HB 801

1
A bill to be entitled
2An act relating to the Ponte Vedra Zoning District, St.
3Johns County; codifying, amending, reenacting, and
4repealing special acts relating to the district; providing
5boundaries; providing for continued merger of the Ponte
6Vedra Zoning Board and the Ponte Vedra Board of Adjustment
7into the Ponte Vedra Zoning and Adjustment Board appointed
8by the St. Johns County Board of County Commissioners from
9residents and electors of the district; providing for
10membership of the Ponte Vedra Zoning and Adjustment Board;
11providing for the powers, functions, and duties of the
12board; providing that the board in place of the local
13planning agency established pursuant to chapter 163, F.S.,
14shall have the authority to make recommendations to the
15board of county commissioners in certain circumstances
16within the district; providing a location for hearings of
17the board; providing for funding; providing for frequency
18and calling of meetings by the board; providing
19severability; repealing chapters 65-2171 and 95-527, Laws
20of Florida; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Pursuant to section 189.429(1), Florida
25Statutes, this act constitutes the codification of all special
26acts relating to the Ponte Vedra Zoning District. It is the
27intent of the Legislature in enacting this law to provide a
28single, comprehensive special act charter for the district,
29including all current legislative authority granted to the
30district by its prior legislative enactment and any additional
31authority granted by this act. It is further the intent of this
32act to preserve all district powers and authority as set forth
33herein.
34     Section 2.  Chapters 65-2171 and 95-527, Laws of Florida,
35are codified, reenacted, amended, and repealed as herein
36provided.
37     Section 3.  The charter for the Ponte Vedra Zoning District
38is re-created and reenacted to read:
39     Section 1.  For the purpose of promoting health, safety,
40morals, or the general welfare of the people of the Ponte Vedra
41Zoning District, a dependent district, the Board of County
42Commissioners of St. Johns County is hereby empowered within
43said district to regulate and restrict the height, number of
44stories, and size of buildings and other structures and uses of
45land and water; the percentage of lots that may be occupied; the
46size of yards, courts, and other open spaces; building density;
47and the use of buildings and land for trade, industry, and
48residence or other specific use and to adopt zoning regulations
49and other matters proper to be regulated to safeguard the
50safety, health, and welfare of the people in said district. For
51any and all of said purposes, the Board of County Commissioners
52of St. Johns County may regulate and restrict the erection,
53construction, reconstruction, alteration, repair, or use of
54buildings and structures on land and water.
55     Section 2.  Such regulations shall be made in accordance
56with the St. Johns County Comprehensive Plan and designed to
57lessen congestion on the highways; to secure safety from fire,
58panic, and other dangers; to promote health and general welfare;
59to provide adequate light and air; to prevent the overcrowding
60of land and water; to avoid undue concentration of population;
61and to preserve and facilitate the development and display of
62the natural beauty and attractiveness of roadsides. Such
63regulations shall be made with reasonable consideration, among
64other things, of the character of said district and its peculiar
65suitability for particular uses and with a view to conserving
66the value of property and encouraging the most appropriate use
67of land and water throughout such district.
68     Section 3.  The boundaries of the Ponte Vedra Zoning
69District as established in 1965 shall continue uninterrupted and
70are:
71
72Commence at the intersection of the high water line of
73the Atlantic Ocean with the North line of Section 15,
74Township 3 South, Range 29 East, St. Johns County,
75Florida, said North line of Section 15 being also the
76Northerly boundary of St. Johns County, for the Point
77of Beginning; thence Westerly along the North Line of
78Section 15 to the Northwest corner of Section 15;
79thence continue Westerly along the North Line of
80Section 16, Township 3 South, Range 29 East to the
81Northwest corner of Government Lot 1 of said Section
8216; thence Southerly along the West line of Government
83Lots 1, 8, 9 and 16 of Section 16 to a point on the
84South line of said Section 16; thence continue
85Southerly along the West line of Government Lots 1, 7
86and 8 of Section 21, Township 3 South, Range 29 East
87to the Southwest corner of said Government Lot 8;
88thence Easterly along the South line of said
89Government Lot 8 to a point 500 feet West of the
90Southeast corner of said Government Lot 8; thence
91Southerly along a line parallel to and 500 feet West
92of the East line of Government Lot 12, Section 21 to a
93point on the South line of Section 21 ; thence
94continue Southerly along a line parallel to and 500
95feet West of the East line of Government Lot 1,
96Section 28, Township 3 South, Range 29 East to a point
97on the South line of said Government Lot 1; thence
98Easterly along the South line of said Government Lot 1
99to a point on the East line of Section 28, said line
100being also the West line of Section 27; thence
101Southerly along the West line of Government Lots 4 and
1028, Section 27, Township 3 South, Range 29 East to the
103Southwest corner of said Government Lot 8; thence
104Easterly along the South line of Government Lots 8 and
1057, Section 27 to a point on the West line of Section
10643, Township 3 South, Range 29 East; thence Northerly
107along the West line of said Section 43 to the
108Northwest corner of Section 43; thence Easterly along
109the North line of Section 43 to a point on the East
110edge of existing marsh land, said point being
111approximately 200 feet West of the West right-of-way
112line of State Road A-1-A (as established in 1965);
113thence Southerly following the East edge of existing
114marsh land when said East edge is 150 feet or more
115West of the center line of State Road A-l-A (as
116established in 1965) and following a line parallel to
117and 150 feet West of the center line of State Road A-
118l-A (as established in 1965) when the East edge of
119existing marsh land is nearer than 150 feet to the
120center line of State Road A-l-A (as established in
1211965), to a point on the South line of Section 36,
122Township 4 South, Range 29 East, St. Johns County,
123Florida; thence Easterly along the South line of said
124Section 36, Township 4 South, Range 29 East to a point
125on the high water line of the Atlantic Ocean; thence
126Northerly along the meanders of the high water line of
127the Atlantic Ocean to a point on the North line of
128Section 15, Township 3 South, Range 29 East, St. Johns
129County, Florida and the Point of Beginning.
