It shall be within the powers of the city commission to adopt a comprehensive plan for the incorporated area of the city and to adopt zoning regulations and/or other development and use regulations based upon the comprehensive plan; and to divide such territory into districts or zones; and to regulate and restrict the uses of lands, water, buildings and other structures for trade, industry, residence or other purposes within the districts or zones; and to regulate and restrict the construction, reconstruction, erection, alteration, repair, height, number of stories, size and location and use of buildings and other structures within the districts or zones; and to regulate and restrict the area, dimensions and size of lots or tracts of land or yards, and the percentage and portion of lots that may be occupied in connection with the construction and location of buildings or other structures within the districts or zones.

(Code 1964, § 33-152)

State Law reference— Comprehensive plan required, F.S. § 163.3167; zoning regulations required, F.S. § 163.3202.

It shall be within the powers of the city commission to appropriate and pay out of the general fund of the city, annually, such moneys as in the judgment of the commission may be necessary for the purpose of defraying the expense of the planning for and the zoning of the city, and operating and administering the provisions of this chapter and all ordinances adopted hereunder.

(Code 1964, § 33-153)

It shall be within the powers of the city manager to appoint a director of the planning and building department and such other city employees as the commission may deem necessary in order to enforce and administer the provisions of this chapter any order or resolution made under authority thereof.

(Code 1964, § 33-154)

(a)

Zoning exceptions:

(1)

In general. In the granting of zoning exceptions, the planning and zoning board may provide such conditions and safeguards as may be appropriate of this chapter (see section 28-2, Exception).

(2)

Written applications. All applications for an exception under this chapter shall be in writing in such form as may be prescribed by the board.

(3)

Public hearing. Unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider any application for a zoning exception within not more than thirty (30) days from the date of filing of the completed application. Notice of public hearing shall be made as provided in section 28-59(a) and (b), and any party shall be heard in person or by agent or attorney.

(4)

Violations of exceptions. The violation of the terms of an exception, including any conditions and safeguards which may be made a part thereof, shall be deemed a violation of this chapter and punishable as provided in this chapter.

(b)

Variances:

(1)

Requirements for grant of variance. The board may grant a variance only under circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions should be granted; provided, however, that no variance may be granted for maximum lot coverage requirements within any historic preservation districts 1, 2 and 3, except variances may be obtained: 1) for school, church and governmental agency uses and 2) to provide for handicapped accessibility for buildings constructed prior to December 19, 2019. No variance shall be granted unless the applicant shall show and the board shall find that:

a.

The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage through the operation of this section, which disadvantage does not apply to other properties in the vicinity; and

b.

Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and

c.

This disadvantage does not exist because of conditions created by the owner or applicant; and

d.

Grant of the variance will not be contrary to the public interest; will not adversely affect other property in the vicinity; and will be in harmony with the spirit, intent and purpose of this section.

In passing upon a request for variance, the board shall not consider prospective financial loss or gain to the owner or applicant, nor shall the board by variance permit to be established or carried on in any use district an activity, business or operation which is not otherwise allowed in such district by a specific provision of this chapter.

Within the historic preservation zoning districts 1, 2 and 3 and national register districts, the board may grant a request for variance for architectural or historic reasons, provided that the variance is necessary for the construction or reconstruction of buildings or structures in the appropriate historic architectural style or form, based upon review of the historic architectural review board's recommendations. The board shall find that granting the variance will not be contrary to the public interest; will not adversely affect other property and structures in the district; and will be in harmony with the spirit, intent and purpose of this section.

(2)

Written application. All applications for variance from this chapter shall be in writing and in such form as may be determined by the board.

(3)

Public hearing. Unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider an application for a zoning variance within not more than thirty (30) days from the date of filing of the complete application. Notice of such public hearing shall be made as provided in section 28-59(a) and (b), and any party shall be heard in person or by agent or attorney.

(4)

Violations of variances. The violation of the terms of a variance, including any conditions and safeguards which may be made a part thereof, shall be deemed a violation of this chapter and punishable as provided in this chapter.

(c)

Conservation zone developments:

(1)

In general. No building permit shall be issued within conservation zones 1 and 2 as defined by section 8-41, until such time as its issuance has been approved by the board.

(2)

Written applications. All applications for a building permit in conservation zones 1 and 2 shall be in writing in such form as may be prescribed by the planning and building department. An application for such a building permit shall be accompanied by a copy of any permits required to be issued for the construction of the structure for which the building permit is applied issued by the United States Army Corps of Engineers and the state department of environmental regulation, where such permits are required under the provisions of any general or special act of Congress or of the state.

(3)

Public hearing. Unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider any application for a building permit in conservation zones 1 and 2 within not more than thirty (30) days from the date of filing of the completed application. Notice of public hearing shall be made as provided in section 28-59(a) and (b), and any party shall be heard in person or by agent or attorney.

(4)

Violations of conservation zone development. The violation of the terms of a conservation zone development, including any conditions and safeguards which may be made a part thereof, may be deemed a violation of this chapter and punishable as provided in this chapter.

(d)

Appeals: Review of planning and building department; decision by the board:

(1)

In general. Any appeal as provided herein, including requests for variances from the design standards for off-street parking, may be taken by any person aggrieved by any decision of the planning and building department or any administrative official or official body in the administration or enforcement of this chapter, provided such appeal is filed with the planning and building department within thirty (30) days of the date of the action which is the subject of such appeal. The party filing the appeal shall have legal standing, as determined under the laws of the State of Florida and rules of civil procedure or appellate procedure as established by the Supreme Court of the State of Florida.

(2)

Reviewing authority. For the purposes of this Code, "reviewing authority" shall mean the person, board or commission which is designated by this Code to hear and render a decision on an appeal.

(3)

Written application. A written application shall be filed on the forms provided by the planning and building department and shall state, with particularity, specific grounds for the appeal, including the factual and legal basis, which must be based on established law as it relates to the action taken by the official, board or commission upon which the appeal is filed. The official, board or commission which will hear the appeal as the reviewing authority may review the application for appeal prior to hearing and may request that additional information be filed, in writing, in the form of a brief or other formal statement. Based upon the application for appeal and such other information that is filed, such reviewing authority may summarily affirm the order to be reviewed if the authority finds that no preliminary basis for reversal has been demonstrated, or may summarily reverse the order to be reviewed if the reviewing authority finds that no meritorious basis exists for affirmance and the order otherwise is subject to reversal.

(4)

Hearing. In the event that the board, commission or other reviewing authority has not summarily reversed or affirmed the order in question, the reviewing authority shall, within thirty (30) days after receipt of such application, set a reasonable time for hearing thereon and shall give notice of the time and place of the hearing to the applicant and the planning and building department and any other parties to the proceeding.

(5)

Stay of proceedings. An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as final determination has been made by the reviewing authority on such appeal, and no action shall be taken by the applicant or the planning and building department during such time which would change the status of the matter being appealed.

(e)

Procedures for hearing for zoning exceptions, zoning; variances, conservation zone developments and appeals:

(1)

Scope. The board shall adhere to the standards applicable in quasi-judicial hearings consistent with Florida law, and may utilize the rules for the conduct of hearings adopted by the city commission, or provide for guidelines specific to hearings related to the granting of zoning exceptions, zoning variances, conservation zone developments and appeals, which shall include at least the right of any party to:

a.

Present their case or defense by oral and documentary evidence.

b.

Submit rebuttal evidence, and conduct such cross-examination as may be required for a full and true disclosure of the facts.

c.

Submit proposed legal argument, findings and conclusions and supporting reasons therefor.

d.

Make offers of compromise or proposals of adjustments.

e.

Be accompanied, represented and advised by counsel or represent themselves.

f.

Be promptly notified of any action taken on any zoning exception request or a zoning variance, conservation zone development, or appeal of any action of the board affecting substantive or procedural rights taken in connection with proceedings.

(2)

Evidence. The board shall receive into evidence that which could be admissible in civil proceedings in the courts of this state, but in receiving evidence due regard shall be given to the technical and highly complicated subject matter which must be handled and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, however, effect shall be given to rules of evidence recognized by state law.

(3)

Record. The board shall provide for the establishment and maintenance of a record of the hearing by the city clerk for all application requests considered by it. The board shall establish such record in a sufficient degree to disclose the factual basis for its final determination with respect to such requests and appeals. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its official actions, all of which shall be a public record and filed immediately in the planning and building department and preserved with the city clerk. A verbatim transcript of the hearing is required for an appeal to the city commission, and may be required for other judicial proceedings. It is the responsibility of the appellant to obtain a complete record of the hearing from the city clerk and to retain a certified court reporter to transcribe the hearing at appellant's cost. For purposes of appeals to the city commission, persons who meet the qualifications of indigency and who have filed a complete indigency application with the city clerk pursuant to this code, may provide an alternative to the certified court reporter transcript, such as providing an audio-visual recording of the proceedings on appeal.

(4)

Orders. A final order on each request for a zoning exception or zoning variance and each appeal shall be made within thirty (30) calendar days of the last hearing at which such request or appeal was considered. Each final order shall contain the citation to the applicable legal authority for the denial of the permit upon which the board's order is based and may include additional findings and conclusions of law, as well as, such conditions and safeguards as prescribed by the board as are appropriate in the matter, including but not limited to, reasonable time limits within which action pursuant to such order shall be begun or completed or both. The record shall contain all evidence, testimony and findings placed in the record of the hearing without the need to reiterate the same in the final order. The originals of the application and all orders of the board and one (1) copy of the final order shall be furnished to the planning and building department and to the applicant.

