For those nonconforming structures or uses which are found to have exceptional value to the community, the historic district review board may grant a waiver of the limitations to alteration or expansion of such use. Such structures or uses may include, but are not limited to, churches and historic structures. An application for a waiver shall be filed with the administrator. Before granting such a waiver, the historic district review board shall find that all of the following conditions are met:

(a)

High Springs Historic District Review Board has found the use is an historic or cultural asset to the community.

(b)

The proposed alteration, reconstruction, or expansion will result in a substantial improvement in the appearance and structural integrity of the premises.

(c)

The proposed alteration will not increase the external impacts of the use on traffic conditions, or public utilities (including wastewater and potable water systems) beyond the adopted level of service.

(d)

The proposed alteration will not significantly increase external impacts on the natural environment.

(e)

The proposed alteration will not negate the historic/archaeological integrity of the building or site.

(1)

There may exist lots, structures, and uses of both, and characteristics of both which were lawful before this LDC was adopted, but which would be prohibited or restricted under the terms of this ordinance.

(2)

It is the intent of this LDC to permit these nonconformities to continue until they are removed. Nonconformities shall not be enlarged upon, expanded, intensified or extended.

(3)

It is further the intent of this LDC to permit greater leeway in the renovation and repair of certain nonconformities to promote the safety and general appearance, and to avoid the deterioration and shabby appearance that can come from longer term nonconformities.

(1)

This section (12.01.02) shall apply only to nonconforming lots that have no substantial structures upon them and are considered undeveloped. A change in use of a developed nonconforming lot shall be governed by section 12.01.04.

(2)

Where a nonconforming lot of record lawfully exists at the effective date of this LDC, and when a nonconforming lot of record can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller than the minimum lot size required by the district within which it is located, then the lot may be used as proposed just as if it were conforming.

(3)

When the proposed use for a nonconforming lot conforms in all other respects except setback requirements, then the city commission may allow deviations from the applicable setback requirements upon its finding that:

(a)

The property cannot be utilized as proposed without such deviations;

(b)

The deviations are necessitated by the size or shape of the nonconforming lot; and

(c)

The property can be developed as proposed without any significant adverse impact on surrounding properties, public health, or safety.

Compliance with applicable building setback requirements is not reasonably possible if the building that serves the needs of the use proposed for the nonconforming lot cannot practically be constructed and located on the lot in conformity with setback requirements. Financial hardship does not constitute grounds for finding that compliance is not reasonably possible.

(4)

If, on the date this LDC shall take effect, an undeveloped nonconforming lot adjoins and has continuous frontage with one or more undeveloped lots under the same ownership, then neither the owner of the nonconforming lot nor his successors in interest may take advantage of the provisions of this section. This subsection shall not apply to nonconforming lots if such combination of nonconforming lots would be out of character with the way the neighborhood has previously been developed and is presently existing.

Where lawful use of land exists, which would not be permitted by the provisions of this LDC, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased, intensified or extended to occupy a greater area of the land than was occupied at the effective date of this LDC.

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this LDC.

(3)

If any such nonconforming use ceases for any reason (except when governmental action impedes access to the premises or suffers complete destruction from a natural or man-made disaster) for a period of six consecutive months, any subsequent use of such land shall conform to the regulations specified by this LDC for the district in which such land is located.

(4)

No structures shall be added on such land except for the purposes and in a manner conforming to the regulations for the district for which such land is located.

(1)

Where a structure exists lawfully at the effective date of this LDC, that could not be built under this LDC by reason of restrictions on area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion may be altered to decrease its nonconformity.

(b)

Should such nonconforming structure or nonconforming portion of such structure be destroyed by any means to an extent of 80 percent of its replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this LDC.

(c)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district within which it is located after it is moved.

(d)

In addition to the foregoing, nonconforming signs shall not be:

1.

Continued in use when a conforming sign shall be erected on the same premises or unit;

2.

Continued in use when the structure housing the occupancy is demolished or required renovations, the cost of which exceed 50 percent of the assessed value of the structure;

3.

Continued in use after the structure housing the occupancy has been vacant for six months or longer;

4.

Continued in use after the floor area of the structure housing the occupancy has been increased by more than ten percent;

5.

Continued in use after a change in use of the structure housing the occupancy.

(2)

Notwithstanding the provisions in subsection (1) above, any structure used for single-family residential purposes and maintained as a nonconforming structure may be enlarged or replaced with a similar structure (even one of a larger size), so long as the enlargement or replacement does not create new nonconformities, or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. Mobile home replacement shall be by class "A" mobile home only.

