Sec. 656.101. - Definitions.

For purposes of Part 1, certain terms and words are defined as follows: (a) Administrative deviation means a relaxation of the following Zoning Code requirements: minimum lot area, required yards, increase the maximum number of parking spaces allowed so long as the landscaping is not also reduced and a professional study is performed and approved by the Department, minimum number of required off-street parking spaces, minimum landscaping requirements, maximum lot coverage and maximum height of structures, including fences, that the Zoning Administrator is authorized to grant pursuant to the procedures set forth in Section 656.109 (e) through (j). Requests to modify lot requirements so as to increase the permitted density of multiple-family dwellings are specifically prohibited. However, for a maximum of two dwellings or two contiguous lots, an application may be made to decrease the lot width, pursuant to criteria in Sec. 656.109 . (b) Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the Comprehensive Plan or the Zoning Code. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons. (c) Chief means the Chief of the Current Planning Division. (d) Comprehensive Plan means the 2010 Comprehensive Plan prepared and adopted pursuant to Chapter 650, Ordinance Code, and F.S. Ch. 163, Pt. II, as amended from time to time. (e) Reserved (f) Commission means the Planning Commission or the Downtown Design Review Board ("DDRB"), as the case may be. (g) Department means the Planning and Development Department. (h) Director means the Director of the Planning and Development Department. (i) Exception means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, could promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permissible in the zoning district as exceptions if specific provision for the exception is made in the Zoning Code and the uses are found by the Commission and the Council to be in conformity with the standards and criteria set forth in Section 656.131 (c). In the case of exceptions for telecommunication towers, the supplemental standards and criteria contained in Part 15 shall also apply. (j) Future Land Use Maps Series ("FLUMS") means the Future Land Use Map Series of the 2010 Comprehensive Plan. (k) Variance means a relaxation of the terms of the Zoning Code which will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the Zoning Code would result in unnecessary and undue hardship. Establishment or expansion of a use otherwise prohibited or not permitted shall not be allowed by variance nor shall a variance be granted because of the presence of nonconformities in the zoning district or in adjoining zoning districts. Requests to modify lot requirements so as to increase the permitted density of multiple-family dwellings shall not be considered a variance and is are specifically prohibited. A variance shall not change the uses permitted or permissible by zoning exception in a zoning district. (l) Waiver means a relaxation of the Zoning Code minimum distance requirements for liquor license locations, pursuant to Section 656.805 herein, and for minimum street frontage, pursuant to Section 656.407 . Waivers are authorized to be granted by the Commission pursuant to the criteria set forth in Section 656.133 . (m) Zoning Administrator means the Zoning Administrator, Planning and Development Department. The Zoning Administrator has the authority to grant administrative deviations and issue written zoning verifications, to accept applications for rezonings, variances, exceptions, waivers and administrative deviations, and such other duties as are set forth in the Zoning Code or may be delegated by the Director from time to time. (Ord. 91-59-148, § 1; Ord. 91-761-410, § 1; Ord. 94-436-709, § 4; Ord. 96-296, § 4; Ord. 98-678-E, § 1; Ord. 2001-715-E, § 11.6; Ord. 2017-318-E , § 1)