(f)

Limitations on exceptions, variances and conservation zone developments. Exceptions, variances and conservation zone developments shall be non-transferable and granted to the applicant only, and the exception, variance or development shall be commenced within a period of one (1) year from the effective date of the final order granting same; provided, however, that the chief building official may grant no more than two (2) ninety-day extensions for the commencement of construction pursuant to any exception or variance or conservation zone development approval granted by the planning and zoning board upon written application showing good cause for such extension of the variance or exception showing no changes to the proposed project or use have been made which will affect the variance or use to be extended; and provided, further, the board may adopt the following conditions to any exception or variance:

(1)

That the exception, variance or conservation zone development will be transferable and run with the land when the facts involved warrant same or where construction or land development is included as part of the exception or variance.

(2)

The time within which the exception, variance or conservation zone development shall be commenced may be extended for a period of time longer than one (1) year. Failure to exercise the exception, variance or conservation zone development by commencement of the use or action approved thereby within one (1) year, or such longer time as approved by the board, shall render the exception, variance or conservation zone development invalid and all rights granted thereunder shall terminate. Transfer of the property by the applicant, unless the exception, variance or conservation zone development runs with the land, shall terminate the exception, variance or development.

(3)

Whenever the board has granted an exception or variance to the zoning code, it shall not then consider any petition for an exception or variance on any part or all of the same property for a period of one (1) year from the effective date of the order granting the exception or variance.

(4)

Whenever the board has denied an application for an exception or variance no further application shall be filed for the same exception or variance on any part or all of the same property with the same applicant, agent, representative or related entity for a period of one (1) year from the date of such action. In the event that two (2) or more applications for the same exception or variance on any part or all of the same property with the same applicant, agent, representative or related entity has been denied, no further application shall be filed for the same exception or variance on any part or all of the same property with the same applicant, agent, representative or related entity for a period of two (2) years from the date of such action denying the last application filed.

(5)

The time limits of subsections (3) and (4) may be waived by the affirmative votes of a majority of the board when there is a new application and there is a change to the applicant, agent, representative or related entity for the exception or variance and such action is deemed necessary based on the material changes presented in the new application to prevent injustice. An application for such waiver shall be a separate and distinct application, and must be approved by the board prior to the consideration of the new application for an exception or variance. If a waiver is granted, the new application will be scheduled for the next available board meeting following the meeting in which the waiver was granted, unless an alternate date is mutually agreed upon by the board and applicant.

(g)

Review of lower board decisions by city commission. Decisions of lower boards in the granting or denial of development permits shall be subject to review by the city commission on appeal:

(1)

An appeal must include the appeal form, the order or decision on appeal, the required filing fee, all necessary supporting documents to substantiate the appeal and the appellant's standing, including but not limited to, the transcript of the hearing, and may be taken by any person demonstrating sufficient standing consistent with Florida law and aggrieved by the decision of the board provided such appeal form, payment, supporting documents and transcript, is filed with the planning and building department during regular office hours no later than thirty (30) days from the date of the rendered order which is the subject of such appeal. To be considered timely filed, appellant must file all the required documents and provide any required payment for filing fees at the time of filing. If the thirtieth (30 ^th ) day from the date of the rendered order falls on a date and time when the planning and building department is closed, any attempted filing on or after that date and time will be considered untimely and no additional time will be granted for late filing. The party filing the appeal shall have legal standing, as determined under the laws of the State of Florida and rules of civil procedure or appellate procedure as established by the Supreme Court of the State of Florida.

(2)

A complete appeal filed in compliance with code requirements by the owner of the property seeking a development permit shall be deemed legally sufficient to proceed to the substantive appeal hearing. If the property owner's appeal is incomplete or not filed in compliance with code requirements, the city commission will conduct a sufficiency review prior to scheduling a substantive appeal hearing. If an appeal is filed by any other aggrieved person, the city commission will review the application for appeal for completeness, compliance with code requirements, and legal standing, and conduct a sufficiency review prior to scheduling a substantive appeal hearing. The city commission may deny an application for appeal that is legally insufficient because it is incomplete, not filed in compliance with code requirements, or filed by a person without legal standing, and in so doing affirm the order to be reviewed. If the city commission finds that the application for appeal meets legal sufficiency because it is complete, filed in compliance with code requirements, and filed by a person with legal standing, it shall set the appeal for a public hearing on the substantive appeal in the manner prescribed in section 28-59(a), (b). Sufficiency hearings before the city commission will allow for due process to the property owner, and any aggrieved party that has filed an appeal, as well as, public comment consistent with Florida law and the city's rules of decorum and meeting procedures. Testimony and legal argument should be limited to the issues relevant to establishing the legal sufficiency of the appeal application.

(3)

An appeal shall stay all administrative proceedings in furtherance of the action appealed until such time as a final determination has been made by the city commission on such appeal, and no action shall be taken by the applicant or the planning and building department during such time which would change the status of the matter being appealed.

(4)

The substantive appeal hearing before the city commission shall be scheduled at the next reasonably available city commission meeting. The hearing shall be based on the record below and no new evidence or testimony shall be considered unless the appellant requests a modification to the action under appeal. If a modification is requested, the only new evidence and testimony allowed shall be limited to the modification. The city commission will allow for due process to the property owner, and any aggrieved party that has filed an appeal, as well as, public comment consistent with Florida law and the city's rules of decorum and meeting procedures.

(5)

The city commission shall find whether in its opinion error was made and within the terms of this section affirm, reverse or modify the action appealed as it deems just and equitable. If the applicant presents modifications to the action under appeal, the city commission may accept the modification and so modify the order, may remand the appeal back to the board for further review, or may deny the modification and affirm the action appealed.

(6)

The decision of the city commission shall be the final administrative action, and appeals from the decision of the city commission shall be appealed to the circuit court.

(Code 1964, § 33-163; Ord. No. 93-25, § 1, 8-23-93; Ord. No. 95-33, § 1, 12-11-95; Ord. No. 00-30, § 1, 9-11-00; Ord. No. 15-15, § 1, 7-13-15; Ord. No. 17-01, § 1, 2-23-17; Ord. No. 19-11, § 1, 9-9-19; Ord. No. 19-43, § 1, 11-12-19; Ord. No. 19-44, § 1, 12-9-19)

(a)

General. This chapter may from time to time be amended, supplemented, or changed the land use plan and land use map established by the comprehensive plan may also be amended and the zoning atlas may from time to time be revised by the rezoning of land as provided in this section.

(b)

Initiation of proposals. An ordinance for the rezoning of land may be proposed only by the city commission or any member thereof, by the planning and zoning board or by the owner of subject property, its attorney or duly authorized agent. An amendment to this chapter may be proposed for adoption only by the city commission or any member thereof, or by the planning and zoning board. Proposals to amend this chapter shall be submitted in writing, accompanied by all pertinent information which may be required for proper consideration of the matter.

(c)

Nature and requirements of board report. The report and recommendations to the city commission as required by subsection (d) below shall show that the board has studied and considered:

(1)

The need and justification for the change.

(2)

The relationship of the proposed amendment or rezoning to the city's general planning program and such comprehensive plans as may from time to time be adopted by the city commission.

(3)

Consistency with the comprehensive plan.

(d)

Board report to commission. If the board recommends approval of the amendment or rezoning, the board shall forward its recommendation and report to the city commission.

The report and recommendation of the board shall be advisory only and shall not be construed to be binding upon the city commission. If the board recommends denial of the amendment or rezoning, the property owner or other person aggrieved may proceed with an appeal to the city commission pursuant to section 28-29(g) of the City Code.

(e)

Limitations on rezoning of land.

(1)

No ordinance to rezone land shall contain conditions, limitations or requirements not applicable to all other land in the zoning district to which the particular land is rezoned, except as provided in article III, division 8.

(2)

Whenever the city commission has, by ordinance, changed the zoning classification of land, the board shall not then consider any application for rezoning of any part or all of the same land for a period of one (1) year from the effective date of such ordinance.

(3)

Whenever the city commission has denied an application for the rezoning of land, no further application shall be filed for the same rezoning of any part or all of the same land for a period of six (6) months from the date of such action. In the event that two (2) or more applications for the same rezoning for any part or all of the same land has been denied, no further application shall be filed for the same rezoning or any part or all of the same land for a period of one (1) year from the date of such action denying the last application filed.

(4)

Land use plan amendments shall be made consistent with the State of Florida's Community Planning Act, F.S. ch. 163, as may be amended from time to time.

(f)

Waiver of time limits. The time limits of subsection (e) may be waived by three (3) affirmative votes of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development of the city.

(g)

City commission action. Upon receipt of a report of the board as required by subsection (d) hereof, the city manager shall set the date for a public hearing before the city commission. The date of such public hearing to be set by the city manager shall be the first regular meeting of the city commission after ten (10) days following receipt of a report. At the conclusion of the public hearing, the city commission shall either deny the proposed amendment or rezoning or by ordinance adopt such amendment or rezoning.

(h)

Process, public hearings and notification for amendments to this chapter or rezoning of land (city commission public hearing). The amendment process, including public hearings and notification regarding amendments to this chapter which change the actual list of permitted, conditional or prohibited uses within a zoning category or which change the actual zoning map designation of land in the city shall be as required by F.S. [chapter] 166. Public hearings for ordinances initiated by other than the city that change the actual zoning map designation of a parcel or parcels of land, required to be enacted pursuant to F.S. § 166.041(3)(a), shall be noticed in accordance with section 28-59(a) of the City Code.

(i)

Process, public hearings and notification for comprehensive plan amendments (city commission public hearing). The amendment process, including public hearings and notification for comprehensive plan amendments, shall be consistent with the State of Florida's Community Planning Act, F.S. ch. 163, as may be amended from time to time.

