Applications and Procedures City of St. Petersburg City Code Chapter 16, Land Development Regulations

Transcription

1 City of St. Petersburg City Code Chapter 16, Land Development Regulations Article Applications and Procedures Sections: Applications and Procedures Optional Pre-Application Conference Determination of Completeness Definitions Supplemental Notice Supplemental Notice Rehearing Appeals Withdrawal Successive Applications Extensions and Duration of Approvals under these Land Development Regulations Extensions and Duration of Approvals under the Previous Code; Modifications Building Permits Building Permits Zoning Permits Zoning Permits, Generally Adult Use Permit Dock Permit Dog Dining Permit Landscape Permit Pushcart Vending Permit Roadside Vending Market Permit Sidewalk Café Permit Sidewalk Retail Display Permit Sign Permit Temporary Parking Lot Permit Temporary Use Permit Tree Removal Permit Planning and Zoning Decisions Planning and Zoning Decisions, Generally Amendments to the Comprehensive Plan and LDRs Bonus Approval, Streamline (Downtown Center) Bonus Approval, Public Hearing (Downtown Center) Site Plan Review Special Exceptions Variance, Generally Variance, Adult Use Regulations Variance, Albert Whitted Airport Regulations (reserved) Variance, Design Standards Variance, Drainage and Surface Water Management Variance, Floodplain Management (reserved) Reinstatement of Abandoned Uses Redevelopment of Grandfathered Uses Transfer of Development Rights, Environmental Transfer of Development Rights, Historic Workforce Housing 1 Revised

2 City of St. Petersburg City Code Chapter 16, Land Development Regulations Subdivision Applications Subdivision Decisions, Generally Vacating Public Rights-of-Way, Easements and Walkway Lot Refacing Lot Line Adjustment Street Name Change and Co-Naming of Streets Street Closing, Temporary Street Closing, Permanent Preliminary Plat Final Plat Design and Historic Preservation Design Review Historic Designation of Property Certificate of Appropriateness for Historically Designated Property Ad Valorem Tax Exemption for Historically Designated Property Supplementary Procedures Supplemental Procedures, Generally Property Card Interpretation Zoning, Rebuild and Buildable Lot Letter This Section establishes common elements for processing development permits for the development and redevelopment of property. These include initiation of the application process, completeness review, decision-making, approval criteria, restrictions on subsequent applications, scope of approval and recording procedures Applications and Procedures Optional pre-application conference An applicant for development may request an informal conference with the City professional staff prior to filing an application for the purpose of discussing the proposed development and to identify the views and concerns of the applicant and the City s professional staff. In certain situations a fee may be charged Determination of Completeness All applications shall include the information required and any additional information (including studies) reasonably required by the POD to review the request. If an application does not include the information required, the POD shall reject the application with an explanation of the deficiencies. The application shall not be processed until all the required information is provided. The POD may waive an application submittal requirement if: (1) the required information is readily available from existing sources, or (2) the information is not required due to unique circumstances Definitions. As used in this section: Appellant means the person seeking review of a decision. Applicant means the person who requested the decision. "Application" means an application or request for approval of an amendment to the future land use map of the comprehensive plan, the zoning map, or an application or request to approve a special exception, site plan, variance, redevelopment plan, or reinstatement. 2 Revised

3 City of St. Petersburg City Code Chapter 16, Land Development Regulations Commission means a board, committee or commission of the City other than the City Council. Decision means a decision of the POD or a decision of a Commission. The term includes but is not limited to property card interpretations and zoning, rebuild or buildable lot letters. The term does not include any staff report to a Commission, the City Council, or any officer or employer of the City. Render means, with respect to decisions of the POD, that the decision has been reduced to writing, signed by the POD, and mailed or delivered to the applicant. With respect to decisions of a board or commission, the term means a vote has been taken and the results have been announced by the Chair Supplemental Notice. A. The City Council, Development Review Commission, Planning and Visioning Commission, and Community Preservation Commission shall provide the supplemental notice set forth in this section for public hearings. For those applications which the POD has the authority to review and approve and which are made appealable to a board or commission of the City or City Council, the POD shall comply with the written and posted supplemental notice requirements set forth in this section. Such supplemental notice shall only apply to decisions of the POD which are made concerning a written request or application for which the applicant has paid a fee and for which the POD gives a written approval or denial. B. Notification. No notice other than the notice required by Florida Statutes shall be required; however, the City Council recognizes the importance of community involvement in many proceedings for which notice is not required by Florida Statutes. In an attempt to facilitate such involvement, and to provide courtesy notification of such proceedings to property owners and residents in affected neighborhoods and to other interested parties, it is 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 person to receive such supplemental notice. 1. Written notice. Notice shall be mailed by the applicant 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. For applications to vacate rights-of-way, easements, and walkways, mailed notice shall also include all property owners within the blocks abutting the requested vacation and property owners within 200 feet of such blocks. 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-ofway, or publicly owned land in which case the 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 3 Revised

