The town clerk shall serve as the planning and zoning official. His or her duties shall be as follows:

(1)

The planning and zoning official is authorized and empowered on behalf of and in the name of the town commission to administer and enforce the provisions of this article, and may receive applications for zoning changes, variances and special exceptions.

(2)

The planning and zoning official does not have the authority to take final action on applications or matters involving variances, nonconforming uses, or other exceptions that this article has reserved for public hearings before the town commission.

(3)

The planning and zoning official shall keep records of all and any permits, maps, plats and other documents with notations of all special conditions involved. He or she shall file and safely keep copies of all sketches and plans submitted, and such copies shall form a part of the records of his office and shall be a public record of the town.

(4)

The planning and zoning official shall attend all meetings of the planning and zoning board.

(Ord. No. 00-10-1, § 5.1, 10-4-2000; Ord. No. 2019-01, § 1(5.1), 8-5-2019)

Cross reference— Officers and employees, § 2-31 et seq.

Permits shall be issued in accordance with the following provisions:

(1)

All zoning approval will be contingent upon the building official coordinating with the town staff or town commission as needed. All sketches, permits, and plans shall meet the requirements of the building official and the state building code.

(Ord. No. 00-10-1, § 5.2, 10-4-2000; Ord. No. 2019-01, § 1(5.2), 8-5-2019)

The town commission may, from time to time, amend, supplement, or change the regulations and zoning districts established in this article or subsequently established. Proposals for zoning amendments, whether initiated by the town commission, or any other person, shall be treated in accordance with the following procedure:

(1)

An application must be submitted in writing to the planning and zoning official and must be accompanied by a site plan of the proposed use included in any petition for a zoning map amendment. Such site plan shall include a legal description of the property, and the existing land use on adjacent and surrounding properties. An application for a change of classification for a parcel of land shall only be instituted by the town commission or the owner of the property, or his/her authorized agent. An application for a zoning text amendment shall be submitted in writing, including reasons for the proposed change.

(2)

The completed application shall be submitted to the planning and zoning official. The planning and zoning official shall ensure that a meeting is scheduled within 21 days of receipt of the application. Whenever a proposed amendment to this article involves changing the zoning classification of a parcel of property from one district to another, the applicant shall cause to have posted, at least 15 days prior to the meeting, excluding Sundays and legal holidays, in a conspicuous place on the property, one or more signs, each of which shall contain information as to the proposed change and the date and time of the board meeting. The signs shall not be less than six square feet in area and shall be paid for by the applicant.

(3)

The town commission shall hold a public hearing, after public notice as described in section 26-784, to consider the proposed zoning amendment, and shall take action on the proposed zoning amendment within 45 days from the conclusion of the public hearing. It shall require all five commissioners to vote. No final action shall be taken by the town until approval is obtained for a comprehensive plan amendment if required.

(4)

Any petition for a zoning amendment may be withdrawn prior to action thereon by the town commission at the discretion of the person initiating such a request, upon written notice to the town clerk.

(5)

A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six months.

(Ord. No. 00-10-1, § 5.5, 10-4-2000; Ord. No. 2019-01, § 1(5.5), 8-5-2019)

(a)

Notice of intent, including time and place of all hearings, to consider a zoning amendment, appeal, variance, or special exception shall be given in accordance with state law prior to the hearing. The developer shall be responsible for the costs of such notice.

(b)

Notice shall be given as follows, and as defined in F.S. § 166.041:

(1)

Written notice to the applicant and surrounding property owners.

(2)

Published notice in a local newspaper officially designated by the town commission.

(3)

Posting of signs on the property by the applicant, each of which shall not be less than six square feet in area. In the case of a zoning amendment, this requirement may be met by including required information on the sign notifying the public of the planning and zoning board meeting.

(Ord. No. 00-10-1, § 5.6, 10-4-2000; Ord. No. 2019-01, § 1(5.6), 8-5-2019)

The town commission may appoint a planning and zoning advisory committee to aid decision-making and to help with researching planning and zoning issues.

