ARTICLE II - DIVISION 1 ADMINISTRATION, ENFORCEMENT, AND PENALTIES

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1 Development Services ARTICLE II - DIVISION 1 ADMINISTRATION, ENFORCEMENT, AND PENALTIES Sec Schedule of Fees, Costs, and Charges. Fees, costs and charges may be established by resolution in connection with appropriate matters pertinent to zoning, petitions for changes in zoning, land use plan amendments, and appeals and applications to the Board of Adjustment, Environmental Development Commission and City Council. Such schedule or portions thereof shall not be effective until approved by the City Council. permit or certificate shall thereafter be issued and no inspections, public notice or other action relative to zoning, petitions for changes in zoning or appeals to the Board of Adjustment, the Environmental Development Commission and City Council shall be initiated until after such fees, costs and charges have been paid. Sec Remedies. In the event any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained; or any structure, premises, land or water is used, contrary to and in violation of any of the provisions of this chapter, then, in addition to or in lieu of action as provided by section 29-47, the Mayor or other proper authority of the City shall, or any aggrieved person may institute injunction, mandamus or other legal proceeding to prevent such violation, to abate any illegal condition, or to cause the removal of any illegal use or structure by legal means. Sec Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished as described in chapter 1, section 1-7 of this Code. Sec Appointment of Administrative Official; General Duties. The Mayor shall appoint and designate by letter on file with the Clerk of Council, agents to administer and enforce this chapter. The Mayor and agents shall administer and enforce this chapter by encouraging compliance with its provisions by instituting proceedings for informational and educational means, and by ascertaining and abating violations through the use of oral or written notices or by instituting proceedings for arrest of violators. All other officers and employees of the City, particularly those officers and employees whose duties involve the inspection of land, premises, structures, or things accessory thereto, shall assist the Mayor and such official's agents in the enforcement of this chapter. The language "Mayor" as used in this chapter shall mean the agent or agents designated by the Mayor. Sec Permits; Plans Required; Record of Applications and Plans. (a) Development permits, and certificates of occupancy, shall not be issued without certification by the POD that the requirements of this chapter have been met. (b) The POD shall not certify compliance in accordance with the requirements of this chapter on an application for Page 1 of 13 Revised 10/21/04

2 a development permit or certificate of occupancy, if the building or structure as proposed to be built, altered, or used, or the land as proposed to be used, would be in violation of the terms of this chapter; provided, however, that the POD may issue temporary certification of compliance in connection with temporary certificates of occupancy if the nature of the occupancy proposed, pending final certification of compliance, is not such as to require complete compliance with the regulations set forth in this chapter. (c) building permit, certificate of occupancy, occupational license, or certificate of compliance, issued on the basis of an application or plans submitted therewith, shall be valid, or shall be construed to permit construction, occupation, or use of land or structures, if the application or plans are not in accord with this chapter or other chapters of the laws of the City of St. Petersburg. Prior to the approval of any building permit, certificate of occupancy, certificate of compliance, Site Plan approval, or other applications related to land development, assurances (according to the specifications of chapter 16, article III (concurrency ordinance)) shall be given that all public facilities will be available concurrent with the proposed development. These public facilities include, but are not limited to, potable water, sanitary sewer, drainage, recreation, roads, solid waste, and mass transit. (d) All applications for building permits shall be accompanied by plans in number of copies required by the POD. The plans shall be based on a survey drawn to scale, and shall show the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of buildings and other structures existing on the lot; the lines within which the proposed building or structure is to be erected or altered; the existing and intended use of each building or part of a building by floor plan, the number of dwelling units, or rental units the building is designed to accommodate; and such other information with regard to the structure, lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. In case of doubt, the POD may require a surveyor's certificate on location of proposed structure with relation to the lot lines involved. (e) certificate of occupancy shall be issued until the POD inspects sites for compliance with an approved site plan and this chapter, if applicable. (f) A record of applications and plans shall be kept in the office of the POD. If plans are approved as to compliance with the terms of this chapter, the POD shall so indicate on copies of the plan retained, on the copy to be returned to the applicant, and on the application for building permit, and one approved copy of the plan shall be returned to the owner or such person's authorized agent. If the plans are disapproved as to compliance with this chapter, one copy shall be retained and one copy returned to the owner or such person's authorized agent with a notation indicating reasons for disapproval. Sec Property Card Interpretations; Certificates of Occupancy for New or Altered Uses; Record of Certificates of Occupancy. (a) The POD shall furnish, upon request and upon payment of the fee established in Chapter 12, a property card interpretation setting forth the zoning and use information and other information applicable to any specific property within the City as provided in section (b) It shall be unlawful to use or permit the use or change of use of any structure, premises, or land, or part thereof, hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, until a certificate of occupancy shall have been issued therefore. (c) certificate of occupancy shall be required for uses of existing structures, premises or land conforming to the requirements of this chapter unless or until such structure shall be altered in its use or construction, or moved in its Page 2 of 13 Revised 10/21/04

