JESSEI NELSON MAYOR VICKIE GAINER CITYM MANAGER KEVIN OBOS LEGALCOUNSEL CITY Op COMMISSIONERS SAMI PEEBLES PATE PERNO JAMIE WARRICK JUDY VANDERGRIFT HAVEN, LYNN HAVEN BOARD OF ADJUSTMENT THURSDAY, FEBRUARY 20, 2025, AT 5:30 P.M. WALTER T. KELLEY CHAMBERS, CITY HALL REGULAR MEETING 825 OHIO AVE AGENDA Thel Lynn Haven Board of Adjustment will consider the following request at a Regular Meeting to be held on' Thursday, February 20, 2025, at 5:30p p.m. at the' Walter' T. Kelley Chambers, City Hall, 825 Ohio Avenue, Lynn Haven, Florida. All interested people are invited to attend, or you may submit your written comments to the Board of Adjustment through thel Planning Department, 825 Ohio. Avenue, Lynn Haven, FL: 32444. 1. Call to Order 2. 3. Minutes: August 22, 2024 VAR-25-01: Obsidian ML 1,1 LLC 2301 Hwy 390 W 11669-001-000 Request Variance from Section ULDCTable5.03.0703.0700Standards for Permanent Signs 4. Adjourn IF APERSONI DECIDES TO APPEALA ANYDECISIONMADEBYTHECOMMISSIONWITERESPECTTOANY MATTER CONSIDERED ATTHISI MEETING,THEY WILLI NEED. AE RECORD OF THEP PROCEEDINGS,AND FOR SUCHI PURPOSE1 THEYMAYNEEDTOENSURETHAT,AVERBATIM RECORDOFTHEPROCEEDINGS ISI MADE, WHICHI RECORD INCLUDES THE TESTIMONY. ANDEVIDENCEUPON WHICH THEA APPEALIS *** IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT AND 286.26, FLORIDA STATUTES, PERSONS WITHDISABILITIES: NEEDING SPECIAL ACCOMMODATIONTOPARICFATEIN THISI PROCEEDINGSHOULDCONTACTTHECITYPLANNERNOLATERTERTHANTWOQDAYSPRIORTO THEE PROCEEDINGATTELEPHONE850-265-2961F FORASSISTANCE. IFHEARINGIMPAIRED,TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS, (800) 955-8771 (TDD) OR (800).955-8770 (VOICE), FOR BASED. FLORIDA STATUTE 286.010. ASSISTANCE. CITY OF LYNN HAVEN BOARD OF ADJUSTMENT SPECIAL MEETING August 22, 2024 A Special Meeting of the Lynn Haven Board of Adjustment was held on Thursday, August 22, 2024, at 5:30 p.m. at the City Hall Meeting Chambers. Present: Jerry Whitworth, Chairman Morgan Doolittle Douglas C. Pennington Aneliya Boyanov Christopher Clubbs Amanda Richard, Planning Director Vicki Harrison, Board Secretary 1. Call to Order at 5:30pm by Mr. Whitworth Second to motion: Mr. Pennington, 2. Mr. Doolittle made a motion to approve the January,18, 2024, Minutes, Onvote: Boyanov: Clubbs: Doolittle: aye Pennington: aye Whitworth:, aye aye aye approved 5-0 #3. VAR-24-01: Jarod-Noyes: 826 Florida's Avenue Request Variance from Section 6.0603C)45)8.D0 Ms.Richard stated the applicantowner is Triple A Homes, LLC Jared & Heather Noyes, who were present, are requesting a variance from Section .06.03CX15)a.D,0) ULDC Stormwater Standards as the property is unable to meet the City's Stormwater 100 year Pre-application meetings were/held for potential development of these two (2) parcels. The Applicant/Owner is requestingithat in lieu of meeting the City's 100 year Stormwater event, a Florida Development of Environmental Protection FDEP)exemption be accepted by the City. A two (2) story building is located on the property that had been converted into office and apartment rentals since it's construction in 1957, and it will now be brought up to building code. It was added onto over the years, and there was an extension built onto the back without proper permits by the previous owners, but that has since been removed by the current owners. A 2,512 sq. ft. addition is being proposed for the two (2) story building to accommodate two (2) commercial business rentals. The change of use to commercial, plus the new addition will require a development order. The decision of the variance request will determine if this proposed development can move forward as they are unable to meet the City's stormwater requirements set in Section 6.03.03(C/15)a.b.0) due to the size of the property and the water table issues. requirement, or the 25 year requirement as it was previously. Board of Adjustment August 22, 2024 Page 1 Ms. Richard stated staff had suggested amending the stormwater ordinance for Florida Avenue as the water table and construction of 100 year stormwater ponds are difficult to meet. The City Manager stated she would prefer these items to be presented to the Board of Adjustment on a case by case basis. State exemptions allows for situations like this. The Chief Infrastructure Director has reviewed the submitted geotechnical report, and site plans, and is amenable to the FDEP Exemption being accepted by the City in lieu of the City's 100 year Stormwater event Ms. Boyanov asked if there would be any flooding issues. Chief. Infrastructure Director, Mr. Baker, stated not during a normal rain event, and there is a conveyance that flows from the front to the rear of the property; this is good for the property, this is de minimis and won't create any issues, as Mr. Whitworth asked if there would be any negativé, impacts. Mr. Baker stated no, not with the Mr. Doolittle asked about the proposed square footage for the new development. Ms. Richard Mr. Noyes addressed the board and distributed information to the members regarding the history and proposed development of the property. There was discussion about the square footage Public Comments = Mr. Richard Walker addressed the board and stated his concerns for development along Florida Avenue. This will be good for the district)'and to be careful opening a Ms. Richard stated the public notices were published on the Bay County website, letters were mailed to property owners within.100 ofthe property,'and a public notice was posted on the property. No correspondence was received that opposed the variance request, and one phone call requirement if the Board of Adjustments allows this. several parcels have this same problem along Florida Avenue. history of the downtown area. stated the development order has not been submitted with the final site plan. addition that is less square footage than, the portion that was removed. pandora's box. This should be approyed as it is néeded. was received that supported the variance request. Mr. Doolittle made a motion to approve the variance request as presented, Second to motion: Mr. Clubbs, On vote: Boyanov: Clubbs: Doolittle: Pennington: aye Whitworth: aye aye aye, aye approved 5-0 Ms. Richard thanked the members for their attendance, as there can sometimes be a large gap between meetings, she appreciates their availability and dedication to meet when a variance With there being no further business or discussion, the meeting adjourned at 5:50p.m. request is received. Board of Adjustment August 22, 2024 Page 2 Jerry Whitworth, Board Chairman prepared by Vicki Harrison Board of Adjustment August 22, 2024 Page 3 CITY OF N HAVEN DEPARTMENT OF DEVELOPMENT & PLANNING 825 Ohio Avenue Lynn Haven, FL: 32444 (850)265-2121 STAFF REPORT Application for a' Variance Board of Adjustments Meeting February 20, 2025 Application Information Applicant: Owner: Agent: Project Name: Requested action: Location: Tax Roll Parcel Number: Land Use Map category: Community Redevelop. District: Size: Existing uses on the Site: Obsidian ML 1, LLC Obsidian ML 1, LLC Robert Volpe and Darrin Taylor, Holtzman' Vogel Cumberland Farms Sign Variance on Sign Height Requirements 2301 Highway 390 West 11669-001-000 Commercial No 1.69 +/- acres Gas Station Summary of Request and Background Information The applicant is requesting a variance from the requirements of the City's Unified Land Development Code, Table 5.03.07 (C)(1): Standards for Permanent Signs (attached), specifically the requirement that signs be no taller than ten feet (10ft.). Additional Information The applicant does not wish to adhere to the ten feet (10) maximum height requirement for their signs located at the gas station on the corner of Highway 390 and Jenks Avenue. This was a Tom Thumb gas station, is currently being rebranded to a Cumberland Farms gas station, and as part of this process the signage is being redesigned. The signs are currently non-conforming as they were installed prior to the amendment to the ULDC requiring that signage be a maximum height of ten feet. The existing signs are 16 ft9 in and 15 ft, with the applicant proposing the new signs be 14ft9 in and 13ft. Section 9.01.00 of the ULDC Continuation of Nonconforming Uses & Structures' states that "The lawful use of a building, structure or premises, existing at the time of the adoption of this ULDC may continue although such use does not conform to the provisions of this ULDC" and 'B' "Nothing in this chapter shall be construed to prevent the ordinary & routine maintenance & repair of nonconforming structures." However, Section 9.01.02 Expansion or Modification of Nonconforming Uses or Structures 'A' 1 states that "No existing building, structure