This article sets forth the application and review procedures required for obtaining development orders and certain types of permits. Conditional use permits are issued as part of the development review process. This article also specifies the procedures for appealing decisions and seeking legislative action.

(Ord. No. 91-7, § 2)

An application for development review may be withdrawn at any time so long as no notice has been given that the application will be reviewed at a public hearing.

(Ord. No. 91-7, § 2)

A.

Notice of a time and place of any required public hearing before the comprehensive planning and zoning board with respect to amendments to the comprehensive plan, conditional use permits, variances, concept reviews, or appeals from decisions of the building and zoning department, shall be mailed by the department to the applicant or appellant, and to all persons who, according to the most recent tax rolls, own property within three hundred (300) feet of the property which is the subject of the application or appeal. The notice shall be mailed at least fifteen (15) days in advance of the date of the hearing. In addition, notice of the hearing shall be published once in a county newspaper and others as considered necessary not less than fifteen (15) days in advance of the date of the hearing. The expense of this mailing and publication shall be borne by the applicant, or in the case of an appeal, by the appellant.

B.

Notice of a time and place of any required public hearing before the city commission with respect to conditional use permits, or appeals from decisions of the comprehensive planning and zoning board, shall be mailed by the department to the applicant or appellant, and to all persons who, according to the most recent tax rolls, own property within three hundred (300) feet of the property which is the subject of the application or appeal. The notice shall be mailed at least fifteen (15) days in advance of the date of the hearing. In addition, notice of the public hearing shall be published once in a county newspaper and others as deemed necessary not less than fifteen (15) days in advance of the date of the hearing. The expense of this mailing and publication shall be borne by the applicant, or in the case of an appeal, by the appellant.

C.

An applicant for any conditional use permit, variance, concept review, or a person who appeals from any decision of the building and zoning department, shall post a sign on the property upon which the request or appeal is made in such form as may be required by the city building official or designee not less than fifteen (15) days prior to the date of the public hearing before the comprehensive planning and zoning board. The sign shall be posted in full view of the public on a street side of the land involved and shall be maintained by the applicant until a final determination has been made by the comprehensive planning and zoning board on the request or appeal.

D.

A mailed notice is not required for the concept review of comprehensive plan amendments that affect land use or development standards.

E.

The city shall provide, as a courtesy only, written notice to any incorporated homeowners' associations, as such associations are defined by F.S. Ch. 720, regarding any land use application made by or on behalf of the owners of any real property located within the municipal boundaries of the city and in a residential development governed by restrictive covenants for which the homeowners' association is responsible for enforcement. The notice shall be sent to the official business address of the homeowners' association as listed on the official website of the Florida Department of State, Division of Corporations. The notices provided by this subsection shall be sent as a courtesy to the associations as designated. The failure to provide the notice or to correctly identify the associations shall not affect or defeat the approval of the land use application by the city commission.

(Ord. No. 92-7, § 12; Ord. No. 95-1, § 14; Ord. No. 97-18, § 1, 7-7-97; Ord. No. 06-19, § 1, 8-7-06; Ord. No. 25-04, § 2, 3-3-25)

No development activity may be undertaken unless the activity is authorized by a development permit.

(Ord. No. 91-7, § 2)

Except as provided in section 12.01.03 below, a development permit may not be issued unless the proposed development activity:

A.

Is authorized by a final development order issued pursuant to this Code; and

B.

Conforms to the standards approved by the St. Augustine Beach City Commission.

(Ord. No. 91-7, § 2)

A development permit may be issued for the following development activities in the absence of a final development order issued pursuant to this Code. Unless otherwise specifically provided, the development activity shall conform to this Code and the design standards approved by the St. Augustine Beach City Commission.

A.

Development activity necessary to implement a valid site plan/development plan on which the start of construction took place prior to the adoption of this Code and has continued in good faith. Compliance with the development standards in this Code is not required if in conflict with the previously approved plan.

B.

The construction or alteration of a one-family or two-family dwelling on a lot in a valid recorded subdivision approved prior to the adoption of this Code. Compliance with the development standards in this Code is not required if in conflict with the previously approved plat.

C.

The alteration of an existing building or structure so long as no change is made to its gross floor area, its use, or the amount of impervious surface on the site.

D.

The erection of a sign or the removal of protected trees on a previously developed site and independent of any other development activity on the site.

E.

The resurfacing of a vehicle use area that conforms to all requirements of this Code.

F.

A minor replat granted pursuant to the procedures in section 12.03.00 of this article.

(Ord. No. 91-7, § 2)

After a permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without first obtaining a modification of the permit. A modification may be applied for in the same manner as the original permit. A written record of the modification shall be entered upon the original permit and maintained in the files of the department.

(Ord. No. 91-7, § 2)

Prior to filing for development plan review, the developer shall meet with the building official or designee to discuss the development review process and to be informed of the application process. No person may rely upon any comment concerning a proposed development plan, or any expression of any nature about the proposal made by any participant at the pre-application conference as a representation or implication that the proposal will be ultimately approved or rejected in any form.

(Ord. No. 91-7, § 1; Ord. No. 25-04, § 2, 3-3-25)

A.

Generally. For purposes of these review procedures, all development plans shall be designated by the building official or designee as either minor development or major development according to the criteria below. Before submitting a development plan for review, the developer shall provide the building official or designee with sufficient information to make this determination. The building official's or designee determination shall be supported by written findings.

(Ord. No. 91-7, § 2; Ord. No. 25-04, § 2, 3-3-25)

A.

A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under section 12.01.03 of this article from the requirement of a development plan.

B.

Reserved.

(Ord. No. 91-7, § 2; Ord. No. 25-04, § 2, 3-3-25)

A.

General procedures.

1.

The developer of a proposed minor development shall submit a development plan to the building and zoning department.

2.

Within five (5) business days of receipt of a plan, the department shall:

a.

Determine that the plan is complete and proceed with the procedures below; or

b.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within thirty (30) working days without payment of a reapplication fee, but, if more than thirty (30) days have elapsed, must thereafter reinitiate the review process and pay an additional fee.

3.

A copy of the plan shall be sent to each member of the technical review process.

4.

The department shall review the plan and any comments received and determine whether the proposal complies with the requirements of this Code.

