning Studies TBRPC/PPC Staff Support ZONING OFFICIAL DEPUTY ZONING OFFICIAL 2 PLANNER III 3 PLANNER II 2 PLANNER I 2 PLANNING TECHNICIAN Adult Use Regulation Development Regulation Information Development Regulation Preparation Development Review Staff Support Dock Setback Review EDC Staff Support Group Home, ECLF s, etc. Legislative Review Plats, Vacations, Lot Line Adjustments Property Card Interpretations Sidewalk Café Permits Site Plan Review Sign Reviews Special Exception Review Special Studies Preparation Urban Forestry & Tree Permitting Zoning Code Review Zoning & Subdivision Administration BUILDING OFFICIAL 2 DEPUTY BUILDING OFFICIALS 2 SUPERVISOR APPLICATION SUPP. SPEC. 3 PLAN REVIEW COORD. 5 PLANS EXAMINER 3 PLAN SUBMITTAL SPECIALIST 20 BUILDING INSPECTOR FEMA COORDINATOR 16 TECHNICIAN 2 ADMIN. SECRETARY Building Code Administration Building Inspections Contractor Registration Demolition authorization Flood Map Determinations Issuance of Alcoholic Beverage Licenses Issuance of Building & Service Permits Issuance of Cert. of Occupancy (new & business) Issuance of Sign Permits New Addresses & Change of Address Plans Review Property Card Records Maintenance

2 Application for Development Check Zoning of property for: 1) Use 2) Compliance w/standards complies not allowed in district Apply for Rezoning Is property within Community Redevelopment Area? no yes In compliance with plan? yes Is property within Environmental Preservation Area? yes < 10% encroachment? no EDC no yes approve staff can approve Is property within Historic District or designated? yes consistent with COA standards? no issued no appeal to HPC no end deny end Planning Commission approved City Council approved denied denied Is Land Use Plan Amendment required? no yes option to appeal end Permitted Principle Use, no variances Permitted Principle Use, with variance(s) Special Exception Use, with/without variance(s) Pinellas Planning Commission denied end approved single family commercial Board County Commissioners denied end approved BOA EDC end deny deny option to appeal approve approve end deny City Council approve Submit Building & Site Plan Is site within Neighborhood Design Review area? no yes Review by NDR staff Review by Zoning Staff & Construction Plans Examiners approve rejection Plan returned for correction Permit Issued Inspections approve C.O. Issued if business Business License issued

3 Land Use Plan & Zoning Amendments: All property within the City has a (future) land use map designation and zoning designation. Land use designations are identified in the St. Petersburg Comprehensive Plan; zoning districts are defined in the Zoning Ordinance, City Code Chapter 29. Each zoning district contains specific development regulations, including lists of permitted principle and special exception uses, lot requirements, maximum lot development potential, yard set-back requirements, and parking requirements. It is not possible to get a variance to the permitted principle and special exception uses; a land use plan amendment and/or rezoning is required. The application fee is currently $2000 and depending on the size of the property the process may take 10+ months. The City s review of land use plan amendments and rezoning applications includes the Planning Commission and City Council. Staff prepares a report which reviews the information provided in the application, the maximum development allowed under the current and proposed land use and zoning categories, any previous applications on the subject property, any relevant applications proximate to the subject property, anticipated impacts upon adopted levels of service, and information received from adjacent property owner(s) and neighborhood association(s). The criteria for review of these amendments is found in City Code Section , Relevant considerations: (1) Compliance of probable use with goals, objectives, policies and guidelines of the City's Comprehensive Plan. (2) Whether the proposed amendment would impact environmentally sensitive lands or areas which are documented habitat for listed species as defined by the Conservation Element of the Comprehensive Plan. (3) Whether the proposed change would alter population or the population density pattern and thereby impact residential dwelling units and/or public schools. (4) Impact of the proposed amendment upon the adopted levels of service (LOS) for public services and facilities including, but not limited to: water, sewer, sanitation, traffic, mass transit, recreation, stormwater management. The City Manager may require the applicant to prepare and present with the application whatever studies are necessary to make the determination of what impacts the amendment will have on the LOS. (5) Appropriate and adequate land area sufficient for the use and reasonably anticipated operations and expansion. (6) The amount and availability of vacant land or land suitable for redevelopment shown for similar uses in the City or in contiguous areas. (7) Whether the proposed change is consistent with the established land use pattern. (8) Whether the existing 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 a residential to a nonresidential use, whether more nonresidential land is needed in the proposed location to provide services or employment to the residents of the City. (10) Whether the subject property is within the 100-year floodplain, Hurricane Evacuation Level Zone "A", or Coastal High Hazard Area as identified in the Coastal Management Element of the Comprehensive Plan. (11) Other pertinent facts.