or premises shall be changed, reconstructed, extended or structurally altered in any manner or used for any purpose not consistent with the provisions of this ULDC or any other applicable law." This means thatifa a structure is modified it loses it's nonconforming status andi is required to be brought up to current code. The applicant has stated in section III of the supporting narrative 'Summary of Why Variance Should Be Approved' that it appears that the City's sign' code violates Section 553.79(25) Florida Statutes because drivers will not be able to safely see the gasoline prices on SR 390. I was unable to find a Section 553.79(25), but F.S. Section 553.79(24)(a)2. addresses "design, construction, or location of signage advertising the retail price of gasoline" so perhaps this is the The new proposed signage keeps the gas price section of the sign in the exact same place as it is on the current sign regarding it's height with the top ofi that data section being at nine feet (9), and is within the maximum height requirement although the applicant has reduced the size of the gasoline price portion of the sign. They have a smaller data display cabinet and more space beneath while their company logo exceeds the height requirement. The second sign does not section that is being referred to and is attached. have a gas price display at all. Submitted by: Amanda Richard, AICP February 20, 2025 Attachments: Application, Arial Map, Applicant Supporting Narrative; Table 5.03.07 (C)(1): Standards for Permanent Signs; Section 9.01.00 Continuation of Nonconforming Uses & Structures'; Section 9.01.02 'Expansion or Modification of Nonconforming Uses or Structures and Section 9.02.02. 'Required Findings for a Grant ofa Variance' of the ULDC; Chapter 553.79 Florida Statutes. 2 Bay County Property Appraiser - Dan Sowell, CFA Main Office I 860W.11th St, Panama City, FL 32401 L 850-248-8401 Beach Office I 301 Richard. Jackson Blvd, Panama City Beach, FL 32407 I8 850-248-8470 Overview Legend Parcels Roads Bradford Cir Parcel ID 11669-001-000 Class Code STORES,1STORY TaxingDistrict 6 Acres (Note: Noti tobeu used onl legal documents) Owner Just Value OBSIDIANMLILC 11995ELCAMINOREAL SANDIEGO,CA92130 Value $955868 Last 2Sales Date Price Reason Qual 5/16/2023 $100 REMOVECAP U 7/30/2001 $300000 N/A MLS LYNNHAVEN 1.689 PhysicalA Address 2301HWY390W Q Maps have been compiledfromther most authenticinformation available and are to be used for asesmentpurposesonv. Bay County Property Appraiser's Office assumes NO responsibilityfor errors and/or omissions that tmay be contained herein. THIS MAPISNOTASURVEY Date created:: 2/13/2025 Last Datal Uploaded: 2/13/202520420AM. Developedbyf SCHNEIDER CITY OF N HAVEN. DEPARTMENT OF DEVELOPMENT & PLANNING ASNSN (850)248-0506 APPLICATION FOR A VARIANCE FROM THE LAND Deadline to submit is 20 days prior to the third Thursday of the month DEVELOPMENT REGULATIONS File Number 25-01 Date Received 12-20-7024 Application Information Property owner: Agent/Contact (if different): Telephone Number: Requested action: Location: Size: Obsidian ML 1, LLC 850-556-8882 Variance Robert Volpe and Darrin Taylor, Holtzman Vogel 2301 Highway 390 West 11669-001-000 1.69 acres Convenience Store Commercial Bay County Parcel Number(s) Existing uses on the site: Future Land Use Map category; Compatibility Direction North South West East Adjacent Existing Uses Vacant and Single Family Adjacent Future Land Use Mixed Use Office and Church Professional Institutional Commercial Vacant and Duplexes General Commercial Mixed Use and MDR Variance Request Specify the variance request by checking all that apply: Front yard setback from Rear yard setback from Side yard setback from feet to feet to feet to feet feet feet X Other Request variance from maximum sign height of 10 feet (see attached narrative for more information) Explain the reasons for requesting the variance SEE ATTACHED NARRATIVE Av variance must be consistent with the Unified Land Development Code Section 9.02.02 (copy attached to application) of the City ofLynn Haven. In considering variations from the terms of Section 9.02.02, the Board of Adjustment shall, before making a decision in a specific case, first determine that the proposed variation meets the following criteria. Please provide a brief, written justification explaining how each of the following criteria are being met. (1). yes Does not constitute a change in the districts shown on the land use map; will not impair an adequate supply of light and air to adjacent property; No change in use is requested. Proposed sign as modified is smaller than existing sign sO less impact - SEE ATTACHED NARRATIVE (2). yes 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 land use district. SEE ATTACHED NARRATIVE (3) yes The special conditions and circumstances do not result from the actions oft the applicant. SEE ATTACHED NARRATIVE (4yesGranting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings or structures in the same land use district. SEE ATTACHED NARRATIVE (5), yes, Literal interpretation of the provisions ofi the ordinance would deprive the applicant of rights commonly enjoyed by others in the same land use district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. SEE ATTACHED NARRATIVE (6). yesThe variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. SEE ATTACHED NARRATIVE myes The granting of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. SEE ATTACHED NARRATIVE (8). yes The granting of the variance is not based on economic Circumstance. SEE ATTACHED NARRATIVE Deed Restrictions Check the following category that applies: X This property is not bound by any subdivision covenants or deed restrictions; or This variance request does not violate any subdivision covenant or deed restriction on this property and if required, approval from the Homeowners Association This variance request is in conflict with subdivision covenants or deed restrictions on this property and a release from the developer or subdivision Homeowners isa attached; or Association is attached. Certification and Authorization Ido hereby authorize City staff to enter my property for the purpose of site inspection. do hereby authorize the plaçement of a public notice sign(s) on my property at a lhereby certify that the information submitted on this application is true and correct to location(s) to be determined by City staff. the best ofr my knowledge at the time of application. Owner's Signature' Date print) Title and Company (if applicable) 12/18/2024 Date Applicant's Signature, if not owner Darrin Taylor Applicant's Name (type or print) 7 Director of Planning, Holtzman Vogel Title and Company (ifa applicable) 'An notarized agent authorization is required if the applicant is not the owner, and the owner is allowing the applicant to act on his/her behalf. Please attach: Required Fee $600.00 Survey Location Map Deed AL Legal Description (if different from the deed) 04 6DL -09 69 1691 E 06 OEL -09 VARIANCE APPLICATION FOR CUMBERLAND FARMS RE-BRANDING SUPPORTING NARRATIVE INCLUDINGJUSTIFICATION AND SUPPORTING PLANNING ANALYSIS I. SUMMARY OF PROJECT The applicant is seeking to re-brand the Tom Thumb convenience store, located at the intersection of State Road (SR) 390 and Jenks Avenue, as Cumberland Farms. The store address is 2301 Highway 390 West which isi identified as Parcel # 11669- 001-0001 by the Bay County property appraiser. The parcel is 1.69 acres and has the appropriate land use and zoning. Attached as Exhibit 1 is al location map.. The re-branding requires the modifying of two existing signs on site. The existing sign structure will remain as is, but the cabinetry, which has the Tom Thumb logo, must be replaced. These changes are part of the national re-branding of the Tom Thumb convenience stores. The two signs are described below. Table 1: Signs Requiring Modification Sign Location Content Prices Existing Height 15ft Proposed Height 14ft9in 13ft Highway 390 Store Brand and Gasoline 16ft9in Jenks Avenue Store Brand only Modifying the sign cabinets results in a height reduction of two feet for each sign. Based on initial discussions, the City considers the cabinet replacement as new development and the sign modifications must meet thei newj permitted maximum sign height ini the City which isi ten feet. The applicant is requesting the variance to allow for the requested proposed heights shown in Table 1 above. II. APPLICANT AND AGENT INFORMATION AND APPROVAL REQUIRED Applicanv/Property Owner Agent Obsidian ML 1,LLC 11995 El Camino Real San Diego, California 92130 Robert Volpe and Darrin Taylor Holtzman Vogel, PLLC 119 South Monroe Street, Suite 500 