5.

Within fifteen (15) business days of receiving comments, the department shall:

a.

Reserved;

b.

Issue a final development order if it was a final development plan that was reviewed; or

c.

Refuse to issue a final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

B.

Approval of final development plans.

1.

Within fifteen (15) business days the department shall determine whether the final development plan should be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any imposed during concept review. The department shall:

a.

Issue a final development order; or

b.

Refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order.

C.

Entities included in review process. The technical review process shall include St. Johns County Fire Services, St. Johns County Utility Department, St. Johns County Transportation Section, the city, and any agency required by state or federal law.

D.

Amendment to final development plans. If a minor development has received a final development order or other approval, the amendment, modification or extension of such a final development order or approval shall only be by the same process as the order or approval was originally obtained and the review fee shall also be the same. Expired final development orders are not eligible for renewal.

(Ord. No. 91-7, § 2; Ord. No. 03-14, § 1, 7-7-03; Ord. No. 15-01, § 1, 2-2-15; Ord. No. 25-04, § 2, 3-3-25)

A.

A development plan shall be designated as a major development if it satisfies one (1) or more of the following criteria:

1.

The activity involves combined land and water area which exceeds three (3) acres.

2.

The development is a residential project of five (5) or more dwelling units per acre of land or of twenty-five (25) or more total dwelling units.

3.

The development involves more than ten thousand (10,000) square feet of nonresidential floor space.

4.

Any development that the building official designates as a major development project because:

a.

The proposed development is part of a larger parcel for which additional development is anticipated that, when aggregated with the project in question, exceeds the limits of paragraphs 1., 2., and/or 3. above; or

b.

The proposed development should be more thoroughly and publicly reviewed because of its complexity, hazardousness, or location.

c.

The proposed development is one which is likely to be controversial despite its small size mass or height, and should thus be more thoroughly and publicly reviewed.

5.

Any Planned Unit Development (PUD) shall be considered major development.

6.

Any commercial development that seeks a reduction in minimum parking standards.

B.

All major development shall hold a neighborhood meeting that includes notices to all residents within three hundred (300) feet of the proposed development at least fifteen (15) business days prior to the meeting. This meeting shall occur in the City of St. Augustine Beach jurisdiction and a record of attendance and minutes of the meeting are to be provided to the planning and zoning division prior to final review. The proposed major development shall be reviewed by the comprehensive planning and zoning board for final determination of approval or denial.

(Ord. No. 91-7, § 2; Ord. No. 03-14, § 2, 7-7-03; Ord. No. 15-08, § I, 12-7-15; Ord. No. 25-04, § 2, 3-3-25)

Editor's note— Ord. No. 25-04, § 2, adopted March 3, 2025, repealed App. A, § 12.02.06, which pertained to concept review and derived from Ord. No. 91-7, § 2; Ord. No. 92-7, § 13; Ord. No. 23-03, § 4, adopted June 5, 2023.

A.

Application. Applications for development review shall be available from the building and zoning department. A completed application shall be signed by all owners, or their agent. Signature of an agent will be accepted only upon written authorization by the owners.

B.

General plan requirements. All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

1.

All plans shall be drawn to a scale of one (1) inch equals one hundred (100) feet, unless the building official determines that a different scale is sufficient or necessary for proper review of the proposal. The name, address, and telephone number of the preparer of the drawing(s). The plan shall show the boundaries of the property.

2.

Ten (10) copies of the submittal shall be required.

3.

Unless a format is specifically called for below, the information required may be presented textually, graphically, or on a map, plan, aerial photograph, or by other means, whichever most clearly conveys the required information.

C.

Preliminary plan. Each preliminary plan shall contain:

1.

Existing conditions.

a.

The location of existing property or right-of-way lines, streets, buildings, transmission lines, sewers, culverts, drain pipes, water mains, fire hydrants, and any public or private easements.

b.

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

c.

Contour lines at two (2) foot intervals.

d.

All water courses, water bodies, floodplains, wetlands, important natural features, soil types and vegetative cover.

e.

The approximate location of any environmentally sensitive zones.

f.

Existing land use district of the parcel.

g.

Any endangered species of animal, bird or other forms of wildlife in the proposed development area.

h.

Listing of any historic structures or sites on the property or a statement that the site does not contain any historic resources.

2.

Proposed development activities and design.

a.

The approximate location and intensity or density of the proposed development.

b.

A general parking and circulation plan.

c.

Points of ingress to and egress from the site.

d.

Existing and proposed stormwater management systems on the site and proposed linkage, if any, with existing or planned public stormwater management systems.

e.

Proposed location and sizing of potable water and waste water facilities to serve the proposed development, including required improvements or extensions of existing offsite facilities.

f.

Proposed open space areas on the development site and types of activities proposed to be permitted on them.

g.

Lands to be dedicated or transferred to the public and the purposes for which the lands will be held and used.

h.

Preliminary architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.

i.

The impact of the development on the emergency evacuation routes in the city.

j.

Projected average daily traffic.

D.

Final development plan. A final development plan shall include the information required in a preliminary plan plus the following additional or more detailed information:

1.

Existing conditions.

a.

A map of vegetative cover including the location and identity by common name of all protected trees, including existing protected trees within areas of proposed improvements.

b.

A topographic map of the site clearly showing the location, identification, and elevation of bench marks, including at least one (1) bench mark for each major water control structure.

c.

A detailed overall project area map showing existing hydrography and runoff patterns, and the size, location, topography, and land use of any off-site areas that drain onto, through, or from the project area.

d.

Existing surface water bodies, wetlands, streams and canals within the proposed development site, including seasonal high water-table elevations and attendant drainage areas for each.

e.

The location of any underground or overhead utilities, culverts and drains on the property and within one hundred (100) feet of the proposed development boundary.

f.

Location, names and widths of existing and proposed streets, highways, easements, building lines, alleys, parks, and other public spaces and similar facts regarding adjacent property.

g.

The one hundred (100) year flood elevation, minimum required floor elevation and boundaries of the one hundred (100) year floodplain for all parts of the proposed development.

h.

Drainage basin or watershed boundaries identifying locations of the routes of off-site waters onto, through, or around the project.