Where a lawful use of a structure or a structure and premises in combination would not be allowed in the district under the terms of this LDC, the lawful use may be continued so long as it remains otherwise lawful and subject to the following provisions:

(1)

No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered without changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended throughout any part of a building that is manifestly arranged or designed for such use at the effective date of this LDC. Any nonconforming use that occupies any portion of a building not originally designed or intended for such use shall not be extended to any other part of the building. No nonconforming use shall be extended to any land outside the building, nor any additional building on the same lot or parcel, not used for such nonconforming use at the effective date of this LDC.

(3)

There may be a change in tenancy, ownership, or management of a nonconforming use providing there is no change in the nature or character of such nonconforming use.

(4)

Any nonconforming use of a structure or a structure and premises in combination, may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use provided the city commission shall find, after due public notice and hearing, that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to the surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the city commission may require appropriate conditions and safeguards in accordance with the intent and purpose of this LDC.

(5)

Any structure or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations of the district in which such structure is located, and the nonconforming use shall not thereafter be resumed, nor shall any other nonconforming use be permitted.

(6)

If any nonconforming use of a structure or structure and premises in combination ceases for any reason (except where governmental action impedes access to the premises or suffers complete destruction from a natural or man-made disaster) for a period of more than six consecutive months, any subsequent use shall conform to the regulations of the district in which the use is located.

(7)

No structures shall be added on such premises except for purposes and in a manner conforming to the regulations for the district in which such premises are located.

(8)

Should a structure containing a nonconforming use be destroyed by any means to the extent of more than 80 percent of its replacement value at the time of destruction, its status as a nonconforming use shall be terminated and it shall not be reconstructed except in conformity with all provisions of this LDC, except as provided in section 12.01.04(2) or in the event that the structure is completely destroyed or damaged beyond repair as a result of a natural or man-made disaster.

Shall apply to existing uses as follows:

(1)

In residential districts no change shall be made in landscaping which increases nonconformity with regulations set out in this LDC, except that changes may be made that do not increase, or which decrease, any landscaping nonconformity.

(2)

In commercial and industrial districts, landscape buffers shall be installed to comply with the requirements of this ordinance no later than three years from the date of enactment of this ordinance. During the interim between enactment of this ordinance and full compliance, no change shall be made in such characteristics of use which increases nonconformity with regulations set out herein, except that changes may be made which do not increase, or which decrease such nonconformity.

If characteristics of use such as residential density, off-street parking or off-street loading, or other matters pertaining to the use of land, structures and premises, are made nonconforming by this LDC, no change shall thereafter be made in such characteristics of use which increases nonconformity with regulations set out in this LDC; provided, however, that changes may be made which do not increase, or which decrease, such nonconformity.

The casual, temporary or illegal use of land or structures, or land and structures in combination, shall not establish the existence of a nonconforming use or create rights in the continuance of such use.

The plan board has been established which may grant a variance from the strict application of any provision of this Code if the following procedures are followed and findings made.

Any person desiring to undertake a development activity not in conformance with the standards and requirements of this Code may apply for a variance in conjunction with the application for development approval. Land uses which do not comply with this Code and the Comprehensive Plan shall not be eligible for a variance. A development approval that might otherwise be approved by the SPRC shall be approved by the plan board if a variance is sought and granted. The variance shall be granted or denied in conjunction with an application for a development permit or development order.

The plan board shall first determine whether the need for the proposed variance arises out of the physical surroundings, shape, topographical condition, or other physical or environmental conditions that are unique to the specific property involved. If so, the plan board shall make the following required findings based on the granting of the variance for that site alone. If, however, the condition is common to numerous sites so that requests for similar variances are likely to be received, the plan board shall make the required findings based on the cumulative effect of granting the variance to all who may apply.

The plan board shall not vary the requirements of any provision of this Code unless it makes a positive finding, based on substantial competent evidence, on each of the following:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district;

(2)

The special conditions and circumstances do not result from the actions of the applicant;

(3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this LDC to other lands, buildings or structures in the same zoning district;

(4)

Literal interpretation of the provision of this LDC would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this LDC and would work unnecessary and undue hardship on the applicant;

(5)

The variance granted is the minimum variance that would make possible the reasonable use of the land, building or structure; and

(6)

The granting of the variance will be in harmony with the general intent and purpose of this LDC, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

In granting a development approval involving a variance, the plan board may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors or to minimize the injurious effect of the variance.