130
131     Section 4.  The Board of County Commissioners of St. Johns
132County shall provide for the manner in which such regulations
133shall be determined, established, and enforced, and from time to
134time amended, supplemented, or changed. However, no such
135regulation or restriction shall become effective until after a
136public hearing in relation thereto, at which parties in interest
137and citizens shall have an opportunity to be heard. At least 15
138days' notice of the time and place of such hearing shall be
139published in a paper of general circulation in St. Johns County.
140     Section 5.  Such regulations may from time to time be
141amended, supplemented, changed, modified, or repealed. In case,
142however, of a protest against such change signed by the owner or
143owners of 20 percent or more, either of the area of the property
144included in such proposed change or that immediately adjacent in
145the rear thereof extending 150 feet or more therefrom, or of
146those directly opposite thereto extending 150 feet or more from
147the street or road frontage of such opposite properties, such
148amendment shall not become effective except by the favorable
149vote of a super majority of all the voting members of the board
150of county commissioners and upon its due consideration of a
151recommendation made to the board of county commissioners by a
152majority of all the members of the Ponte Vedra Zoning and
153Adjustment Board.
154     Section 6.  The prior establishment of the Ponte Vedra
155Zoning and Adjustment Board and the abolishment of the Ponte
156Vedra Zoning Board and the Ponte Vedra Board of Adjustment by
157Resolution 95-135 of the St. Johns County Board of County
158Commissioners are hereby ratified and reaffirmed.
159     Section 7.  The members of the Ponte Vedra Zoning and
160Adjustment Board shall be appointed, reappointed, or removed by
161the Board of County Commissioners of St. Johns County as
162necessary to maintain seven active members on the Ponte Vedra
163Zoning and Adjustment Board. Only qualified electors domiciled
164in the Ponte Vedra Zoning District shall be appointed to the
165Ponte Vedra Zoning and Adjustment Board.
166     Section 8.  Appointments to the Ponte Vedra Zoning and
167Adjustment Board under section 7 shall be for 4-year terms,
168unless a shorter term is required to enable the Board of County
169Commissioners of St. Johns County to ensure that no more than
170two scheduled terms expire in any given calendar year. No member
171of the Ponte Vedra Zoning and Adjustment Board shall serve more
172than two full consecutive terms. A member whose term has expired
173shall be allowed to continue to serve until said member's
174successor has been appointed and has commenced service on the
175Ponte Vedra Zoning and Adjustment Board. Members shall serve at
176the pleasure of the board of county commissioners.
177     Section 9.  The Ponte Vedra Zoning and Adjustment Board may
178as necessary adopt rules of procedure by which it shall carry
179out its duties under this act, county ordinances, and the laws
180and Constitutions of Florida and the United States of America.
181     Section 10.  The Ponte Vedra Zoning and Adjustment Board
182created pursuant to this act shall not be a local planning
183agency or land development regulation commission as referenced
184in chapter 163, Florida Statutes, with the powers and duties
185thereof except that, notwithstanding any provision of chapter
186163, Florida Statutes, the Ponte Vedra Zoning and Adjustment
187Board, in place of the St. Johns County Local Planning Agency,
188shall have authority to make recommendations to the board of
189county commissioners as to whether land development of any
190parcel of land located wholly within the Ponte Vedra Zoning
191District is consistent with the St. Johns County Comprehensive
192Plan.