4 City of St. Petersburg City Code Chapter 16, Land Development Regulations 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 a copy of the notice and the procedures for notification of property owners who 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 or the POD decision. f. For property in condominium or cooperative ownership which falls within 200 feet, only the association shall be notified if the current or proposed use of the property which is the subject of the application is a single family, duplex, or triplex residential use. If the current or proposed use of the property is any other use, then the owner of each unit in the structure shall be provided notice, in addition to the association. 2. Published notice. Notice of the public hearing shall be published by the applicant in a locally distributed newspaper at least ten days prior to the public hearing. Published notice shall only be required for public hearings concerning special exceptions and site plans. The applicant shall file an affidavit of publication provided by the newspaper with the POD not less than seven days prior to the date of the scheduled public hearing or the POD decision. 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 notices shall identify the 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 (e.g., variance, lot line adjustment, site plan). The notice need not specify any details of the proposed request. 5. One (1) complete copy of each application to the Development Review Commission (DRC) and Planning and Visioning Commission (PVC) shall be provided by the applicant to the neighborhood and business association representatives listed by the POD. The term, complete shall include one (1) copy of the information required and any additional information (including studies) required by the POD to review the request. The application shall be either delivered or mailed by U.S. Mail with a U.S. Postal Service certificate of mailing returned to the POD. Proof that a copy of the application was mailed or delivered shall be delivered to the POD within seven days of application submittal. The POD may stop action on the application until receipt of such proof of mail or delivery. C. 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. If any supplemental notice as described herein is not provided for any hearing, the Mayor, POD, board or commission or City Council may take the following action. 4 Revised

5 City of St. Petersburg City Code Chapter 16, Land Development Regulations 1. Failure of an appellant to provide any supplemental notice or failure to file proof of written or published notice as required shall result in the automatic dismissal of the appeal at the time the failure is discovered. 2. If the POD is notified of or discovers a failure to provide supplemental notice before noon on the day before the public hearing, the POD may cancel the public hearing, reschedule the public hearing and require new notice to be given. The POD should only take this action if: (1) it appears from the information provided that the holding of the hearing would work a substantial hardship on the person who did not receive notice; (2) such substantial hardship is different from the hardship the person would have suffered had he received the notice; (3) such hardship cannot be corrected or mitigated prior to the scheduled public hearing and; (4) rescheduling would not work a substantial hardship on other persons who received notice or the applicant. Should the POD determine not to cancel the public hearing, the board, commission or City Council hearing the application may continue the public hearing to another day if it determines that circumstances warrant a continuance. 3. If the POD is not notified of or does not discover a failure to provide supplemental notice until after the time set forth above then the POD shall not cancel the public hearing. The board, commission or City Council hearing the application may, at the public hearing, weigh the effect the failure to provide supplemental notice may have and may choose to continue the public hearing if circumstances so warrant. 4. If the POD is not notified of or does not discover a failure to provide supplemental notice until after the public hearing has been held, then none of these actions shall be taken Rehearing. An applicant, following a quasi-judicial decision of the City Council or a quasi-judicial decision of a commission that is not appealable to City Council may request a rehearing. A. The City Council or commission shall not rehear an application unless: 1. There has been faulty notification to the applicant, or 2. New evidence is discovered by the applicant after the hearing which would likely change the result if a new hearing is granted and which could not have been discovered before the hearing by due diligence. 3. There is a substantial change of circumstance. B. If either of these conditions is alleged to exist, then a request for rehearing may be made by the original applicant or the City staff within 10 days of the original decision by filing a written request for rehearing with the POD. 1. If a request for rehearing is based on newly discovered evidence, documents supporting that evidence shall be served with the application. 2. A request for rehearing shall be heard at the next regularly scheduled meeting following the receipt of the request and, based upon the information before it, City Council or the commission shall issue an order denying or granting a rehearing. 3. If a request for rehearing is granted, the application shall be scheduled for a public hearing after the required fee, if any, has been paid and notification has been made as required for the first hearing by the person requesting the rehearing. 5 Revised