3 location, or such premises, or land shall be altered in use; provided, however, that all premises on which businesses or professions are conducted shall require certificates of occupancy. (d) The POD shall maintain records of all certificates of occupancy and property card interpretations issued. (e) Failure by the owner or occupant of structures, premises, or land to obtain a required certificate of occupancy shall be a violation of this chapter punishable by the same penalties as other violations. Sec Administration and Enforcement of Performance Standards. (a) Intent concerning determinations involved in administration and enforcement of performance standards. Determinations necessary for administration and enforcement of performance standards range from those which can be made by a reasonable person using normal senses and no equipment to those which require high technical competence and complex equipment. It is the intent of this chapter that: (1) Where determinations can reasonably be expected to be made by the Mayor or other City employees, using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violation is issued. (2) Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for protecting individuals from arbitrary and capricious administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary cost for administration and enforcement. (b) Performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, glare, or electromagnetic interference. If the Mayor finds, after making determinations in the manner set forth in appropriate portions of section , that there is violation of performance standards relating to emission of smoke, fire and explosive hazards, humidity, heat, glare, or electromagnetic interference, the Mayor shall take or cause to be taken lawful action as provided in section 29-42, to eliminate such violation and failure to obey lawful orders concerning cessation of violation, shall be punishable as provided in section (c) Performance standards relating to measurement of weight of particulate matter, vibration, noise, hazardous or noxious matter, and radiation hazards. If, in the considered judgment of the Mayor, there is violation of performance standards as set forth in section , concerning emission of particulate matter, vibration, noise, toxic and noxious matter, odorous matter, or radiation hazards, the following procedures shall be followed: (1) The Mayor shall give written notice, by registered mail or other means, insuring a signed receipt for such notice, to those responsible for the alleged violation. Such notice shall describe the particulars of the alleged violation and the reasons why the Mayor believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Mayor within a time limit set by the Mayor. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Mayor within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations as described in the appropriate portion of section will be made and that if violation as alleged is found, costs of the determinations will be charged against those responsible in addition to such other penalties as may be appropriate, and that if it is determined that no violation exists, costs of the determinations will be paid by the City. Page 3 of 13 Revised 10/21/04

4 (2) If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the Mayor,the Mayor shall note "violation corrected" on the copy of the notice and shall retain it among such official's records, taking such other action as may be warranted by the circumstances of the case. (3) If there is no reply within the time limit set thus establishing admission of violation as provided in subsection (c)(1) of this section and the alleged violation is not corrected to the satisfaction of the Mayor within the time limit set, the Mayor shall proceed to take or cause to be taken such action as is warranted by continuation of an admitted violation after notice to cease. (4) If a reply is received within the time limit set indicating that the alleged violation will be corrected to the satisfaction of the Mayor, but that more time is required than was granted by the original notice, the Mayor may grant an extension of time, if such official deems such extension warranted in the circumstances of the case, and if such extension will not, in the Mayor's opinion, cause imminent peril to life, health, or property. In acting on such requests for extension of time, the Mayor shall, in writing, state reasons for granting or refusing to grant extension. (5) If a reply is received within the time limit set requesting technical determinations as described in the appropriate portion of section , and if the alleged violations continue, the Mayor may call in properly qualified experts to make the determinations. If expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties of persons responsible for the violation, in addition to such other penalties as may be appropriate under the terms of section If no violation is found, costs of determination shall be paid by the City without assessment against the properties of persons involved. Sec Amendments to Zoning Map, Future Land Use Map or Comprehensive Plan; Appeals from Environmental Development Commission and Planning Commission Decisions, and Land Development Regulation Amendments. In making zoning map amendments, amendments to the Future Land Use Map or Comprehensive Plan of the City or decisions on appeals or other City Planning or Environmental Development Commission actions which amendments or decisions are contrary to the official action or recommendation of the respective City Planning or Environmental Development Commission which has made a recommendation or decision in the case before the Council, six affirmative votes of the City Council shall be required if eight Council members are present and voting in order to make such zoning map amendment, amendment to the Future Land Use Map or the Comprehensive Plan or to overturn such action or recommendation of the Environmental Development Commission or Planning Commission. If less than eight members are present or if any member elects not to cast a vote, then five affirmative votes shall be required to overturn the City Planning or Environmental Development Commission action. Sec Community Redevelopment Agency. The Environmental Development Commission, Board of Adjustment and Mayor shall not grant final approval of a development or redevelopment proposal including but not limited to Site Plan review, Special Exception, plat or variance request within a designated Redevelopment Area prior to a finding by the Community Redevelopment Agency that the development or redevelopment proposal is in compliance with adopted redevelopment plans. Sec nconformities and Grandfathered Uses and Structures. (a) Intent. Within the districts established by this chapter or amendment hereof there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, or before a governmental Page 4 of 13 Revised 10/21/04