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6 Special Exception uses: Each zoning district includes uses defined as special exception uses which are uses which may be appropriate for that property with that zoning designation, but which may have an impact on adjacent properties, therefore a public hearing is held for each proposed special exception use, and adjacent property owners notified. Staff prepares a report which reviews the information provided in the application, the maximum development allowed under the current and proposed land use and zoning categories, any previous applications on the subject property, and information received from adjacent property owner(s) and neighborhood association(s). Applications for special exception uses are evaluated using criteria in City Code Section 29-90: (1) Ingress and egress to the development and proposed structures and all with particular reference to automotive and pedestrian safety, separation of automotive, bicycle, traffic and control, provision of services and servicing of utilities and refuse collection and accesses 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 Pinellas County, respectively. (2) 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. (3) 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. (4) Drainage on 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, subject to approval by the City Manager, or such official's designee, of a drainage plan as required by chapter 16, article VI (City Drainage Ordinance), County ordinance, or SWFWMD. (5) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety and compatibility and harmony with adjacent properties. (6) 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. (7) 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. (8) Substantial detrimental effects of the use, including evaluating the impacts of a concentration of similar or the same uses and/or structures, on property values in the neighborhood. (9) Substantial detrimental effects of the use, including evaluating the impacts of a concentration of similar or the same uses and/or structures, on living or working conditions in the neighborhood. (10) 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. (11) Land area is sufficient, appropriate and adequate for the use and reasonably anticipated operations and expansion thereof. (12) General amenities included as part of the development complement the character of the surrounding area. (13) Landscaping and preservation of natural manmade features of the site including trees, wetlands, and other vegetation.

7 (14) 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. (15) Availability of hurricane evacuation facilities for developments located in the hurricane vulnerability zones. (16) Meets adopted levels of service. Meets 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. f. Mass transit. g. Traffic. (17) The use is consistent with the comprehensive plan.

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10 Variances in application of the standards of a zoning district to a specific property may be approved if the specific property (not the owner) has a unique or peculiar characteristic which creates a hardship when the regulation is strictly applied. The City s Board of Adjustment reviews variances for single family property; the EDC reviews variances associated with site plan and special exception applications. City Code Section provides the Board of Adjustment s review criteria: The Board may authorize such variance from the provisions of Chapters 16 and 29 and other chapters which specifically provide for variances that comply with the requirements of this Section; provided, however, that the Board shall not grant a variance until: a. An application for such variance has been received by the POD, stating the special conditions and circumstances applying to the building or other structure or land for which such variance is sought. The application shall demonstrate that the existing conditions and circumstances are such that the strict application of the provisions of this provision 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. 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. b. The Board has received a report from the POD which evaluates the application based on the criteria required by this section. c. The Board holds a public hearing after written and posted notice has been given to the extent provided by Chapter 30. d. The Board finds that all of the following criteria have been met: 1. Special conditions exist which are peculiar to the land, buildings, or other structures for which the variance is sought and do not apply generally to lands, buildings, or other structures in the same district; 2. Strict application of the provisions of the chapter would provide the applicant with no means for reasonable use of the land, buildings, or other structures; 3. The peculiar conditions and circumstances existing are not the result of the actions of the applicant; 4. The reasons set forth in the application justify the granting of a variance; 5. The variance proposed to be granted is the minimum variance that will make possible the reasonable use of the land, building, or other structure; 6. Owing to special conditions, a literal enforcement would result in unnecessary hardship; 7. The granting of the variance will be in harmony with the general purpose and intent of this chapter; and 8. The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. e. Special conditions to be considered pursuant to subparagraph d.1. above shall include, but not be limited to, the following circumstances: 1. Redevelopment. If the proposed project involves the redevelopment or utilization of an existing developed or partially developed site. 2. Substandard lot(s). If the proposed project involves the utilization of an existing legal nonconforming lot(s).