(Code 1964, § 33-164; Ord. No. 94-01, §§ 1, 2, 1-24-94; Ord. No. 96-17, § 2, 4-8-96; Ord. No. 01-24, § 1, 8-13-01; Ord. No. 17-03, § 1, 2-23-17)

State Law reference— Amendments to zoning ordinances, rezoning, etc., F.S. § 166.041(3)(c).

Upon filing an application for a public hearing with the planning and building department, the department shall review the application to determine if the application is substantially complete and notify the applicant within five (5) working days as to the completeness of the application. Only substantially complete applications shall be scheduled for public hearing. Once scheduled for a public hearing, an application for the rezoning of land, a zoning exception, a variance or other public hearing may be amended by the applicant to address comments and concerns raised by the planning and building department via staff recommendation; however, such amendments must be received by the department at least ten (10) days prior to the scheduled public hearing. The applicant may withdraw the application for good cause at any time after the required fees have been paid to the department of financial services; however, withdrawal of an application after it has been scheduled for public hearing does not entitle the applicant to a refund of fees paid.

(Code 1964, § 33-165; Ord. No. 98-29, § 1, 9-28-98; Ord. No. 10-09, § 1, 3-8-10)

(a)

It shall be the responsibility of the planning and building department to receive, review and approve all applications for permits for the use of land, buildings and structures.

(b)

No land, building or structure shall be occupied or used for any commercial or nonresidential use until an inspection has been made and a use permit as provided herein has been issued by the planning and building department. No land, building or structure containing four (4) or more units shall be occupied or used until an inspection has been made and a use permit as provided herein has been issued. Issuance of the use permit shall confirm that the occupancy and use of the property complies with all requirements of this chapter and all other applicable laws, ordinances and regulations. Changes of use of land, buildings or structures shall require an application for and approval of a use permit which shall not be issued unless the new use is in compliance with all applicable zoning, building, health and related city laws, ordinances and regulations.

(c)

Records of all approved use permits and inspections shall be kept on file by the planning and building department and certified copies thereof shall be made available to any person or persons with a proprietary or tenancy interest in the land, building or structure affected and shall specify the number of parking spaces required for the particular use authorized by the use permit issued.

(d)

A fee of ten dollars ($10.00) shall be charged for each application for a use permit submitted to the planning and building department.

(Code 1964, § 33-106)

State Law reference— User fees authorized, F.S. § 166.201.

No land shall be occupied or used, and no building or structure hereafter erected, constructed, reconstructed, restored or altered, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy and/or a use permit shall have been approved by the planning and building department stating that the occupancy and use and the building or structure complies with all the requirements of this chapter thereto and all the building and health laws, ordinances and regulations applicable thereto.

(Code 1964, § 33-166)

The violation of any of the codes, regulations, restrictions and limitations promulgated under the provisions of this chapter may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law; and such suit or action may be instituted and maintained by the city commission, or by a person affected by the violation of any such regulation, restriction or limitation.

(Code 1964, § 33-167)

Any person who shall violate any of the codes, regulations, restrictions and limitations promulgated under the authority of this chapter shall be brought before the special magistrate and be subject to a fine of up to two hundred fifty dollars ($250.00) per day, and each day that a violation is permitted to exist shall constitute a separate offense.

(Code 1964, § 33-168; Ord. No. 24-07, § 8, 4-8-24)

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature by the city or the board or by an officer or employee thereof of the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result thereto.

(Code 1964, § 33-169)

It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction on a development permit, as that term is defined pursuant to F.S. § 163.3164, the provisions of this chapter shall govern. If an applicant submits an application for a development permit to the city, that requires that the applicant state, affirm, represent, or certify a matter of fact material to the application, and the city at the time of the application has independent actual knowledge, information, documents, or facts that contradict the fact set forth on the application, the city may require the applicant to certify under oath the truth of the fact upon which the application depends and allow the city to audit, inspect, or otherwise verify the certified fact that was formerly the subject of the contradiction or the conflicting information.

(Code 1964, § 33-172; Ord. No. 19-40, § 1, 10-28-19)

A developer may present a proposed statutory development agreement pursuant to, and in compliance with, the Florida Local Government Development Agreement Act, to the city commission for consideration. Mailed notice to affected property owners shall be consistent with the notice provided for in section 28-59 and section 2-149 of this Code. The required hearings for consideration of the development agreement shall be heard by the city commission.

(Ord. No. 21-09, § 1, 5-10-21)

There is hereby created for the city a city planning and zoning board consisting of seven (7) members appointed by the city commission from applications submitted on forms as from time to time promulgated by the city manager and approved by the city commission. The terms of the members of the board shall begin and run from October first of the year the appointment is made. In appointing the first board, two (2) members shall serve for one (1) year, two (2) members shall serve for two (2) years, and three (3) members shall serve for three (3) years; thereafter all members shall be appointed for three-year terms, except those appointed to fill vacancies for unexpired terms, in which case, the appointment shall be for the unexpired term only. The board is hereby constituted as the local comprehensive planning agency.

(Code 1964, § 33-155)

(a)

All members of the planning and zoning board shall reside in the city and shall hold no government office nor receive any salary or compensation for their services to the board herein created. No member shall be appointed for more than two (2) consecutive full terms.

(b)

No member of the board shall vote on any measure which inures to their special private gain or to the special gain of any principal by whom they are retained. No member declaring a conflict of interest may take part in any discussion on such measure as a board member. No member declaring a conflict of interest shall be counted as part of a minimum quorum.

(Code 1964, § 33-156; Ord. No. 96-65, § 1, 12-9-96; Ord. No. 03-14, § 1, 4-14-03; Ord. No. 18-11, § 4, 8-27-18)

(a)

The member composition of the planning and zoning board which is appointed by the city commission shall be made from the following representations:

(1)

Architect (state registered).

(2)

Planner (member APA or AICP).

(3)

Real estate broker (having county occupational license).

(4)

Educator (college level).

(5)

Engineer (state registered).

(6)

Landscape architect (state registered).

(7)

Preservation organization officer.

(8)

Environmental or land use organization officer.

(9)

Attorney (admitted to the Florida Bar).

(10)

Merchant/business person (having city occupational license).

(11)

Contractor (having city contractor's license).

(b)

No person employed by the city is eligible for appointment to the planning and zoning board. The board shall hold at least one (1) meeting every month on a day to be determined by the board. Four (4) members of the board shall constitute a quorum for the purpose of meetings and transacting business. No recommendation of the board, the rezoning of land or comprehensive land use plan changes nor formal action of the board on the granting of zoning exceptions or zoning variances shall be taken without a majority vote of those voting and without the concurrence of at least three (3) members of a minimum quorum. Failure to receive a majority vote of those voting and at least three (3) affirmative votes shall act as a denial of by the board. All meetings of the board shall be public meetings, and the records of the board shall be public records with a secretary being present at each meeting.

(c)

The board shall elect, each October, one (1) of its members as chairman and one (1) as vice-chairman, with terms of office beginning at the first meeting in November, and who shall serve no more than two (2) consecutive terms. It shall be the duty of the chairman to preside over all meetings of the board. In the absence of the chairman, the vice-chairman shall preside.

(Code 1964, § 33-157; Ord. No. 09-18, § 1, 5-11-09; Ord. No. 18-11, § 5, 8-27-18)

(a)

Notice. Notice of a time and place of any required public hearing with respect to amending the comprehensive plan, the rezoning of land, amendment of the land use plan, zoning exceptions, zoning variances, conservation overlay zone developments or appeals shall be mailed via certified mail or hand delivered with receipts maintained by the planning and building division not less than fifteen (15) days in advance of the hearing to all owners of real property within one hundred fifty (150) feet of the boundaries of the land upon which comprehensive plan amendment, rezoning, land use plan amendment, exception, variance, conservation overlay zone development or appeal is requested. For applications for conservation overlay zone one development (docks), in addition to the above notification, all owners of real property within three hundred (300) feet of the side property lines along the water or wetlands side of the property which has applied for the dock will also be notified in the same manner as defined above. For applications for amending the comprehensive plan, the rezoning of land, amendment of the land use plan, zoning exceptions, zoning variances, conservation zone developments or appeals concerning land two (2) acres or larger in size and/or ten (10) or more dwelling units, notification will be given to all owners of real property within three hundred (300) feet of the boundaries of the land which application has been applied for in the same manner as defined above. For the purpose of notice requirements to adjoining owners, the names and addresses of such owners shall be deemed to be those on the current tax records in the office of the property appraiser of the county. Failure of owners to receive notice of hearing shall in no way affect the validity of the action taken. However, should any property owner listed on the current tax records fail to receive notice of public hearing and files a verified written complaint with the planning and building division prior to action by the board, the application will be deemed null and void, and a new application will be processed.

(b)

Published notice. Notice of any public hearing with respect to amending the comprehensive plan, the rezoning of land, amendment of the land use plan, zoning exceptions, zoning variances, conservation overlay zone developments or appeals shall be published once in a newspaper of general circulation not less than ten (10) days in advance of the date of such hearing. Such published notice shall be in a form prescribed by the board and/or city commission, as appropriate. Proof of publication shall be on file with the city clerk, planning and building division and/or city commission, as appropriate, prior to the public hearing. Procedures described herein shall also apply to public hearings regarding applications for an appeal of any decision by the planning and zoning board or the historic architectural review board conducted by the city commission.