5 entity exercised its right to take land pursuant to its powers of condemnation, but which would be prohibited in the future under the terms of this chapter or amendment. It is the intent of this chapter to permit nonconforming uses and structures which create relatively minor friction to continue until they are removed by economic or other forces. nconforming uses are uses not permitted in a district. It is not the intent of this chapter to encourage the survival of these nonconformities since it has been determined that they are incompatible with the character of the districts involved or to permit nonconformities to be enlarged upon, expanded, or extended. Existing nonconforming uses and structures shall not be used to justify adding structures or uses prohibited elsewhere in the same district. It is also the intent of this chapter to permit grandfathered uses to continue and expand on site until they are removed by economic or other forces. Grandfathered uses are uses not permitted in the district but have been found to have a degree of compatibility with uses permitted in the district. Existing grandfathered uses shall not be used to justify adding new uses prohibited elsewhere in the same district. For the purposes of this section, current replacement value shall be defined to be the greater of the current assessed value of such structure, as indicated on the most recent tax rolls of the Pinellas County Appraiser, or 50 percent of the reasonable current market value, as determined by an MAI appraisal acceptable to the City when such an MAI appraisal is available. Use of an MAI appraisal of such structure shall be at the option of and paid for by the property owner or authorized agent. (b) nconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any lot of record, except as provided herein. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, providing that the building setbacks and other requirements shall conform to the regulations for the district in which such lot is located. (1) nconforming Lots in Common Ownership. When the City s property card or the County s tax parcel identification number indicates that a parcel of property (which, for the purpose of this subsection (b), means any piece of real property having defined boundaries and under common ownership) consists of more than one lot of record, the parcel shall not be deemed divisible into separate buildable subparcels of property unless: a. All existing structures meet the currently required setbacks from the property lines of the lot on which the structures sit, with respect to those lot lines which adjoin parcels of property to be created. If any structure does not meet the currently required setbacks from the platted lot lines adjoining parcels of property to be created, then the lot shall not be separated from other lots or portions of lots unless variances from the required setbacks are received from the City. And, b. lot(s) of record shall be divided nor shall a portion of a lot of record be combined with other lots or portions of lots unless all of the resulting parcels of property meet the current minimum dimensional requirements of the zoning district in which the parcels exist. (2) Lots without Subdivision Improvements. For any lot in the City, either nonconforming or conforming or platted or unplatted, no development permit shall be issued unless public improvements have been provided to service the lot in accordance with the City s subdivision regulations. Such public improvements, shall include, but not be limited to, paved streets, utilities, and drainage. (c) nconforming Uses of Land. Lawful uses of land not involving structures, or involving structures only to the Page 5 of 13 Revised 10/21/04