Tallahassee, Florida 32301 Email: tyor2holtmamoxelcon 1 EXHIBITI LOCATION MAP LOCATIONMAP 690 $90 Gray I I Twalhelce Bradfordcir Badfordcir sup EXHIBIT: 2 COMPARISON OF EXISTING AND PROPOSED SIGNS Parcel Parcel ID# 11669-001-000 II. SUMMARY OF WHY VARIANCE SHOULD BE APPROVED The appliçant isre-brandingi the convenience store at 2301 Highway 390 West which includes replacing the signage from the Tom Thumb brand to Cumberland Farms. The existing sign structure will remain but the cabinet for the Tom Thumb will be replaced with Cumberland Farms. Our Firmi represents this company which develops new: stores and re-brands existing stores through-out the Southeastern United States. This current re-branding proposal (replacing the light cabinet but retaining the signposts etc.) has been determined to not be new development in other local governments since the existing sign structure remains inj place. Itist unusual for this type ofre-branding to be considered "new development." Additionally, it appears the City's new sign code violates Section 553.79(25). F.S. for signs which display gasoline prices because drivers will not be able to safely see the gasoline prices on SR390.1 Finally, there are unique site factors that impact the site and impede drivers' ability to see and respond to the signage at the lower height and those factors must be considered ift the new sign codes are applied to this proposed re-branding. We have filed this variance application because the client is eager to proceed with the Cumberland Farms re-branding. This application demonstrates that the proposed sign modifications to the existing onsite signage meets the City's variançe criteria and because: 1) the sign creates less impacts since the sign is significantly smaller than the current sign, 2) the sign is not being replaced only the sign cabinet, 3) there are unique factors on site that impede the ability of drivers to see the signs at the lower height, and 4) application ofthei new code violates Section 553.79(25), Florida Statutes. For these reasons we are asking the City to approve the re-branding ofboth signs onsite. at thel height listed: in' Table1. IV. BACKGROUND/PROJECT DETAILS AND ANALYSIS This convenience store was built in approximately 2002. The subject parcel is oddly shaped and sandwiched between SR 390 West and Jenks Avenue where Jenks Avenue wraps around the property along the northern border. There exist unique site 1. When the store was originally built both SR 390 and. Jenks Avenue were two lane roadways with open medians. Ati that time there were: fewi restrictions on traffic flow which allowed drivers to cross the open medians and provide for full turning movements into the store's parking lot from both SR 390 and Jenks Avenue, The conditions today are: far different. Both SR390a and Jenks Avenue have more than doubled in size since 2002. SR 390 is now a six lane roadway with multiple turning lanes and a concrete median restricting left turn movements in and out ofthe store 's parking lot. Jenks Avenue has also expanded from two lanes to four lanes but still has an open median. 2. The property when originally developed had to construct the stormwater factors that impact this site. These factors include the following: 2 facility at the northern site boundary along Jenks Avenue. This pushed the store, the parking lot/pumps and signage away from the intersection. Today the store's building footprint is approximately 250 feet away from the intersection. This distance wasi not a major factor when the adjacent roadways were two lanes and open medians. However, the current road configuration along with the store'sp placement away from the intersection impacts driver's The applicant is requesting toi replace the cabinets for each sign. Attached as Exhibit 2i is a graphic comparing the existing and proposed signs. The graphic clearly shows that the new signs will reduce the maximum sign height by two feet, each. Since these two signs were constructed the City ofLynn Haven has modified its sign ordinance. The City's current code restricts the maximum permitted sign height to ten feet pursuant to Chapter 5, Section 5.03.00 and Table 5.03.05(D), LDC. The modified signs would be three feet (for the. Jenks Avenue sign). and 4: ft 9 inches (for the 390 sign) higher than the new City standards even with the proposed sign reductions. The City staff has stated that the replacement of the two sign cabinets is new development and therefore a variance is necessary to replace the sign cabinets The City's position is very unusual in Florida and the Southeastern United States. Thist typec ofre-branding, which requires changing the store's name and replacing the sign cabinet, is typically considered a type of minor development where only a sign permit is required if the existing sign structure is kept. This allows national convenience store owners to rapidly change the store brand name ofits hundreds or thousands of stores without having to update signs to meet the latest sign ordinance. The City'sp position impacts the ability ofnational brands to meet their corporate logo In addition, the City's reduction in maximum sign height appears to violate Section 553.79(24), Florida Statutes. In 2020 the Florida Legislature amended the Florida Building Code to prevent any ordinance that imposes any requirement on signage advertising thei retail price ofg gasoline which "prevents the signage from being clearly visible and legible to drivers of approaching motor vehicles from a vantage point on any lane of traffic in either direction on a roadway abutting the gas station". The sign along SR 390 West at ai maximum of 10 feet results in an even lower height for the gasoline prices which impacts the ability of drivers from seeing the gasoline prices, especially those drivers traveling toward Panama City on SR390. ability to access the store. at the proposed height. and branding standards. V. SURROUNDING AREA/COMPATIBILITY All property surrounding the convenience store is approved for urban development. The leasti intense land uses are the single family residential on the northwest corner which is part of the Northshore subdivision and the Medium Density Residential to the east of the property which has been developed for many years as duplexes. Both neighborhoods were in place when the convenience store was constructed in 2002. 3 The proposed sign modifications do not impact any adjacent uses. Additionally, the existing signs are 2 to 3 feet higher than the proposed signs, sO the new signs create less impact to the surrounding area. Below is a table identifying the future and existing land uses that surround the Project. TABLE2: SUMMARY OF ADJACENT FUTURE LAND USES DIRECTION NORTH SOUTH EAST WEST FUTURE LAND USE Mixed Use EXISTING LAND USE Vacant and Single Family Vacant and Duplexes Commercial Professional and Institutional Office/Retail Strip Center and Church Mixed Use and MDR Commercial VI. CONSISTENCY WITH VARIANCE CRITERIA The proposed modifications to the existing signage as reflected in Table 1 meet the variance criteria for the City ofLynn Haven as established in Section 9.02.02, LDC. Below is an analysis of why this submittal meets the City's criteria. Criteria #1 - Does not constitute of change in the districts shown on the land use map; will not impact an adequate supply oflight and air to adjacent property. CONSISTENCY - The proposed sign modifications do not require a change in land use and will noti impact light and air to adjacent property. The proposed signs are smaller than the existing signs ont the property sO any impacts will be reduced. Criteria #2 Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, CONSISTENCY The property is sandwiched between SR 390 and Jenks Avenue. These roadways were only two lanes with open medians when the convenience store was constructed in 2002. Since that time both roadways have doubled in size with 390: now a six lane road with turn lanes and a concrete median and Jenks Avenue as a: four lane road with an open median. Additionally, the site when originally developed required the stormwater facility tol be constructed int the front oft the property. This moved thel building, parking lot and signage away from thei intersection. Today the footprint ofthel building is approximately 250f feet from the intersection. These factors impact the ability of drivers to see the site and the supporting signage and safely access the store, especially for those drivers structures, or buildings in the: same land use district. traveling toward Panama City. 4 Criteria #3 The special conditions do not result from the actions ofthe applicant. CONSISTENCY - The