6 City of St. Petersburg City Code Chapter 16, Land Development Regulations 4. If a request for rehearing is timely filed, such filing tolls the time in which to seek judicial review of the decision until an order is rendered denying the request for rehearing. If a request for a rehearing granted, the time in which to seek judicial review shall begin when an order is entered at the rehearing on the application Appeals A. Applicability. 1. This section establishes procedures that shall apply to any appeal which is expressly authorized by this Chapter. This section does not create a right to an appeal. This section shall not apply to any request for judicial review which may be available as and to the extent permitted by Florida or federal law. This section shall not apply to any action initiated by the City Council which is referred to any Commission for review and recommendation to City Council. 2. Except as otherwise expressly provided in this Chapter, a. Decisions of the PVC to approve or deny an application may be appealed to City Council. b. Decisions of the DRC to approve or deny an application may be appealed to City Council except decisions to approve or deny an application related only to docks which shall not be appealable to City Council. c. Decisions of the CPC to approve or deny an application shall not be appealable to City Council except decisions to approve or deny an application related only to certificates of appropriateness which may be appealed to City Council. d. Decisions of the POD to approve or deny an application which are streamlined may be appealed to the commission which would hear the request if the application does not meet the Standards for Review. e. The City may not establish appellate jurisdiction of the courts; however, if allowed by the Florida Rules of Appellate Procedure or other rule or judicial decision, certain decisions of the City Council and certain decisions which may not be appealed to City Council or a commission may be subject to judicial review. B. Who may appeal. Any appeal allowed by this Chapter may be made by any resident of the City unless otherwise specifically provided by this Chapter. The City Council shall have the power on its own motion to review on appeal a decision of any Commission concerning any matter upon which a Commission has acted within 10 days of the decision. C. Time for filing notice of appeal. A notice of appeal shall be filed in writing not later than 5:00 p.m. on the tenth day after the decision sought to be reviewed has been rendered, except that notice of appeal of a property card interpretation or zoning, rebuild or buildable lot letter shall be filed not later than the thirtieth day after the PCI or letter is rendered. If the tenth or thirtieth day falls on a day the City Clerk s Office is closed, then this period shall expire at 5:00 p.m. on the next business day which the City Clerk s Office is open. D. Place for filing notice of appeal. A notice of appeal shall be filed with the City Clerk, who shall transmit a copy thereof to the POD and, if the appeal is from a decision of a Commission, to the clerk of the Commission. The City Clerk shall not accept any appeal 6 Revised

7 City of St. Petersburg City Code Chapter 16, Land Development Regulations which is not in writing, for which the appeal period has expired, or which does not include the required fees and costs. E. Costs and fees for appeal. The Appellant shall pay the City for the actual costs of notices required to be mailed or published by the City. The City Council may, by resolution, adopt a schedule of fees to be paid in connection with any appeal. Payment of costs (or an estimate by the POD of the anticipated costs) and fees shall be required at the time the notice of appeal is filed. F. Contents of notice of appeal. A notice of appeal need not be in any particular form but shall include as a minimum the following information: The name and address of the appellant, and of legal counsel for the appellant if represented by counsel; a summary of the decision sought to be reviewed; and a summary of the basis for the appeal. If the appeal claims incompatibility with the Plan, all the specific Plan sections with which the decision is claimed to be incompatible shall be identified. If additional incompatible Plan sections are identified after the notice of appeal is filed, the City and Applicant shall be notified thereof in writing by the Appellant not less than two weeks prior to the hearing on the appeal. A copy of the decision or staff report shall be filed with the notice of appeal G. Stay pending appeal. 1. No building permit or other development order shall be issued until the expiration of the appeal period. 2. The filing of a notice of appeal shall stay all proceedings in furtherance of the decision which is the subject of the appeal until a final decision is made by the Commission or City Council. The POD shall issue no building permit or other development order that the applicant would not be entitled to in the absence of the decision. The applicant may file plans or other information for review pending the outcome of the appeal, but the filing of such plans or other information shall create no rights in the applicant to any building permit or other development order. 3. A stay may be lifted by the Commission, in an appeal from a decision of the POD, or by the City Council, in an appeal from a decision of a Commission, if the applicant applies to lift the stay within ten days following filing of the notice of appeal and certifies that, because of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In any such case, the stay shall be deemed lifted unless and until the Commission or the City Council, as may be appropriate, issues its order granting or denying the application for stay, after notice to the appellant and the POD and upon due cause shown. 4. Any person who materially changes his or her position in reliance upon the lifting of a stay while an appeal is pending does so at his or her sole risk. H. Notices of hearing of appeal. 1. Notice of the date, time and place of the hearing of an appeal shall be provided by handdelivery or by mail to the Applicant and to the Appellant if the Appellant is not also the Applicant. 2. Notice shall be provided as set forth in the Notices Section above. 3. Failure to give such notice, except notice to the Applicant and Appellant, shall not affect the action of the Commission or the City Council. 7 Revised