193     Section 11.  The powers, duties, and functions of the Ponte
194Vedra Zoning and Adjustment Board shall also include the
195following:
196     (1)  Any land use decision, recommendation, or other action
197that is made or taken by the St. Johns County Planning and
198Zoning Agency for unified title parcels of land located wholly
199outside the Ponte Vedra Zoning District shall be made by the
200Ponte Vedra Zoning and Adjustment Board for such parcels of land
201located wholly within the Ponte Vedra Zoning District, except as
202otherwise provided for in this act or by provisions of the Ponte
203Vedra Zoning District Regulations, as amended from time to time,
204provided that:
205     (a)  Such decisions and actions shall be made by both the
206planning and zoning agency and the Ponte Vedra Zoning and
207Adjustment Board for parcels of land portions of which are
208concurrently located in both of these areas, with
209inconsistencies to be resolved by the board of county
210commissioners; and
211     (b)  The Ponte Vedra Zoning and Adjustment Board shall in
212no case be vested by county ordinance with less authority than
213that held by the planning and zoning agency in regards to lands
214under their respective jurisdictions.
215     (2)  Such other powers or duties granted by county
216ordinances or resolutions.
217     Section 12.  All quasi-judicial hearings of the Ponte Vedra
218Zoning and Adjustment Board shall be held in the county seat at
219a location designated by the county administrator.
220     Section 13.  The Ponte Vedra Zoning and Adjustment Board
221shall be provided with reasonably necessary staff support and
222funding by St. Johns County.
223     Section 14.  The Ponte Vedra Zoning and Adjustment Board
224shall hold regular monthly meetings and may hold other meetings
225at such other times as the Ponte Vedra Zoning and Adjustment
226Board may determine. The chairperson, or in his or her absence
227the vice chairperson or acting chairperson, of the Ponte Vedra
228Zoning and Adjustment Board may administer oaths and compel
229attendance of witnesses and production of evidence by subpoenas
230which may be served by the sheriff of the county. All meetings
231of the Ponte Vedra Zoning and Adjustment Board shall be open to
232the public. The Ponte Vedra Zoning and Adjustment Board shall
233keep minutes of its proceedings.
234     Section 15.  All appeals of all final actions by the Ponte
235Vedra Zoning and Adjustment Board shall be heard by the Board of
236County Commissioners of St. Johns County in a de novo hearing.
237However, the record of the hearing of the same case before the
238Ponte Vedra Zoning and Adjustment Board shall be accepted into
239evidence on appeal subject to ruling by the board of county
240commissioners on proper objection to particular portions
241thereof. Such appeals shall only be heard if a substantially
242affected party files a notice of appeal with both the Ponte
243Vedra Zoning and Adjustment Board and the board of county
244commissioners within 30 days after the final action by the Ponte
245Vedra Zoning and Adjustment Board on the matter that is to be
246appealed.
247     Section 16.  The concurring vote of a majority of the total
248membership of the Ponte Vedra Zoning and Adjustment Board shall
249be necessary to take any official action other than to continue
250or adjourn a meeting or hearing, except as provided herein.
251     Section 17.  Dissolution of the Ponte Vedra Zoning District
252or dissolution, merger, absorption, or termination of the Ponte
253Vedra Zoning and Adjustment Board may not be enacted except
254through a specific act of the Legislature.
255     Section 18.  In case any building or structure is erected,
256constructed, reconstructed, altered, repaired, converted, or
257maintained or any building or structure on land or water is used
258in violation of this act or of any order or resolution or other
259regulation made under authority conferred hereby, the proper
260local authorities of said county, including the county or state
261prosecutor, and any citizen residing in said district, in
262addition to other remedies, and after seeking voluntary
263compliance, may institute any appropriate action or proceeding
264to prevent such unlawful erection, construction, reconstruction,
265alteration, repair, conversion, maintenance, or use, to
266restrain, correct, or abate such violation to prevent the
267occupancy of said building structure on land or water or to
268prevent any illegal act, conduct, business, or use in or about
269such premises.
270     Section 19.  It is declared to be the intent of the
271Legislature that if any section, subsection, sentence, clause,
272phrase, or portion of this act is held invalid or
273unconstitutional for any reason, by any court of competent
274jurisdiction, such holding shall not affect the validity of the
275remaining portions hereof, or if this act or any provision
276thereof is held to be inapplicable to any person, group of
277persons, property, kind of property, circumstances, or set of
278circumstances, such holding shall not affect the applicability
279thereof to any other person, property, or circumstances.
280     Section 20.  The Board of County Commissioners of St. Johns
281County is hereby authorized to appropriate and pay out of the
282general fund of said county annually such sum as may be
283necessary for the purpose of defraying the expenses of zoning
284said district and administering the provisions of this act.
285     Section 21.  All provisions of this act and ordinances
286promulgated hereunder may be enforced by the county in
287accordance with the provisions of chapter 162, Florida Statutes,
288and any other applicable provisions of law.
289     Section 4.  Chapters 65-2171 and 95-527, Laws of Florida,
290are repealed.
291     Section 5.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.