This Code shall be entitled the "Land Development Code" and may be referred to herein as the "Code."

(Ord. No. 91-7, § 2)

This Land Development Code is enacted pursuant to the requirements and authority of § 163.3202, Florida Statutes, (the Local Government Comprehensive Planning and Land Development Regulation Act), and the general powers in Chapter 166, Florida (City Government).

(Ord. No. 91-7, § 2)

Except as specifically provided below, the provisions of this Code shall apply to all development in the City of St. Augustine Beach, and no development shall be undertaken without prior authorization pursuant to this Code.

(Ord. No. 91-7, § 2)

A.

Previously issued development permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:

1.

The development activity authorized by the permit has been commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code but within six (6) months of issuance of the building permit; and

2.

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

B.

Previously approved development orders. Projects with development orders that have not expired at the time this Code or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

C.

Pending applications. The provisions of this Code and any amendments thereto shall not apply to any permit applied for by the effective date of this Code if:

1.

All applicable federal, state, regional and county permits have been obtained prior to the effective date of this Code.

2.

The building official certifies prior to the effective date of this Code that the permit application is complete.

3.

The permit is issued within six (6) months of the effective date of this Code and development commences within six (6) months of the date of the permit.

4.

If all these conditions are not met, the development must be in conformance with this Code.

D.

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the St. Augustine Beach Comprehensive Plan.

(Ord. No. 91-7, § 2)

The development review process is that process by which the design of the development is reviewed to determine whether it complies with the requirements of the Code. Development plan review is required for virtually all development activity, except the construction of a dwelling on a lot of record, and other very minor development activity such as the installation of a sign or the removal of a protected tree. There are four (4) basic steps in the development plan review process: preapplication conference, preliminary development plan/concept review, final development plan review and issuance of construction (development) permits. These are described in Article XII. Some of the steps are optional for minor development, but all are mandatory for major development.

(Ord. No. 91-7, § 2)

A.

Statutory requirement. Chapter 163, Florida Statutes, requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for St. Augustine Beach.

B.

General public need. The districts and regulations contained in this Code are necessary in order to effectively manage growth and development, to implement the comprehensive plan, to make St. Augustine Beach a desirable place to live, work, and play, to conserve the natural environment, and to encourage, protect, and promote the public health, safety, morals, and the general welfare. Controlling the location, design and construction of development within the city is necessary to maintain and improve the quality of life in St. Augustine Beach as more fully described below.

(Ord. No. 91-7, § 2; Ord. No. 95-1, § 1)

With regard to this Land Development Code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the city commission:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in St. Augustine Beach.

B.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of St. Augustine Beach in accordance with the comprehensive plan.

C.

To adopt a development review process that is:

1.

Efficient, in terms of time and expense;

2.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

3.

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of St. Augustine Beach.

D.

To implement the St. Augustine Beach City Comprehensive Plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act".

E.

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency).

(Ord. No. 91-7, § 2)

The provisions of this Code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the city commission:

A.

Administration and enforcement.

1.

To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, and St. Augustine Beach Comprehensive Plan, and other applicable city regulations.

2.

To promote efficiency, predictability and citizen participation.

3.

To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions.

B.

Signs.

1.

To create a comprehensive and balanced system of sign control that accommodates both the need for a well maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

2.

To permit signs that are:

a.

Compatible with their surroundings.

b.

Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists.

c.

Appropriate to the type of activity to which they pertain.

d.

Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation.

e.

Reflective of the identity and creativity of individual occupants.

3.

To promote the economic health of the community through increased tourism and property values.

C.

Landscaping and tree protection.

1.

To enhance the attractiveness of the community.

2.

To conserve energy through the cooling and shading effects of trees.

3.

To abate nuisances such as noise, glare, heat, air pollution and stormwater runoff.

4.

To mitigate conflicts between adjoining land uses;

5.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

6.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas by:

a.

Clearly delineating and buffering the bounds of vehicular use areas, particularly where they abut public rights-of-way, so that movement, noise, and glare in one area do not adversely distract activity in another area;

b.

Limiting physical site access to established points of ingress and egress; and

c.

Limiting the internal movement of vehicles and pedestrians to designated traffic configurations.

7.

To preserve the community's irreplaceable natural heritage for existing and future generations.

D.

Parking and loading. To assure that all developments provide for adequate and safe parking and movement of vehicles in a manner consistent with community standards and good engineering and site design principles; to prevent sand or dirt from being transported by water, wind, or vehicles upon the streets and/or into the stormwater drainage system; and to prevent water from flowing into or onto adjacent or nearby property except in the case of an approved stormwater system specifically designed for off-site retention. The city's stormwater drainage system is intended to alleviate to some degree flooding in streets, but it is not intended to prevent all flooding on private property.

E.

Stormwater management.

1.

To protect and maintain the chemical, physical and biological integrity of ground and surface waters.

2.

To prevent activities which adversely affect ground and surface waters.

3.