8 City of St. Petersburg City Code Chapter 16, Land Development Regulations I. Hearing of appeal. 1. In an appeal from a decision of the POD, the appeal shall be heard by the Commission which is expressly authorized to hear the appeal. 2. The City Council shall hear the appeal from a decision of any Commission for which an appeal to the City Council is expressly authorized by this Chapter. Notice of a hearing by the City Council shall be provided as set forth in the Notices Section above. If the decision appealed is a recommended denial of a proposed ordinance, the hearing on the appeal shall also be the public hearing for the ordinance and shall be scheduled at a time after first reading of the ordinance. The City Council shall have all the powers concerning the item on appeal as the Commission had initially. The City Council shall follow all applicable ordinances in arriving at its decision, may receive new evidence and shall not be bound by the strict rules of evidence. 3. An appeal shall be heard within 60 days of the filing of the notice of appeal. Following the conclusion of the hearing, the Commission or City Council may deny the appeal and approve the decision, grant the appeal in part and approve the decision with modifications, or grant the appeal and reverse the decision. The Commission or City Council may request any party to provide additional applicable information, which shall be considered within 20 days of receipt thereof. 4. The City Council may remand the matter back to the Commission for review of modifications of the decision if, in the judgment of the City Council, further consideration and modifications appear necessary or reasonable in light of information introduced during the appeal which was not heard by the Commission. In such event, the Commission shall make a recommendation upon such modifications with or without a public hearing, but after the standard notification, and make its recommendations to the City Council which may approve or disapprove the modifications and may impose its own conditions and modifications using the standards provided in this Chapter. 5. Supermajority vote. A supermajority vote of the City Council shall be required in order to reverse a decision made by the Development Review Commission, Planning and Visioning Commission or Community Preservation Commission to approve, approve with conditions, or deny an application which is properly before the City Council or, in an historic designation application, to approve a designation over an owner's objection. For the purposes of this paragraph, reverse does not mean adding, changing, or removing conditions of approval, or changing a zoning or land use designation to a lesser intense designation. Supermajority means, if eight members are present and voting, an affirmative vote of at least six members and, if less than eight members are present and voting, an affirmative vote of at least five members Withdrawal An applicant may withdraw his or her application at any time prior to a final decision. The process shall end upon receipt of written notice thereof or an oral request made at a public meeting Successive Applications A. If an application is submitted to a Commission for review and recommendation or for a decision, and if the Commission denies or recommends denial of the application, and if the action of the Commission is not reversed by the City Council (or if the applicant does not appeal the action of the Commission to the City Council), the same or a substantially similar application shall not be accepted by the POD within 18 months following the action of the Commission on the earlier application unless the applicant demonstrates that there has been 8 Revised

9 City of St. Petersburg City Code Chapter 16, Land Development Regulations a substantial change of conditions or character of the surrounding land area or the land in question. B. A decision by the POD not to accept an application may be appealed by the applicant to the Commission which acted upon the earlier application by filing a notice of appeal as provided in the Appeals Section. C. If the Commission upholds the decision not to accept the application, the applicant may appeal the decision to the City Council by filing a notice of appeal as provided in the Appeals Section. D. A decision by the POD to accept an application is not appealable. E. This section shall not apply to City Council initiated applications Extensions and Duration of Approvals under these Land Development Regulations A. Duration of Approvals. 1. Any application approved pursuant to this code on or after September 10, 2007 shall remain valid for three (3) years from the date of approval except: a. approvals for property within an activity center which are greater than 60 dwelling units or 250,000 sf shall remain valid for five (5) years, b. development permits subject to the building, fire, and engineering codes, and c. approvals of applications for which a specific expiration date(s) is established by the approval. 2. Applicants may request up to two (2) 2-year extensions from the POD. The application shall be revised to comply with any code amendments that were adopted after the original approval, unless a variance is granted. 3. After the original approval and any approved extension(s) have expired without substantial construction commencing, the approval shall be void and a new application shall be required. 4. Phased projects, including rehabilitation of existing building(s), shall be approved in such a manner that each phase can reasonably be started within two (2) years from the date the certificate of occupancy is issued for the previous phase, unless a shorter compliance period is required by the POD or Commission. 5. Approved applications for which substantial construction has commenced shall remain valid subject to compliance with all development permits. 6. School concurrency certificates are valid for two years. Any approved application that is required to obtain a school concurrency certificate shall expire when the school concurrency certificate expires unless a new school concurrency certificate is obtained. 7. New applications for sites with a previously approved application which are submitted in advance of the expiration date of the approval or extension shall have maintained noninterrupted approval for vesting purposes for any other ordinance or code of the City or for any other government approval provided that the new application is approved by the 9 Revised