applicant did: not control any oft these factors. Criteria #4 - Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, buildings, or CONSISTENCY - The variance does not provide any special privilege to the applicant. The applicant is impacted by the unique onsite burdens mentioned in the analysis for Criteria #2. These factors have doubled the size of the adjacent roadways since the original store was developed and forced the building away from the intersection. Requiring the reduction of the onsite signage will significantly impact the store's advertising and the ability of the public to see the structures ini the same land use district. signage and pull into the store safely. Criteria #5 Literal interpretation oft the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by others in the same land use district under the same terms of the ordinance and would work unnecessary and undue CONSISTENCY - Criteria #5 recognizes that the City's sign code is not contextual, but rather applies a' "one-size-fits-all" height standard. Limiting signs to ten feet at this location does not take into consideration the size, location, context, or other factors that relate to how residents and citizens see and interact with signage. The literal interpretation (i.e., restricting signs to ten foot maximum height) does not consider the ability for motorists to safely see signs in this location. This change can impact the ability of drivers tol be ablei to see the signage and safely react in time to turn into the store. This was not an issue for this site when SR 390 and Jenks Avenue were two lane roads. Now with the roadway expansion and closed median the reduced signage exacerbates the ability of drivers hardship on the applicant. to make decisions where and when to turn into the store. Criteria #6 The variance granted. is the minimum variance that will make possible CONSISTENCY - The requested variance will still result in a height reduction of the existing signage by two feet, each, and will ensure that any impacts by the proposed modifications are less than the impacts allowed today. the reasonable use of the land, building or structure. Criteria #7- The granting oft the variance will be inl harmony with the general intent and purpose oft the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 5 CONSISTENCY - The proposed sign modifications will further the City's goals tor reduce the overall height of signs onsite but not to the level that violates Florida Statutes. Criteria #8 - The granting oft the variance is not based on economic circumstance. CONSISTENCY - Economic circumstances are not thel basis of this request. VI. CONCLUSION The proposed sign modifications as reflected in Table 1 result in less impacts than the current signage. When compared to the City's new sign standards, the proposed modifications are a safer option for the drivers that are accessing the convenience store due to the unique site conditions and ensure consistency with the Florida Statutes. This application demonstrates the consistency of our proposal with the City'srequirements fora a variance as explained in Section VI oft this analysis. Below isa summary of the distinct reasons raised in this analysis which more than justify 1. This application is the result ofar national re-branding ofTom Thumb stores. Quick re-branding ofs stores is needed by national businesses, which is also a position that local governments commonly support. Requiring signage to meet new code requirements as part ofare-branding effort hinders the ability of businesses to rapidly change brands. Based on our experience working 2. Florida Statutes is clear that sign height is a significant public factor in ensuring safe roadways, especially regarding the retail price of gasoline. Provisions which reduce the ability of drivers to see the retail price of 3. The proposed sign modifications reduce the maximum height by two feet which furthers the City's goal to reduce the height of signs while also recognizing that the signs are not being replaced. The existing signage structure remains except for the sign cabinet which has the Tom' Thumb logo. 4. The convenience store was originally surrounded by two lane roads when constructed in 2002. Today SR: 390: and. Jenks. Avenue have exploded into six and four lane major roadways with multiple turn lanes and closed medians. These changes impact the ability of drivers to see, react and turn into the establishment. The current sign height helps to mitigate these changes by giving drivers more time to see and react. Reducing the signage height serves 5. The building footprint, parking lot and pumps have been placed more than 200 feet from the intersection due to the onsite stormwater facilities and the site conditions. The existing signage is also pushed away from the roadway. Reducing the height oft the onsite signage exacerbates this issue. 6. The requested variance is based on factors that have not been created by the the need for the variance approval. with many local governments this is standard practice. gasoline is prohibited by the Florida Building Code. too obstruct the signage for drivers. applicant and are unique to the site. 6 2/13/25, 12:19F PM Lynn! Haven, FL Code of Ordinances 5.03.07- Design Standards for All Permanent Signs A. Generally All permanent signs shall comply with the design, construction and location standards in this section. B. Placement standards 1. Abuilding sign shall project no more than four (4) feet perpendicularly from the surface to 2. The combined area of permanent and temporary: signs placed on or behind windows shall not exceed twenty-five (25) percent of the total window area at the same floor level ont the 3. Signs located within a clear visibility triangle shall conform to the requirements of Section 4. Supports for signs or sign structures shall not be placed in or upon a public right-of-way orp public easement, except under the terms of a lease between the owner oft the which it is attached. side oft thel building or unit upon which the signs are displayed. 6.05.04. easement or right-of-way and the owner oft the sign. 5. No ground sign shall project over a public right-of-way. 6. All signs over pedestrian ways shall provide a minimum of seven and one-half (71) feet of 7. All signs over vehicular ways shall provide a minimum of thirteen and one-half (131) feet 8. Ab building sign shall not extend beyond any edge oft the surface to which iti is attached, nor clearance. of clearance. disrupt a major architectural feature of the building. S Size, number, and spacing for permanent on-site signs 1. Ground signs The permissible number, area, spacing, and height of permanent accessory ground signs for each multiple occupancy complex and each occupant not located in a multiple occupancy complex shall be determined according to the following tables: Table 5.03.07(C)1). Standards for Permanent Signs. Sign Number, Area, Spacing, and Height about:blank 1/3 2/13/25, 12:19F PM Lynn Haven, FLCode of Ordinances Frontage Number ona Public Right-of- Way (feet) Total Sign Area (sq.ft.) Maximum Minimum Minimum Maximum ofs Signs Allowed SignArea for Individual Signs (sq.ft.) Distance from Side Property distance from other sign on site (feet) N/A Height (feet) Line (feet) permanent Less than 1 50 50-99.9 100-199.9 1 200-299.9 1 300-399.9 2 400 or more 24 24 10 10 1 32 70 70 72 96 32 70 70 72 96 15 20 50 50 50 N/A N/A N/A 100 100 10 10 10 10 10 3 2. Building signs shall comply with the standards in the following table: Table. 5.03.07(C)(2). Building Sign Size, Height, and Number. Multiple Occupancy Complexes or Building 1 Single Occupancy Structure Per Building Side Standard Per Building Side Per Occupant about:blank 2/3 2/13/25, 12:19F PM Total Sign Area Lynn! Haven, FL Code of Ordinances 10% of each facade 20% of each facade 20% of each facade area; or 200s.f., whichever iss smaller area; or, 200s.f., whichever iss smaller area; or 200s.f., whichever iss smaller Number of Signs Maximum Height Building height up to 20ft. Building height between 21 ft. and 100ft. 1 3 3 18ft. As single building sign is allowed above eighteen (18) feet on each side of the building Building signs for multiple occupancy complexes constructed or remodeled after December 11, 1990, shall conform to an approved sign format. (Ord.No.1139 51,1 10-25-22) about:blank 3/3 2/13/25, 12:20PM Lynn Haven, FLG Code of Ordinances 9.01.01 -Continuation of Nonconforming Uses and Structures The lawful use of al building, structure or premises, existing at the time oft the adoption of this ULDC, may continue although such use does not conform to the provisions of this ULDC. A. Subject to the provisions in Section 9.01.00, the use ofl land or buildings existing on the date ofe enactment of this ULDC shall be allowed to continue, ifs such usei is otherwise lawful. B. Nothing in this chapter shall be construed to prevent the ordinary and routine maintenance E Existingprohibited land uses within the wellhead protection area shall be considered and repair of nonconforming structures. nonconforming uses as established in Section 3.03.02. 