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2. BOARD OF ADJUSTMENT (BOA)
   USE THIS FORM TO Apply for a variance to obtain relief from the design standards of this Land Development Code (LDC) where otherwise hardship would occur. A person who is adversely affected by any administrative decision may appeal such decision to the BOA.
4. Fees

   Once application is submitted it will be reviewed for completeness. Once verified complete, an invoice will be emailed to the applicant.

   1. Residential Properties $2,500
   2. Non-Residential properties $5,000
   3. Administrative Appeals $500
6. 2023 Submission Deadlines + Board Meetings Calendar
   
8. IMPORTANT NOTES
10. Application Requirements

    1. A complete application filed at least forty-five (45) days before the date of the Board of Adjustment’s public hearing;
    2. A current signed, sealed, scaled survey of the property (no olderthan two years from date of application);
    3. Proof of ownership (copy of deed or tax statement)
    4. If applying as an agent, Owner’s Authorization for Agent Representation form must be signed/ notarized and submitted as part of the application;
    5. A detailed letter stating the reasons for the request;
    6. Materials as needed to illustrate the nature of the request, including but not limited to, site plans, architectural drawings, photographs, etc. (Site plans must be dimensioned and to scale).
12. Pre-Application Meeting

    To guide you through the process and ensure that your application is understood and properly processed, you must meet with the applicable planner prior to submitting your application. Completed Board applications are due forty-five (45) days prior to the meeting date. Cases in the historic districts or Community Redevelopment Area are heard by the Historic District Council, please use the HDC Variance Application. Cases in all other areas of the City are heard by the Board of Adjustment.

14. Please see the Land Development Code (LDC) for detailed information:

    1. Procedures for Variances – LDC Section 10.02.04.
    2. Expiration of Variance Approval – LDC Section 10.02.04(C).
    3. Appeals on a Variance – LDC Section 10.02.04(D).
    4. Appeals of Administrative Action – LDC 11.07.00
15. The LDC is available for review at
    www.fbfl.us/LDC
17. Appeals
    Any person aggrieved by any decision of the BOA regarding a variance may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within thirty (30) days after the filing of the decision at the office of the Board; otherwise, the decision of the Board shall be final.
19. Limitations on the Grant of a Variance

    1. 1. A variance shall not be granted which authorizes a use that is not permissible in the zoning district in which the property subject to the variance is located.
    2. 2. A variance shall not be granted which authorizes any use or standard that is prohibited by the City’s Comprehensive Plan.
    3. 3. No nonconforming use of adjacent lands, structures, or buildings in the same zoning district, and no permitted use of land, structures, or buildings in other zoning districts, shall be considered g
    4. 4. A variance shall not change the requirements for concurrency.
    5. 5. A variance shall not be granted to permit the use of a single media peonia for the construction of a dwelling unit.
    6. 6. A variance shall not be granted if the evidence submitted by an applicant is solely a demonstration of financial hardship or economic considerations.
    7. 7. A variance shall not be granted for procedure or process components of this Land Development Code.
    8. 8. A variance shall not be granted to deviate from LDC section 4.02.02 to combine two (2) or more lots which would result in a lot width greater than 100 feet for lots or parcels that abut Ocean Ave
    9. 9. A variance will not be granted which authorizes the filling of wetlands prohibited by Land Development Code Section 3.03.03(A)
    10. 10. No variance shall be granted to exceed the maximum building height of 35 feet for a building on any lot within 800 feet of the mean highwater line of the Atlantic Ocean under LDC Section 4.02.03(D
    11. 11. A variance shall not be granted for any residential or residential mixed-use structure to exceed the maximum building height requirements contained in Table 4.02.03(E).
    12. 12. A variance shall not be granted to exceed the minimum side yard setbacks listed in Table 4.02.03(E) for any building within 800 feet of the mean high-water mark of the Atlantic Ocean.
21. REVIEW TYPE*