2.

Proposed development activities and design.

a.

Generally.

(1)

Area and percentage of total site area to be covered by an impervious surface.

(2)

Grading plans specifically including perimeter grading.

(3)

Construction phase lines.

b.

Buildings and other structures.

(1)

Building plan showing the location, dimensions, gross floor area, and proposed use of buildings.

(2)

Front, rear and side architectural elevations of all buildings.

(3)

Building setback distances from property lines, abutting right-of-way center lines, and all adjacent buildings and structures.

(4)

Minimum floor elevations of buildings within any one hundred (100) year floodplain.

(5)

The location, dimensions, type, composition, and intended use of all other structures.

c.

Potable water and wastewater systems.

(1)

Proposed location and sizing of potable water and wastewater facilities to serve the proposed development, including required improvements or extensions of existing off-site facilities.

(2)

The boundaries of proposed utility easements.

(3)

Location of the nearest available public water supply and wastewater disposal system and the proposed tie-in points, or an explanation of alternative systems to be used.

(4)

Exact locations of on-site and nearby existing and proposed fire hydrants.

d.

Streets, parking and loading.

(1)

The layout of all streets and driveways with paving and drainage plans and profiles showing existing and proposed elevations and grades of all public and private paved areas.

(2)

A parking and loading plan showing the total number and dimensions of proposed parking spaces, spaces reserved for handicapped parking, loading areas, proposed ingress and egress (including proposed public street modifications), and projected on-site traffic flow.

(3)

The location of all exterior lighting.

(4)

The location and specifications of any proposed garbage dumpsters.

(5)

Cross sections and specifications of all proposed pavement.

(6)

Typical and special roadway and drainage sections and summary of quantities.

e.

Tree removal and protection.

(1)

All protected trees to be removed and a statement of why they are to be removed.

(2)

Proposed changes in the natural grade and any other development activities directly affecting trees to be retained.

(3)

A statement of the measures to be taken to protect the trees to be retained.

(4)

A statement of tree relocations and replacements proposed.

f.

Landscaping.

(1)

Location and dimensions of proposed buffer zones and landscaped areas.

(2)

Description of plant materials existing and to be planted in buffer zones and landscaped areas.

g.

Stormwater management.

(1)

An erosion and sedimentation control plan that describes the type and location of control measures, the stage of development at which they will be put into place or used, and maintenance provisions.

(2)

A description of the proposed stormwater management system, including:

(a)

Channel, direction, flow rate, and volume of stormwater that will be conveyed from the site, with a comparison to natural or existing conditions.

(b)

Detention and retention areas, including plans for the discharge of contained waters, maintenance plans, and predictions of surface water quality changes.

(c)

Areas of the site to be used or reserved for percolation including an assessment of the impact on groundwater quality.

(d)

Location of all water bodies to be included in the surface water management system (natural and artificial) with details of hydrography, side slopes, depths, and water-surface elevations or hydrographs.

(e)

Linkages with existing or planned stormwater management systems.

(f)

On and off-site rights-of-way and easements for the system including locations and a statement of the nature of the reservation of all areas to be reserved as part of the stormwater management system.

(g)

The entity or agency responsible for the operation and maintenance of the stormwater management system.

(3)

The location of off-site water resource facilities such as works, surface water management systems, wells, or well fields, that will be incorporated into or used by the proposed project, showing the names and addresses of the owner of the facilities.

(4)

Runoff calculations shall be in accord with the stormwater management manual.

h.

Environmentally sensitive lands.

(1)

The exact sites and specifications for all proposed drainage, filling, grading, dredging, and vegetation removal activities including estimated quantities of excavation or fill materials computed from cross sections, proposed within a protected environmentally sensitive zone.

(2)

Detailed statement or other materials showing the following:

(a)

The percentage of the land surface of the site that is covered with natural vegetation and the percentage of natural vegetation that will be removed by development.

(b)

The distances between development activities and the boundaries of the protected environmentally sensitive zones.

(3)

The manner in which habitats of endangered and threatened species are protected.

i.

Signs.

(1)

Two (2) blueprints or ink drawings of the plans and specifications of regulated signs, and method of their construction and attachment to the building or ground, except those plans for standard signs that have been placed on file with the building official by a licensed sign contractor for standard signs. The plans shall show all pertinent structural details, wind pressure requirements, and display materials in accordance with the requirements of this Code and the building and electrical codes adopted by St. Augustine Beach. The plans shall clearly illustrate the type of sign or sign structure as defined in this Code; the design of the sign, including dimensions, colors and materials; the aggregate sign area; the dollar value of the sign; maximum and minimum heights of the sign; and sources of illumination.

(2)

For regulated ground signs, a plan, sketch, blueprint, blueline print or similar presentation drawn to scale which indicates clearly:

(a)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas and other existing ground signs on the parcel.

(b)

All regulated trees that will be damaged or removed for the construction and display of the sign.

(c)

The speed limit on adjacent streets.

(3)

For regulated building signs, a plan, sketch, blueprint, blue line print or similar presentation drawn to scale which indicates clearly:

(a)

The location of the sign relative to property lines, rights-of-way, streets, alleys, sidewalks, vehicular access and parking areas, buildings and structures on the parcel.

(b)

The number, size, type, and location of all existing signs on the same parcel, except a single business unit in a multiple occupancy complex shall not be required to delineate the signs of other business units.

(c)

A building elevation or other documentation indicating the building dimensions.

j.

Subdivision. Proposed number, minimum area and location of lots, if development involves a subdivision of land.

k.

Land use and dedications.

(1)

Location of all land to be dedicated or reserved for all public and private uses including rights-of-way, easements, special reservations, and the like.

(2)

Amount of area devoted to all existing and proposed land uses, including schools, open space, churches, residential and commercial, as well as the location thereof.

(3)

The total number and type of residential units categorized according to number of bedrooms. The total number of residential units per acre (gross density) shall be given.

(4)

Location of proposed development in relation to any established urban service areas.

l.

Wellfield protection. Location of on-site wells, and wells within one thousand (1,000) feet of any property line, exceeding one hundred thousand (100,000) gallons per day.

m.