10 City of St. Petersburg City Code Chapter 16, Land Development Regulations appropriate City body within 120 days after the expiration date of the original approval or extension. B. Extension. Requests for extension of an approval shall be in writing and received by the POD prior to the expiration date of the approval or previously approved extension. A failure to request an extension prior to the expiration of the approval or a previously approved extension or failure to meet all conditions of an approval of an extension shall invalidate the original application approval. Requests for extensions shall address the following matters and may be denied if impacts cannot be adequately mitigated: 1. The extent of actions taken by the applicant to implement the approved development plan including real estate transactions, preparation of construction plans, site preparation and pre-construction sales. 2. The effect of unforeseen circumstances such as changes in economic conditions, cost of materials, and site specific conditions on the approval. 3. The length of additional time estimated by the applicant to be needed to implement the approved development plan. 4. Changes in the City Code that would apply to the property. 5. Changes or new construction on property in the vicinity of the applicant's property which may increase impacts to other properties. 6. Other facts considered relevant to consideration of an extension Extensions and Duration of Approvals under the Previous Code; Modifications A. Site plan and special exception applications approved by the POD, any Commission or the City Council pursuant to the code in effect prior to September 10, 2007 shall remain valid, subject to the following provisions: 1. Approved applications and extensions of approved applications granted prior to September 10, 2007, shall remain valid for the period for which such approval or extension was granted. An applicant with an approved application or extension that is scheduled to expire after September 10, 2007, may request one extension which shall expire on September 9, Requests for an extension shall be in writing and received by the POD prior to the expiration date of the approval or previously approved extension. A failure to request an extension prior to the expiration of the approval or a previously approved extension or failure to meet all conditions of an approval of an extension shall invalidate the original application approval. Requests for extensions shall address the criteria in Section B and may be denied if identified impacts cannot be adequately mitigated. 2. Approvals of applications which were submitted and determined to be complete prior to September 10, 2007 using the land development regulations in effect at that time but which were not approved by such date shall remain valid for a period of five (5) years from the date of approval. No extension may be requested. 3. Approved applications for which substantial construction has not commenced prior to the expiration date shall become null and void unless a new application which complies with the code in effect at that time is submitted in advance of the expiration date. 10 Revised

11 City of St. Petersburg City Code Chapter 16, Land Development Regulations 4. Approved applications for which substantial construction has commenced shall remain valid subject to compliance with all development permits. 5. Phased projects shall remain valid provided that any approved phase and for which substantial construction has not commenced within 24 months after issuance of a certificate of occupancy of the previous phase shall comply with requirements of the code in effect at that time. 6. New applications for sites with a previously approved application which comply with this code and which are submitted in advance of the expiration date of the approval or extension shall have maintained non-interrupted approval for vesting purposes for any other ordinance or code of the City or for any other government approval provided that the new application is approved by the appropriate City body within 120 days after the expiration date of the original approval or extension. 7. Vacations. Any vacation ordinance which was approved prior to September 10, 2007, with conditions of approval that have not been satisfied before September 1, 2009, shall be void on that date. B. Any requested modifications, changes or amendments to any application approved pursuant to the land development regulations in effect prior to September 10, 2007 shall be reviewed using the Land Development Regulations in effect at the time of the requested modification, change, or amendment Building Permits Building Permit A. Applicability. Applications for a building permit shall be reviewed in accordance with Chapter 8 of the City Code. B. Application. Applications for a building permit shall be submitted in a form promulgated by the POD and Chapter 8 of the City Code. 11 Revised

