The purpose of this article is to provide mechanisms for obtaining relief from the provisions of this Code where hardship would otherwise occur. The hardships include ones that would be caused if nonconforming development were required to immediately come into compliance with this Code; that may be caused in particular cases by the imposition of the Code's development design standards; or that addresses the hardship that may be caused in particular cases by the Code's resource protection standards.

(Ord. No. 91-7, § 2)

A.

There exist lots, structures, uses of land, and characteristics of use which were lawful before the adoption of this Code, but which would be prohibited, regulated, or restricted under the terms of this Code, as adopted or amended. It is the intent of this Code to permit these nonconformities to continue until they are removed, but not to encourage their survival.

B.

Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure or land or combination thereof shall not be extended or enlarged. Where open land, i.e. land not enclosed by buildings, is being used for a nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

C.

If characteristics of use, such as off-street loading, or other matters pertaining to the use of land, structures, or premises are made nonconforming by this Code 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 Code; provided however, that changes may be made which do not increase, or which decrease, such nonconformities.

(Ord. No. 91-7, § 2; Ord. No. 95-1, § 12)

A.

A nonconforming use of a building, structure, sign, or land, or portion thereof, shall be considered discontinued under the provisions of this Code if any one (1) of the following conditions is met:

1.

Such building, structure, or land, or portion thereof, has been idle or unused for a period of twelve (12) consecutive months; or

2.

The nonconforming use has been discontinued for a period of twelve (12) consecutive months; or

3.

Electrical or water and sewer service furnished by a public or private utility serving the building has been disconnected for a period of twelve (12) consecutive months; or

4.

In the case of a business, an occupational license has not been issued by the city for the nonconforming use for a period of twelve (12) consecutive months.

B.

Each condition listed shall be considered to be met whether or not any furniture, fixtures, equipment or signs have been removed.

(Ord. No. 91-7, § 2)

A.

Structures. Nonconforming structures must be brought into full compliance with the use regulations in Article III of this Code, and the development design and improvement standards in Article VI of this Code, in conjunction with the following activities:

1.

The gross floor area of the structure is expanded by more than twenty-five (25) percent, or more than four thousand (4,000) square feet, whichever is less. Repeated expansions of a structure, constructed over any period of time commencing with the effective date of this Code, shall be combined in determining whether this threshold has been reached.

2.

Reconstruction of the principal structure after the structure has been substantially destroyed by fire or other calamity. A structure is "substantially destroyed" if the cost of reconstruction is fifty (50) percent or more of the assessed value of the structure before the calamity. If there are multiple principal structures on a site, the cost of reconstruction shall be compared to the combined assessed value of all the structures.

B.

Nonconforming signs.

1.

All nonconforming signs with a replacement cost of less than one hundred dollars ($100.00), and all signs prohibited by section 8.02.00 (Prohibited signs) of this Code, shall be removed or made to conform within sixty (60) days of the enactment of this Code.

2.

All other nonconforming signs shall be removed or altered to be conforming within seven (7) years of the effective date of this Code, unless an earlier removal is required by this section.

3.

Billboards existing at the time of the adoption of this Code shall remain for a period not to exceed five (5) years.

(Ord. No. 91-7, § 2)

The comprehensive planning and zoning board may grant variances from the strict application of any provision of this Code, except provisions in Articles III (Land Use) and IV (Consistency/Concurrency), that are not contrary to the public interest and will not adversely affect other property in the vicinity.

(Ord. No. 91-7, § 2)

A.

Any person desiring to undertake a development activity not in conformance with this Code may apply for a variance in conjunction with the application for development review. The variance shall be granted or denied in conjunction with the application for development review.

B.

All applications for a variance to this Code shall be in writing and in such form as may be determined by the building official. Applications shall state fully upon what grounds of hardship the request is made. The comprehensive planning and zoning board may vary terms of the Code, providing such conditions and circumstances are:

1.

Peculiar to the specific land, structure or building;

2.

Do not apply generally to neighboring properties;

3.