Historic and archaeologic sites. The manner in which historic and archaeologic sites on the site, or within one thousand (1,000) feet of any boundary of the site, will be protected.

E.

Final development plan—Subdivision of land.

1.

A metes and bounds description of lands to be subdivided, from which and without reference to the plat, the starting point and boundary can be determined.

2.

Every development shall be given a name by which it shall be legally known. The name shall not be the same as any other name appearing on any recorded plat except when the proposed development includes a subdivision that is subdivided as an additional unit or section by the same developer or his successors in title. Every subdivision name shall have legible lettering of the same size and type including the words "section," "unit," "replat," "amended," and the like. The name of the development shall be indicated on every page.

3.

All lots shall be numbered either by progressive numbers or, if in blocks, progressively numbered or lettered, except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.

4.

All interior excluded parcels shall be clearly indicated and labeled "Not part of this plat/development."

5.

All contiguous properties shall be identified by development title, plat book, and page, or if the land is unplatted, it shall be so designated. If a subdivision to be platted is a resubdivision of a part or the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. All abutting existing easements and rights-of-way must be indicated. The abutting existing rights-of-way must be indicated to the center line.

6.

Restrictions pertaining to the type and use of existing or proposed improvements, waterways, open spaces, building lines, buffer strips and walls, and other restrictions of similar nature, shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.

7.

Where the development includes private streets, ownership and maintenance association documents shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to St. Augustine Beach or any other public agency. Such ownership and maintenance association documents shall also contain provisions for providing access to such private streets to emergency medical, fire, and police personnel including provisions in the instance of gated communities, for provision of access codes to applicable public safety departments.

8.

All man-made lakes, ponds, and other man-made bodies of water excluding retention/detention areas shown on the final development plan shall be made a part of adjacent private lot(s) as shown on the final plat. The ownership of these bodies of water shall not be dedicated to the public unless approved by St. Augustine Beach.

F.

Final development plan—Commercial structures. The front, rear and side architectural elevations for commercial structures as submitted pursuant to subsection 12.02.07.D.2.b.(2) hereof shall demonstrate compliance with the following criteria:

1.

The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the city as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality.

2.

The proposed structure or project is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value.

3.

The proposed structure is in conformity with the standards of these Land Development Regulations and other applicable ordinances in so far as the location and appearance of the buildings and structures are involved. Conditions may be applied when the proposed building of structure does not comply with the above criteria and shall be such as to bring the structure or project in to conformity. If any application is disapproved, the comprehensive planning and zoning board shall detail in its findings the criterion or criteria that are not met. The action taken by the board shall be reduced to writing, signed by the chairman and a copy thereof made available to the applicant upon request.

4.

The proposed structure or project is in harmony with the proposed developments in the general area, with the comprehensive plan for the city and with the criteria set forth in any Supplemental Criteria and Procedural Rules of the comprehensive planning and zoning board, as the same may be from time to time amended and revised. Any decision of the board must comply with such supplemental criteria and procedural rules which supplemental criteria and rules must be consistent with the criteria set forth in this section. The supplemental criteria and rules of the board may be amended from time to time by ordinance regularly adopted upon action initiated by the city commission.

5.

The proposed landscape and irrigation design shall promote water conservation. Water requirements may be reduced by providing for:

a.

Preservation and reestablishment of native plant communities;

b.

The use of drought-tolerant, site specific, and shade producing plants; and

c.

Design and maintenance of irrigation systems which eliminate waste of water due to over application or loss from damage.

6.

Renovations. Renovations to the exterior of an commercial structure shall comply with the criteria and supplemental criteria for Community Appearance Standards; provided, however, that an application for final development approval for a renovation of an existing structure shall only require such information as may reasonably be required by the building department or the comprehensive planning and zoning board to demonstrate compliance with the criteria and supplemental criteria for Community Appearance Standards and shall not be required to provide information as to areas not proposed for renovation except as provide for an understanding of the proposed changes or alterations to the structure.

7.

Definitions. As used in this section 12.02.07.F. and as used in the Supplemental Criteria for Community Appearance Standards, the following terms and phrases shall have the meanings indicated:

Commercial structure shall mean a structure located within a commercially zoned area regardless of its actual use.

Renovation shall mean a change or alteration to a material element of a structure that changes or alters (a) a major structural or architectural feature of a building including changes to roof lines, porches, location or size of windows or doors; or (b) the exterior of a building requiring the submittal of plans signed and sealed by a registered architect or engineer.

(Ord. No. 91-7, § 2; Ord. No. 96-33, § 1; Ord. No. 98-11, § 2, 6-1-98; Ord. No. 98-14, § 1, 7-6-98; Ord. No. 00-12, §§ 1, 2, 3-6-00)

A master plan for the entire development site must be approved for a major development that is to be developed in phases. The master plan shall be submitted simultaneously with an application for review of the final development plan for the first phase of the development and must be approved as a condition of approval of the final plan for the first phase. A final development plan must be approved for each phase of the development under the procedures for development review prescribed above.

(Ord. No. 91-7, § 2)

A.

A master plan is required for a major development which is to be developed in phases. A master plan shall provide the following information for the entire development:

1.

A concept plan for the entire master plan area.

2.

A development plan for the first phase or phases for which approval is sought.

3.

A development phasing schedule including the sequence for each phase; approximate size of the area in each phase; and proposed phasing of construction of public recreation and common open space areas and facilities.

4.

Total acreage in each phase and gross intensity (nonresidential) and gross density (residential) of each phase.

5.

Number, height and type of residential units.

6.

Floor area, height and types of office, commercial, industrial and other proposed uses.

7.

Total land area, and approximate location and amount of open space included in each residential, office, commercial, and industrial area.

8.

Approximate location of proposed and existing streets and pedestrian and bicycle routes, including points of ingress and egress.

9.

Approximate location and acreage of any proposed public use such as parks, school sites, and similar public or semipublic uses.

10.

A vicinity map of the area within one (1) mile surrounding the site showing:

a.

Land use designations and boundaries.

b.

Traffic circulation systems.

c.

Major public facilities.

d.

Municipal boundary lines.

11.

Other documentation necessary to permit satisfactory review under the requirements of this Code and other applicable law as required by special circumstances in the determination of the building official.