(1)

Qualifications of members of the planning and zoning advisory committee. As members, the electors who compose the planning and zoning advisory committee shall not, by direct employment or otherwise, derive any of their income from matters related to actions that come before the planning and zoning board.

Members of the planning and zoning advisory committee shall serve without compensation under normal circumstances. The town commission may, under unique circumstances, determine that the business at hand requires an excessive amount of the committee's time and effort and may compensate committee members in a manner commensurate with the business before the committee. Any recommendations or requests for compensation must be brought before the full town commission for approval.

(2)

Term of office for planning and zoning advisory committees. Members of the planning and zoning advisory committee may serve for a period designated by the town commission or town staff. In the event of death, resignation or disqualification of any appointee, the town commission or town staff may appoint a successor who may serve for the unexpired remainder of the appointment period.

(3)

Meetings of planning and zoning advisory committees. All meetings of planning and zoning advisory committees must be publicly noticed and held in a public forum with at least 24 hours' notice. The committee may vote on the business at hand, but the town commission is not obligated to act on a positive or negative vote.

(Ord. No. 2019-01, § 1(5.61), 8-5-2019)

(a)

It is the intent of this article to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this article is desirable to promote orderly and compatible development. It is also the intent of this article to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

(b)

Any structure or use of land existing at the time of the enactment of the ordinance from which this article is derived, or at the time of enactment of any amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

(1)

Repair of unsafe structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition, provided the requirements in this section are met.

(2)

Extension of nonconforming use. A nonconforming use of a building shall not be extended to include either additional buildings, floor area or land after the effective date of the ordinance from which this article is derived.

(3)

Addition of nonconforming uses. Additional nonconforming uses shall not be added.

(4)

Restoration of damaged buildings. A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding 50 percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the planning and zoning board.

(5)

Reestablishment of discontinued nonconforming use. A nonconforming use which became such by adoption of the ordinance from which this article is derived and which has been discontinued for a continuous period of two years shall not be reestablished, and any future use shall be in conformity with the provisions of this article.

(6)

Nonconforming lots of record. Where a lot of record established prior to the time of enactment of the ordinance from which this article is derived does not conform to the dimensional requirements contained in this article, the lot may be used for a single-family dwelling if the district permits such use. For the use of a nonconforming lot for other than single-family purposes, the owner must apply for a variance from the planning and zoning board.

(Ord. No. 00-10-1, § 3.4, 10-4-2000)

Cross reference— Buildings and building regulations, § 26-91 et seq.

The planning and zoning board consists of the members of the town commission, with the vice-chairperson of the town commission serving as the chairperson for the planning and zoning board. By a majority vote, the town commission may appoint a planning and zoning committee to be composed of five members, consisting of a chairperson and four other members, all of which shall be qualified electors of the town.

(Ord. No. 2019-01, § 1(5.31), 8-5-2019)

The planning and zoning board shall adopt rules governing its procedures and conduct of its business. Such rules shall be in a form similar to the standing rules of the town commission and include the following:

(1)

The board shall hold workshops as necessary upon the call of the chairperson or a majority of the board. Board members shall be notified at least 24 hours in advance of meetings and notice of the meeting must meet requirements set forth in the laws of the state. Additionally, business can be conducted at regular town commission meetings except when voting on appeals, variances, special exceptions or zoning changes, which require an advertised public hearing.

(2)

A majority of the board shall constitute a quorum for the purpose of meetings and transacting business. No recommendations of the board for amendment of this article or the rezoning of land and no final action on zoning variances shall be taken without the affirmative vote of three members. Failure to receive three affirmative votes shall act as a denial by the board. If less than a full five-member board is present, the applicant shall have the opportunity to continue the request prior to action thereon at the next meeting of the planning and zoning board when a full five-member board is present.

(3)

The board shall, by a majority vote, elect from its membership one who will serve as vice-chairperson. The vice-chairperson shall serve at the pleasure of the chairperson and shall be approved by the town commission.

(4)

When the town commission acts in the capacity of a planning and zoning board, the town clerk shall keep minutes of its proceedings, showing the vote of members upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the town office and shall be public record.

(5)

The board shall obtain legal assistance by requesting such assistance of the town staff.

