The purpose of this chapter is to provide mechanisms for obtaining relief from the provisions of this ULDC where hardship would otherwise occur. There are two ways that potential relief from hardship is addressed: relief through requirements regarding nonconforming development; and, potential relief through the grant of a variance from the design standards of this ULDC.

The lawful use of a building, structure or premises, existing at the time of the adoption of this ULDC, may continue although such use does not conform to the provisions of this ULDC.

A.

Subject to the provisions in Section 9.01.00, the use of land or buildings existing on the date of enactment of this ULDC shall be allowed to continue, if such use is otherwise lawful.

B.

Nothing in this chapter shall be construed to prevent the ordinary and routine maintenance and repair of nonconforming structures.

C.

Existing prohibited land uses within the wellhead protection area shall be considered nonconforming uses as established in Section 3.03.02.

A.

No existing building, structure or premises shall be changed, reconstructed, extended or structurally altered in any manner or used for any purpose not consistent with the provisions of this ULDC or any other applicable law.

B.

Such nonconforming use shall not be enlarged, increased or extended or occupy a greater area of land than at the time of the adoption of this ULDC.

C.

If such nonconforming use shall be discontinued for a continuous period of one hundred eighty (180) days, every future use of such premises shall be in conformity with the provisions of this ULDC.

D.

A nonconforming structure may be repaired when such structure is partially destroyed or damaged, provided that the costs of repair or replacement are less than fifty (50) percent of the value of the structure, based on the appraised value as assessed by the County Property Appraiser.

E.

Any nonconforming building or structure, which has been destroyed fifty (50) percent or more by fire, explosion, or the public enemy, may not be continued, except in conformity with this ULDC.

F.

Any nonconforming building or structure, which has been destroyed fifty (50) percent or more by an act of God may be rebuilt to the same footprint and aesthetics as prior to the act of God so long as such is completed in conformance with the Florida Building Code, all other Municipal, County, State, and Federal laws as well as in compliance with all State and Federal administrative rules and regulations. Any nonconforming building or structure which has been destroyed fifty (50) percent or more by an act of God which is not rebuilt to the same footprint and aesthetics shall be completed in conformance with the existing and most recent ULDC. It shall be the responsibility of the owner of the nonconforming building or structure to show that reconstruction is to be completed as to the same footprint and aesthetics.

G.

Where the nonconformity is solely due to either the impervious surface ratio or the stormwater management system, structural additions may be made under the following conditions:

1.

The proposed addition is less than twenty (20) percent of the existing square footage, or less than five hundred (500) square feet, whichever is less;

2.

The addition is not within the required setbacks or buffers;

3.

No additional off-site discharge of stormwater is created; and

4.

No additional parking spaces are required.

(Ord. No. 1070, § 1, 1-22-19)

A.

The minimum lot area, as specified in this ULDC for any residential land use district, shall not apply to lots upon which buildings existed prior to the adoption of this ULDC.

B.

The use of an attached single-family home in an area designated for low density residential land use shall not be considered a nonconforming situation as described in this Chapter; provided that (i) the subdivision or lot was platted prior to the adoption of this ULDC, and (ii) such attached single-family home existed or was under construction prior to the adoption of this ULDC.

(Ord. No. 923, § 1, 10-27-09)

A.

Where there are practical difficulties or unnecessary hardships involved in carrying out the strict adherence to this ULDC, an application for a variance from the ULDC requirements may be made to the City, using the procedure established in Section 9.02.03.

B.

Requests for variances from the ULDC will be reviewed based on the required findings as set forth in Section 9.02.02.

In considering variations from the terms of this ULDC, the grant of a variance shall be based on an affirmative response for each of the following:

Table 9.02.02 Findings for Grant of a Variance.

A.

Any person requesting a variance from the terms of this ULDC shall make formal application to the City on forms provided by the City Manager.

B.

The appropriate fee as established by the City Commission shall accompany the application. No portion of the fee shall be refunded whether the request is withdrawn by the applicant or denied or granted by the City.

C.

Any variance or modification granted shall be recorded and entered into the minutes of the Board of Adjustment setting forth the reasons for granting the variance.

Editor's note— Sec. 3(Exh. C) of Ord. No. 1166, adopted August 27, 2024, repealed § 9.02.04, which pertained to specific requirements for variances in flood hazard areas, and derived from Ord. No. 1075, adopted April 23, 2019.

A.

Applicability A variance may be granted in any particular case where the subdivider can reasonably show that strict compliance to the subdivision standards will or could cause unnecessary hardship.

B.