(Ord. No. 91-7, § 2)

A.

Review of final development plans.

1.

Within fifteen (15) business days of receipt of a final development plan, the building official or designee shall:

a.

Determine that the information is incomplete and inform the developer in writing of the deficiencies. The developer may submit an amended plan within thirty (30) business days without payment of an additional fee, but, if more than thirty (30) business days have elapsed, must thereafter initiate a new application and pay a new fee; or

b.

Determine that the plan is complete and proceed with the following procedures.

2.

The building official or designee shall send a copy of the final development plan to each participant in the technical review process. Each participant shall submit comments to the building official within fifteen (15) business days.

3.

Written comments from each participant in the technical review process shall relate to the proposed development's probable effect on the public facilities and services that the participant represents.

4.

Within ten (10) business days after the building official or designee receives comments, the building official or designee shall issue a written report making a recommendation to the comprehensive planning and zoning board. The report shall set forth findings and conclusions supporting the recommendation that the comprehensive planning and zoning board:

a.

Issue a final development order complying with section 12.02.11 below; or

b.

Refuse to issue a final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

5.

On the earliest available date that allows the giving of required notice, the comprehensive planning and zoning board shall conduct an administrative hearing on the final development plan to determine whether the plan satisfies the requirements of this Code.

6.

The comprehensive planning and zoning board shall:

a.

Issue a final development order complying with section 12.02.11 below; or

b.

Refuse to issue a final development order based on it being impossible for the proposed development, even with reasonable modifications, to meet the requirements of this Code.

B.

Amendment to final development plans. If a major development has received a final development order or other approval, the amendment, modification or extension of such a final development order or approval shall only be by the same process as the order or approval was originally obtained and the review fee shall also be the same. For Planned Unit Developments, strikethrough and underlined sections of the proposed changes shall be submitted. Expired final development orders are not eligible for renewal.

(Ord. No. 91-7, § 2; Ord. No. 15-01, § 2, 2-2-15; Ord. No. 25-04, § 2, 3-3-25)

A.

Required contents. A final development order shall contain the following:

1.

An approved final development plan (may be subject to conditions and modifications) with findings and conclusions.

2.

A listing of conditions that must be met, and modifications to the final development plan that must be made, in order for a final development order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly and time for submitting modifications. Anything in these land development regulations to the contrary notwithstanding the comprehensive planning and zoning board may direct the reduction of mandatory parking requirements, except handicap requirements, in order to preserve protected trees and required planting area, or direct the mitigation of the loss of such protected trees by replacement with trees of such number, species, and size as will, in the opinion of the comprehensive planning and zoning board, be the substantial equivalent in their benefit to the environment as the protected trees proposed for removal. It is the intent of this subsection that the comprehensive planning and zoning board will balance the value to the overall quality of life within the City of St. Augustine Beach of the protected trees, enhanced vegetation, and compliance with the parking requirements of the proposed development.

3.

A listing of federal, state, and regional permits that must be obtained in order for the final development order to be effective.

4.

The determination of concurrency and the time period for which the final development order is valid.

5.

A specific time period during which the development order is valid and during which time development shall commence.

6.

A schedule of construction phasing consistent with availability of capacity of one or more services and facilities.

7.

A schedule of services or facilities to be provided or contracted for construction by the applicant prior to the issuance of any certificate of occupancy.

8.

Such other conditions as may be required to ensure compliance with the concurrency requirement.

(Ord. No. 91-7, § 2; Ord. No. 98-11, § 3, 6-1-98)

Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this Code shall be obtained from the records of the St. Johns County Tax Collector. The failure of any person to receive notice shall not invalidate an action if a good faith attempt was made to comply with the notice requirements of this Code.

(Ord. No. 91-7, § 2)

Each administrative hearing shall conform to the following procedures, as supplemented by law, rule or decision.

A.

Burden and nature of proof. The applicant for any development permit must prove that the proposal satisfies the applicable requirements and standards of this Code.

B.

Order of proceedings.

1.

The comprehensive planning and zoning board shall:

a.

Determine whether it has jurisdiction over the matter.

b.

Determine whether any member must abstain or is disqualified. Abstaining from voting or disqualification because of conflict of interest must be declared in accordance with Part III of Chapter 112, Florida Statutes.

2.

The board may take official notice of known information related to the issue, including:

a.

State law and applicable ordinances, resolutions, rules and official policies of St. Augustine Beach.

b.

Other public records and facts judicially noticeable by law.

3.

Matters officially noticed need not be established by evidence and are binding to the extent that they are relevant and material. Requests that official notice be taken shall be made on the record and an opportunity for rebuttal shall be given to opposing parties. The board may take notice without prompting or suggestion of matters listed in paragraph 2. above and shall state all matters officially noticed for the record.

4.

Individual board members may view the site of the proposed development with or without notification to the parties, but after the visit, shall place the time, manner and circumstances of the view in the record with the building and zoning department secretary.

5.

Staff, the developer, and interested persons may present information.

6.

Before the hearing has concluded, the board shall restate the issues and comment upon the law and facts pertaining to the decision, and if opportunity for rebuttal is provided, may ask additional questions of any person who has testified or presented information.

C.

Findings and order. Unless the board and the developer agree to an extension, the board shall, within ten (10) working days of the hearing, prepare an order including:

1.

A statement of the applicable criteria and standards against which the proposal was tested.

2.

Findings of facts which established compliance or noncompliance with the applicable criteria and standards of this Code.

3.

The reasons for a conclusion to approve, conditionally approve, or deny.

D.

Record of proceedings.

1.

All proceedings shall be recorded.

2.

The findings and order shall be included in the record.

(Ord. No. 91-7, § 2)

A.

Generally. Where proposed minor or major development includes the subdivision of land, the final approval of the development plan by the comprehensive planning and zoning board shall be made contingent upon approval by the St. Augustine Beach Commission of a plat conforming to the development plan.

B.

Filing with department. After receiving plat-contingent final development plan approval, the developer shall submit to the department a plat conforming to the development plan and the requirements of Chapter 177, Florida Statutes. Alternatively, the developer may submit a plat at any point in the development review process.

C.