6 extent of 10 percent or less of the area of the lot or 10 percent or less of the combined value of premises and structures, which exist at the time regulations are passed or amended, or at the time a governmental entity exercises its right to take land pursuant to its powers of condemnation, and which uses no longer conform to these regulations, may be continued subject to the following limitations: (1) such use shall be extended to occupy a greater area, nor to occupy any other portion of the premises, than was occupied at the time nonconforming status attached. (2) habitable structures shall be added on lands occupied by such uses. (3) If such use is abandoned or replaced by a conforming use, subsequent use shall conform to the regulations of the district in which such use is located and the nonconforming use shall not be reestablished. (d) nconforming Structures. Where a lawful structure exists at the time of passage or amendment of this chapter, or at the time a governmental entity exercises its rights to take land pursuant to its powers of condemnation, which could no longer be built under the terms of this chapter, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) such structures may be enlarged, altered or changed as to use in a way which increases its nonconformity. An addition to a nonconforming structure may be made, providing the addition meets all land development regulations. (2) Should such nonconforming structure be damaged by any means to an extent of more than 75 percent of the current replacement value, it shall not be reconstructed or repaired except in conformity with the provisions of all land development regulations for the district in which the structure is located. Variances which have been granted by the City shall be valid if the structure is reconstructed consistent with the site plan approved in conjunction with granting of the variance. If reconstruction is proposed which is different from the original site plan, the POD shall determine whether the need for granting the original variance still exists, if not, the applicant must request a new variance. (3) Should such structure be moved for any reason for any distance whatever, it shall conform to all land development regulations for the district in which it is located after it is moved. (e) nconforming Uses of Structures and Premises. If a lawful use of a structure, or of structure and premises in combination, exists at the time of passage or amendment of this chapter, or at the time a governmental entity exercises its right to take land pursuant to its powers of condemnation, which use is made no longer permissible under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions of this section: (1) existing structure or structure and premises devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted or grandfathered in the district in which it is located. (2) If a nonconforming use of a structure, or structure and premises, is abandoned, the use of the structure and premises shall thereafter conform to the regulations for the district in which the structure is located. Page 6 of 13 Revised 10/21/04

7 (3) Where both a structure and the use of the premises are nonconforming, removal or destruction of the structure shall eliminate the nonconforming status of the use of the premises, and all uses shall conform to the regulations of the district in which it is located and the nonconforming use shall not be reestablished. (4) Where a nonconforming use of a structure, or structure and premises is changed to a conforming or grandfathered use, the nonconforming use shall not thereafter be reestablished. (5) Where a nonconforming use involves operation of equipment or machinery, such equipment or machinery may be replaced; provided that the new equipment or machinery conforms in the characteristics of its operation to performance standards as established for the district. (6) Should a structure containing a nonconforming use be damaged by any means to an extent of more than 75 percent of the current replacement value, it shall not be reconstructed or repaired except in conformity with the provisions of all land development regulations. (f) nconforming uses of sites and sites without site plans. If a lawful use of land exists at the time of passage or amendment to this chapter, or at the time a governmental entity exercises its right to take land pursuant to its powers of condemnation, which uses the property in a manner which does not comply with all land development regulations for the district in which it is located (including, but not limited to: obtaining required site plans, parking, landscaping, green yards, impervious surface area, and building setbacks), the use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) Except for redevelopment activity that satisfies the requirements of paragraph (2) below, changes to existing site improvements which result in the reduction of a nonconformity, but do not achieve full compliance with land development regulations, shall be permitted and shall not require any variances. Any site which reduces any nonconformity shall not be allowed to reestablish the reduced portion of the nonconformity and shall meet the following requirements: a. Green Yards, each a minimum of three (3) feet in width, shall be installed. b. Impervious Surface Ratio shall be improved by a minimum of five (5) percent. c. Required Parking shall be improved by a minimum of twenty-five (25) percent of the deficient number of parking spaces. (2) All redevelopment shall comply with required landscaping set forth in Chapter 16, Article XV of this Code. (3) New habitable structures or additions thereto shall comply with all land development regulations. (g) Grandfathered uses of structures and premises. Uses of structures, or of structures and premises lawfully existing at the time of passage of this chapter, which are no longer permissible under the terms of this chapter and have been determined to have a degree of compatibility with the uses generally permitted in the district, shall be grandfathered as set forth in this section. Grandfathered uses may be continued so long as they remain otherwise lawful, subject to the following provisions: (1) A structure devoted to a grandfathered use may be expanded. Expansions shall conform to all requirements Page 7 of 13 Revised 10/21/04