(c)

Signs required. The planning and building division shall cause a sign or signs to be posted on any land upon which an application with respect to amending the comprehensive plan, the rezoning of land, amendment of the land use plan, zoning exceptions, zoning variances or conservation overlay zone developments has been made not less than seven (7) days in advance of the date of the public hearing at which such application is to be considered. Such sign shall be erected in full view of the public on each street side of such land. Where such land does not have frontage on a public street, such signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land concerning which a public hearing is scheduled. Such sign shall be posted in full view of the public and shall be maintained by the applicant until final determination has been made by the board or city commission.

(Code 1964, § 33-158; Ord. No. 94-01, § 3, 1-24-94; Ord. No. 96-17, § 3, 4-8-96; Ord. No. 06-24, § 1, 9-11-06; Ord. No. 21-27, § 2, 10-25-21)

An application for the rezoning of land and/or land use plan amendment and for an exception and/or variance on all or part of the same land may be made concurrently. In such cases, the board may take concurrent action; however, any action of the board on the application for zoning exception and/or variance shall be conditioned upon approval by the city commission on the application for the rezoning of such land.

(Code 1964, § 33-159)

Except for those time periods prescribed by state law, all time periods provided for in this division are procedural and not substantive, and noncompliance with any time period shall neither confer nor deny any substantive right to any applicant for a zoning exception, variance, appeal or rezoning of property.

(Code 1964, § 33-160)

Whenever a member of the city commission initiates the rezoning of land by the introduction of an ordinance for such purpose, the provisions of this division relating to mailed notice and the posting of signs may be waived in whole or in part by the affirmative votes of a majority of the entire city commission when such notification is deemed to be unnecessary or impractical.

(Code 1964, § 33-161)

The schedule of fees adopted by resolution of the city commission from time to time shall apply to action under this chapter and related development ordinances. This schedule of fees should be reviewed at a minimum every five (5) years.

(Code 1964, § 33-162; Ord. No. 94-01, § 4, 1-24-94; Ord. No. 96-35, § 1, 7-8-96; Ord. No. 17-21, § 1, 8-28-17)

State Law reference— User fees authorized, F.S. § 166.201.

(1)

There is hereby created an historic architectural review board consisting of five (5) regular members to be appointed by the city commission from applications submitted on forms as from time to time promulgated by the city manager and approved by the city commission. Each member shall meet the requirements of the position they wish to fill. Two (2) members of the board as established herein shall be appointed for a term of one (1) year; two (2) for a term of two (2) years; and one (1) for a term of three (3) years. Thereafter all members shall be appointed for three-year terms except those appointed to fill vacancies for unexpired terms, in which case the appointment shall be for the unexpired term only. Members shall comply with all local and state requirements of office.

(2)

The historic architectural review board may, in addition to its regular members, have a maximum of two (2) alternate board members to be appointed by the city commission from applications submitted on forms as from time to time promulgated by the city manager and approved by the city commission. The alternate members shall be appointed for a three-year term and may be reappointed for additional terms at the discretion of the city commission. Alternate members shall meet the requirements of the position they wish to fill as promulgated in section 28-81 and 28-82 of this Code and have previously served as regular members of the historic architectural review board. Alternate members will only be called upon to be seated and serve in their alternate member capacity, participate, and vote at meetings, in the event of an anticipated lack of quorum or bare minimum quorum of the regular members. It is the intent of this regulation to allow alternate members of this board to continue to practice their profession, trade or occupation while holding this public office, consistent with state law. Furthermore, due to the scarcity of available alternate members and the substantial public benefit to the community of their volunteer efforts when called upon to serve at a specific meeting, it is the intent of this regulation to allow alternate members to present applications in their professional capacity to this board unless they are seated to serve at the same meeting.

(Code 1964, § 33-183; Ord. No. 16-08, § 1, 3-14-16; Ord. No. 20-29, § 1, 10-26-20; Ord. No. 20-30, § 1, 10-26-20)

One (1) member must be a licensed, professional architect. The remaining members must hold a professional license, or educational credentials and professional membership in the fields of History, Archeology, Architectural History, Historic Landscapes and Architecture, Art History, Planning, Real Estate, Law, or Construction as further described below. It is the intent of this regulation to allow a member of HARB to continue to practice their profession or occupation while holding this public office, consistent with state law.

(1)

History. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one (1) of the following:

a.

At least two (2) years of fulltime experience in research, writing, teaching, interpretation or other demonstrable professional activity with an academic institution, historic organization or agency, museum or other professional institution.

b.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.

(2)

Archaeology. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology or closely related field plus:

a.

At least one (1) year of fulltime professional experience or equivalent specialized training in archaeological research, administration or management.

b.

At least four (4) months of supervised field and analytic experience in general North American archaeology.

c.

Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one (1) year of fulltime professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one (1) year of fulltime professional experience at a supervisory level in the study of archaeological resources of the historic period.

(3)

Architectural history. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, historic preservation or closely related field plus one (1) of the following:

a.

At least two (2) years of fulltime experience in research, writing or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution.

b.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history.

(4)

Historic landscapes and architecture. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in historic landscapes and architecture are a professional degree in architecture or landscape architecture or state license to practice architecture or landscape architecture, plus one (1) of the following:

a.

At least one (1) year of study in architectural preservation, American architectural history, historic landscapes, preservation planning or closely related field.

b.

At least one (1) year of fulltime professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures and landscapes, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects.

(5)

Art history. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in architectural history are a graduate degree in art history or closely related field, with course work in art history; or a bachelor's degree in art history or a closely related field plus one (1) of the following:

a.

At least two (2) years of fulltime experience in research, writing or teaching in art history with an academic institution, historical organization or agency, museum, or other professional institution.

b.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of art history.

(6)

Planning. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in urban planning or urban design are a bachelor's degree in planning or closely related field, with course work in historic preservation plus one (1) of the following:

a.

At least two (2) years of fulltime experience in project work, research, writing or teaching in planning, urban planning or urban design, with an academic institution, historical organization or agency, museum, or other professional institution or planning and design firm on historic preservation projects.

b.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of historic preservation.

(7)

Real estate. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications in real estate sales, brokerage, or development are a broker or real estate agent license plus one (1) of the following:

a.

At least five (5) years of fulltime experience in real estate sales or redevelopment of historic properties in St. Augustine's regulated districts with a demonstrated emphasis on historic preservation and a commitment to supporting ethical real estate sales and redevelopment of historic properties.

b.

Substantial contribution through research and publication to the body of scholarly knowledge in the field of real estate redevelopment and historic preservation.

(8)

Law. The member must be a licensed professional, or hold the required educational credentials and professional membership, in this field. The minimum professional qualifications are a law degree from an accredited law school, plus one (1) of the following:

a.

A course of study demonstrating advanced coursework in national registry and local designations, or historic preservation law.

b.

At least one (1) year of fulltime professional experience on historic preservation projects. Such study or experience shall include detailed investigation and legal analysis of potential national or local designations for specific projects, or legal analysis, briefs, or memos relating to historic preservation law review articles or litigation.

(9)

Construction. The member must be a licensed professional, or practice in an occupation substantially regulated by HARB within the City of St. Augustine, such as residential or commercial construction contracting or skilled artisan and trades, rehabilitating historic structures and landscapes plus one (1) of the following:

a.

At least five (5) years of fulltime experience in residential or commercial construction contracting or skilled artisan and trades in St. Augustine's regulated districts focusing on historic preservation and restoration.

b.

Substantial contribution through field training, teaching, or research and publication to the body of technical knowledge in the field of historic restoration and preservation.

(Code 1964, § 33-183.5; Ord. No. 00-17, § 1, 6-12-00; Ord. No. 05-15, § 1, 6-13-05; Ord. No. 20-29, § 1, 10-26-20)

All members of the historic architectural review board shall hold no government office nor receive any salary or compensation for their services to the board herein created. While preference shall be given to current city residents, the city commission may appoint a non-resident upon a finding that such non-resident is uniquely qualified. No member shall be appointed for more than two (2) consecutive full terms.

(Code 1964, § 33-184; Ord. No. 96-66, § 1, 12-9-96; Ord. No. 03-14, § 2, 4-14-03; Ord. No. 05-15, § 2, 6-13-05)

All records of the historic architectural review board created by former section 33-183 of the Code of the City of St. Augustine are hereby transferred to the historic architectural review board created by this division. All applications pending before the historic architectural review board created by former section 33-183 shall be heard and considered by the historic architectural review board herein created.

(Code 1964, § 33-185)

Editor's note— Ord. No. 18-11, § 6, adopted August 27, 2018, repealed § 28-85, which pertained to attendance at meetings and derived from § 33-186 of the 1964 Code.

The regular members of the historic architectural review board herein created shall meet once a month or upon call of the chairman. The board shall annually elect one (1) of its members as chairman and one (1) as vice-chairman, who shall serve only two (2) consecutive terms. It shall be the duty of the chairman to preside over all meetings of the board. In the absence of the chairman, the vice-chairman shall preside. Three (3) members of the board shall constitute a quorum for the purposes of meetings and transacting business. No recommendations or formal action of the board shall be taken without a majority vote of those voting and without the concurrence of at least two (2) members. Alternates present may be counted to achieve a minimum quorum of three (3) members and for voting purposes, in the same manner as regular members. Failure to receive a majority vote of those voting and at least two (2) affirmative votes shall act as a denial by the board. Members of the historic architectural review board shall be mindful that they are acting as a quasijudicial board and shall, therefore, act and dress in their meetings with all appropriate decorum.