    1. Variance
    2. Appeal of Administrative Decision
23. Have you met with a planner for a pre-application meeting?*
    -- Select One --YesNo
24. What was the date of your pre-application meeting?*
    What was the date of your pre-application meeting?
26. PROPERTY INFORMATION
    Property information can be found at the Nassau County Property Appraiser’s Website → Map Search
28. Site Address*
30. City*
31. State*
32. Zip*
34. Parcel ID #(s)*
36. Zoning District*
    -- Select One --C-1C-2C-3CONGC/C-2 w/PUDI-2IAIWMU-1MU-8OT-1OT-2PI-1R-1R-1GR-2R-2 w/PUDR-3R-3 w/PUDRERECW-1
37. Future Land Use Designation*
    -- Select One --8th St Mixed UseCentral Business DistrictConservationGeneral CommercialHigh Density ResidentialIndustrialIndustrial WaterfrontLow Density ResidentialMedium Density ResidentialMixed UsePublic & Semi PublicRecreationWaterfront Mixed Use
39. OWNER OF RECORD
    As recorded with the Nassau County Property Appraiser
41. First Name*
42. Last Name*
44. Company (if applicable)
46. Mailing Address*
48. City*
49. State*
50. Zip*
52. Telephone Number*
53. E-mail Address*
55. OWNER'S AGENT
    If other than owner. If an agent will be representing the owner, an Owner’s Authorization For Agent Representation form must be included
57. First Name
58. Last Name
60. Company (if applicable)
62. Mailing Address
64. City
65. State
66. Zip
68. Telephone Number
69. E-mail Address
71. PROJECT INFORMATION
73. Variance Requested from LDC Section(s)*
75. Summary of Request (more detailed information to be provided in required letter of intent)*
77. REQUIRED FINDINGS FOR A GRANT OF A VARIANCE
    In order for an application for a variance to be approved or approved with conditions, the BOA must make a positive finding with regard to each of the provisions below. The applicant has the burden of proof of demonstrating that the application for a variance complies with each of the requirements. Please explain in detail how your case meets the following requirements:
79. 1. Special Conditions: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Special conditions or circumstances do not result from actions of the applicant and are not based on a desire to reduce development costs.*
81. 2. Special Privilege: Granting the variance does not confer upon the applicant a special privilege that is denied by the Land Development Code to other lands, structures, or buildings in the same zoning district.*
83. 3. Literal Interpretation: Literal interpretation of the provisions of the Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district.*
85. 4. Minimum Variance: The variance requested is the minimum variance needed that will make possible the reasonable use of the land, structure, or building.*
87. 5. General Harmony: Granting the variance will be in harmony with the general intent and purpose of the Land Development Code and Comprehensive Plan.*
89. 6. Public Interest: Granting the variance is compatible with surrounding properties, will not cause injury to the area involved, or otherwise be detrimental to the public health, safety, welfare or environment.*
91. Upload Supplemental Materials
92. Upload 2
94. Upload 3
95. Upload 4
97. Upload 5
98. Upload 6
100. Upload 7
102. Certification*

     1. By signing below, I certify that the information contained in this application is true and correct to the best of my knowledge at the time of the application.
     2. I acknowledge that I understand and have complied with all of the submittal requirements and procedures.
104. I/We understand that the City Staff will install a Notice of Hearing sign on the property 14 days before the scheduled heating and that the sign must only be removed after the hearing by City Staff, unless, the applicant or property owner brings the Notice of Hearing back to City Hall.
106. Applicant's First Name*
107. Applicant's Last Name*
109. Today's Date*
     Today's Date
111. 
113. DEPARTMENT OF PLANNING & CONSERVATION
     204 Ash Street | Fernandina Beach, Florida 32034 | 904 310-3480 | www.fbfl.us/planning
115. Please make sure to disable pop-up blocker in order to submit.
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117. 1. Receive an email copy of this form.
118. Email address

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