(6)

All meetings of the board shall be open to the public.

(Ord. No. 2019-01, § 1(5.31(a)), 8-5-2019)

The planning and zoning board shall:

(1)

Serve as an appeals and adjustment board on matters relating to zoning. In this capacity, the board shall be authorized to:

a.

Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination of the planning and zoning official in the enforcement of this article.

b.

Grant special exceptions as provided in this article.

c.

Grant zoning variances as provided in this article, provided that no such variance may be granted which allows a use of property contrary to this article.

(2)

Whenever a use is neither specifically permitted nor denied, the planning and zoning board shall permit or deny the use, upon application, in writing, made to the planning and zoning official. The board may permit such use if it is similar to, and compatible with, permitted uses in the district and conflicts in no manner with the general purpose and intent of this article.

(Ord. No. 2019-01, § 1(5.32), 8-5-2019)

Request for a hearing before the planning and zoning board for review of the decision of the planning and zoning official, special exception or variance shall follow the following procedures:

(1)

A completed application form shall be filed with the planning and zoning official. Such application shall state the grounds for review of the decision of the planning and zoning official or, in the case of an application for special exception or variance, the pertinent facts on which the application is based. The planning and zoning official may assist the applicant in preparing the application.

(2)

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the planning and zoning official.

Such site plan shall include, as a minimum, the following:

a.

Lot dimensions with property line monuments located thereon.

b.

Location and size of existing and proposed structures.

c.

Yard dimensions and the use of structures.

d.

Easements (private and public), watercourses, existing and proposed fences, street names, and street right-of-way lines, and such information regarding abutting property as directly affects the application, including, but not limited to, the names and current resident addresses of abutting property owners.

(Ord. No. 00-10-1, § 5.41, 10-4-2000; Ord. No. 2019-01, § 1(5.41), 8-5-2019)

A public hearing shall be held to consider an application for a variance, special exception, or appeal. Notice of such public hearings shall be made as provided in section 26-784, pursuant to F.S. § 166.041.

(Ord. No. 00-10-1, § 5.42, 10-4-2000; Ord. No. 2019-01, § 1(5.42), 8-5-2019)

Where feasible, the planning and zoning board shall hear any request under this subdivision at a meeting called within 21 days of the request.

(1)

The board shall render a decision on any appeal or other matter before it within 14 days from the conclusion of the public hearings concerning such appeal or other matter.

(2)

In exercising the powers granted, the planning and zoning board may, in conformity with the provisions of this article, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determinations of the planning and zoning official, may grant or deny the special exception or variance upon entering written findings of fact, and may issue or direct the issuance of a zoning compliance permit.

(3)

Any petition for a hearing before the board may be withdrawn prior to action thereon by the board at the discretion of the applicant upon written notice to the planning and zoning official.

(4)

Any person or persons severally or jointly aggrieved by the decision of the board regarding a variance, special exception, or interpretation appeal may, within 30 days thereafter, appeal to the Flagler County Court. No final action shall be taken by the town until approval is obtained for a comprehensive plan amendment if required.

(Ord. No. 00-10-1, § 5.43, 10-4-2000; Ord. No. 2019-01, § 1(5.43), 8-5-2019)

(a)

A variance may be granted, upon application, from the terms and provisions of this article as will not be contrary to the public health, safety, welfare and morals where, owing to special conditions, a literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship. Such variance may be granted in such individual case of unnecessary hardship upon a written finding by the planning and zoning board that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of the provisions of this article to the particular piece of property would create an unnecessary hardship;

(3)

Such conditions are peculiar to the particular piece of property involved and not created by actions of the applicant; and

(4)

Relief or variance, if granted, would not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this article, or create any detrimental conditions to the surrounding property owners.

(b)

No variance may be granted for a use of land or building that is not permitted by this article.

(Ord. No. 00-10-1, § 5.44, 10-4-2000)

(a)

A building permit is required for the construction of all fences.