(Code 1964, § 33-187; Ord. No. 16-08, § 2, 3-14-16)

The members of the historical architectural review board herein created shall have the following responsibilities:

(1)

Review petitions for certificates of appropriateness required within the historic preservation districts (HP-1 thru HP-5) under article III, division 3 of this chapter. Additionally, the board shall review all applications for building permits on property abutting or immediately facing the HP-1, HP-2 and HP-3 historical districts to ensure reasonable compatibility of the facades of such buildings visible from within such districts with the authentic restoration or preservation of the districts, and where found to be reasonably compatible, issue a certificate of appropriateness.

(2)

Participate in the adoption of existing codes, ordinances, procedures and programs to reflect policies and goals designed to conserve historic districts.

(3)

The review of all applications for demolition or partial demolition permits for historic or regulated structures. Also, review all applications for demolition or partial demolition permits for primary structures within historic preservation zoning districts and National Register districts for potential designation as an historic landmark, and review of partial demolition permits for regulated structures not eligible for administrative approval. Privately owned single-family residential structures that qualify for complete demolition by statute and are not otherwise exempt pursuant to F.S. ch. 553.79(25), will be processed consistent with state law.

(4)

Cooperate with the agencies of city, county, regional, state and federal governments in planning proposed and future projects to reflect the concerns and policies expressed in this chapter; assist, as a consultant, in the development of proposed and future land use plans.

(5)

Advise property owners and local governmental agencies concerning the property protection, maintenance, enhancement and preservation of resources designated under this chapter.

(6)

Advise the city commission concerning the effects of local governmental actions on resources designated or that appear to qualify for designation under this chapter.

(7)

Conduct regular public meetings and call special meetings.

(8)

Recommend to the planning director the issuance of a stop work order when it appears that there has not been compliance with the requirements of section 28-90(a).

(9)

Develop rules and procedures necessary to implement its powers and duties consistent with the provisions of this chapter.

(10)

Designate historic landmarks. As utilized herein the term "local historic landmark" shall mean a building, object, site, or structure of the highest historical, architectural, cultural, or archaeological importance and whose demolition, removal, relocation, or alteration would constitute an irreplaceable loss to the character and quality of the city. In the event the historic architectural review board desires not to issue a demolition or partial demolition permit for a structure that it finds could meet the criteria for a historic landmark, the historic architectural review board shall initiate proceedings for designation of the structure as a historic landmark. In the designation of a historic landmark, the historic architectural review board shall evaluate the subject property using criteria and standards established by the National Register of Historical Places for national landmarks, or if evaluating the structure as a potential local historic landmark substituting the importance of the resource to the city and state rather than the nation as a whole. No property shall be designated as a historic landmark without first providing the owner of the proposed historic landmark with notice and an opportunity to be heard in the same manner as that provided for a rezoning of property. In addition, consistent with F.S. ch. 553.79(25), a local landmark designation for a privately owned single-family residential structure that qualifies for complete demolition by statute must include the consent of its owner. Any determination of the historic architectural review board shall be subject to appeal by any affected person to the city commission without any fee being charged or levied.

(11)

Issue certificates of appropriateness for newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines. The historic architectural review board is authorized to issue certificates of authority for newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines and to prepare and issue guidelines for the placement of such machines, conformity of design, size and color, which guidelines shall be submitted to the city commission for its approval prior to taking effect. Initial guidelines shall be prepared by the historic architectural review board and submitted to the city commission for approval no later than ninety (90) days after the passage of this ordinance. The guidelines shall not unreasonably restrict the placement of newspaper vending machines and similar machines designed to dispense advertising papers, brochures or magazines on city rights-of-way but shall provide standards for uniform design and color and shall contain reasonable restriction on the numbers of such machines which may be placed by any one vender within a city block and a reasonable restriction on the location of such machines so that newspapers and advertising papers, brochures or magazines shall generally be available but shall not unduly or unreasonably impact upon the historical perspective and view of the streetscape.

(Code 1964, § 33-188; Ord. No. 90-11, §§ 1, 2, 7-9-90; Ord. No. 94-14, § 2, 1-9-94; Ord. No. 03-17, § 6, 6-23-03; Ord. No. 04-08, 5-24-04; Ord. No. 23-24, § 2, 8-28-23)

The historic architectural review board shall follow the following procedures for certificate or opinion of appropriateness, relocation, or demolition or partial demolition review:

(1)

The board shall adopt rules prescribing the procedure for making and reviewing applications for a certificate of appropriateness or request for opinion of appropriateness.

(2)

Applications shall be initiated with the planning and building department.

(3)

Unless a longer time shall be agreed upon by the applicant and the board in the particular case, a public hearing shall be held by the board to consider any application for a certificate of appropriateness or request for opinion of appropriateness within not more than thirty (30) days from the date of filing of the completed application. Notice of public hearing shall be made as provided. Notice of any public hearing shall be published once in a newspaper of general circulation not less than ten (10) days in advance of the date of such hearing. Such published notice shall be in a form prescribed by the board and/or city commission, as appropriate, and written and published by the planning and building division. Proof of publication shall be on file with the planning and building division. Procedures described herein shall also apply to public hearings conducted by the city commission.

(4)

Each final order shall contain the citation to the applicable legal authority for the denial of the permit upon which the board's order is based and may include additional findings and conclusions of law, as well as, such conditions and safeguards as prescribed by the board as are appropriate in the matter, including but not limited to, reasonable time limits within which action pursuant to such order shall be begun or completed or both. The board shall provide for the establishment and maintenance of a record of the hearing by the city clerk for all application requests considered by it. The board shall establish such record in a sufficient degree to disclose the factual basis for its final determination with respect to such requests and appeals. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its official actions, all of which shall be a public record and filed immediately in the planning and building department and preserved with the city clerk. The record shall contain all evidence, testimony and findings placed in the record of the hearing without need to reiterate the same in the final order. A verbatim transcript of the hearing is required for an appeal to the city commission, and may be required for other judicial proceedings. It is the responsibility of the appellant to obtain a complete record of the hearing from the city clerk and to retain a certified court reporter to transcribe the hearing at appellant's cost. For purposes of appeals to the city commission, persons who meet the qualifications of indigency and who have filed a complete indigency application with the city clerk pursuant to this code, may provide an alternative to the certified court reporter transcript, such as providing an audio-visual recording of the proceedings on appeal.

(5)

The application and a final order shall describe the project for which is issued and the type of work to be done. The board may require certain terms or conditions as a prerequisite for the approval of an application, which shall be clearly stated thereon the final order.

(6)

Additional application requirements:

a.

The owner shall permit access to the subject property for the purpose of inspections and/or appraisals required by the board or preservation officer.

b.

Signs required: The planning and building department shall cause a sign or signs to be posted on any land upon which an application with respect to relocation or demolition or partial demolition has been made not less than seven (7) days in advance of the date of the public hearing at which such application is to be considered. Such sign shall show the date of construction of the existing building and be erected in full view of the public on each street side of such land. Where such land does not have frontage on a public street, such signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land concerning which a public hearing is scheduled. Such sign shall be posted in full view of the public and shall be maintained by the applicant until final determination has been made by the board or city commission.

c.

Mailed notices: Not less than ten (10) days in advance of the date of the required public hearing(s) at which an application for a certificate of demolition or partial demolition is to be considered, the time and place of the public hearing shall be posted by United States mail by the applicant to all owners of real property within one hundred fifty (150) feet of the boundaries of the land upon which the application is made. For the purpose of notice requirements to adjoining owners within one hundred fifty (150) feet, the names and addresses shall include information obtained from the St. Johns County Property Appraiser records within ninety (90) days prior to the application date. Such list prepared for any required public hearing with the historic architectural review board, if appealed, shall also be used for a required public hearing with the city commission. A record of the date on which the list was compiled shall be provided to and maintained by the planning and building department.

d.

Applications: Shall be presented to the historic architectural review board by the property owner or representative authorized by the owner with a completed authorization form.

e.

If an owner/applicant fails to appear for three (3) historic architectural review board meetings, the application may be considered as withdrawn.

(Code 1964, § 33-189; Ord. No. 90-11, § 5, 7-9-90; Ord. No. 94-01, § 5, 1-24-94; Ord. No. 17-02, § 1, 2-23-17; Ord. No. 23-24, § 3, 8-28-23)

The criteria for opinion of appropriateness, certificate of appropriateness, certificate of relocation, certificate of demolition or partial demolition review will be determined as follows:

(1)

In reviewing an application for structures within historic preservation zoning districts the board or planning and building department shall consider the design and appearance of the structure, including the interior visible from the outside, front, sides, rear and roof; materials, textures and colors; plat plan or site layout, including features such as walls, walks, terraces, plantings, accessory structures, signs, lights, awnings, canopies, and other appurtenances. The decision to approve or deny the proposed application shall be based on the conformance of the proposed work to the Architectural Guidelines for Historical Preservation (AGHP) and adopted addendums of the City of St. Augustine as from time to time promulgated by the historic architectural review board or the city commission and approved by ordinance of the city commission, hereinafter referred to as "AGHP," Albert Manucy's Houses of St. Augustine - 1565—1821, and other architectural guidelines as may be adopted from time to time. The board shall not exercise any control over land use, such as governed by this chapter, or over construction, such as is governed by the building code, unless such control is within the intent and scope of this chapter.

a.

In the case of an opinion of appropriateness: HARB shall make a determination that the general concept, preliminary construction plans, details or specifications of a project meet the architectural requirements of the AGHP, Albert Manucy's Houses of St. Augustine - 1565—1821, or other adopted architectural guidelines, but that the information may be insufficient to meet the requirements of a certificate of appropriateness or to obtain a building permit.

b.

In the case of a certificate of appropriateness: HARB shall make a final determination that the material details are sufficient, construction plans are complete, and architectural details and specifications for a project meet the AGHP, Albert Manucy's Houses of St. Augustine - 1565—1821, or other adopted architectural guideline requirements. A certificate of appropriateness is required before a building permit may be issued. Only those plans and details approved by HARB may be reviewed by the planning and building department during the building permit review process.

c.