9.01.02 - Expansion or Modification of Nonconforming Uses or Structures A Noexisting building, structure or premises shall be changed.reconstructe. extended or structurally altered in any manner or used for any purpose not consistent with the provisions B. Such nonconforming use shall not be enlarged, increased or extended or occupy a greater Ifsuch nonconforming use shall be discontinued for a continuous period of one hundred eighty(180) days, everyfuture use of such premises shall bei in conformity with the provisions D. Anonconforming structure may be repaired when such structure is partially destroyed or damaged, provided that the costs of repair or replacement are less than fifty (50) percent of the value oft the structure, based on the appraised value as assessed by the County Property E.A Any nonconforming building or structure, which has been destroyed fifty (50) percent or more by fire, explosion, or the public enemy, may not be continued, except in conformity with this F. Any nonconforming building or structure, which has been destroyed fifty (50) percent or more by an act of God may be rebuilt to the same footprint and aesthetics as prior to the act of God sO long as such is completed in conformance with the Florida Building Code, all other Municipal, County, State, and Federal laws as well as in compliance with all State and Federal administrative rules and regulations.. Any nonconforming building or structure which has been destroyed fifty (50) percent or more by an act of God which is not rebuilt to the same footprint and aesthetics shall be completed in conformance with the existing and most recent ULDC. It shall be the responsibility of the owner of the nonconforming building or structure to show that reconstruction is to be completed as to the: same footprint and aesthetics. ofthis ULDC or any other applicable law. area of land than at the time of the adoption oft this ULDC. oft this ULDC. Appraiser. ULDC. about:blank 1/2 2/13/25, 12:20PM Lynn Haven, FLCode of Ordinances G. Where the nonconformity is solely due to either the impervious surface ratio or the stormwater management system, structural additions may be made under the following 1. The proposed addition is less than twenty (20) percent oft the existing square footage, or conditions: less than five hundred (500): square feet, whichever is less; 2. The addition is not within the required setbacks or buffers; 3. No additional off-site discharge of stormwater is created; and 4. No additional parking spaces are required. (Ord. No. 1070.51,1-22-19) about:blank 2/2 2/13/25, 12:20P PM Lynni Haven, FL Code of Ordinances 9.02.02 Required Findings for a Grant of Variance Inc considering variations from the terms of this ULDC, the grant ofa a variance shall be based on an affirmative response for each of the following: Table 9.02.02 Findings for Grant of a' Variance. Variance Findings A. The proposed variation does not constitute a change in the districts shown on the Official Land Use Map; B. 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 land use district; C. The special conditions and circumstances do not result from the actions of the applicant; D. Granting the variance requested will not confer on the applicant any special privilege that isdenied by the ULDC to other lands, buildings, or structures in the same land use district; E. Literal interpretation of the provisions of the ULDC would deprive the applicant of rights commonly enjoyed by others in the same land use district under the terms of the ULDC and would work unnecessary and undue hardship on the applicant; F. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; G. The grant of the variance will be in harmony with the general intent and purpose of this ULDC and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare; H. Isnot based on economic circumstances; and I. That the variance, if granted, is based on the findings required by this section. about:blank 1/2 2/13/25, 12:20F PM Lynn Haven, FLC Code of Ordinances about:blank 2/2 2/13/25, 12:00F PM Statutes & Constitution: View Statutes: : Online Sunshine Select Year: 2024 V Go The 2024 Florida Statutes TitleXXXII AND: SOLICITATIONS Chapter553 STANDARDS View Entire Chapter REGULATION OF TRADE, COMMERCE, INVESTMENTS, BUILDING CONSTRUCTION 553.79 Permits; applications; issuance; inspections.- (1)(a) After the effective date of the Florida Building Code adopted as herein provided, it: shall be unlawful for any person, firm, corporation, or governmental. entity to construct, erect, alter, modify, repair, or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of the authorized state or local enforcing agency, be delegated authority to issue such permits, upon the payment of such reasonable fees adopted by the enforcing agency. The enforcing agency is empowered to revoke any such permit upon a determination by the agency that the construction, erection, alteration, modification, repair, or demolition of thel building for which the permit was issued is in violation of, or not in conformity with, the provisions of the Florida Building Code. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. Ap plans reviewer or building code administrator who is responsible for issuing a denial, revocation, or modification request but fails to provide to the permit applicant a reason for denying, revoking, or requesting ai modification, based on compliance with the Florida Building Code or local ordinance, is subject to disciplinary action against his or her license pursuant to S. 468.621(1)0). Installation, replacement, removal, or metering of any load management control device is exempt from and shall not be subject (b) Alocal enforcement agency shall post each type of building permit application, including a list of all required attachments, drawings, or other requirements for each type of application, on its website. Al local enforcement agency must post and update the status of every received application on its website until the issuance of the building permit. Completed applications, including payments, attachments, drawings, or other requirements or parts of the completed permit application, must be able to be submitted electronically to the appropriate building department. Accepted methods of electronic submission include, but are not limited to, e-mail submission of appliçations in Portable Document Format or submission of applications through an electronic fill-in form available on the building department's website or through a third-party submission management software. Completed applications, including payments, attachments, drawings, or other requirements or parts of the completed permit application, may also be submitted in person in a nonelectronic format, at the discretion of the (c) Alocal government that issues building permits may send a written notice of expiration, by e-mail or United States Postal Service, to the owner of the property and the contractor listed on the permit, no less than 30 days before al building permit is set to expire. The written notice must identify the permit that is set to expire and the (d) Alocal enforcement agency must allow requests for inspections to be submitted electronically to the local enforcement agency's appropriate building department. Acceptable methods of electronic submission include, but are not limited to, e-mail or fill-in form available on the website of the building department or through a third- mwlegasuadusauresindexcdhmfmode-vew SlauessubMenu-IaAPipw,SansTyONpinsaAURL-00D.. 1/8 to the permit process and fees otherwise required by this section. building official. date the permit will expire. 2/13/25, 12:00P PM Statutes & Constitution: View Statutes: Online Sunshine party submission management software or application that can be downloaded on a mobile device. Requests for inspections may be submitted in a nonelectronic format, at the discretion of the building official. (e) Alocal enforcement agency must post its procedures for processing, reviewing, and approving submitted (f) Al local government may not require a contract between al builder and an owner for the issuance ofa (2)(a)1. Except as provided in subsection (8), an enforcing agency may not issue any permit for construction, erection, alteration, modification, repair, or demolition of any building or structure until the local building code administrator or inspector has reviewed the plans and specifications required by the Florida Building Code, or local amendment thereto, for such proposal and found the plans to be in compliance with the Florida Building Code. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. If the building code administrator, plans examiner, or inspector requests another local enforcing agency employee or a person contracted by the local enforcing agency to review the plans and that employee or person identifies specific plan features that do not comply with the applicable codes, the building code administrator;, plans examiner, or inspector must provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit 2. An enforcing agency may not issue any permit for construction, erection, alteration, modification, repair, or demolition of any building until the appropriate firesafety inspector certified pursuant to S. 633.216 has reviewed the plans and specifications required by the Florida Building Code, or local amendment thereto, for: such proposal and found that the plans comply with the Florida Fire Prevention Code and the Life Safety Code. Any building or structure which is not subject to ai firesafety code shall not be required to have its plans reviewed by the firesafety 3. Any building or structure that is exempt from the local building permit process may not be required to have its plans reviewed by the local building code administrator. Industrial construction on sites where design, construction, and firesafety are supervised by appropriate design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to local government option, from review of plans and inspections, providing owners certify that applicable codes and standards have been met and supply 4. The enforcing agency shall issue aj permit to construct, erect, alter, modify, repair, or demolish any building ors structure when the plans and specifications for such proposal comply with the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code as determined by the local authority in accordance with this (b) After the local enforcing agency issues a permit, the local enforcing agency may not make or require any substantive changes to the plans or specifications except changes required for compliance with the Florida Building Code, the Florida Firel Prevention Code, or the Life Safety Code, or local amendments thereto. Ifal loçal enforcing agency makes or requires substantive changes to the plans or specifications after a permit is issued, the local enforcing agency must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide thei information to the (c)1. Aplans examiner or inspector who fails to provide the building code administrator with the reasons for making or requiring substantive changes to the plans or specifications is subject to disciplinary action against his or 2. Abuilding code administrator who fails to provide a permit applicant or permitholder with the reasons for making or requiring substantive changes to the plans or specifications is subject to disciplinary action against his or wlegstae-lusautesinexdimmode-ve. SiatutesaSubMenu-18APp.mode-DsplySameiSearn.sChaplers. 2/8 building permit applications on its website. building permit or as a requirement for the submission of a building permit application. applicant. inspector. appropriate approved drawings to local building and firesafety inspectors. chapter and chapter 633. permitholder in writing. her certificate under S. 468.621(1)(). her certificate under: S. 468.621(1)0). 2/13/25, 12:00F PM Statutes & Constitution View Statutes: : Online Sunshine (3) Except as provided in this chapter, the Florida Building Code, after the effective date of adoption pursuant to the provisions of this part, shall supersede all other building construction codes or ordinances in the state, whether at the local or state level and whether adopted by administrative regulation or by legislative enactment. However, this subsection does not apply to the construction of manufactured homes as defined by federal law. Nothing contained in this subsection shall be construed as nullifying or divesting appropriate state or local agencies of authority to make inspections or to enforce the codes within their respective areas of jurisdiction. (4) The Florida Building Code, after the effective date of adoption pursuant to the provisions of this part, may be modified by local governments to require more: stringent standards than those specified in the Florida Building (5)(a) During new construction or during repair or restoration projects in which the structural system or structural loading of al building is being modified, the enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be: submitted to and approved by the enforcing agency before thei issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. The special inspector shall determine that aj professional engineer who specializes in: shoring design has inspected the shoring and reshoring for conformance with the: shoring and reshoring plans submitted to the enforcing agency. A1 fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories: criteria which would result in classification as a threshold building under: S. 553.71(12), may designate such building as a threshold building, subject to more than the minimum number of inspections required (b) The fee owner of a threshold building shall: select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed, or registered under chapter 471 as an engineer or under chapter 481 as an architect. (c) The architect or engineer of record may act as the special inspector provided she or he is on the Board of Professional. Engineers' or the Board of Architecture and Interior Design's list of persons qualified tol be special inspectors. School boards may utilize employees as special inspectors provided such employees are on one of the (d) The licensed architect or registered engineer serving as the special inspector shall be permitted to send her or his duly authorized representative to the job site to perform the necessary inspections provided all required written reports are prepared by and bear the seal of the special inspector and are submitted to the enforcement (6) Astate or local enforcement agency may perform virtual inspections at the discretion of the enforcement agency. However, a: state or local enforcement agency may not perform virtual inspections for structural inspections onat threshold building. For purposes of this subsection, thet term "virtual inspection" means a form of visual inspection which uses visual or electronic aids to allow al building code administrator or an inspector, or team of inspectors, to perform an inspection without having to be physically present at the job site during the inspection. (7)(a) Al local enforcement agency must refund 10 percent of the permit and inspection fees to aj permitholder 1. Thei inspector or building code administrator determines that the work, which requires the permit, fails an 2. Thei inspector or building code administrator fails to provide, within 51 business days after the inspection, the permitholder or his or her agent with a reason, based on compliance with the Florida Building Code, Florida Fire (b) Ifany permit andi inspection fees are refunded under paragraph (a), the surcharges provided ins S. 468.631 or $.553.721 must be recalculated based on the amount of the permit and inspection fees after the refund. w.gaselusswunsimndeaxdimmode-view Siatuss.bMem-IaA9p.marDapw,Sauassam.sinydwparSaAURL-000.. 3/8 Code, provided the conditions of: S. 553.73(4) are met. by the Florida Building Code. professional licensing board's list of persons qualified to be special inspectors. agency. if: inspection; and Prevention Code, or local ordinance, for why the work failed the inspection. 