§ 23.2-28. Administrative adjustments/administrative use permits.

a)

Administrative adjustments. The development review official may administratively adjust Code provisions and regulations for setbacks, landscape placement, driveway access, lot area, lot coverage for buildings, floor area ratio, and impermeable surface ratio by no more than five (5) percent, and parking by no more than ten (10) percent, where the development review official determines that a literal enforcement will result in unnecessary hardship and where additional amenities will be provided that will offset any deficiency. A deficiency includes, but is not limited to, addressing accessibility, meeting minimum housing standards, providing additional essential living space due to changes in familial status or affording substantially similar improvements to comply with Florida Building Code requirements.

1.

All existing structures that exceed the development regulations for building lot coverage, impermeable lot coverage, or floor area ratio (F.A.R.) may be expanded by right no more than ten (10) percent of the existing overall square footage. The ten (10) percent expansion by right shall be granted only once. Expansions beyond the initial ten (10) percent shall have to meet the established standards for the granting of a formal variance and be reviewed by the appropriate decision making authority.

2.

The development review official may administratively adjust Code provisions and regulations for establishing the front yard for all corner and multi-frontage lots, and to adjust setback, height, and location of fences fronting public rights-of-way to conform to the orientation of the structure in the single-family residential (SF-R) and single-family and two-family residential (SF-TF 14) zoning districts.

b)

Administrative use permits. Administrative use permits are required for certain uses that are generally compatible with other uses permitted in a district, but that require verification that all development-related standards and regulations have been met. In addition, any change of use shall be approved by administrative use permit. This paragraph sets forth findings for review and approval of administrative use permits. These findings are adopted to provide guidelines for the reviewing authority to follow in arriving at a final decision.

1.

Approval authority. The development review official, in accordance with the procedures, standards and limitations of this section, shall approve or deny an application for an administrative use permit after review and comment by the site plan review team (if applicable). The development review official's decision on an administrative use permit is final, but may be appealed to the appropriate regulatory board by the applicant or affected party, pursuant to section 23.2-17.

2.

General procedures. In accordance with sections 23.2-10 through 23.2-13, an application for an administrative use permit shall be made in writing upon an application form approved by the department for community sustainability, and shall be accompanied by applicable fees. The department for community sustainability shall review the application in accordance with these LDRs and prepare a result letter that summarizes the application and the effect of the proposed use, including whether the application complies with each of the findings for granting an administrative use permit stated below, and approve or deny the application as submitted.

3.

General findings relating to adherence with LDRs and comprehensive plan. Prior to approving any administrative use permit, the development review official shall find based on competent and substantial evidence that:

(a)

The proposed use or development conforms to the applicable provisions of the comprehensive plan.

(b)

The proposed use or development conforms to the applicable provisions of these LDRs.

(c)

The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, and any other applicable provisions of the City Code, or can demonstrate previous approval of the existing nonconformity.

(d)

The proposed use or development will not generate traffic to a level higher than that of a use permitted by right for the site.

(e)

The required landscape buffering has been provided for project sites that are adjacent to properties that are zoned for residential use.

(f)

All activities of the use occur on site, or as permitted by separate permit as provided by code, such as but not limited to right of way permit or sidewalk café permit.

(g)

The proposed use makes adequate provisions for adverse impacts on protected land uses as defined in section 23.1-12.

4.

Additional requirements. Prior to approving any administrative use permit, the development review official shall ensure that the following requirements have been met:

(a)

Any and all outstanding code enforcement fees and fines related to the project site have been paid to the city.

(b)

Any previously imposed conditions of approval for the use at the site have been met, if applicable.

(Ord. No. 2014-02, § 6(Exh. E), 1-7-14; Ord. No. 2014-22, § 8(Exh. G), 9-9-14; Ord. No. 2018-10, § 4(Exh. C), 7-17-18)