8 effective at the time of expansion, and provide all required parking on site. Setbacks, parking and other requirements for expansion of grandfathered uses shall be indicated in the grandfathered use chart. dwelling units or expansion of residential capacity (e.g., nursing and retirement homes) is allowed. (2) a. Any grandfathered use of a structure, or structure and premises, may be changed to any other use which would be grandfathered in that district provided that the proposed use is of equal or lesser intensity than the existing grandfathered use and is approved by the POD. Factors used to determine intensity of use shall include traffic generation, service use (loading, unloading, and delivery activity), adverse impacts such as odors and noise, resident or client base, and hours of operation. Public notice shall be required as provided in Chapter 30. Decisions of the POD may be appealed to the Board of Adjustment as provided in Chapter 30. b. If the proposed use is a special exception use in the district and is of equal or lesser intensity, the POD may permit the change, subject to conditions based on compliance with current land development regulations. Appeal of the decision of the POD related to a special exception use shall be to the Environmental Development Commission as provided in Chapter 30. (3) If a grandfathered use of a structure, or structure and premises, is abandoned, the use of the structure or structure and premises shall conform to the regulations for the district in which the structure is located. For multi-tenant properties this provision shall only apply if the entire structure satisfies the criteria for abandonment. Maintenance of grandfathered status for any portion of the structure shall be sufficient to maintain the grandfathered status for the entire structure. (4) Where a grandfathered use of structure, or structure and premises in combination, is changed to a conforming use, a grandfathered use shall not thereafter be reestablished. For multi-tenant, nonresidential properties, this provision shall only apply to the actual space where the grandfathered use was located and not to the entire property. (5) Should a structure housing a grandfathered use be destroyed or demolished, it may be reconstructed in compliance with the requirements of the district indicated in the grandfathered use chart. (h) Repairs and maintenance; maintaining safe condition. Repairs and maintenance of nonconforming and grandfathered structures are permitted. thing in this chapter shall be deemed to prevent the strengthening, altering or restoring to a safe condition any building or part thereof. (i) Status of nonconformities and grandfathered uses. twithstanding other provisions of this chapter, certain nonconformities have been discontinued by prior ordinance after certain periods of time set forth below. Other grandfathered and nonconforming uses are regulated as follows. nconforming and Grandfathered Use Chart Use District Located In Status Reinstatement Allowed Expand Structures on Site ( New Units Allowed) District Regulations to be Used When Expanding District regulations to be used when determining conversion to other grandfathered uses RESIDENTIAL USES Page 8 of 13 Revised 10/21/04

9 Use District Located In Status Reinstatement Allowed Expand Structures on Site ( New Units Allowed) District Regulations to be Used When Expanding District regulations to be used when determining conversion to other grandfathered uses Single family, single family with garage apartments and duplexes RM-24/30, RM- 150, RO-2, RO-P, GO-P, GO, ROR- 2, ROR-P, MSD and all commercial Grandfathered POD Yes RM-12/15 RM-12/15 Same as above Industrial n-conforming Multifamily (three (3) or more units) All RS and MH, MSD, GO-P, GO, CP, CT, CG, CH, CI Grandfathered BOA for RS, POD for all others Yes RM-12/15 RM-12/15 Multifamily (units above number allowed based on density) All RM Grandfathered POD for up to four units above allowed density; BOA for all others Yes RM-12/15 RM-12/15 Domiciliary and Retirement Homes All RS, MH, MSD,GO, GO-P, CP, CT, CG, CH, CI and ROR Districts Grandfathered POD Yes RM-12/15 RM-12/15 Multifamily, Domiciliary and Retirement Homes IP, IP-1 and IG n-conforming Nursing Homes All Districts where not permitted Grandfathered POD Yes RM-12/15 RM-12/15 Guest Houses RS-E, RS-150, RS-100, RS-75, RPD-5, RPD-7 n-conforming Boarding and Rooming Houses All Districts where not permitted or permissible n-conforming OFFICE USES Offices All RS, MH, MSD, RPD-5 and RPD-7 Grandfathered BOA, cannot be reinstated in RS Yes GO GO Offices All RM Grandfathered BOA Yes GO GO Offices All CH, IG, CT and MSD Grandfathered POD Yes GO GO Probation/Parole/C orrections Office All districts where not permitted or permissible Grandfathered BOA, cannot be reinstated in RS Yes GO GO COMMERCIAL USES Commercial All RS, MH, RM, RPD-5 and RPD-7 n-conforming Page 9 of 13 Revised 10/21/04