2/13/25, 12:00PM Statutes & Constitution View Statutes: Online Sunshine (8) Ap permit may not bei issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit complies with the requirements for plan review established by the Florida Building Commission within the Florida Building Code. However, the code shall set standards and criteria to authorize preliminary construction before completion of all building plans review, including, but not limited to, special permits for the foundation only, and such standards shall take effect concurrent with the first effective date of the Florida Building Code. After submittal of the appropriate construction documents, the building official mayi issue a permit for the construction of foundations or any other part of al building or structure before the construction documents for the entire building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk and without assurance that aj permit for the entire structure will be granted. Corrections may be required to meet the requirements of the (a) The special inspector, upon completion of the building and prior to thei issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: To the best of my knowledge and belief, the construction of all structural load-bearing components described in the threshold inspection plan complies with the permitted documents, and the specialty shoring design professional engineer has ascertained that the shoring and reshoring conforms with the shoring and reshoring plans submitted to (b) Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's (c) All shoring and reshoring procedures, plans, and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to bei in (d) ALL plans for the building which are required tol be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable firesafety standards as determined by the (10) No enforcing agency may issue al building permit for construction of any threshold building except to a licensed general contractor, as defined in S. 489.105(3)(a), or to a licensed building contractor, as defined in: S. 489.105(3)(b), within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management, and control of the construction activities on (11) Any state agency whose enabling legislation authorizes it to enforce provisions of the Florida Building Code may enter into an agreement with any other unit of government to delegate its responsibility to enforce those provisions and may expend public funds for permit and inspection fees, which fees may be no greater than the fees charged others. Inspection services that are not required to be performed by a state agency under ai federal delegation of responsibility or by a state agency under the Florida Building Code must be performed under the alternative plans review and inspection process created in S. 553.791 or by; al local governmental. entity having (12) An enforcing authority may noti issue a building permit for any building construction, erection, alteration, modification, repair, or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal (13) The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to 5. 514.031. Acertificate of completion or occupancy may not bei issued until such operating permit isi issued. The wigsieuasatuesnsmdexdhfmoe-view SHauessubMeu-18Aop.marDapw,SaLaaSaeASimyChperss3/RAURL-OSPD.. 4/8 technical codes. (9) Each enforcement agency shall require that, on every threshold building: the enforcement agency. recorded set of permit documents. compliance with the: shoring documents by the contractor. local authority in accordance with this chapter and chapter 633. the project for which the building permit was issued. authority to enforce the Florida Building Code. agencies." 2/13/25, 12:00 PM Statutes & Constitution :View Statutes: : Online Sunshine local enforcing agency shall conduct its review of the building permit application upon filing and in accordance with this chapter. The local enforcing agency may confer with the Department of Health, if necessary but may not delay the building permit application review while awaiting comment from the Department of Health. (14) Nothing in this section shall be construed to alter or supplement the provisions of parti of this chapter (15) One-family and two-family detached residential dwelling units are not subject to plan review by the local fire official as described in this section or inspection by the local fire official as described in S. 633.216, unless (16)(a) A property owner, regardless of whether the property owner is the one listed on the application for the 1. The property owner may retain the original contractor listed on the permit or hire a different contractor appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and to obtain any necessary inspections in order to close the permit. If a contractor other than the original contractor listed on the permit is hired by the property owner to close the permit, such contractor is not liable for any defects in the work performed by the original contractor and is only liable for the work that he or she performs. 2. The property owner may assume the role of an owner-builder, in accordance with 5S. 489.103(7) and 3. For purposes of this section, the term "close" means that the requirements of the permit have been (b) Ifab building permit is expired andi its requirements have been substantially completed, as determined by the local enforcement agency, the permit may be closed without having to obtain a new building permit, and the work required to close the permit may be done pursuant to the building code in effect at the time the local enforcement agency received the application for the permit, unless the contractor has sought and received approval from the local enforcement agency for an alternative material, design, or method of construction. (c) Alocal enforcement agency may close al building permit 61 years after the issuance of the permit, even in the absence of ai final inspection, if the local enforcement agency determines that no apparent safety hazards (17)(a) Alocal enforcement agency may not deny issuance of a building permit to; issue a notice of violation to; or fine, penalize, sanction, or assess fees against an arms-length purchaser of a property for value solely because a building permit applied for by a previous owner of the property was not closed. The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed on the permit. (b) The local enforcement agency may not deny issuance of al building permit to a contractor solely because the (18) Certifications by contractors authorized under the provisions of S. 489.115(4)(b) shall be considered equivalent to sealed plans and specifications by a person licensed under chapter 471 or chapter 481 by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind resistance provisions of the code or alternate methodologies approved by the commission for one and two family dwellings. Local enforcement agencies may rely upon: such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under chapter 471, chapter 481, or chapter 489. At truss-placement plan is not required to be signed and sealed by an engineer or architect unless (19)(a) The Floridal Building Commission shall establish, within the Florida Building Code adopted by rule, standards for permitting residential buildings or structures moved into or within a county or municipality when such structures do not or cannot comply with the code. However, such buildings or structures shall not be required to be brought into compliance with the building code in force at the time the building or: structure is moved, provided: 1. The building or structure is structurally sound andi in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; relating to manufactured buildings. expressly made subject to the plan review or inspection by local ordinance. building permit, may close al building permit by complying with the following requirements: 489.503(6). satisfied. exist. contractor is listed on other building permits that were not closed. prepared by an engineer or architect or specifically required by the Florida Building Code. 3. The building is not: substantially remodeled; wgsaefusauasinsimndeadimmode-ve Statutes8SubMenu-1aApp.moe-Dspwy/.SmalueiSearc.slng-Chapter6sans553798URL-0500-. 5/8 2/13/25, 12:00F PM Statutes & Constitution View Statutes: : Online Sunshine 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas, and plumbing systems meet the codes in force at the time of construction and are 6. Foundation plans are: sealed by a professional engineer or architect licensed to practice in this state, if required by the building code for all residential buildings or structures of the same occupancy class; (b) The building official shall apply the: same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or: structure to determine whether the moved structure is substantially remodeled. The cost of moving the building and the cost of the foundation on which the moved building or structure is placed shall not bei included in the cost of remodeling for purposes of determining (20) Notwithstanding any other provision of law, state agencies responsible for the construction, erection, alteration, modification, repair, or demolition of public buildings, or the regulation of public and private buildings, structures, and facilities, shall be subject to enforcement of the Florida Building Code by local jurisdictions. This subsection applies in addition to the jurisdiction and authority of the Department of Financial Services to inspect state-owned buildings. This subsection does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect (21)(a) Alocal enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of al building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is 1. Asubstantial improvement as defined in: S. 161.54 or as defined in the Florida Building Code. 3. Aconversion from residential to nonresidential or mixed use pursuant to $. 