Review by building official. The building official or designee shall, within twenty (20) business days or receiving the plat, review the plat with the city attorney to see whether the plat conforms to the approved development plan, and the requirements of Chapter 177, Florida Statutes. If the plat does conform, then the building official or designee shall ask the city manager to place the plat on the next available agenda of the St. Augustine Beach Commission. If the plat does not conform, the building official or designee shall explain the deficiency in the plat to the developer and inform him that a corrected plat may be resubmitted prior to review by the city commission.

D.

Review by St. Augustine Beach Commission. Review of the plat by the city commission shall be strictly limited to whether the plat conforms to the requirements of Chapter 177, Florida Statutes and this Code. A conforming plat shall be approved and the department shall forthwith issue the development order allowing development to proceed.

E.

Development activity. Development activity in any subdivision shall be performed in compliance with the plat and any development order.

F.

Change in utility plans. When a governmental agency requires drainage or other utility improvements at variance with a plat or development order, a revised plan for utilities may be approved by order of the comprehensive planning and zoning board with appropriate conditions. Development at variance with the plan for utilities shown on the plat or development order may be performed in accordance with the board's order. A copy of the board's order shall be recorded in the public records for St. Johns County maintained by the clerk of the circuit court.

(Ord. No. 91-7, § 2; Ord. No. 93-14, § 12; Ord. No. 25-04, § 2, 3-3-25)

A.

Applicability.

1.

The provisions of this section 12.02.00 to all proposed developments in St. Augustine Beach, including private road subdivisions.

2.

Nothing in this section 12.02.00 shall be construed as relieving a developer of any requirement relating to concurrency in Article IV of this Code.

3.

This section 12.02.00 does not modify existing agreements between a developer and St. Augustine Beach for subdivisions platted and final development orders granted prior to the effective date of this Code, providing such agreements are current as to all conditions and terms thereof.

B.

Improvements agreements required. The approval of any development plan shall be subject to the developer providing assurance that all required improvements, including, but not limited to storm drainage facilities, streets and highways, water and sewer lines, shall be satisfactorily constructed according to the approved development plan. The following information shall be provided:

1.

Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

2.

The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated. The term shall not exceed five (5) years from the recording of the plat or thirty (30) percent occupancy of the development, whichever comes first.

3.

The projected total cost for each improvement. Cost for construction shall be determined by either of the following:

a.

Estimate prepared and provided by the applicant's engineer.

b.

A copy of the executed construction contract provided.

4.

Specification of the public improvements to be made and dedicated together with the timetable for making improvements.

5.

Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making those improvements, St. Augustine Beach shall utilize the security provided in connection with the agreement.

6.

Provision of the amount and type of security provided to ensure performance.

7.

Provision that the amount of the security may be reduced periodically, but not more than two (2) times during each year, subsequent to the completion, inspection and acceptance of improvements by St. Augustine Beach Public Works Director and/or City Engineer.

C.

Amount and type of security.

1.

The amount of the security listed in the improvement agreement shall be approved as adequate by the St. Augustine Beach Public Works Director and/or City Engineer.

2.

Security requirements may be met by but are not limited to the following:

a.

Cashiers check;

b.

Certified check;

c.

Developer/Lender/St. Augustine Beach Agreement;

d.

Interest bearing certificate of deposit;

e.

Irrevocable letters of credit;

f.

Surety bond.

3.

The amount of security shall be one hundred ten (110) percent of the total construction costs for the required developer-installed improvements. The amount of security may be reduced commensurate with the completion and final acceptance of required improvements. In no case, however, shall the amount of the bond be less than one hundred ten (110) percent of the cost of completing the remaining required improvements.

4.

Standard forms are available at the St. Augustine Beach Building and Zoning Department.

D.

Completion of improvements.

1.

When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance is recommended by the City of St. Augustine Beach. A recommendation for final acceptance shall be made upon receipt of a certification of project completion and one (1) copy of all test results.

2.

As required improvements are completed and accepted, the developer may apply for release of all or a portion of the bond consistent with the requirement in section 12.02.15C, 3. above.

E.

Maintenance of improvements.

1.

A maintenance agreement and security shall be provided to assure St. Augustine Beach that all required improvements shall be maintained by the developer according to he following requirements:

a.

The period of maintenance shall be a minimum of three (3) years.

b.

The maintenance period shall begin with the acceptance by St. Augustine Beach of the construction of the improvements.

c.

The security shall be in the amount of fifteen (15) percent of the construction cost of the improvements.

d.

The original agreement shall be retained by the building official.

2.

Whenever a proposed development provides for the creation of facilities or improvements which are not proposed for dedication to St. Augustine Beach a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a.

When the proposed development is to be organized as a condominium under the provisions of Chapter 718, Florida Statutes, common facilities and property shall be conveyed to the condominium's association pursuant to that law.

b.

When no condominium is to be organized, an owners' association shall be created, and all common facilities and property shall be conveyed to that association.

c.

No development order shall be issued for a development for which an owners' association is required until the documents establishing such association have been reviewed and approved by the St. Augustine Beach Attorney.

3.

An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to St. Augustine Beach shall be created by covenants running with the land. Such covenants shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to St. Augustine Beach.

(Ord. No. 91-7, § 2; Ord. No. 25-04, § 2, 3-3-25)

A.

Generally. The building official may approve a minor replat that conforms to the requirements of this section 12.03.00.

B.

Submittals. The department shall consider a proposed minor replat upon the submittal of the following materials:

1.

An application form provided by the department;

2.

Five (5) paper copies of the proposed minor replat;

3.

A statement indicating whether water and/or sanitary sewer service is available to the property; and

4.

Land descriptions and acreage or square footage of the original and proposed lots and a scaled drawing showing the intended division shall be prepared by a professional land surveyor registered in the State of Florida. In the event a lot contains any principal or accessory structures, a survey showing the structures on the lot shall accompany the application.

C.

Review procedure.

1.

The building official or designee shall transmit a copy of the proposed minor replat to the appropriate agencies for review and comments.

2.

If the proposed minor replat meets the conditions of this section and otherwise complies with all applicable laws and ordinances, the building official shall approve the minor replat by signing the application form.

D.

Recordation. Upon approval of the minor replat, the building and zoning department shall record the replat on the appropriate maps and documents, and shall, at the developer's expense, record the replat in the official county records.