12 Zoning Permits Zoning Permits, Generally A. Application and fee. Applications and Procedures City of St. Petersburg City Code Chapter 16, Land Development Regulations 1. Zoning permits are those permits for a specific use identified in this Section. 2. Applications for zoning permits shall be submitted in a form promulgated by the POD. The information provided on the form shall be supplemented by the information outlined below for the type of permit sought. 3. The application shall be accompanied by a fee in the amount required by the City Council. B. Procedure. 1. An application for a zoning permit shall be reviewed by the POD, who shall determine whether the application conforms to all applicable requirements of this Chapter and the City Code, and with any conditions and restrictions that may have been imposed by any Commission or the City Council. Additional requirements, conditions and restrictions may be required by other sections of this Chapter, and may authorize the POD to impose special requirements, conditions and restrictions, for specific types of zoning permits. 2. If the POD determines that the application conforms to all applicable requirements, conditions and restrictions, the POD shall issue the permit. If the POD determines that the application does not conform to all applicable requirements, conditions and restrictions, the POD shall notify the applicant of the application s deficiencies and shall provide the applicant with a reasonable opportunity to correct the deficiencies. If correcting the deficiencies would require an amendment to the Land Development Regulations or the City Code, or changing the zoning district or future land use category for the subject property, or approval of a variance, the POD shall deny the application. C. Standards for Review. In reviewing an application the POD shall consider whether the application complies with the requirements for the permit outlined below, and all other requirements, conditions and restrictions applicable to the zoning permit requested. D. Scope of Approval. Issuance of a zoning permit authorizes the applicant to use the property which is the subject of the permit for the purposes described in the permit in accordance with all applicable requirements, conditions and restrictions. E. Inspections. Property subject to a zoning permit shall be subject to inspection at all reasonable times by the POD and other officers and employees of the City who are charged with the duty of enforcing the City s building, zoning and other codes and regulations. F. Suspensions and Revocation; appeals. 1. A zoning permit is subject to suspension or revocation, or both, by the POD after notice to the owner and occupant and a reasonable time in which the grounds for suspension or revocation may be corrected, for any of the following reasons: a. Fraud, misrepresentation, or false statement in the application for the permit. b. Fraud, misrepresentation, or false statement made in the course of carrying on business as a holder of the zoning permit. 12 Revised

13 City of St. Petersburg City Code Chapter 16, Land Development Regulations c. Expiration, suspension or revocation of any other governmental permit, license or certificate which was required as a condition of issuance of the zoning permit; provided, that in such cases, the suspension or revocation of the zoning permit shall take effect immediately upon notice to the permit holder unless the other governmental agency has allowed the use or activity to continue during a time to cure period. 2. Following the effective date of a suspension or revocation of a zoning permit, it shall be a violation for any person to engage in the use or activity upon the property which is the subject of the permit unless and until the permit is reinstated or reissued. 3. The owner or occupant may appeal a suspension or revocation of a zoning permit by following the procedures in the Appeals Section. The City Administrator shall hear appeals of the suspension or revocation of a zoning permit except that an appeal from a revocation of an adult use permit or denial a request for extension of an adult use permit shall be heard by the City Council within 30 days of receipt of the notice of appeal by the City Clerk. The filing of a notice of appeal shall stay the suspension or revocation until the appeal has been decided, except that a suspension or revocation which is based upon a use or activity which constitutes a threat to public health or safety shall not be stayed pending the appeal Adult Use Permit A. Applicability. Any business or person desiring to locate, operate, continue to operate or establish or commence business as an adult use establishment shall be required to obtain a valid adult use permit from the POD before the establishment or commencement of business as an adult use establishment. B. Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application: 1. The type of adult use. 2. A site plan of the subject property. Multi-tenant buildings shall show interior and exterior locations and sizes of the areas proposed to be occupied by the adult use and the uses of all other spaces in the buildings. 3. Known locations of any churches, schools, child care facilities, public parks or residential uses within approximately 500 feet and other existing or proposed adult uses within approximately 800 feet of the proposed or existing adult use location for which the adult use permit is being sought. 4. If the applicant s proposed location is the location of an already established adult use, the date of commencement of operations as an adult use including documentation of commencement, if available. 5. If the applicant is not the property owner of the subject property, the application shall include a letter with the notarized signature of the record owner stating that the applicant is authorized to seek an adult use permit for the subject property. C. Procedure. 1. Upon receipt of a completed application, the POD shall inspect the proposed location of the adult use and, within 45 days, grant or deny the adult use permit. The POD may 13 Revised