11 3. Preservation area. If the proposed project site contains a designated Preservation Area. 4. Historic resources. If the proposed project site contains historical significance. 5. Significant vegetation or natural features. If the proposed project site contains significant vegetation or other natural features. 6. 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. 7. Public facilities. If the proposed project involves the development of public parks, public facilities, non-governmental or public educational facilities, colleges and private schools and universities, public utilities or hospitals.

12 BOARD OF ADJUSTMENT TH STREET NORTHEAST AREA TO BE APPROVED, SHOWN IN CASE NUMBER N SCALE: Not to Scale

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14 Dock construction is regulated by the Pinellas County Water & Navigation Control Authority. The City s role in the dock application review process is for zoning criteria, found in City Code Section : Development Standards. Applications for docks shall be permitted when such applications comply with the following requirements: (a) Side setbacks. Side setbacks shall be measured from the side lot lines of platted water lots or from the projected lot lines of contiguous platted lots. Side setbacks shall meet the following criteria: (1) Tie poles and boat lifts shall be setback at least ten (10) feet except that for lots with less than twenty (20) feet of waterfront frontage the setback shall be at least five (5) feet. Setbacks for boat lifts may be reduced to eight (8) feet when added to existing docks which are setback twenty (20) feet or more from the side lot line. (2) For lots with fifty (50) or more feet of waterfront frontage, all portions of docks shall be setback at least twenty (20) feet from the side lot line. (3) For lots with more than twenty (20) feet and less than fifty (50) feet of waterfront frontage, all portions of docks shall be located within the middle one third of the lot. (4) For lots with twenty feet (20') or less of waterfront frontage, all portions of docks shall be setback at least five (5) feet from the side lot line. (b) Waterway encroachment. No portion of a dock may encroach into the waterway more than twenty-five percent (25%) of the width of the waterway.

15 (c) Visual obstruction. No vertical side of a dock related structure shall be enclosed with any wall or barrier which is not of see-through construction (stockade or shadowbox fence are not see-through). Railing systems are permitted, provided that the rails comply with the opacity and height standards for fences in waterfront yards. (d) Roof canopy structures. The maximum pitch of any roof or canopy constructed as part of a dock structure shall not exceed one (1) foot of elevation per every twenty (20) feet of horizontal coverage. Docks which have received variances to the side setbacks or are on lots with less than fifty (50) feet of waterfront frontage shall not be permitted to have a canopy. Boathouses are prohibited. (e) Maximum surface area. The maximum area of the dock shall be calculated based upon the amount of waterfront frontage of the lot. Four(4) square feet of dock shall be allowed for each foot of frontage of the lot along the water. Provided it is four (4) feet wide or less, a walkway of up to fifty (50) feet in length shall not count towards the maximum surface area. All portions of a walkway greater than four (4) feet in width or fifty feet in length shall count towards the maximum surface area. (f) Mooring of boats. Docks shall not be designed or constructed to accommodate more than two boats in or above the water by any means (e.g. slips, davits, lifts, tie poles) except that a cradle which will hold two motorized boats less than twelve (12) feet in length shall be allowed for the designated locations. Other than for access from the upland, the walkway and head of a fishing pier or observation deck must have a continuous railing which prevents ingress and egress from a boat. (g) Environmental impact. Construction of docks which results in an adverse environmental impact but complies with the aforementioned criteria shall be required to mitigate adverse environmental impacts pursuant to mitigation standards established for environmental preservation areas as described in the City s Land Development Regulations. (h) Ownership. Evidence of ownership or a written lease of the submerged land upon which work is proposed. Such evidence of ownership may include, in the discretion of the POD, an affidavit of ownership executed by the owner of the property. (i) Minimum water depth. A minimum depth of -1.5 mean low water datum is required.