In addition to the findings required in section 12.02.04 above, the plan board shall find that the requested variance will not result in additional threats to public safety, additional public expense, the creation of nuisances, fraud or victimization of the public, or conflicts with other local ordinances. Before granting a variance, the plan board shall consider:

(a)

The danger that materials may be swept from the site onto other lands to the injury of others;

(b)

The danger to life and property due to flooding or erosion damage;

(c)

The susceptibility of the proposed facility and its contents to cause flood damage and the effect of such damage on the individual owner;

(d)

The importance of the services provided by the proposed facility to the community;

(e)

The necessity to the facility of a waterfront location, where applicable;

(f)

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(g)

The compatibility of the proposed use with existing and anticipated development;

(h)

The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;

(i)

The safety of access to the property in times of flood for ordinary and emergency vehicles;

(j)

The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

(k)

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electrical, and water systems, and streets and bridges.

Upon consideration of the factors listed above, the plan board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Code.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Variances shall only be issued upon (1) a showing of good and sufficient cause; (2) a determination that failure to grant the variance would result in exceptional hardship; and, (3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built, and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

The administrator shall maintain a record of all variances including the justification for their issuance and a copy of the notice of the variance.

Any interested party may file a complaint, in writing, and signed by the complaining party, with the administrator.

(1)

The administrator shall investigate the complaint and determine whether there has been a violation of this LDC.

(2)

The administrator shall advise the complaining party in writing as to whether there has been a violation of this LDC, and if a violation is found, the nature of the violation and the method of enforcement to be utilized by the administrator.

(1)

The zoning administrator shall provide any violator of the LDC with:

(a)

Written notification as to the exact violation of the LDC; and

(b)

The minimum action that may be taken to correct the violation; and

(c)

The time within which the violation must be corrected.

(2)

If the zoning administrator finds prompt and continuous diligent effort to correct the LDC violation, the zoning administrator may grant an extension of time so that the violator may conform with the requirements of the LDC without further enforcement action.

Any person who is in violation of this LDC shall be guilty of a non-criminal offense as provided by F.S. § 775.08(3).

This LDC shall be enforced utilizing the codes enforcement board to the greatest extent permitted by law.

The police department is empowered to enforce noise standards prescribed in article IX through citation issuance.

(a)

It is a civil infraction to violate any section of this part. The civil penalty for such infraction is as follows:

(1)

First violation, fine of $50.00.

(2)

Second violation, fine of $100.00.

(3)

Third and subsequent violations, fine of $250.00 per violation.

Unless the violation is by nature uncorrectable within a 24-hour period, each day during which the violation continues shall constitute a separate violation.

(b)

Any police officer who has probable cause to believe that a person has committed an act in violation of this part may issue a citation therefor.

(c)

Any person issued a citation pursuant to this part may:

(1)

Pay the civil penalty, either by mail or in person, within ten days of receiving the citation; or

(2)

Contest the citation in county court.

(d)

Any person electing to contest the citation and choosing to appear in county court shall be deemed to have waived the limitations on the civil penalty specified in subsection (a) of this section. The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of a violation has been proven, the court may impose a civil penalty not to exceed $500.00.

(e)

Any person who willfully refuses to sign the citation issued by the police officer is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation shall be enforced by an officer if the police department.

(f)

Any person who has not requested a hearing and who has not paid the fine specified in subsection (a) of this section within ten days is guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082, 775.083, or 775.084. This violation may be enforced by an officer of the police department or by the issuance of a warrant through the court.

(g)

If any person fails to pay the civil penalty or fails to appear in court to contest the citation as required by the subsection (c) of this section, the court may issue an order to show cause upon the request of the city. This order shall require such person to appear before the court to explain why such action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court directive, that person may be held in contempt of court.

The city manager of designee shall notify the operator of any device that produces sound constituting a noise disturbance that the device is a heath hazard. The city manager or designee shall have the power and authority to have the device removed or toned down instantly until such time as it can be otherwise operated in compliance with these regulations. The owner of the device will be notified when and where the property can be reclaimed.

Any aggrieved person may appeal an interpretation, decision or final order of the administrator, plan board, or historic preservation board as follows:

(1)

A notice of appeal shall be filed in writing with the administrator within thirty days after the date of the interpretation, decision or final order appealed. The city administrator shall prescribe and provide a form for such filing.