10 Use District Located In Status Reinstatement Allowed Expand Structures on Site ( New Units Allowed) District Regulations to be Used When Expanding District regulations to be used when determining conversion to other grandfathered uses Commercial RO-1 and RO-2 Grandfathered BOA Yes Use the office standards in RO 1 and RO-2 for all uses CG Commercial RO-P, and GO-P Grandfathered BOA Yes CP CP Commercial GO and MSD Grandfathered POD Yes Use the office standards in GO for all uses CG Commercial IP, IP-1 and IG Grandfathered POD Commercial UV-1 (1 st Avenue Exteriors) Grandfathered BOA Yes CG CG Pawn Shops UV-1 n-conforming INDUSTRIAL AND LABORATORY USES Industrial All RO, ROR, and GO, and CP, CI, CG, UV-1, and CH n-conforming Laboratories All RS, MH, RM, RPD-5 and RPD-7 n-conforming reinstated CG INSTITUTIONAL USES Churches Churches Public and nongovernmental educational facilities Colleges and Universities RS-E, RS-150, MH-P & MH-S CBD-3, CI, MSD, UV-1 and IG All Districts where not permitted or permissible Grandfathered POD Yes RS-100 RS-150 Grandfathered POD Yes CG ROR-1 Grandfathered POD Yes RS-75 RS-75 Schools (Business, Trade and Professional) All RS, RPD-5, RPD-7, MH & RM n-conforming reinstated Schools (Business, Trade and Professional) RO and GO Grandfathered POD Yes Use the office standards in RO-1 for all uses RO-1 Schools (Business, Trade, and Professional) Clubs (Private) CT, CBD-2, CBD- 3, IP and IP-1 All MH, MSD and, ROR Districts Grandfathered POD Yes Existing Zoning District Grandfathered POD Yes ROR-1 ROR-1 Page 10 of 13 Revised 10/21/04

11 Use District Located In Status Reinstatement Allowed Expand Structures on Site ( New Units Allowed) District Regulations to be Used When Expanding District regulations to be used when determining conversion to other grandfathered uses Clubs and Lodges GO, GO-P and all ROR Grandfathered POD Yes RO-P for GO-P & ROR- P, RO-2 for ROR-2, & RO-1 for GO and ROR-1 RO-1 Clubs and Lodges All RS, MH and RM Districts n-conforming reinstated SOCIAL SERVICE AND TEMPORARY LABOR EMPLOYMENT USES Social Service Agencies Social Services Agencies (operational components): Supply Pantry Short-Term/ Emergency Housing Personal Care Services/Drop-in Center Food Center/Soup Kitchen All RS, MH, RPD- 5 and RPD Districts All districts where the specific operational component is not permitted or permissible. nconforming Grandfathered BOA Yes Social Service Agencies Ordinance where applicable (see Supplemental Regulations) and ROR-1 otherwise Social Service Agencies Ordinance where applicable (see Supplemental Regulations) and ROR-1 otherwise Temporary Labor Employment offices All RO, GO, ROR, CP, CG, CBD, IP, IB-P, UV-1, and MSD n-conforming reinstated MOTOR VEHICLE REPAIR/SERVICE, AUTO SALES/LEASING AND FILLING STATION USES Motor Vehicle Repair and Service All RS, RM and MH, GO, GO-P, UV-1 (except lots that have frontage on 1 st Avenue South within the Village Core) RO- 1, and RO-2 n-conforming Filling Station All RS, RM and MH, GO, GO-P, UV-1, RO-1, and RO-2 n-conforming Auto Sales and Leasing UV-1 n-conforming NON-PERMITTED USES IN CDB ZONES n-permitted Uses in the CBD s All CBD s Grandfathered POD Yes Existing Zoning CBD (j) Prior approvals. All site plans, special exceptions, variances and plats, which have received approval by the POD, Environmental Development Commission, City Council or Board of Adjustment as authorized by this Code, which are in compliance with the Comprehensive Plan and which received such approval prior to the effective date of any Page 11 of 13 Revised 10/21/04