14 City of St. Petersburg City Code Chapter 16, Land Development Regulations extend that period of time at the request of the applicant for purposes of clarification of issues raised by the application, but in no event for an additional period of time in excess of 45 days. a. If it is found that the location proposed in the application does not meet the distance requirements of this section, the POD shall deny the adult use permit. If it is found that the location proposed in the application meets the distance requirements of this section, the POD shall grant the adult use permit. The applicant shall be notified of the decision by first class mail. b. Filing of a written request for variance from the distance requirements not later than 10 calendar days after receiving notice of denial shall preserve the pending status of the application for purposes of the review of conflicting applications. If the written request is filed more than 10 calendar days after receiving such notice, then the date of filing such request shall be used for the purposes of the review of conflicting applications. c. Conflicting applications. The City Council recognizes the potential for creating violations of the distance requirements by granting adult use permits and by granting permits to the other non-adult uses described in the Adult Use Section. The POD shall develop a system for tracking potentially conflicting applications and for ranking them by date and time of application or date of establishment. Between two (2) applications being processed at the same time which individually comply with that section but would violate the distance requirements if both were to receive permits, the application which was completed and received by the POD at the earliest date shall be entitled to receive a permit provided all other requirements are met. The applicant of the conflicting application shall be denied a permit with a notation that the denial was due to the earlier submittal of a conflicting application. Any applicant who has been denied a permit may use the submittal date of the application which was denied a permit in a resubmission for the purposes of establishing its priority if the denial was issued no more than seven (7) months prior to the date of resubmitting a completed application. Thereafter, the actual submittal date of the application shall be used to determine priority. d. Failure to grant or deny the adult use permit within the required time period shall serve to ripen an appropriate action to compel a decision on the application. The POD shall cooperate with the applicant to assure his or her entitlement to prompt judicial review of the POD s failure to timely grant or deny the adult use permit. e. At the expiration of this time period or any extension thereof, the applicant may, at the applicant s discretion, begin operating the establishment without an adult use permit unless and until the POD notifies the applicant of a denial of the application. Failure to timely grant or deny an application and the provisions of this section allowing operation without a permit shall not serve or be construed as granting a permit. D. Standards for Review. For standards of review, see the Adult Use Section of the Use Specific Development Standards. E. Scope of Approval. An adult use permit authorizes the applicant to commence an adult use establishment in accordance with the Land Development Regulations and the adult use permit. The adult use permit is not a business tax receipt or adult use license and the receipt of an adult use permit shall not relieve the adult use from paying the business tax obtaining an adult use license. 14 Revised

15 City of St. Petersburg City Code Chapter 16, Land Development Regulations F. Expiration. 1. The adult use permit shall be valid for a period of six (6) months after issuance during which time the applicant shall commence business at the location for which the permit is issued. The validity of such permit may be extended by the POD one time for 90 days for good cause. 2. The applicant shall notify the City in writing, delivered to the City Clerk, once an applicant commences business. Adult use permits shall be renewed annually by October 1 and shall expire on September 30 of the following year. The adult use permit shall remain valid unless it expires or unless the business is voluntarily discontinued for a period of 30 days or more. Failure to obtain an adult use permit by October 1 of each year will subject the permittee to a penalty of 10 percent of the permit fee per each month of delinquency. 3. If the applicant does not commence business before the expiration of the adult use permit, the permit shall become null and void. G. Appeal. Decisions to grant or deny an adult use permit may be appealed to City Council only by the applicant or a property owner within 400 feet of the property. Decisions to revoke an otherwise valid adult use permit for voluntary discontinuance of the use or to deny a request for extension may be appealed by the applicant to the City Council. Appeals shall be heard within 30 days of receipt of the appeal by the City Clerk. If the City Council grants an appeal of the denial of an extension, the extension shall run from the date of the City Council s decision. Appeals shall follow the procedures in the Appeals Section. H. Variances. Requests for a variance from the minimum distance requirements shall be decided by the City Council Dock Permit A. Applicability. A dock permit, issued by the necessary regulatory agencies, shall be required for the installation or replacement of a dock in, on or upon any waters, submerged lands or coastal wetlands. B. Application. An application for a dock permit shall include the following information in addition to the information that the POD may generally require for a zoning permit application: 1. A site plan of the subject property, which shall identify the lot lines and lot dimensions. 2. Detailed drawings to show the dimensions, design and structure of the proposed dock. 3. Computation of the maximum and proposed dock surface area. 4. Name of person, firm, corporation or association erecting the dock. 5. Where applicable, a copy of the staff report and meeting minutes resulting from the action of the Community Preservation Commission, Development Review Commission, Planning and Visioning Commission or City Council relating to the proposed dock. C. Procedure. 1. The POD shall not accept or process any permit application within 12 months of the date of denial of the same or substantially similar application. 15 Revised