16 There shall be no minimum water depth requirement for a dock constructed and restricted solely for use as a fishing pier or observation deck. Variances to the required side setback are addressed in City Code Section16-259: Requests for variances from the requirements of this Article shall be heard by the Environmental Development Commission after following the criteria, standards and procedures set forth in Chapter 29. The POD shall have the power to grant variances only to the side setback requirements by following the criterial established and procedures for POD approvals set forth in Chapter 29. The notice requirements of Chapter 30 are not required to be followed if notarized letters of approval from the owners of lots within two hundred (200) feet of the side(s) where a side setback variance is requested are provided. Those letters may be considered as evidence that the variance criteria have been met.

17 Current Configuration of Development Services Commissions Environmental Development Commission Reviews special exception applications, commercial site plans including variances, for consistency with City Code requirements and relevant considerations. Applications except docks can be appealed to City Council. Duties: 1. Review all Special Exception applications 2. Review Site Plan applications plans as follows * Site plans exceeding the square footage threshold * Site plans for special exception uses. * Site plan modifications which cannot be approved by the POD. 3. Review and approve variances to site plans and site plan modifications 4. Review and make recommendations as to requests for street, alley, and access easement vacations. 5. Review and approve lot line adjustments which require variances. 6. Review and approve preliminary plats which require variances. 7. Review and approve variances for signs associated with a site plan or special exception requiring EDC review. 8. Review and approve variances for height associated with a site plan or special exception requiring EDC review in the Whitted Airport zoning area. 9. Review and approve projects with any of the following variances: preservation area setback; interior parking lot landscaping, and dock setbacks. 10. Review and approve Community Residential Homes with variances. 11. Review and approve the Transfer of Development Rights (TDR). Board of Adjustment Reviews primarily single family residential applications for encroachment in required setbacks, also multifamily unit reinstatement and redevelopment plans for consistency with City Code requirements and variance criteria. Appeal is to Circuit Court. Duties: 1 Review technical appeals of POD interpretations. 2 Review variances not associated with an EDC-required review (e.g. single-family building addition requiring a setback variance). 3 Review reinstatement of abandoned uses. 4 Review variances from required flood plain/finished floor elevation requirements.

18 5 Review variances for signs, other than those associated with a site plan or special exception approved by the EDC. 6 Review variances for height within the Whitted Airport zoning area, except for those associated with a site plan or special exception approved by the EDC. Planning Commission Serves as Local Planning Agency reviewing amendments to Land Development Regulations and Comprehensive Plan for consistency with Comprehensive Plan; making recommendation regarding final action by City Council Duties: 1. Review text amendments to the Comprehensive Plan. 2. Review applications to change land use of property 3. Review requests to rezone property. 4. Review requests for annexation. 5. Review Evaluation and Appraisal Report to Comprehensive Plan Historic Preservation Commission Reviews applications for historic designations, making recommendations regarding final action by City Council, and reviews and hears appeals of certificate of appropriateness applications Duties 1. Review applications for buildings and sites to be designated historic by the City 2. Review and approve Certificates of Appropriateness for the following actions affecting a designated landmark site or historic district: a. Alteration of the exterior part of a building or structure; b. New construction; c. Demolition; and d. Relocation. 3. Review applications for Street Name Changes.