In the case of a certificate of relocation of a structure: Consideration will be given to the immediate surroundings and to the district or districts in which it is located or to be located, that the relocation of the structure will not adversely impact the city's historic preservation efforts or negatively affect the streetscape. If the building will be relocated on the same site or moved to a new site in a locally designated historic preservation zoning district, then the process and plan requirements for a certificate of appropriateness also apply to the building's new location.

d.

In the case of a certificate of demolition or partial demolition: A determination is made that the demolition or partial demolition of the structure will or will not adversely impact the city's historic preservation efforts. The applicant may also be required to submit information on the structural condition of the building from an engineer or architect to justify the need for the demolition or the partial demolition of the structure, and all other requirements of this Code.

(2)

Before approving the plans for any proposed structure or signs located or to be located in a historic preservation zoning district, the board shall find:

a.

In the case of a proposed alteration or addition to an existing structure, that such alteration or addition will not materially impair the architectural or historic value of the structure.

b.

In the case of a proposed new structure, that such structure will not, in itself or by reason of its location on the site, materially impair the architectural or historic value of a structure on adjacent sites or in the immediate vicinity.

c.

In the case of a proposed new structure, that such structure will not be injurious to the general visual character of the district or districts in which it is to be located.

(3)

In the case of the proposed demolition of an existing historic structure, or a project that constitutes partial demolition of a historic structure that the removal of such structure or architectural features will not be detrimental to the historic and architectural character of the city or that, balancing the interest of the city in preserving the integrity of the city and interest of the owner of the property. In the case of a proposed project that constitutes a partial demolition see section 28-89(3)d below.

a.

Approval of the plans for demolition in the latter event the board may issue an order postponing demolition for a period of not to exceed twelve (12) months after which the owner must reapply. The board may issue a second postponement with the total postponement period not to exceed two (2) twelve-month periods. If the board concludes that the demolition should be postponed, it shall, before issuing any final order with respect to such postponement, afford the applicant an opportunity to appear before the board to offer any evidence they may desire to present concerning the proposed order. Within the period of postponement, the board shall ascertain what the city or other agency or organization may do to preserve such structure and shall make recommendations to that effect to the city commission or otherwise cause the structure to be preserved. This section shall not apply to any permit for demolition which has been applied for, in proper form, prior to the effective date of this section.

b.

If the building or structure is of exceptional significance including a local historic landmark, is a contributing property to a National Register of Historic Places District or has been individually listed on the National Register of Historic Places, the board can deny the demolition if the board finds the removal of such building or structure will be detrimental to the historic and architectural character of the city and the applicant has not proven the denial will cause an undue economic hardship.

c.

The demolition of colonial buildings listed on the Florida Master Site File, or colonial buildings designated local historic landmark, or colonial buildings meeting the criteria for eligibility on the National Register of Historic Places must be approved by the city commission.

d.

In the case of a partial demolition: The board shall find that the proposed replacement materials including historic materials as well as compatible substitute materials maintain the historic character and integrity of the structure and are compatible with the historic structure's building envelope or the removal will not compromise the overall historic character and integrity of the structure.

(4)

Criteria for regulated structure. Replacement elements for regulated structures as defined in this code will be reviewed consistent with the procedures for architectural feature limited review. The board will apply the adopted design criteria if any for the area or AGHP if applicable to the regulated structure, if any. If no design criteria have been adopted, the board will accept evidence and testimony to establish relevant architectural features. Some regulated structures may have architectural features that support its historic character and historic period, as well as modifications or additions over time. The board will accept evidence and testimony to establish whether the architectural features should meet preservation or reconstruction standards.

(5)

Applications for partial demolition of buildings listed on the National Register of Historic Places, contributing or potentially contributing to a historic district in the National Register of Historic Places, listed as a local historic landmark pursuant to this Code, listed as a potential landmark identified in the Historic Preservation Element of the Comprehensive Plan, Master Plan or identified by historic preservation planning staff as culturally significant within the recent past, may apply for the demolition of additional components of the building as part of a more comprehensive rehabilitation plan. Staff may require that the application be reviewed as a full demolition with required documentation, appropriate condition assessment and a rehabilitation plan, recognizing that applicants may encounter unforeseen building damage, site conditions, flood mitigation obstacles, or other significant and demonstrable reasons justifying a more extensive partial demolition as part of the rehabilitation. In issuing a certificate of demolition or partial demolition, the board may include approval of both the partial demolition and potential related additional demolition and its rehabilitated replacement design under one application. This will allow the approval of drawings sufficient for a building permit and that all necessary requirements for the new construction related to the demolition or partial demolition are submitted for permitting review and approval by staff.

(6)

As a condition of issuing a certificate of demolition, including partial demolition, the board may require, at the applicant's expense, salvage and preservation of significant building materials, architectural details and ornaments, fixtures, and the like for reuse in restoration of other historic properties. The board may also require at the applicant's expense the recording of the structure for archival purposes prior to demolition or partial demolition. The recording may include, but shall not be limited to, photographs and measured drawings.

(7)

Applications for certificate of demolition of a building or structure that is of exceptional significance including a local historic landmark, has been a contributing property to a National Register of Historic Places District or has been individually listed on the National Register of Historic Places shall require the following with the burden of proof to be on the applicant. The board may also require the following of structures considered to be contributing to the historical character of the city:

a.

A report from an architect or structural engineer licensed in the State of Florida with demonstrated experience in restoration, rehabilitation, or renovation as to the structural soundness of the building and its adaptability for continued use.

b.

Proof of unreasonable or undue economic hardship. In any instance where an undue economic hardship, as defined in this chapter, is claimed by a property owner, the property owner may submit to the board any or all of the following information before the board makes a decision on the application for certificate of demolition:

1.

An estimate of the cost of the proposed construction, alteration, demolition, or removal;

2.

The estimated market value of the property in its current condition; after completion of the proposed construction, alteration, demolition, or removal; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

3.

In the case of a proposed demolition, an estimate from an architect, developer, licensed contractor, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property;

4.

The annual gross income from the property for the previous two (2) years; itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

5.

The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years;

6.

All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

7.

Any listing of the property for sale or rent, price asked, and offers received, if any, within the previous two (2) years;

8.

The assessed value of the property according to the two (2) most recent assessments;

9.

The real estate taxes for the previous two (2) years;

10.

The form of ownership or operation of the property, whether an individual, sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other;

11.

Any other information considered necessary by the board to a determination as to whether the property does yield or may yield a reasonable return to the property owner. The board may require that the property owner furnish such additional information as the board believes is relevant to the board's determination of any alleged undue economic hardship. No decision of the board shall result in undue economic hardship for the property owner. In any case where undue economic hardship is claimed, the board shall make two (2) specific findings. First, the board shall determine if the owner would be entitled to a certificate of demolition without consideration of undue economic hardship. Second, the board shall determine whether the owner demonstrated an undue economic hardship.

(8)

In the case of any proposed new or altered sign, that the sign will not materially impair the architectural or historic value of any structure to which it is attached, nor any adjacent structure, and that such sign is consistent with the architecture of the building and the historical character of the area.

(9)

The board shall not have the authority to consider interior arrangements.

(10)

The Planning and Building Department may, based upon the AGHP and consistent with this article, make the decision to issue or not to issue a required permit for the following work:

a.

Placement of utility service.

b.

Repainting with the same color if previously approved for painting with an appropriate color selected from the AGHP guidelines.

c.

Structural maintenance and repair utilizing the same materials and architectural character.

d.

Any other structural maintenance consistent with the AGHP.

e.

Exterior construction or equipment not visible.

f.

All signs and graphics.

g.

Landscape features, including fences, walls, walks, patios, decks, driveways, plant materials and ornamentation.

h.

Placement of exterior utility support equipment, including air conditioning compressors, gas tanks, etc.

(11)

Appeals from decisions of the planning and building department under subsection (9) of this section may be taken to the board within fifteen (15) days from such decision.

(Code 1964, § 33-190; Ord. No. 02-17, § 1, 8-26-02; Ord. No. 05-22, § 2, 8-8-05; Ord. No. 11-15, § 1, 10-24-11; Ord. No. 17-21, § 2, 8-28-17; Ord. No. 23-24, § 4, 8-28-23; Ord. No. 24-30, § 2, 9-23-24)

(a)

Any necessary building or demolition (full or partial) permit and/or certificate of occupancy shall not be issued unless the planning and building department reviews the application for compliance and/or the historic architectural review board approves an application as outlined under section 28-88. Such permit shall be subject to the terms of such approval as well as other necessary provisions of this Code.

(b)

Applications shall be submitted through the planning and building department and shall include, in duplicate if requested, all plans, elevations and other information necessary to determine the appropriateness of the features to be passed upon.

(c)

Prior to issuance or denial of a certificate of appropriateness, relocation, demolition, or partial demolition required by the board, the board shall take such action as may reasonably be required to inform the owners of any property likely to be materially affected by the application and shall give the applicant and such owners an opportunity to be heard. The board shall hold a public hearing concerning each application.

(d)

Every decision of the board and/or planning and building department in passing upon plans for structures or signs located or to be located in the district shall be in the form of a written order or permit as appropriate stating the finding of the board, its decisions and reasons therefor.

(e)

The board shall not disapprove any plans without giving its recommendations for changes necessary to be made before the plans will be reconsidered. Such recommendations may be general in scope, and compliance with them shall qualify the plans for reconsideration by the board.