(b)

As the town is growing, with the homes becoming closer together, it may, for the security of the property, the security of children or the retention of pets, boundary limits, or beautification of the property, be deemed by the owner that a fence is necessary. If the property owner feels that the setback limits create a hardship in loss of space, the owner must obtain a location survey and can place the fence within six inches of the lot line.

(c)

The following minimum standards must be met, plus any other stipulations that may be made by the planning and zoning board, before issuing the variance. All requirements listed in this subsection plus a building permit are required, whether the proposed fence is set back or on the "line."

(1)

Most properties in this community are not accessible from the rear, therefore, if the setback is not used, any fencing or partitioning materials must be made to withstand high wind and corrosion, also be able to be breached if necessary by the fire or rescue units.

(2)

Since the view is of primary concern, no fence (except where required) may exceed six feet in height, or be less than three feet.

(3)

The "good" or most presentable side of the fence must face the abutting property and/or street.

(4)

All fencing must be as child-proofed as possible, i.e., slatted fences should have spaces between slats no larger than three inches.

(5)

No fencing may hinder or in any manner add to the maintenance of the adjoining property, mowing, edging, etc.

(6)

A living partition must be kept trimmed in height and back to the property from which it comes.

(7)

Due to the possible high winds in this area and the potential of lethal flying articles, fencing must be securely built with no intentional sharp objects protruding, and posts should be set in concrete.

(8)

No fence may be wired or have the ability to harm, shock or frighten for any reason.

(9)

The condition of the fence must be maintained at all times. Permission of the adjoining property owner must be obtained before entering that property to do such maintenance.

(10)

All gates must be made to swing into the property only.

(11)

Acceptance of a variance and/or building permit binds the owner of record to the requirements set forth in this subsection (c).

(12)

Should a state or federal agency need to utilize a parcel of property in the Town of Beverly Beach, their requirements for fencing shall supersede the requirements set forth in Ordinance 00-10-1 and the amendments by Ordinance 2024-03.

(13)

The maximum height for fences in rear and side yards shall be six feet above the average natural grade, unless the fence is on a lot contiguous to the Intracoastal Waterway or the Atlantic Ocean.

(14)

Lots that are contiguous to the Intracoastal Waterway or the Atlantic Ocean shall have a maximum height of four feet in the rear and side yards above the average natural grade.

(15)

Fences placed in the front yard of any property shall not exceed four feet in height above average natural grade.

(16)

Materials shall be non-corrosive metal, pressure-treated wood, poly vinyl chloride (PVC), brick or concrete.

(17)

Fences using concrete or brick as the main component shall have a maximum height of four feet, including side yards and rear yards.

(18)

Non corrosive metal chain-link fences shall not have slats, fabric or similar types of screening material added to them, and shall be black, bronze or white in color.

(19)

All fences except those included in subsection (c)(12) shall have a primary structure on the property before a building permit is granted.

(Ord. No. 00-10-1, § 5.45, 10-4-2000; Ord. No. 2024-03, § 6(Exh. A), 8-5-2024)

(a)

The planning and zoning board shall hear and decide upon requests for special exceptions. The board may approve, approve with conditions, or deny requests which are not in harmony with the intent and purpose of this article. In making its determination, the board shall be guided by the following:

(1)

Ingress and egress to and from the property and the proposed structures thereon, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

(2)

Off-street parking and loading areas, where required, including consideration of relevant factors in subsection (a)(1) of this section and the economic, noise, glare, or odor effects of the locations of such off-street parking.

(3)

Refuse and service areas, including consideration of relevant factors in subsections (a)(1) and (2) of this section.

(4)

Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use.

(5)

Screening and buffering, including consideration of such relevant factors as type, dimensions, and character to preserve and improve compatibility and harmony of uses and structures between the proposed special exception and the uses and structures on adjacent and nearby properties and properties generally in the district.

(6)

Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of such signs and lighting on properties in the district and compatibility and harmony with other properties in the district.

(7)

Required yards and open spaces.

(8)

Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district.

(9)

Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.

(b)

In granting any special exception, the planning and zoning board may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this article. In making a grant of special exception, the board shall prescribe a time limit within which the action for which the special exception is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the special exception.

(Ord. No. 00-10-1, § 5.46, 10-4-2000)