19 Quasi Judicial Process All property-specific applications which come before any Board or Commission are quasi judicial in nature meaning the Board/Commission members act in the role of a "judge" and therefore, are required to follow certain procedures and base their decision on factual evidence. Before and After the Meeting: Board or Commission members must make their decisions based on the testimony and evidence presented during the hearing, and therefore cannot discuss applications coming before their board with other members or the public. If a member has received information about a case outside of the hearing, for example, letters, s or phone calls received they may disclose at the hearing that they have received this information. During the Meeting: In general, the Quasi-Judicial procedures involve the following steps: 1. The swearing in of witnesses will be done en-masse at the beginning of this meeting. Anyone who wishes to speak on any item must be sworn-in prior to testifying. 2. Staff, applicants, and appellant will have a total of ten minutes each to present their case. 3. At the conclusion of the presentations, the public hearing will begin and the public will have three minutes to speak. If you wish to speak please fill out a card and submit this to the Clerk. When called on to speak please come to the podium and state your name and address. We ask that your remarks be brief and not repetitious of prior testimony and provide factual information. Once the Commission Chair closes the public hearing no one from the public may speak. 4. If anyone wishes to utilize the time provided for cross examination and rebuttal as an Opponent, said individual shall notify the Commission Chair prior to the conclusion on the Public Hearing. Persons opposed to the application may select one person to represent them during this phase of the process and shall declare their intent prior to the close of the public hearing. If more than one person wishes to be the Opponent representative then the Commission will choose a single representative to participate in the process. 5. The Cross-examination and Rebuttal phases allows each participant (staff, applicant, and appellant) five minutes each to ask questions of each other. All questions shall be directed to the Chair, who will direct the question to the appropriate person. The Commission Chair will then close the proceedings and go into Executive Action and make a decision. The Commission members may ask questions at any time during the Quasi-Judicial process.

20 Notice For proposed amendments to the City s Comprehensive Plan, Florida Statutes Chapter 163 requires the City to advertise the proposed change in a newspaper of general circulation, in the manner described in Florida Statutes Chapter 166 which states The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinance: (title of the ordinance). A public hearing on the ordinance will be held on (date and time) at (meeting place). Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. For proposed special exceptions, variances, site plans which require public hearings before the EDC or BOA, City Code Chapter 30 specifies several forms of notice will be provided, (b) Notification. No notice other than the required notice set forth above shall be required; however, the City Council recognizes the importance of community involvement in many proceedings which may or may not provide notice by law. In an attempt to provide such involvement, and to provide courtesy notification of such proceedings to property owners and residents in affected neighborhoods and to other interested parties, it shall be the intent of the City Council to provide the following supplemental notice. This notice is directory, and not mandatory, the failure to provide any supplemental notice shall not invalidate any action by the Mayor or the POD, any boards or commissions of the City or City Council nor shall it create any right in any

21 person to receive such supplemental notice. (1) Written notice. Notice shall be mailed to the owners of property as listed by the Pinellas County Property Appraiser's Office any portion of which is within 200 feet of any portion of the subject property measured by a straight line, property line to property line. Any other person who has on file with the POD a request to be notified shall also receive notification by regular mail. a. A body of water, right-of-way, or publicly owned land located within the 200 feet notification distance, shall be excluded from the calculation of the 200 feet measurement unless the body of water, right-of-way, or publicly owned land cumulatively exceeds 400 feet, measured along a straight line from the property line of the subject property to any other property which is not a body of water, right-of-way, or publicly owned land in which case the said body of water, right-of-way, and publicly owned land shall be included in the measurement of the 200 feet distance. b. 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. c. The applicant shall obtain from the POD the necessary copies of a notice and notification list showing the properties which must receive notice. For the purposes of this chapter, the term, the applicant, shall also include the appellant in an appeal. d. Not less than ten days prior to the date of the scheduled public hearing, the applicant shall deliver or send a copy of said notice to all persons listed on the notification list. Notice shall be either delivered or mailed by U.S. Mail with a U.S. Postal Service certificate of mailing returned to the City. If said notice is delivered, the receipt therefore shall be acknowledged by the signature of the person on the notification list and the applicant shall file a sworn statement thereof in a form acceptable to the POD. e. 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. f. For property in condominium or cooperative ownership which falls within 200 feet, only the association shall be notified. (2) Published notice. Notice of the public hearing shall be published by the City in a locally distributed newspaper at least ten days prior to the public hearing. Published notice shall apply only to public hearings concerning special exceptions and site plans. (3) Posted notice. Notice of the public hearing shall be posted on the subject property by the applicant at least ten days prior to the public hearing. (4) The written, published and posted notice shall identify the subject 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 (i.e. variance, lot line adjustment, site plan). The notice need not specify any details of the proposed request.

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