These items are considered according to quasi-judicial procedures.

VARIANCE CRITERIA

For variances obtained after-the-fact, the responsible contractor must be present at the Board meeting.

In specific cases where the literal and strict enforcement of the applicable provisions of these Zoning and Land Development Regulations or other regulations or provisions of this code, would result in undue or unnecessary hardship, the Planning and Zoning Board may grant a petition for variance from said regulations as will provide substantial justice and not be contrary to the public interest reflected in said regulations, provided the Board makes the following findings: (a-d)

1. That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the City; 
2. That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; 
3. That the requested variance is consistent with, and in furtherance of, the Goals, Objectives and Policies of the adopted Comprehensive Plan, City-Wide Master, Neighborhood Plan and all other similar plans adopted by the City; and
4. That the requested variance is the minimum variance reasonably necessary.

These items are considered according to quasi-judicial procedures.

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SPECIAL EXCEPTION CRITERIA

For Special Exception uses, the following would apply:

Applications for Special Exceptions shall be reviewed by the Development Review Board. A letter of support from the Community Redevelopment Agency will be necessary if project located within the Community Redevelopment Area. All Special Exceptions will be reviewed based on the following criteria:

1. That the use is compatible with the existing natural environment and other properties within the vicinity.
2. That there will be adequate provision for safe traffic movement, both vehicular and pedestrian, both internal to the use and in the area which will serve the use.
3. That there are adequate setbacks, buffering, and general amenities in order to control any adverse effects of noise, light, dust or other potential nuisances.
4. That the land area is sufficient, appropriate and adequate for the use as proposed.

These items are considered according to quasi-judicial procedures.

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DESIGN REVIEW CRITERIA

Design Review encompasses the examination of architectural drawings for consistency with the General Criteria, Criteria as they appear in Design Guidelines Manual, and the Neighborhood Specific Design Review Criteria all of which is approved by the Board with regard to the aesthetics, appearances, safety, and function of the structure in relation to the site, adjacent structures and surrounding community.

The Board and the Office Planning and Development Services Director shall review plans based upon the aforementioned Criteria (See above paragraph). If the Board and the Director determines that an application is not consistent with the criteria, it shall set forth in writing the reasons substantiating its finding.

General Criteria. The architectural style of the building, accessory structures and landscaping shall be evaluated in terms of the following criteria (a-k): 

1. The design of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, landscaping structures, signs, and lighting and screening devices is consistent with the City’s Design Review Manual. 
2. The dimensions of all buildings, structures, setbacks, parking spaces, height, lot coverage and any other information that shall be consistent with the City’s Design Review Manual. 
3. The color, design, selection of landscape materials and architectural elements of exterior building surfaces and consistent with the City’s Design Review Manual. 
4. The design of the proposed development indicates a sensitivity to and is compatible with the natural environment. Particular attention must be paid to conserving clusters or groupings of naturally occurring trees and vegetation.
5. The design and layout of the site provides an efficient arrangement of buildings. Particular attention shall be given to safety, crime prevention, pedestrian sight lines and view corridors. 
6. The design of pedestrian improvements within the site to ensure that all parking spaces and are conveniently arranged in terms of their relationship to the proposed structure, entrances, and exits. 
7. The design of all lighting fixtures shall be reviewed to ensure safe movement of persons, vehicles and reflection on public property for security purposes and minimizes glare and reflection on adjacent properties. 
8. Landscape and paving materials shall be reviewed to ensure that a complimentary relationship with the overall project will result from these improvements. 
9. Buffering materials to ensure that headlights of vehicles, noise, and light from structures are adequately shielded from public view and pedestrian areas. 
10. The overall project complies with the architectural design standards listed in duly opted Neighborhood Plans that apply to or affect the subject or property or in the Comprehensive Plan should they exist. 
11. The design to reduces crime and the fear of crime through the use of Crime Prevention through Environmental Design Guidelines and Strategies.

CERTIFICATE OF APPROPRIATENESS FOR DESIGN FOR HISTORIC PRESERVATION BOARD

A decision on an application for a Certificate of Appropriateness for new building construction, additions to existing buildings, major restoration work or substantial alteration should be based upon evaluation.

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CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION CRITERIA FOR THE HISTORIC PRESERVATION BOARD

The City Commission and the Board shall consider the following criteria in evaluating applications for a Certificate of Appropriateness for Demolition of buildings, structures, improvements or sites: 

1. The building, structure, improvement, or site is designated on either a national, state, or local level as an historic preservation district or an architectural landmark of Site.
2. The building, structure, improvement, or site is of such design, craftsmanship, or material that it could be reproduced only with great difficulty and/or expense.
3. The building, structure, improvement, or site is one of the last remaining examples of its kind in the neighborhood, the county, or the region.
4. The building, structure, improvement, or site contributes significantly to the historic character of a historically designated district.
5. Retention of the building, structure, improvement, or site promotes the general welfare of the city by providing an opportunity for study of local history, architecture, and design or by developing an understanding of the importance and value of a particular and heritage.
6. There are definite plans for reuse of the property if the proposed demolition is carried out, and those plans will adversely affect on the historic character of the Historic District.
7. The Unsafe Structures Board has ordered the demolition of a structure or the feasibility study determines that the retention of the building would deny the owner of all economically viable uses of the property.
8. The information listed in the Historic Properties Database (a listing of historic and non-historic properties) has been considered as a guideline in determining whether a Certification of Appropriateness for Demolition should be issued.

These items are considered according to quasi-judicial procedures.

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REVIEW CRITERIA CHANGE OF ZONING DISTRICT AND ZONING AND LAND DEVELOPMENT CODE TEXT AMENDMENT

In reviewing a request for a change of zoning district designation or an amendment to the Zoning and Land Development Code, the applicant must demonstrate that the application is consistent with the below criteria. The Planning and Zoning Board shall provide a recommendation to the City Commission on whether the application substantially meets the applicable criteria. In order for the City Commission to approve and application, it must find that the application is substantially consistent with the below criteria:

In reviewing a request for a change of zoning district, the petitioner must demonstrate: 

1. That the Petition for a change of zoning does not meet any one of the following criteria whereby the request would be considered contract or spot zoning: 
   1. The proposed rezoning would give privileges not generally extended to property similarly situated in the area. 
   2. The proposal will result in similarly situated property being treated differently. 
   3. The proposed rezoning request does not fall within the existing land use designation(s) for the subject property. 
   4. The proposed change will result in an isolated district unrelated to adjacent or nearby districts.
2. That the Petition for change of zoning is consistent with six (6) or more of the following criteria: 
   1. The proposed change is consistent with and in furtherance of the Goals, Objectives and Policies of the Comprehensive Plan; 
   2. The rezoning will result in uses permitted under the proposed district classification, which would be in the general public interest and/or would not be merely in the interest of an individual or small group; 
   3. The proposed change will result in a development that is consistent in scale (building height, mass, siting) with other buildings in the neighborhood; 
   4. Conditions have substantially changed from the date the present zoning district classification was placed on the property, which make the passage of the proposed change necessary; 
   5. The proposed change will not adversely influence living conditions in the neighborhood; 
   6. The proposed change is consistent with public safety concerns and will not create traffic hazards; 
   7. The proposed change will not adversely affect property values in the adjacent area; 
   8. It is impossible to find other adequate sites in the city for the proposed use on the property presently zoned for such use. 

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