553.50Z(3) or as defined in the (c) This subsection does not prohibit al local enforcing agency, or any local building code administrator, 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection 2. Inspecting a physically nonadjacent portion of al building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of al building, structure, or real property pursuant to an inspection warrant issued in (d) This subsection is repealed upon receipt by the Secretary of State of the written certification by the chair of the Florida Building Commission that the commission has adopted an amendment to the Florida Building Code which substantially incorporates this subsection, including the prohibition in paragraph (a), as part of the code and (22) Ifa an assessment of a new building's interior radio coverage and signal strength under the Florida Fire Prevention Code determines that installation of a two-way radio communication enhancement system is required, a contractor having the appropriate license issued by the department must submit a design to the local authority having jurisdiction for at two-way radio communication enhancement system to correct noncompliant radio coverage. The local authority having jurisdiction may not withhold issuance of a temporary certificate of occupancy www.leg.s state.ussatulesindexcm,moderVew SHaMvsSusNenuelaPp.rDApw/SaNaChganersaPAURL-OCP.. 6/8 operational and: safe for reconnection; and whether a moved building or structure has been substantially remodeled. state-owned buildings and boilers. sought. (b) This subsection does not apply to a building permit sought for: 2. Achange of occupancy as defined in the Florida Building Code. 4. Ahistoric building as defined in the Florida Building Code. Florida Building Code. inspector, or other official or entity, from: conducted in accordance with the prohibition in paragraph (a). accordance with: SS. 933.20-933.30. such amendment has taken effect. 2/13/25, 12:00F PM Statutes & Constitution :View Statutes: Online Sunshine for the building based solely on the need for at two-way radio communication enhancement system. Upon approval of the design by the local authority having jurisdiction, the jurisdiction must require thei installation of the two-way radio communication enhancement system within 12 months after the issuance of a temporary certificate of occupancy. An extension for at temporary certificate of occupancy may not be unnecessarily withheld. (23) For the purpose of inspection and record retention, site plans or building permits may be maintained in the original form or in thei form of an electronic copy at the worksite. These plans and permits must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code. (24)(a). Aj political subdivision of this state may not adopt or enforce any ordinance or impose any building 1Contains any building, construction, or aesthetic requirement or condition that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards, or other features of corporate branding identity on real property or improvements thereon used in activities conducted under chapter 526 or in carrying out business activities defined as a franchise by Federal Trade Imposes any requirement on the design, construction, or location of signage advertising the retail price of gasoline in accordance with the requirements of 55. 526.111 and 526.121 which prevents the signage from being clearly visible and legible to drivers of approaching motor vehicles from a vantage point on any lane oft traffic in either direction on a roadway abutting the gas station premises and meets height, width, and spacing standards for Series C, D, or Es signs, as applicable, published in the latest edition of Standard Alphabets for Highway Signs published by the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety. (b) This subsection does not affect any requirement: for design and construction in the Florida Building Code. (c) All such ordinances and requirements are hereby preempted and superseded by general law. This subsection (25)(a) Alocal law, ordinance, or regulation may not prohibit or otherwise restrict the ability of a private property owner to obtain al building permit to demolish his or her single-family residential structure located ina a coastal high-hazard area, moderate flood zone, or: special flood hazard area according to al Flood Insurance Rate Map issued by the Federal Emergency Management Agency for the purpose of participating in the National Flood Insurance Program if the lowest finished floor elevation of such: structure is at or below base flood elevation as established by the Florida Building Code or a higher base flood elevation as may be required by local ordinance, whichever is higher, provided that such permit otherwise complies with all applicable Florida Building Code, Florida (b) An application for a demolition permit sought under this subsection may only be reviewed administratively for compliance with the Florida Building Code, the Florida Fire Prevention Code, and the Life Safety Code, or local amendments thereto, and any regulations applicable to a similarly situated parcel. Applications may not be subject to any additional local land development regulations or public hearings. Al local government may not penalize a (c) Ifasi single-family residential structure is demolished pursuant to a demolition permit, a local government may not impose additional regulatory or building requirements on the new single-family residential structure constructed on the site of the demolished structure which would not otherwise be applicable to a similarly situated permit or other development order requirement that: Commission regulations in 16 C.ER. SS. 436.1, et. seq.; or shall apply retroactively. (d) This subsection does not apply to property located in a designated historic district. Fire Prevention Code, and Life Safety Code requirements, or local amendments thereto. private property owner for a demolition that is in compliance with the demolition permit. vacant parcel. (d) This subsection does not apply to any of the following: 1. Astructure designated on the National Register of Historic Places. governmental agency on or before January 1, 2022. 2. Al privately owned single-family residential structure designated historic by a local, state, or federal 3. Ap privately owned single-family residential structure designated historic after January 1, 2022, by a local, History.-s. 10, ch. 74-167;5.4 4, ch. 77-365; S. 10, ch. 83-160; S.1 1, ch. 83-352; s.Z, ch. 84-24; 5.3, ch. 84-365; S.2, ch. 85-97;5.2,ch. 86-135;s.2 2, ch. 87-287;s. 5, ch. 87-349;5. 2, ch. 88-142;5.1 1, ch. 88-378;5.1 1, ch. 91-7;5.4, ch. 93-249; $5. 57, 260, ch. 94-119;5.7,ch. igasiaelusaluiesinesmdexdtmmode-ve SHauesunenurIaApmarDlp/SanasetASimgPChperssaRAURL-OS00. 7/8 state, or federal governmental agency with the consent of its owner. 2/13/25, 12:00PM Statutes & Constitution View Statutes: Online Sunshine 94-284; S. 461, ch. 94-356;5.72, ch. 95-144; s.2, ch. 95-379;5.1 14, ch. 96-298; S. 73, ch. 96-388; S. 1175, ch. 97-103; S5. 48, 49, ch. 98- 287; 55. 82,83,84,135, ch. 2000-141;55. 27,34,35,37,ch.2 2001-186; 55. 2,3,4,6, ch. 2001-372;5. 666, ch. 2003-261; 5. 10, ch. 2005- 147;. 36, ch. 2010-176; 5. 1, ch. 2011-82; S. 73, ch. 2012-5; 5. 15, ch. 2012-13;5. 150, ch. 2013-183;S. 16, ch. 2013-193; S.1 126, ch. 2014- 17;s.22, ch.2014-154; 55. 19,39, ch.2016-129; S. 36, ch. 2017-3;5. 3, ch. 2017-149; $.5, ch. 2019-75;S.11, ch. 2019-86; S. 131, ch. 2020-2; 5. 15, ch. 2021-25;5.3 3, ch. 2021-201;5.2, ch. 2021-212; 5. 4, ch. 2021-224; s.3, ch. 2022-136;5.1 1, ch. 2023-229;5.1,ch. 2023- 296; S. 227, ch. 2024-6;5.3, ch. 2024-191. Copyright 01 1995-2025 The Florida Legislature * Privacys Statement * Contact Us wegstieusatsaindaxemimo-vew Slautessubhemu-I8Aop.marDipw,SamassmgCnperssa/PAURL-000.. 8/8 CUMBERLAND FARMS RE-BRANDING VARIANCE APPLICATIONFOR TWO SIGN MODIFICATIONS Prepared For: Obsidian ML 1,L LLC 11995. El Camino Real San Diego, California 92130 Prepared By: HOLTZMAN VOGEL, PLLC 119SOUTH! MONROE, SUITE 500 TALLAHASSEE, FLORIDA. 32301 DECEMBER 2024