(f)

An appeal may, within thirty (30) days thereafter, be taken by any aggrieved person to the city commission from the board's action in granting or denying an opinion or certificate of appropriateness, relocation or demolition or partial demolition. The appeal shall be as prescribed in section 28-29(g). Any appeal from the decision of the city commission shall be heard by the circuit court of the county, on writ of certiorari, as in the case of any other zoning decision from the city commission. All orders to approve certificates of demolition, except for partial demolition, shall become effective on the 31 ^st day following the date of the rendered order, unless this waiting period is specifically granted a written waiver by the city commission or city manager. The owner-applicant of an order to approve a demolition certificate may request a hardship waiver to the city manager for emergency humanitarian reasons including the health and safety of the occupants of a structure in need of immediate emergency repairs, renovation or reconstruction. In the alternative, the owner-applicant of an order to approve a demolition certificate may request a waiver from the city commission if the delay in demolishing the structure would create an undue burden on the owner-applicant that would be greater than the public interest served in preserving the thirty-day waiting period. All decisions to grant or deny the waiver shall be rendered in writing within five days of the decision, mailed by standard U.S. mail to the owner-applicant and posted on the city's website. The decision of the city manager or city commission shall serve as the final administrative appeal of the waiting period.

(g)

Any decision of the historic architectural review board certified by the planning director to be in conflict with a determination or decision of the planning and zoning board or of the nuisance, appeals and adjustment board; shall be reviewed by the city commission in the same manner as an appeal and the commission shall review the determination of the historic architectural review board, and the decision of the planning and zoning board or the nuisance, appeals and adjustment board as to which it is certified to be in conflict and shall determine whether the decision of the historic architectural review board should be affirmed, modified or reversed and the decision of the commission shall supersede the decision reviewed. All affected persons shall be notified of the hearing by the city commission in the same manner as that provided for appeals from decisions of the planning and zoning board. The hearing before the commission shall be de novo.

(Code 1964, § 33-191; Ord. No. 05-22, § 3, 8-8-05; Ord. No. 15-21, § 1, 8-10-15; Ord. No. 23-24, § 5, 8-28-23; Ord. No. 24-07, § 9, 4-8-24)

Enforcement of this division shall be as follows:

(1)

Neither the owner of nor the person in charge of a structure of exceptional significance including a local historic landmark or within an historic district shall permit such structure to fall into a state of disrepair which may result in the deterioration of exterior appurtenance or architectural feature so as to produce or tend to produce, in the judgment of the historic architectural review board, a detrimental effect upon the character of the district as a whole or the life and character of the structure in question.

(2)

A stop work order shall be issued by the building official in any case where work has commenced or preparation for work has commenced, if no certificate of appropriateness, relocation, demolition, or partial demolition has been obtained where one is required by section 28-90. The stop work order shall be issued to the owner, the occupant, or any person commencing work or preparation for work in violation of this division. The stop work order shall remain in full force and effect until a certificate of appropriateness, relocation, demolition, or partial demolition has been obtained or it has been determined by the board that no certificate of appropriateness, relocation, demolition, or partial demolition is required.

(3)

Any person who violates any provision of this division shall be punished as provided by section 28-35.

(4)

Any person who files with the board and/or planning and building department any application or request for an opinion of appropriateness or a certificate of appropriateness, relocation, demolition, or partial demolition and who refuses to furnish, upon demand by the board and/or building official and/or planning director, any information relating to such application or request, or who willfully makes any false statement in such application or request, or who, upon such demand, willfully furnishes false information to the board and/or planning and building department shall be punished as provided by section 28-35.

(Code 1964, § 33-192; Ord. No. 05-22, § 4, 8-8-05; Ord. No. 23-24, § 6, 8-28-23)

The historic architectural review board shall include a time limitation in its certificates of demolition or partial demolition, utilizing the following procedures:

(1)

The board shall include a provision in its orders for certificates of demolition or partial demolition that the certificate expires one (1) year from the date of the order.

(2)

The owner of the property described in the certificate of demolition or partial demolition may request an administrative six-month extension from the planning and building director. The request for administrative extension must be filed in writing with the planning and building department during regular office hours no later than thirty (30) days before the expiration of the certificate of demolition or partial demolition. The administrative extension is a ministerial act and shall be available for one extension only.

(3)

In the alternative, the owner of the property described in the certificate of demolition or partial demolition may request a one-year extension from the board. The request for board extension must be filed in writing with the planning and building department during regular office hours no later than thirty (30) days before the expiration of the certificate of demolition or partial demolition. The application for board extension shall be heard at the next available board meeting. A board extension cannot be applied for property that has already been granted an administrative extension.

(4)

If the property owner has received either an administrative extension or a board extension of time on a certificate of demolition or partial demolition, the property is not eligible for further consecutive extensions and upon the expiration of the extension the property owner must reapply for a certificate of demolition or partial demolition.

(5)

Valid certificates of demolition or partial demolition issued prior to the effective date of this section shall be honored by the planning and building department and no further action is needed by the property owner other than compliance with life safety procedures and application for a demolition permit or partial demolition from the building department.

(Ord. No. 17-06, § 1, 3-23-17; Ord. No. 23-24, § 7, 8-28-23)

(a)

Within the districts established by this chapter there exist lots, structures, uses of land or water and characteristics of use which were lawful before the adoption of this chapter [April 28, 1975] but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed or otherwise discontinued but not to encourage their survival. It is, further, the intent of this chapter that nonconformities shall not be enlarged upon, expanded, intensified, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. It is, further, the intent of this chapter that changes in nonconforming uses shall be discouraged.

(Code 1964, § 33-131)

Within the intent and meaning of this division, chain link fences, within all historic preservation districts of the city abutting a playground or a court devoted to handball, paddle ball, tennis or similar sports, shall constitute a permissible use by exception. All other chain link fences within such historic preservation districts are declared to be nonconforming structures.

(Code 1964, § 33-131.1)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use or structure and land or water in combination shall not be extended or enlarged after the adoption of this chapter April 28, 1975.

(Code 1964, § 33-132)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which a building permit has been issued prior to the adoption of this chapter April 28, 1975. If actual construction has not begun under a permit issued prior to the adoption of this chapter within six (6) months of the date of issuance of the permit, such permit shall become invalid and shall not be renewed except in conformity with this chapter.

(Code 1964, § 33-133)

Where open land, i.e., land not enclosed by buildings, is being used for nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

(Code 1964, § 33-134)

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this chapter April 29, 1975 may be continued although such use does not conform to the provisions hereof.

(Code 1964, § 33-135)

Whenever a nonconforming use a building or a portion thereof has been discontinued, as evidenced by the lack of use or vacancy for a period of at least twelve (12) months, or by substituting a conforming use, such nonconforming use shall not thereafter be reestablished; and the future use shall be in conformity with the provisions of the district in which it is located.

(Code 1964, § 33-136)

A building which has been damaged by any means may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction is substantially completed within twelve (12) months of the date of such damage, unless the building on the property is demolished after approval by the historic architectural review board and the property is leased or used by the City of St. Augustine for a public purpose, in which case the period for repair or reconstruction may be extended for up to five (5) years upon approval of the city commission. This section does not apply to buildings listed on the Florida Master Site File and which have been denied a certificate of demolition by the historic architectural review board. If a building is demolished after denial of a certificate of demolition, any new construction on the property must be in conformity with the regulations of the district in which it is located at the time any application for building permit is made.

(Code 1964, § 33-137; Ord. No. 02-17, § 1, 8-26-02; Ord. No. 06-11, § 1, 4-24-06)

Notwithstanding limitations imposed by the provisions of this chapter, any single lot or lots of record which were so recorded on or before the effective date of adoption of this chapter [April 29, 1975] may be used in accordance with the following:

(1)

A single-family dwelling may be constructed on any such lot, lots or portion of a lot or lots which are located in a district where such use is permitted or permitted by exception.

(2)

A multiple-family dwelling containing not more than two (2) dwelling units may be constructed on any lot or lots which are not less than fifty (50) feet in width, not less than five thousand (5,000) square feet in area, and located in a district where such use is permitted or permitted by exception.

(3)

A multiple-family dwelling containing not more than four (4) dwelling units may be constructed on any such lot or lots which are not less than fifty (50) feet in width, not less than seventy-five hundred (7500) square feet in area, and located in a district where such use is permitted or permitted by exception.

(4)

An existing single-family dwelling constructed prior to the effective date of this chapter on a nonconforming lot of record may be converted to a duplex or to accessory apartments on any such lot or lots which are not less than fifty (50) feet in width, not less than five thousand (5,000) square feet in area, and located in a district where such use is permitted or permitted by exception.

(5)

The minimum lot width requirement shall be waived by the planning and building department if the overall square footage of the nonconforming lot of record is above the minimum required for each multiple-family dwelling within the project. The intent of this section is to give the developer some flexibility in the total site plan. This section shall not apply to conforming lots of record, as described in section 28-2.

(6)

The above uses are also subject to the following:

a.

No side yard shall be less than ten (10) percent of the width of the lot, provided such side yard is not less than four (4) feet.

b.

On a corner lot, the exterior yard adjoining the secondary street shall be considered a side yard but the width of the side yard shall not be less than eight (8) feet.

c.

The front yard shall meet the requirements of the district where such use is permitted or permitted by exception unless the lot is subject to one (1) of the conditions as specifically modified elsewhere herein (see "yard, front," section 28-2).