Procedures

1.

An application for any such variance may be made in writing by the subdivider at the same time the preliminary plat is filed for consideration in accordance with the procedures set forth in Chapter 10.

a.

Such application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the Board of Adjustment in the analysis of the proposed project.

b.

Such application shall be considered at the next regular meeting held by the Board of Adjustment.

2.

The plans for such development shall include any covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plat.

3.

The fees to be paid for each application for a variance shall be established by the City Commission.

C.

Grant of a Variance

1.

A variance may be granted if:

a.

It is in reasonable harmony with, and does not offend, the intent and purpose of this section;

b.

It is consistent with the Comprehensive Plan;

c.

The issuance of the variance will not unreasonably alter the essential character of the neighborhood; and

d.

Granting the variance will not be contrary, or substantially detrimental, to the public good, welfare, or interest.

2.

In addition, the required findings in Section 9.02.02 shall be used in making a determination to grant or deny the request for a variance.

3.

Once granted, a variance shall be effective as follows:

a.

A variance shall expire when the development order expires, if the project is not constructed;

b.

A variance issued for a vacant property shall expire at the end of five (5) years if it is not used; or

c.

A variance tied to a development order or permit, once constructed, shall run with the property.

Any person may file an appeal when it is alleged that there is error in any order, requirement or decision made by the City in the application or interpretation of this ULDC.

A.

An applicant appealing an administrative decision under the terms of this section shall make formal application to the City and shall pay a fee as established by the City Commission. No portion of the appropriate fee shall be refunded whether the request is withdrawn by the applicant or denied or granted by the City.

B.

An application for consideration of an appeal of an administration decision shall be filed with the City Manager within thirty (30) days of the decision that is the subject of the administrative appeal.

A.

Any person aggrieved by the action of any official charged with the enforcement of the Stormwater Management Plan (Section 6.04.00) shall have the right to appeal the action to the City Commission with a recommendation from the Planning Commission to approve or deny the appeal.

B.

Appeals may be filed for the following:

1.

Disapproval of a properly filed application for a permit;

2.

Issuance of a written notice of violation; or

3.

An alleged failure to properly enforce this chapter in regard to a specific application.

C.

The appeal shall be filed in writing within twenty (20) days of the date of official transmittal of the final decision or determination to the applicant and shall state clearly the grounds on which the appeal is based.

A denial of a certificate of concurrency may be appealed by the applicant to the City Commission.

A.

A notice of appeal specifying each and every ground in support of granting the certificate of concurrency shall be submitted by the applicant to the City Manager within twenty (20) days from the date on the written denial of the certificate of concurrency.

B.

The City Manager shall schedule the appeal to be heard at a Planning Commission and City Commission meeting, and shall transmit to the City Commission all papers constituting the record upon which the action appealed from was taken.

C.

The City Manager shall notify the applicant in writing of the date, time, and location of the Planning Commission and City Commission meeting at which the appeal shall be heard.

D.

During the appeal proceeding, the applicant may appear in person or be represented by an agent or attorney.

E.

Applicants may be required to assume such reasonable costs as the City Commission may determine by ordinance, in setting fees to be charged for appeals.

F.

The applicant shall have the burden of proof to establish by the presentation of competent substantial evidence to the Planning Commission and City Commission that:

1.

There was an error in the technical determinations made by the City to deny the certificate of concurrency; or

2.

One (1) or more of the conditions in Section 6.01.02 are satisfied that the necessary public facilities and service will be available concurrent with the impact of the development.

G.

Before rendering a decision regarding issuance of a certificate of concurrency, the City Commission shall make specific findings that the certificate of concurrency satisfies Sections 9.03.04(F)(1) or (2).

H.

Action taken by the City Commission to affirm, reverse, or modify the administrative decision to deny the certificate of concurrency shall be documented in writing in the form of a resolution signed by the chairman or vice-chairman, specifying the grounds therefore.

A.

A reduction of required parking spaces may be allowed by the City Manager when the reduction would result in:

1.

The preservation of a protected tree with a trunk of twelve (12) inches DBH or greater; or

2.

The preservation of native shrubs and/or ground cover in a quantity exceeding the minimum requirements of Section 4.06.02.

B.

The reduction in required parking may be granted only if it will prevent the removal of a protected tree or native vegetation that is located within the area of the site designated as a vehicular use area.

C.

The following reduction schedule shall apply:

Table 9.04.01(C). Reduction in Parking.

See Section 76-5 of the City of Lynn Haven Code of Ordinances for administrative actions pertaining to Wireless Communications.