That the strict application of the provisions of this Code would deprive the applicant of the reasonable use of said land, structure or building;

4.

The peculiar conditions and circumstances are not the result of the actions of the applicant.

C.

Any variance granted will be the minimum variance that will make possible the reasonable use of such land, structure or building.

D.

A nonconforming use of neighboring lands, structures or buildings, legal or illegal, in the same district, or a permitted use in adjacent districts shall not be considered as grounds for issuance of a variance permitting any use not otherwise allowed in the district.

(Ord. No. 91-7, § 2)

A.

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

B.

Required considerations for the granting of a variance. The comprehensive planning and zoning board is authorized to grant a variance arising out of the dimensional, topographical, physical, and environmental conditions of the specific property for which the variance is sought, taking into account whether such conditions constitute a hardship precluding the reasonable use of the property. No variance shall be granted which is in violation of the comprehensive plan of the city. In making the determination, the board shall consider the factors enumerated below. The presence of a single factor shall not warrant either the granting or denial of the application. Instead the board shall weigh each factor as to whether the public health, safety and welfare warrant the granting or denial of the application. The burden of demonstrating factually that the granting of the application is warranted is on the applicant:

1.

The nature of the hardship, whether it is as a result of an inability to make reasonable economic use of the property consistent with the provisions of these land development regulations, circumstances in common with other property owners, or personal to the applicant, it being the intent of this provision that an inability to make reasonable economic use of the property acts in favor of the granting of the variance and personal hardship and hardship in common with others act against the granting of the variance.

2.

The precedental effect of the variance, it being the intent of this provision that the prior granting of similar variances to persons similarly situated shall act in favor of the granting of the variance and the prior denial of similar variances shall act against to the granting of the variance.

3.

Whether the granting of the variance will create a precedent. The creation of a precedent shall act against the granting of the variance.

4.

Whether the hardship is self-created; that is, whether the applicant acquired the property following the adoption of the regulation from which the variance is sought or the hardship is as a result of construction or other activities undertaken by the applicant following the adoption of such regulation. Acquisition of the property following the adoption of the regulation shall act against the granting of the variance. Acquisition preceding the adoption of the regulation shall act in favor of the granting of the acquisition.

5.

Whether the variance requested is the minimum variance that will permit the reasonable economic use of the property.

6.

The effect of the variance on neighboring properties. The absence of an effect on neighboring properties will act in favor of the granting of the application. An adverse impact upon neighboring properties or the immediate neighborhood will act against the granting of the application.

7.

Increases in congestion on surrounding streets, increases in the danger of fire or flooding will act against the granting of the application.

C.

Conditions and limitations.

1.

Except as provided in paragraph C.2., variances shall be nontransferable and granted to the applicant only, and variances shall be commenced within one (1) year from the effective date of the final order granting same.

2.

The zoning board may attach the following conditions to any variance:

a.

The variance is transferable and runs with the land when the facts involved warrant same or where construction or land development is included as part of the variance.

b.

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

c.

Any other conditions and safeguards it deems necessary or reasonable.

3.

The violation of any condition when made a part of the terms under which a variance is granted shall be deemed a violation of this Code.

4.

Whenever the zoning board has denied an application for a variance, no further application shall be filed for the same variance on any part or all of the same property for a period one (1) year from the date of such action. If two (2) or more applications for the same variance on any part or all of the same property have been denied, no further application shall be filed for the same variance on any part or all of the same property for a period of two (2) years from the date of such action denying the last application filed.

5.

The time limits in paragraph 4. may be waived by the affirmative votes of a majority of a quorum of the zoning board when such action is considered necessary to prevent injustice or to facilitate the proper development of the city.

D.

Form of application. The city manager shall, from time to time, prescribe the form upon which applications for variances shall be made. The form shall require the applicant to factually demonstrate the impact of the requested variance, if granted, as to each of the factors enumerated in subsection B., hereof. In prescribing the form of application, the city manager shall request the advice of the comprehensive planning and zoning board.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 9; Ord. No. 04-22, §§ 1, 2, 12-6-04)

A.

