Required Documents

• BOA
• Agent Affidavit
• Public Notice Form

View 2026 Application Deadlines Schedule

Variance Criteria

In order for a variance or appeal to be granted, the following criteria must be met:

• Special conditions and circumstances exist that are specific to the land, structure, or building involved and are not applicable to other properties in the same zoning district.
• The special conditions and circumstances do not result from the actions of the applicant.
• Granting the variance will not give the applicant a special privilege denied to other lands, buildings, or structures in the same zoning district.
• A literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would create unnecessary and undue hardship.
• The variance granted is the minimum variance necessary to allow reasonable use of the land, building, or structure.
• Granting the variance will be in harmony with the general intent and purpose of the ordinance and will not be injurious to the area or detrimental to public welfare.

See Ordinance 82-45, Section 30, Paragraph 5.c.(1).

Instructions for Filing a Variance

A. An application may be filed by the property owner or an authorized agent at the Clay County Zoning Office, located on the third floor of the Clay County Administration Building in Green Cove Springs. Applications must be filed at least 30 days prior to the public hearing by the Board of Adjustment.

Applications may also be faxed, emailed, or mailed upon request. Please contact the Planning and Zoning Division at (904) 278-4705 to request an application. A copy of the application and affidavits may also be downloaded from this page.

B. The applicant shall complete and sign the application and ownership affidavit. If an agent signs the application instead of the property owner, the agent must provide an agent authorization form provided by Clay County and executed by the property owner.

C. The applicant shall provide, at minimum, the deed, current survey, and legal description with the application. The applicant may also submit site plans, photographs, or any other relevant materials.

D. Fees are as follows:

• $500 for commercial and industrial district variance applications
• $300 for all other district variance applications
• $250 for appeals

E. The applicant, at their own cost, shall post signs on the property for the variance request. Signs must be posted at least 21 days before the Board of Adjustment hearing.

Signs shall be placed in full public view on each street side of the property and no more than 500 feet apart. If the property does not have frontage on a public street, the sign shall be placed on the nearest street right-of-way with an attached note generally indicating the direction and distance to the property.

Signs may be purchased from the Clay County Zoning Division, located on the third floor of the Clay County Administration Building, for $30 each. Signs must be picked up in person because they are too large to mail.

Meeting times, dates, and deadlines will be provided once the application is filed. Applicants may also call the Planning and Zoning Division at (904) 278-4705 in advance for meeting information.

F. The Zoning Office shall place a legal notice of the time and place of the public hearing in a newspaper of general circulation in the County no less than 15 days prior to the hearing.

BOA Meeting Procedures

Once the application is filed, the applicant will post notice as required and attend the scheduled meeting. The applicant may provide graphic illustrations, professional reports, professional testimony, presentations, or other materials to present their case to the Board of Adjustment and Appeals.

The applicant may choose to have a court reporter or attorney present; however, this is not required.

The Board of Adjustment and Appeals will open a public hearing where residents may speak in favor of or in opposition to the applicant’s request. After public comment, the Board will close the public hearing, discuss the issue, and make a decision.

If the application is approved, denied, or approved with conditions, the Planning and Zoning Division will notify the applicant in writing. If approved, this letter is needed before proceeding with any development permits.

Checklist