(2)

The administrator shall transmit to each member of the city commission, and the person filing the appeal, all copies of all documents constituting the record of action that is appealed. The person making the appeal may apply to the city commission to submit such additional documents as may be considered relevant and necessary to complete the record.

(3)

An appeal stays all proceedings in furtherance of the action appealed.

The commission may affirm or reverse, in whole or in part, or amend the interpretation, decision or final order, and shall make any interpretation, decision or order, that in its opinion should be made in the case before it. To this end, the city commission shall have all of the powers of the agency from which the appeal was taken.

Before making a decision on any appeal, the city commission shall conduct a formal public hearing; except that if the decision being appealed was reached at a formal public hearing before the plan board or the historic preservation board, the city commission shall limit its review to a review of the transcript of the formal public hearing and consideration of any applicable law to determine whether a reasonable basis exists to support the agency decision.

(1)

If the city commission finds that a reasonable basis exists for the finding of the agency at the formal public hearing, the decision of the agency shall be affirmed.

(2)

If the city commission finds that a sufficient reasonable basis does not exist to support the agency decision, the decision of the agency shall be modified in whole or in part. To this end, the city commission shall have all of the powers of the agency from which the appeal was taken.

Simultaneously with the submittal of record plat, the developer shall submit either a certification of construction completion or documents sufficient to guarantee that all required or approved improvements can be completed. A sample certification of construction completion is included in one of the following pages. A guarantee of future completion may be in any of the following forms:

Performance bond;

Escrow agreements, or any substantially similar document or assurance technique acceptable to the city.

The guarantee agreed to by city commission and the developer shall recite in substance:

(a)

That improvements required or approved by the city shall be completed in accordance with approved specifications, plans and with the standards set out in these regulations for such improvements;

(b)

That in the event that such improvements are not completed, the city shall be entitled to draw or make claim against said document, and the principals, surety or guarantor, thereto, for monetary amounts sufficient to complete the improvements which remain uncompleted or which have not been installed as required;

(c)

That the document inures to the benefit of the City of High Springs;

(d)

That in the event the city is forced into litigation in order to collect under said document, the developer as principal shall be liable for attorney fees and court costs incurred by the city; and

(e)

That the developer is responsible for requesting a final inspection of the improvements at least sixty days prior to the termination of the completion guarantee.

The document shall be on a form approved by the city attorney which form shall comply, in substance, with the requirement recited above.

In the instance of a record plat involving vacant or unimproved property on the date of approval, the amount which shall be made available to the city under the terms of such a document shall be an amount equal to 125 percent of the estimated cost of providing and installing required or approved improvements, which estimate shall be certified and submitted to the city by an engineer duly registered in the State of Florida.

In an instance of a record plat involving property upon which more than 50 percent of a required or approved improvements have been completed, the amount which shall be made available to the city under the terms of such a document shall be an amount equal to 125 percent of the estimated cost of providing and installing remaining uncompleted improvements, which estimate shall be certified and submitted to the city by an engineer duly registered in the State of Florida.

The required document shall remain in full force and effect until: (1) the improvements have been completed in accordance with standards set forth in this Code and with approved plans and specifications; (2) a certificate of completion has been issued by the city; and (3) the bond has been released by city commission.

A developer, at his option, may apply for a partial release of a portion of the monetary amount provided for in such a document upon a demonstration that a corresponding specifically described portion or phase of required or approved improvements has been totally completed in the manner specified above. Commission, at its discretion, may elect to release the portion requested upon the issuance of a certificate of completion by appropriate city departments as to the completed portion or phase.

Upon completion of the required or approved improvements, the developer shall:

(a)

Provide to the city a certification of construction completion from an engineer, duly registered in the State of Florida, the improvements have been constructed and completed in substantial conformity to the approved plans and specifications, and to the requirements and standards imposed by these regulations; and

(b)

Shall apply for the release or reduction of dollar amount of the assurance document.

Upon receipt of a certification of construction completion and application for release, the city manager shall provide a recommendation to commission as to whether a release should be given. Commission may then release the assurance document, with or without conditions, based upon circumstances.

In all cases involving laboratory tests, reports shall be submitted to the building official. Such tests shall be made by an approved testing laboratory and certified by an engineer registered in the State of Florida, at the expense of the developer.

The developer, or his successors in interest, shall have the duty and responsibility for routine and periodic maintenance of all dedicated, required, approved or other improvements unless such maintenance is voluntarily, officially and specifically assumed by the city in an official meeting of the city commission.