(Ord. No. 91-7, § 2; Ord. No. 25-04, § 2, 3-3-25)

A.

Standards. All minor replats shall conform to the following standards:

1.

Each proposed lot must conform to the requirements of this Code.

2.

Each lot shall abut a public or private street (except as hereinafter provided) for the required minimum lot width for the zoning district/category where the lots are located.

3.

If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner may be requalified to dedicate one-half (½) the right-of-way width necessary to meet the minimum design requirements.

B.

Restriction. No further division of an approved minor replat is permitted under this section, unless a development plan is prepared and submitted in accordance with this article.

(Ord. No. 91-7, § 2)

Application for a development permit shall be made to the building and zoning department on a form provided by the department and may be acted upon by the department without public hearing or notice.

(Ord. No. 91-7, § 2)

The application shall be reviewed by the department for compliance with all applicable codes.

(Ord. No. 91-7, § 2)

The procedures in this section 12.05.00 shall be followed in amending this Code and the comprehensive plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 91-7, § 2; Ord. No. 21-09, § 2, 9-13-21)

Any person, board or agency may apply to the department to amend the land development regulations or the comprehensive plan in compliance with procedures prescribed by the department.

(Ord. No. 91-7, § 2; Ord. No. 96-08, § 1; Ord. No. 21-09, § 2, 9-13-21)

The building official or designee shall, upon the receipt of an application for rezoning or an amendment to these land development regulations, submit the same to the comprehensive planning and zoning board for its first public hearing at its next regular meeting. After the first public hearing before the planning and zoning board, regardless of the recommendation, the building official or designee shall refer the application for rezoning or amendment to these land development regulations to the city commission for second public hearing and potential final passage at its next regularly scheduled meeting.

(Ord. No. 91-7, § 2; Ord. No. 96-08, § 2; Ord. No. 05-06, § 1, 4-7-05; Ord. No. 21-09, § 2, 9-13-21)

Applications to amend the comprehensive plan shall be set for hearing before the comprehensive planning and zoning board.

(Ord. No. 91-7, § 2; Ord. No. 21-09, § 2, 9-13-21)

The comprehensive planning and zoning board shall hold the first public hearing on each application to amend this Code or the comprehensive plan, and make a recommendation as required by Chapter 163 of the Florida Statutes to the city commission.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 14; Ord. No. 92-20, § 13; Ord. No. 21-09, § 2, 9-13-21)

The St. Augustine Beach Commission shall, upon receipt of the recommendation and comments of the comprehensive planning and zoning board, hold a public hearing on the proposed amendment and may enact or reject the proposal, or enact a modified proposal that is within the scope of matters considered in the hearing.

(Ord. No. 91-7, § 2; Ord. No. 96-08, § 3; Ord. No. 21-09, § 2, 9-13-21)

Each public hearing shall conform to the following requirements:

A.

Notice. Notice that complies with the requirements of state law shall be given.

B.

Hearing. The public hearing shall as a minimum:

C.

Comply with the requirements of state law.

1.

Permit any person to submit written recommendations and comments before or during the hearing.

2.

Permit a reasonable opportunity for interested persons to make oral statements.

(Ord. No. 91-7, § 2; Ord. No. 21-09, § 2, 9-13-21)

A developer or any adversely affected person may appeal a final decision of the department on an application for a development permit, development order, or a decision as to whether a development is a minor development or a major development. Appeals are made to the comprehensive planning and zoning board by filing a notice of appeal with the department within thirty (30) working days of the decision.

(Ord. No. 91-7, § 2; Ord. No. 21-09, § 2, 9-13-21)

A developer, an adversely affected party, or any person who appeared orally or in writing before the comprehensive planning and zoning board and asserted a position on the merits in a capacity other than as a disinterested witness, may appeal the decision on a development plan, variance, conditional use permit designated as C-2 in section 3.02.02, or an appeal under section 12.06.01 reached at the conclusion of an administrative hearing to the city commission by filing a notice of appeal with the department within thirty (30) days of the date of the decision.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 15; Ord. No. 93-14, § 9; Ord. No. 21-09, § 2, 9-13-21; Ord. No. 21-10, § 7, 10-4-21)

The notice of appeal shall contain:

A.

A statement of the decision to be reviewed, and the date of the decision.

B.

A statement of the interest of the person seeking review.

C.

The specific error alleged as the grounds of the appeal.

(Ord. No. 91-7, § 2)

When a decision is appealed to the city commission, the commission shall conduct the hearing in compliance with the following procedures as supplemented where necessary:

A.

Scope of review.

1.

The city commission's review shall be limited to the record and applicable law.

2.

The commission shall have the authority to review questions of law only, including interpretations of this Code, and any constitution, ordinance, statute, law, or other rule or regulation of binding legal force. For this purpose, an allegation that a decision of the decision-maker is not supported by competent substantial evidence in the record as a whole is deemed to be a question of law. The commission may not reweigh the evidence but must decide only whether any reasonable construction of the evidence supports the decision under review.

B.

The city commission shall find whether in its opinion error was made, and within the terms of this Code affirm, reverse or modify the decision appealed as it deems just and equitable.

C.

Appeals from the decision of the city commission shall be appealed to the circuit court.

(Ord. No. 91-7, § 2; Ord. No. 92-7, § 16)

A final legislative action of the St. Augustine Beach Commission may be reviewed in a court of proper jurisdiction as prescribed by law.

(Ord. No. 91-7, § 2)

A party to an administrative or appellate hearing may challenge the impartiality of any member of the hearing body. The challenge shall state by affidavit facts relating to a bias, prejudgment, personal interest, or other facts from which the challenger has concluded that the decision-maker cannot participate in an impartial manner. Except for good cause shown, the challenge shall be delivered by personal service to the building official no less than forty-eight (48) hours preceding the time set for the hearing. The building official shall attempt to notify the person whose qualifications are challenged prior to the hearing. The challenge shall be incorporated into the record of the hearing.

(Ord. No. 91-7, § 2)

No member of the city commission, comprehensive planning and zoning board, or other public officer shall vote in his official capacity upon any matter if he has a voting conflict under Chapter 112 of the Florida Statutes.