16 City of St. Petersburg City Code Chapter 16, Land Development Regulations 2. In order to protect the health, safety, and welfare of the general public, or to obtain compliance with local, state or federal laws, the POD may add special conditions and restrictions, which shall be binding upon the applicant, to any permit or other form of approval that may be issued. 3. External agency review and decision. Following preliminary approval by the City, the permit application shall be transmitted to the appropriate county, regional and state agencies, as required, for final approval. D. Decisions of the POD to deny or approve a permit may be appealed to the DRC. E. Variances. The POD shall have the power to grant variances to the side setback requirements by following the criteria established for the granting of variances generally. Notice is not required if notarized letters of approval from the owners of all lots within two hundred (200) feet of the side(s) where a side setback variance is requested are provided. Those letters are evidence that the variance criteria have been met. Requests for other variances shall be reviewed by the Development Review Commission Dog Dining Permit A. Applicability. A dog dining permit shall be required to allow dogs in outdoor dining areas of public food service establishments. B. Application. An application for a dog dining permit shall include the following information in additional to the information that the POD may generally require for a zoning permit application: 1. Name, location, mailing address and state-issued license number of the public food service establishment. 2. Name, mailing address and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant. 3. A diagram and description of the outdoor dining area which is requested to be designated as available to patrons dogs. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit and include: a. Dimensions of the designated areas; b. A depiction of the number and placement of tables, chairs, and restaurant equipment, if any; c. The entryways and exits to the designated outdoor area; d. The boundaries of the designated area and of the other outdoor dining areas not available for patrons dogs; e. Any fences or other barriers; f. Surrounding property lines and public rights-of-way, including sidewalks and common pathways; and, g. Such other information as is deemed necessary by the POD. 16 Revised

17 City of St. Petersburg City Code Chapter 16, Land Development Regulations 4. A description of the days of the week and hours of operation that patrons dogs will be permitted in the designated outdoor dining area. C. Expiration. 1. A permit issued pursuant to this section shall expire upon the sale of the public food service establishment and cannot be transferred to a subsequent owner. The subsequent owner may apply for a permit if the subsequent owner wishes to continue to allow patrons dogs in a designated outdoor area of the public food service establishment. 2. A dog dining permit shall expire on June 30 but may be renewed on an annual basis. D. Suspension or Revocation. In addition to the grounds for suspension or revocation of a zoning permit generally, a permit issued under this section may be revoked or suspended by the POD if any required business or health permit or license for the dog dining or public food service establishment has expired or been suspended, revoked or canceled; a. If the ground for revocation is a failure to maintain any required state or local license, the revocation may take effect immediately upon giving notice of revocation to the permit holder and does not require reasonable time for correction. b. If the public food service establishment s permit is revoked, no new permit may be approved for the establishment until the expiration of 180 days following the date of revocation. c. Decisions of the POD to deny, suspend or revoke a permit may be appealed to the DRC. E. Record Keeping. The dog dining permit shall be conspicuously displayed in the designated outdoor dining area Landscape Permit A. Applicability. A landscape permit is required for the installation or replacement of landscaping required by the Land Development Regulations on any development or redevelopment site other than single-family and duplex properties. B. Application. An application shall include the following information in addition to the information that the POD may generally require for a zoning permit application: 1. A site plan of the subject property. The number of copies required shall be established by the POD; 2. Where applicable, a copy of the staff report and meeting minutes resulting from the action of the Community Preservation Commission, Development Review Commission, Planning and Visioning Commission or City Council relating to the proposed development or redevelopment; 3. Other information with regard to the structure, lot and neighboring lots as may be necessary to determine and provide for the enforcement of the Land Development Regulations. C. Certificates of Occupancy; Financial Guarantees. The POD and the building official shall, as each may determine necessary, inspect the property to ascertain that the landscaping is in accord with all provisions of the Land Development Regulations and in accord with all terms 17 Revised