It shall be the policy of the City of High Springs to assume maintenance of improvements that have been built to city specifications, have been dedicated to the city and when it is deemed to be in the best interest of the City of High Springs, at its sole discretion, to assume such improvements. Subdivision regulations shall require the formation of a homeowners association/developer to take responsibility for retention areas. The city shall assume maintenance of improvements only where the same have been built to city specifications and have been dedicated to and accepted by the city.

Improvements which are not constructed to city and state specifications must be brought up to such specifications prior to becoming eligible for acceptance by the city for maintenance.

For purposes of this section, privately owned roads or streets, land roads or streets for which an offer of dedication has not been officially accepted by city commission, shall not be deemed part of the city street system, and shall not be maintained by the city unless such maintenance is voluntarily assumed by the city. The duty and responsibility to maintain such streets and roads shall be that of the developer, his successors in interest, the landowner, the abutting property owners or condominium association.

Approval of a plat or construction plan by city commission shall not be deemed to constitute acceptance for maintenance of streets, roads or other areas or improvements shown on the plat unless such maintenance is voluntarily, specifically and officially assumed by the city.

It shall be the policy of city commission not to accept dedicated improvements for city maintenance until a one-year trial period has elapsed, commencing on the date of receipt of a certificate of construction completion.

The developer originally responsible for installing such improvements shall concurrently with submission of a certificate of completion provide one of the following documents for the purpose of guaranteeing the workmanship and materials of improvements for the one-year trial period.

Maintenance bond, escrow agreement, cash bond, any substantially similar document or assurance technique.

The document chosen shall recite, in substance:

(a)

That the dedicated, repaired or approved improvements shall be maintained or repaired for the one-year trial period;

(b)

That in the event such improvements are not maintained at any time during said one-year period, the city, after at least ten days written notice, shall be entitled to draw or make claim against said document, and the principals thereto, for monetary amounts sufficient to repair or maintain the improvements in a manner sufficient to protect or restore the same;

(c)

That the document inures to the benefit of the City of High Springs;

(d)

That in the event that the city is forced into litigation in order to collect under said document, the principals shall be liable for attorney fees and court costs incurred by the city; and

(e)

That the developer is responsible for requesting a final inspection at least 60 days prior to the termination of the maintenance guarantee.

The document shall be on a form approved by the city attorney, which form shall comply, in substance, with the requirements cited above.

The amount which shall be made available to the city under terms of said document shall be an amount equal to 15 percent of the cost of installing such improvements. However, if a developer has a history of having had claims made against posted assurance documents for noncompliance, or a history of noncompliance with design standards, the city may require assurance documents in amounts up to an additional ten percent of the cost of installing such improvement.

The maintenance assurance document shall remain in full force and effect until released by city commission, which release shall be given if the improvements are found to be in food repair at the conclusion of the one-year maintenance period.

It is hereby declared to be the express duty of the developer to construct improvements in conformity with the specification and standards required by these regulations. Any improvement which is the subject of an assurance document and which is determined to be defective, improperly constructed, or substandard as not being in compliance with the design standards of these regulations, shall be repaired, replaced, or rebuilt by the developer, at the option of the city as an alternative to the city making a claim against any performance or maintenance assurance document and as an additional remedy to other remedies provided for herein.

No development of a subdivision shall be commenced by any person unless a development permit authorizing such development has been obtained from the city and the procedures established by this Code have been complied with.

It shall be unlawful for anyone who is the owner of any land, or agent of the owner, to transfer, sell, agree to sell or negotiate to sell such land by reference to, exhibition of or other use of a plat of a subdivision of such land without having submitted a plan and plat of such subdivision for plat approval in accordance with these regulations and without having recorded the approved subdivision plat.

No building shall be erected on a lot or parcel of land subject to this Code, nor shall any building permit be issued thereof unless such lot or parcel abuts a street dedicated to the public, or is shown on a legally recorded subdivision plat, or a variance has been granted.

Any person who violates any provisions of these regulations shall be prosecuted and punished in the manner provided by law. Each day that the violation continues shall constitute a separate violation. All costs for enforcement, prosecution, and judicial review shall be assessed against the violator on finding by the court or code enforcement board or special magistrate that the violations have occurred.