(Ord. No. 91-7, § 2; Ord. No. 93-7, § 3)

No officer or employee of St. Augustine Beach who has a financial or other private interest in a proposal shall participate in discussions with or give an official opinion to the city commission on the proposal without first declaring for the record the nature and extent of the interest.

(Ord. No. 91-7, § 2)

A.

Minor deviations. A minor deviation is a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

1.

Alteration of the location of any road, walkway, landscaping or structure by not more than five (5) feet.

2.

Reduction of the total amount of open space by not more than five (5) percent, or reduction of the yard area or open space associated with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code.

B.

Major deviations. A major deviation is a deviation other than a minor deviation, from a final development plan.

(Ord. No. 91-7, § 2)

A.

Inspection. The department shall implement a procedure for periodic inspection of development work in progress to insure compliance with the development permit which authorized the activity.

B.

Minor deviations. If the work is found to have one (1) or more minor deviations the department shall amend the development order to conform to actual development. The department may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Code to the comprehensive planning and zoning board for treatment as a major deviation.

C.

Major deviations.

1.

If the work is found to have one (1) or more major deviations, the department shall:

a.

Place the matter on the next agenda of the comprehensive planning and zoning board, allowing for adequate notice, and recommend appropriate action for the board to take.

b.

Issue a stop work order and/or refuse to allow occupancy of all or part of the development if deemed necessary to protect the public interest. The order shall remain in effect until the department determines that work or occupancy may proceed pursuant to the decision of the comprehensive planning and zoning board.

c.

Refer the matter to the code enforcement board, if it appears that the developer has committed violations within the jurisdiction of the code enforcement board.

2.

The comprehensive planning and zoning board shall hold a public hearing on the matter and shall take one (1) of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e. having no or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

D.

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 91-7, § 2)

Upon completion of work authorized by a development permit or development order, and before the development is occupied, the developer shall apply to the department for a certificate of occupancy. The department shall inspect the work and issue the certificate if found to be in conformity with the permit or order.

(Ord. No. 91-7, § 2)

The code enforcement board shall enforce this Code according to the procedures set forth below.

(Ord. No. 91-7, § 2)

A.

When the building official has reason to believe that the provisions of this Code are being violated, it shall initiate enforcement proceedings. No member of the code enforcement board may initiate enforcement proceedings.

B.

The building official shall notify the alleged violator of the nature of the violations and provide a reasonable period of time to eliminate them. If the violations are not eliminated within the time specified, the department shall notify the code enforcement board and request a hearing. If a violation presents a serious threat to the public health, safety, and welfare, the department shall immediately take the case before the code enforcement board, even if the violator has not been notified.

C.

Written notice of the request for hearing and of the date, time and place of the hearing shall be sent to the alleged violator by certified mail, return receipt requested, or by personal service.

D.

After a case is set for hearing, the secretary to the code enforcement board shall issue subpoenas as requested by the department and the alleged violator. Subpoenas may be served by the police department of St. Augustine Beach. St. Augustine Beach shall pay all costs of issuing and serving up to and including four (4) subpoenas requested by any party. Should a party request more than four (4) subpoenas, that party shall pay all costs incurred in issuing and serving those in excess of four (4).

E.

At the hearings before the code enforcement board, the secretary shall read the statement of violations and request for hearing and the city and alleged violator shall present their case. Both parties may call witnesses and all witnesses shall be sworn. All testimony shall be under oath and shall be recorded. After all evidence has been submitted, the chair shall close presentation of evidence. The board shall immediately deliberate and make a decision in open session. If a decision cannot be reached in the initial meeting, the board shall adjourn and reconsider the matter as soon as possible at a time and date certain. The decision shall contain findings of fact and conclusions of law and shall state the affirmative relief granted by the board.

F.

The decision shall be announced as an oral order of the board and shall be reduced to writing within ten (10) days and mailed to all parties.

G.

The code enforcement board, upon finding a violation, shall issue an order to comply, setting a date certain for compliance, and a fine to be levied if the deadline for compliance is not met. The fine shall not exceed two hundred fifty dollars ($250.00) for each day the violation continues past the specified compliance date.

1.

The civil penalty limitation provided in section 6.03.06B.7. shall not apply to any fine imposed by the code enforcement board.

H.

After an order has been issued by the code enforcement board and a date for compliance has been set, the building official or other designated St. Augustine Beach official shall make a reinspection to determine compliance or noncompliance with the order.

I.

The inspector shall file an affidavit of compliance or noncompliance with the secretary of the code enforcement board, and a copy shall be sent to the violator by certified mail return receipt requested.

J.

If the inspector files an affidavit of compliance, the secretary to the code enforcement board shall close the file and so report to the board. If the inspector files an affidavit of noncompliance with the secretary to the code enforcement board, the board may order the violator to pay the fine as specified in the board's order.

K.

A copy of the order imposing the fine shall be mailed to the violator by certified mail, return receipt requested.

L.

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. A fine shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien, whichever occurs first. The order may be enforced, and the lien foreclosed, in accordance with Florida Statute Section 162.09.

M.

In addition to the penalties prescribed above, the code enforcement board shall:

1.

Direct the building official not to issue any subsequent development orders for the development until the violation has been corrected.

2.

Inform the violator that no further work under an existing approval may proceed until the violation has been corrected.

(Ord. No. 91-7, § 2; Ord. No. 92-7, §§ 17, 23; Ord. No. 92-18, § 1)

A.

Generally. If the department determines that the code enforcement process delineated above would be an inadequate response to a given violation, it may pursue the following penalties and remedies, as provided by law.

B.

Civil remedies. If any building or structure is erected, constructed, reconstructed, altered, repaired, or maintained or any building, structure, land, or water is used in violation of this Code, the city manager, through the St. Augustine Beach Attorney, may institute any appropriate civil action or proceedings in any court to prevent, correct, or abate the violation.

C.

Criminal penalties. Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense or whenever in this Code the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days or by both such fine and imprisonment. Each day of any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense. This section shall not apply to Article VIII, Section 8 (Sign Code), St. Augustine Beach Code of Ordinances.

(Ord. No. 91-7, § 2; Ord. No. 16-04, § 7, 7-11-16)