(Code 1964, § 33-138; Ord. No. 03-20, § 1, 9-8-03)

If characteristics of use, excluding off-street parking requirements pursuant to section 28-373, but including off-street loading or other matters pertaining to the use of land, structures or premises are made nonconforming by this chapter as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in this chapter; however, changes may be made which do not increase or which decrease such nonconformities. If a building is demolished after denial of a certificate of demolition by the historic architectural review board, any new construction on the property must be in conformity with the regulations of the district in which it is located at the time any application for building permit is made.

(Code 1964, § 33-139; Ord. No. 98-26, § 1, 9-14-98; Ord. No. 02-17, § 1, 8-26-02)

On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, provided that the cubic content of the structure existing after the date it became nonconforming shall not be increased.

(Code 1964, § 33-140)

If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized official of the city to be an unsafe building, it shall not thereafter be resolved, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(Code 1964, § 33-141)

A roominghouse shall be considered nonconforming if it is located in a zoning district that does not provide for a roominghouse in the list of permitted uses or the list of permitted uses by exception. Legally existing, nonconforming roominghouses in existence on the effective date of this ordinance (October 2, 2003) shall only continue to be considered legally existing if registered with the City of St. Augustine, Department of Planning and Building within ninety (90) days from the effective date of this ordinance (October 2, 2003). Nonconforming roominghouses not registered with the planning and building department within ninety (90) days shall not be considered as legally existing roominghouses, and shall be considered a code violation. Once registered with the planning and building department, a legally existing nonconforming roominghouse can continue to operate as a legally existing, nonconforming use for a period of one (1) year from the effective date of this ordinance (October 2, 2003). After one (1) year from the effective date of this ordinance (October 2, 2003), no nonconforming roominghouses shall be considered to be legally existing and shall be considered a code violation.

(Ord. No. 03-23, § 2, 9-22-03)

(a)

A property owner may request an administrative determination of vested rights from the requirements of a special event venue found in the Code of the City of St. Augustine, from the planning and building director within ninety (90) days of the enactment of this section. The application and supporting documents will be reviewed for completeness within fourteen (14) days after receipt of the application. If the application is found to be incomplete, the property owner shall be promptly notified, however, the ultimate responsibility for the completeness and quality of the application shall lie with the property owner. Once the complete application is received, posted notice of the application shall be placed on the property, posted at City Hall and in the City of St. Augustine's electronic media. The property owner is responsible for the timely submittal of all documentation, and if the necessary documents are not received during the ninety-day administrative vesting period, the application shall become void. Any request for an extension of time may only be considered during the ninety-day administrative vesting period, and must be approved by the city manager. The planning and building director shall provide a written determination granting or denying the application to the property owner or applicant, within thirty (30) days of the receipt of a complete application. The preliminary determination of the city manager and planning and building director shall be placed on the city commission's consent agenda. The determination of the city commission shall be the final administrative appeal pursuant to this section.

(b)

The application may include the following minimum documentation to be considered complete:

(1)

A completed application form and any related fee paid in full.

(2)

The name, address and signature of the applicant, and if the applicant is not the legal owner of the real property, a signed authorization from the owner.

(3)

A legal description, deed or survey of the property at issue.

(4)

The name and address of the owner of the property and any authorized agent.

(5)

A description of the pre-existing, legally established venue size and capacity of the property or portion of the property that is claimed to be vested for a special event venue as that term is described in the Code of the City of St. Augustine. This may include a site plan to scale if the applicant wants to confirm the dimensions, location or boundaries of the area requesting to be vested.

(6)

A detailed, written narrative of the factual and legal basis supporting an administrative determination of vested rights for the property's continued use as a special event venue.

(7)

Any documentation in support of the application.

(c)

The applicant bears the burden to prove with competent, substantial evidence the continuous, pre-existing, legal use of the property as a special event venue prior to the enactment of the regulations relating to special events venues in the Code of the City of St. Augustine. The completeness review shall not be deemed to be an approval of the quality or substance of the application.

(d)

Any property with an approved, valid PUD, use by exception or variance that specifically includes a use that would otherwise be deemed a special event venue under the Code of the City of St. Augustine is not required to apply for an administrative determination of vesting. Any development rights conferred by the PUD ordinance or planning and zoning board order shall be recognized, as long as the property owner and applicant comply with all the terms and conditions of the ordinance or order, and the special event venue use of the property is not discontinued pursuant to section 28-117 or the special event venue structure is not destroyed pursuant to section 28-118 of this Code.

(e)

Properties that have obtained a determination of vested rights pursuant to this section must comply with the requirements of non-conforming lots, uses and structures pursuant to chapter 28, article II, division 4 of this Code.

(Ord. No. 15-32, § 1, 12-14-15; Ord. No. 16-09, § 1, 4-11-16)

A nonconforming structure may be created, enlarged, expanded, or extended if the creation, enlargement, expansion, or extension of such nonconforming structure is being performed by or on behalf of a public agency for public safety improvements and is approved by resolution by the City Commission of the City of St. Augustine, after a public hearing.

(Ord. No. 18-08, § 1, 6-25-18)

There is hereby created a corridor review committee (CRC) consisting of three (3) members to be appointed by the city commission from applications submitted on forms as from time to time promulgated by the city manager and approved by the city commission and shall serve at the pleasure of the city commission. The initial appointment of members shall be as follows: one (1) member of the board as established herein shall be appointed for a term of three (3) years; one (1) member for a term of two (2) years; and one (1) for a term of one (1) year. Thereafter all members shall be appointed for a three-year term.

(Ord. No. 19-45, § 1, 12-9-19; Ord. No. 20-15, § 1, 3-9-20)

One (1) seat on the board shall be designated for a licensed, or retired, architect or landscape architect with preference given to those who are city residents or whose business is located within the city; and two (2) seats for property owners or tenants of properties located within the respective entry corridors as defined in the city's adopted design standards for entry corridors. If insufficient qualified applicants for the property owner or tenant seats are received by the clerk, the city commission may appoint another licensed or retired architect or landscape architect to be seated in order to maintain the three-person board. The city commission shall have final authority over the evaluation of qualifications received and appointment of board members.

(Ord. No. 19-45, § 1, 12-9-19; Ord. No. 20-15, § 2, 3-9-20; Ord. No. 20-21, § 1, 5-11-20)

Any member of the CRC who fails to attend two (2) of three (3) consecutive meetings without providing the city with a justification for the absences shall be considered to have resigned the position and the vacancy shall be filled by the city commission as any other vacancy.

(Ord. No. 19-45, § 1, 12-9-19)

The members of the CRC shall meet as needed, as an ad hoc committee meeting noticed by the city clerk and shall meet at least annually to elect one (1) of its members as chairperson and one (1) as vice-chair. The CRC shall comply with the city's adopted rules of decorum, meeting procedures, provision for special meetings, and Florida's Government in the Sunshine law.

(Ord. No. 19-45, § 1, 12-9-19)

All development permits subject to the design standards for entry corridors (DSEC) shall comply with the regulations of their respective entry corridor. The following DSEC regulations, as may be amended from time to time, are hereby incorporated by reference and made a part of this municipal code:

(1)

Anastasia Boulevard Design Standards.

(2)

San Marco Avenue Design Standards.

(3)

King Street Design Standards.

(Ord. No. 19-45, § 1, 12-9-19)

The administrative review and decision of a development permit application shall be as prescribed in the adopted DSEC. The CRC review and decision of a development permit or appeal of an administration decision shall comply with the process and review criteria as prescribed in the adopted DSEC and this Code.

(Ord. No. 19-45, § 1, 12-9-19)

The CRC shall follow the following procedures:

(1)

Unless a longer time shall be agreed upon by the applicant and the CRC in the particular case, a public hearing shall be held by the CRC to consider any application not more than thirty (30) days from the date of filing of the completed application. Notice of public hearing shall be made as provided. Notice of any public hearing shall be published once in a newspaper of general circulation not less than ten (10) days in advance of the date of such hearing. Such published notice shall be in a form prescribed by the board or city commission, as appropriate, and written and published by the planning and building division. Proof of publication shall be on file with the planning and building division.

(2)

Each final order shall contain the citation to the applicable legal authority for the denial of the permit upon which the CRC's order is based and may include additional findings and conclusions of law, as well as, such conditions and safeguards as prescribed by the CRC as are appropriate in the matter, including but not limited to, reasonable time limits within which action pursuant to such order shall be begun or completed or both. The CRC shall provide for the establishment and maintenance of a record of the hearing by the city clerk for all application requests considered by it. The CRC shall establish such record in a sufficient degree to disclose the factual basis for its final determination with respect to such requests and appeals. The CRC shall keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its official actions, all of which shall be a public record and filed immediately in the planning and building department and preserved with the city clerk. The record shall contain all evidence, testimony and findings placed in the record of the hearing without need to reiterate the same in the final order. A verbatim transcript of the hearing is required for an appeal to the city commission and may be required for other judicial proceedings. It is the responsibility of the appellant to obtain a complete record of the hearing from the city clerk and to retain a certified court reporter to transcribe the hearing at appellant's cost. For purposes of appeals to the city commission, persons who meet the qualifications of indigency and who have filed a complete indigency application with the city clerk pursuant to this Code, may provide an alternative to the certified court reporter transcript, such as providing an audio-visual recording of the proceedings on appeal.

(Ord. No. 19-45, § 1, 12-9-19)

Review of administrative decisions consistent with the DSEC shall be before the CRC. Review of CRC decisions shall be heard by the city commission on appeal consistent with the procedures found in sections 28-132 and 28-29(g). Variances to the DSEC may be granted as prescribed by the planning and zoning board or other agency.

(Ord. No. 19-45, § 1, 12-9-19)

Any person who violates any provision of the DSEC or this Code shall be punished as provided by section 28-35.

(Ord. No. 19-45, § 1, 12-9-19)