To encourage the construction of stormwater management systems that aesthetically and functionally approximate natural systems.

4.

To protect natural drainage systems.

5.

To minimize runoff pollution of ground and surface waters.

6.

To maintain and restore groundwater levels.

7.

To protect and maintain natural salinity levels in estuarine areas.

8.

To minimize erosion and sedimentation.

9.

To prevent damage to wetlands.

10.

To protect, maintain, and restore the habitat of fish and wildlife.

F.

Floodplain protection.

1.

To protect human life and health.

2.

To minimize expenditure of public money for costly flood control projects.

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at public expense.

4.

To minimize prolonged business interruptions and damage to public facilities and utilities caused by flooding.

5.

To maintain a stable tax base by providing for the sound use and development of floodprone areas.

6.

To assure that uses and facilities vulnerable to floods are designed and constructed to resist flood damage.

7.

To preserve natural floodplains, stream channels, and natural protective barriers to accommodate floodwaters.

8.

To limit filling, grading, dredging and other development which may increase erosion, sedimentation, or flood damage.

9.

To prevent unnatural diversion of floodwater to lands that are normally flood free.

10.

To maintain the normal movement of surface waters, the optimum storage capacity of watersheds, desirable groundwater levels, water quality, and the natural hydrological and ecological functions of wetlands and other floodprone lands.

11.

To avoid the need of costly and environmentally disruptive flood management structures.

12.

To encourage the use of floodprone lands as open space.

13.

To continue to make the city eligible for participation in the National Flood Insurance Program.

G.

Protection of environmentally sensitive lands.

1.

To protect environmentally sensitive lands and their beneficial functions while also protecting the rights of property owners.

2.

To protect, maintain, and restore the chemical, physical, and biological integrity of ground and surface waters and natural habitats.

3.

To prevent activities which adversely affect ground and surface waters, natural habitats, and native flora and fauna.

4.

To maintain recharge for groundwater aquifers.

5.

To prohibit certain uses that are detrimental to environmentally sensitive areas.

6.

To protect the recreation opportunities of environmentally sensitive lands for fishing, boating, hiking, nature observation, photography, camping, and other uses.

7.

To protect aesthetic and property values.

H.

Protection of cultural resources.

1.

To identify, protect, and enhance sites, buildings, structures, objects, and areas that are reminders of past eras, events, and persons important in local, state or national history, or which provide this and future generations examples of the physical surroundings in which past generations lived.

2.

To enrich human life in its educational and cultural dimensions by fostering knowledge of the community's heritage.

I.

Alcoholic beverages. To regulate the sale of alcoholic beverages in order to prevent the proliferation of businesses selling alcohol in the commercial district, to prevent the unsightly appearance of a strip of bars, and to avoid the crime, noise, overcrowding of public parking areas, and other negative effects associated with premises that sell alcoholic beverages.

(Ord. No. 91-7, § 2; Ord. No. 95-1, §§ 2, 3)

The adoption of a unified Land Development Code implements the goals, policies and objectives of the St. Augustine Beach Comprehensive Plan.

(Ord. No. 91-7, § 2)

The mobile home code, building code, electrical code, mechanical code, plumbing code, swimming pool code, and coastal construction code, as contained in Articles I through VII of Chapter 6 of the St. Augustine Beach Code are hereby adopted by reference.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 19)

All maps included in the St. Augustine Beach Comprehensive Plan are hereby adopted by reference.

(Ord. No. 91-7, § 2)

In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of St. Augustine Beach and deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 91-7, § 2)

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the building official shall be responsible for interpretation and refer to the St. Augustine Beach Comprehensive Plan for guidance. Responsibility for interpretation by the building official shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

(Ord. No. 91-7, § 2)

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(Ord. No. 91-7, § 2)

Words importing the masculine gender shall be construed to include the feminine and neuter.

(Ord. No. 91-7, § 2)

Words in the singular shall include the plural and words in the plural shall include the singular.

(Ord. No. 91-7, § 2)

The word "shall" is mandatory; "may" is permissive.

(Ord. No. 91-7, § 2)

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(Ord. No. 91-7, § 2)

The word "year" shall mean a calendar year, unless otherwise indicated.

(Ord. No. 91-7, § 2)

The word "day" shall mean a working day, unless a calendar day is indicated.

(Ord. No. 91-7, § 2)

Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

A.

Boundaries shown as following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following natural features shall be construed as following such features.

E.

For lots having a frontage on or facing the ocean the front yard depth shall be measured or established from the property line parallel to and nearest the ocean, except that where a forward building line has already been established within the same block or adjacent blocks, no building or addition to an existing building is permitted in front of this general line.

F.

Where a district boundary line divided a lot, parcel or tract of land, the use classification of the larger portion may be extended to the remainder by the city commission without recourse to the amendment procedure.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 22)

This Land Development Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of St. Johns County.

(Ord. No. 91-7, § 2)

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

(Ord. No. 91-7, § 2)

These regulations shall be effective on July 1, 1991.

(Ord. No. 91-7, § 2)