(Ord. No. 2017-05, § 2, 6-8-2017)

The plan board may grant a variance from the terms of this Code when such variance will not be contrary to the public interest; where, owing to special conditions, a literal enforcement of provisions would result in unnecessary hardship; or where improved or alternative technology would meet or exceed the development and construction standards set herein. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted unless and until:

(a)

A written application for a variance is submitted demonstrating compliance with criteria (1)—(4) or with criteria (5) following:

(1)

That special conditions and circumstances exist which are peculiar to the land, or required subdivision improvements which are not applicable to other lands or required subdivision improvements;

(2)

That a literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties with similar conditions;

(3)

That actions of the applicant did not cause the special conditions and circumstances which necessitate the variance;

(4)

That the granting of the variance requested will not confer on the applicant any special privilege that is denied to other lands or required subdivision improvements under similar conditions; or

(5)

Through improved or alternative technology development and construction standards are met or exceeded.

(b)

Commission finds that the requirements of this section have been met based upon the review and findings of the site plan review committee and information presented at the hearing;

(c)

Commission further funds that the reasons set forth in the application justify the granting of the variance that would make possible the reasonable use of the land;

(d)

Commission finds that the granting of the variance would be in harmony with the general standards, purpose and intent of this Code and will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.

Plan board shall consider the request for variance at a meeting after giving appropriate notice to the applicant and property owners within 150 feet of the proposed subdivision. The meeting may be held prior to or at the presentation for approval of the preliminary plan or at any other time where the hardship arises after preliminary plan approval.

In granting a variance, plan board may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation.

Decisions made by the administrator which adversely affect the interests of a person may be appealed to the city commission by a person aggrieved by such a decision.

Any person seeking appeal under this section must file a notice of appeal with the city clerk within 30 days of the date of the rendition of the order or decision, to which that person claims to be adversely affected.

Upon written notice of an appeal stating the reasons therefore, the appeal shall be scheduled before city commission at a public hearing.

At the conclusion of the hearing, commission may uphold, reverse, or modify the appealed decision. Commission may also impose any conditions on applicant which are necessary to implement the provisions and intent of these regulations.

The board, or any aggrieved person, may resort to such remedies in law and equity as may be necessary to ensure compliance with the provisions hereof, including injunctive relief to enjoin and restrain any person violating said provisions.

A city inspector may inspect all construction and all materials, and may inspect preparation, fabrication, or manufacture of supplies.

The city inspector is not authorized to revoke, alter, or waive any requirements of the specification imposed by this chapter, but he is authorized to call to the attention of the subdivider any failure to work or materials to conform to the plans or specifications. The city inspector shall have the authority to reject materials or suspend the work until any questions of issue can be referred to and decided by the city.

The city inspector shall in no case act as foreman or perform other duties of the subdivider, not interfere with the management of the work; and any advice which the city inspector may give to the subdivider shall in no way be construed as binding to the city or releasing the subdivider from carrying out the intent of the plans and specifications.

City employees authorized to issue permits, including building permits and certificates of occupancy, shall withhold such permits from any person found to be in violation of this Code. However, any person aggrieved by a decision to withhold a permit may appeal such decision to city commission and may, upon demonstration of compliance, have the decision reversed or modified.

After required improvements have been installed, a Florida registered engineer shall submit certification that the improvements have been constructed according to approved plans and specifications. The administrator or designee shall periodically inspect all construction subject to this chapter. He shall immediately call to the attention of the developer and his engineer any failure of work or material or suspend the work when not in conformity with approved plans and specifications. Laboratory test reports shall be furnished to the administrator or designee on the subgrade stabilizations, base and wearing surface and other materials as deemed necessary by the administrator or designee. All tests shall be made by a reputable testing laboratory and certified to by a Florida registered engineer responsible for the specific test and subsequent reports.

No building permit or certificate of occupancy shall be issued to any person who fails to comply with the review and approval requirements of this Code.

Any person violating the provisions of these regulations and causing damage, destruction or unsafe, dangerous, or unhealthy conditions, shall be responsible for:

(a)

Correcting such conditions;

(b)

Repairing damage to or replacing destroyed public property;

(c)

Reimbursing the city for the cost of correcting such conditions; repairing or replacing publicly owned or maintained property where such correction, repair or replacement by the city is required;

(d)

Indemnifying the city for any liability for damages caused by such violation or violations.

Any person failing to implement or carry out development in accordance with these regulations or approved plans, development permits, applications, conditions or standards, shall be responsible for correcting, repairing or replacing materials, property or conditions in order to bring the development into conformity with such regulations, plans, development permits, applications, conditions or standards.