12 amendments to this zoning ordinance may be constructed subject to approved conditions. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of the amendment of this chapter and upon which actual building construction has been diligently carried on. Failure to begin construction (pouring of the foundation) within two years from the date of the project approval shall void the approval. Requests for extension shall be in writing and must be delivered to the City Clerk prior to the expiration of the approval and if not made prior to the expiration, shall be null and void. Any approved site plan which requests an extension shall be modified to comply with any code changes that have been adopted since the original approval date. Sec Sec Reserved Unaddressed Uses and Requests to Add Uses to a District. Requests for uses that are not addressed in this chapter, the Zoning Ordinance, or in a specific district, may be made and will be processed using the following procedure and shall be accompanied by the same fee that exists for rezoning applications: (1) A written request shall be provided to the Planning Director identifying the requested use, proposed location(s) of use and justification for the requested use. (2) The Planning Director shall respond in writing to the request within 30 days from receipt of the request. This response shall detail the reasons for either approval or denial or may request additional information that may be required to make a decision. (3) If the Planning Director recommends approval or if the Planning Director's denial is appealed within 15 days of receipt of the decision, the Planning Commission shall conduct a public hearing and render a decision on the request. The applicant shall be responsible for any notification requirements beyond those required at the local level. (4) If the Planning Commission recommends approval or if the Planning Commission's denial is appealed within 10 days of the Planning Commission's action, the City Council shall conduct a public hearing and render a decision on the request. The fee for appealing a Planning Commission action shall be the same fee as exists at that time for rezoning appeals. (5) City Council action to reverse a Planning Commission denial shall require a super majority vote by City Council. Sec Property Card Interpretations. Upon receipt of an application from the Mayor or a property owner and payment of the fee prescribed in Chapter 12, the POD shall prepare and issue a written property card interpretation (PCI). (1) An application for a PCI shall be in writing, shall identify the property subject to the request, shall identify the interpretation requested (i.e., zoning, number of units, lawful uses, etc.), shall provide any relevant information known to the applicant, shall be signed by the property owner or by the Mayor who shall affirm that they are making the request. A copy of any request for a PCI by the Mayor shall be mailed or hand delivered to the property owner upon receipt of the request at the address shown on the Pinellas County Page 12 of 13 Revised 10/21/04

13 Property Appraiser s records. (2) A PCI shall set forth, but may not necessarily be limited to, the following: the legal number of dwelling units; the legal standing of property use or uses; the legal standing of site and building improvements; and findings of abandonment of uses or units. (3) The PCI shall be issued within ninety days of receipt of the application and shall be delivered by mail or hand delivery to the property owner and, if the Mayor requested the PCI, to the Mayor. The PCI shall be mailed to the owners of properties within one hundred feet of the property subject to the PCI; provided, however, that a failure to comply with this mailing requirement shall not affect the validity of the PCI or any subsequent action. (4) A PCI may be appealed by the property owner, any owner of property within one hundred feet or any resident thereof, or the Mayor to the Board of Adjustment. An appeal shall follow the procedures set forth in Section The time to appeal a PCI shall commence from the date of issuance of the PCI. (5) Any request to reconsider a PCI shall be filed with the POD within 15 days following the issuance of the PCI and shall toll the time for appeal. A request for reconsideration shall be accompanied by any new evidence or argument which may alter the findings in the PCI. The POD shall reconsider the PCI and shall either issue a revised PCI or written denial of the request. If a revised PCI is issued, the time to appeal the revised PCI shall commence from the date of issuance of the revised PCI. If the request is denied, the time to appeal the PCI shall expire 10 days after issuance of the denial of the request. (6) The POD shall accept an application for a revised PCI for a property concerning an issue which has been the subject of a PCI issued more than one year prior to the date of application for a revised PCI, if the application complies with subsection (1) and provides new evidence that was not provided to the POD at the time of the original PCI application. The POD shall review the original PCI and all the evidence and shall either issue a revised PCI or written denial of the application for a revised PCI. The provisions of this section relating to notice, time for issuance, service of copies, requests for reconsideration, and appeals applicable to applications for a PCI shall apply to an application for a revised PCI. Secs Reserved. RETURN Page 13 of 13 Revised 10/21/04