Rules. The city commission shall make rules for the conduct of hearings for the granting of conditional use permits. These rules shall include at least the right of any party to:

1.

Present his case or defense by oral and documentary evidence.

2.

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

3.

Submit proposed findings and conclusions and supporting reasons therefor.

4.

Make offers of compromise or proposals of adjustment.

5.

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

6.

Be promptly notified of any action taken by the city commission concerning his request for the granting of a conditional use permit, or any decisions concerning procedures for the granting of such a permit.

B.

Evidence. The city commission shall receive into evidence that which is admissible in civil proceedings in the courts of Florida, 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 the laws of Florida.

C.

Record. The city commission shall promulgate appropriate rules and regulations providing for the establishment and maintenance of a record of all requests for conditional use permits. A verbatim transcript of the record is not required, but the commission shall establish such record in sufficient degree to disclose the factual basis for its final determination with respect to requests for permits.

D.

Orders. A final order on each request for a conditional use permit shall be made within thirty (30) calendar days of the last hearing at which such request was considered. Each final order shall contain findings upon which the commission's order is based and may include such conditions and safeguards as prescribed by the commission as appropriate in the matter, including reasonable time limits within which action pursuant to such order shall be begun or completed or both.

E.

Limitations. A conditional use permit shall not be granted if the proposed use will not be compatible with other uses existing in the neighborhood or the proposed use will conflict with the public interest.

F.

Violations. The violation of any condition or safeguard when made a part of the terms under which a conditional use permit is granted shall be deemed a violation of this Code.

G.

For all uses designated as C-2 in section 3.02.02, the comprehensive planning and zoning board may stand in the place of the city commission for the purposes of this section.

(Ord. No. 91-7, § 2; Ord. No. 95-1, § 13; Ord. No. 21-10, § 5, 10-4-21)

A.

Conditional use permits shall be nontransferable and granted to the applicant only, and the use shall be commenced within a period of one (1) year from the effective date of the final order granting same; provided, however, that the city commission may adopt the following conditions to any permit:

1.

That the conditional use permit 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 permit.

2.

The time within which the use shall be commenced may be extended for a period of time longer than one (1) year.

Failure to exercise the permit by commencement of the use or action approved thereby within one (1) year or such longer time as approved by the city commission shall render the permit invalid, and all rights granted thereunder shall terminate. Transfer of the property by the applicant, unless the permit runs with the land, shall terminate the permit.

3.

Whenever the city commission has denied an application for a conditional use permit, no further application shall be filed for the same use on any part or all of the same property 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 use on any part or all of the same property has been denied, no further application shall be filed for the same use on any part or all of the same property for a period of two (2) years from the date of such action denying the last application filed.

4.

The time limits in paragraphs 3. above may be waived by the affirmative votes of a majority of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development of the city.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 10)

A.

Appeal of decisions on conditional use permits made by the city commission shall be made to the Circuit Court of St. Johns County.

B.

Appeal of decisions on conditional use permits made by the comprehensive planning and zoning board shall be made to the city commission.

(Ord. No. 91-7, § 2; Ord. No. 93-14, § 8; Ord. No. 21-10, § 5, 10-4-21)

A.

The comprehensive planning and zoning board shall have the authority to grant or deny a conditional use permit for all the uses designated as C-2 in the table found in section 3.02.02. It shall not be necessary for the city commission to approve or confirm the decision of the comprehensive planning and zoning board in respect to grant or deny a conditional use permit for those uses designated as C-2.

B.

The procedures and limitations provided under sections 10.03.01 and 10.03.02 shall apply to conditional use permits for the uses designated C-2 in section 3.02.02, except any reference to the "city commission" or "commission" shall be read as the "comprehensive planning and zoning board".

(Ord. No. 93-14, § 7; Ord. No. 21-10, § 5, 10-4-21)

Editor's note— Ord. No. 98-15, § 1, adopted July 6, 1998, repealed §§ 10.04.00—10.04.02. Formerly, these sections pertained to clustering development rights and derived from Ord. No. 91-7, § 2.