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Mayor Sonny Nobles on Tuesday vetoed the city council’s decision to grant a local nightclub a zoning change from residential to commercial in order to allow the business to reopen. City officials condemned the Rockland Palace in January for numerous code violations.

The council voted 3-2 to override the mayor’s veto, but city attorney Erny Sellers said a 4-1 vote was necessary to reverse Nobles’ decision. Council President Ken Duce and Councilman Mark Stewart voted to sustain Nobles’ veto.

Nobles did not state his objections at the meeting, but gave them to the council and the Democrat in writing afterward. Nobles wrote that the rezoning of the property from residential to commercial would result in spot zoning, a change that “would create an isolated district unrelated to adjacent and nearby districts.”

The introduction of spot zoning into the area would mean surrounding residential properties could also be rezoned commercial, Nobles said.

And an increase in such activity “would overtax the load on public facilities” in the area and that commercial developments would “demand (additional) services at the expense of taxpayers,” he concluded.

Nobles also wrote that a zoning change would adversely affect living conditions as well as property values in the area. Additionally, it would have “an adverse effect on public safety” because Railroad Avenue, which runs in front of Rockland Palace, is “not designed to carry the increased traffic flow.”

Nobles said that spot zoning is in violation of Florida law and the city’s land development regulations and that such action would result in a “grant of special privilege.”

Nobles also said that though the property is “grandfathered in,” it has a non-conforming status relative to the zoning plan, and state law encourages “the elimination of non-conforming uses which are inconsistent with the character of the community.” The Rockland Palace was already in existence when land use regulations were created in Live Oak.

“I for one have not been in favor of changing the zoning, but my concern is putting a business out of business that’s been in business for half a century or close to it,” said Councilman Don Boyette. “I think some of (Nobles’) decisions are going to be dealt with in two years from now at the election.”

“Is there any way this issue can be resolved if the zoning isn’t changed?” asked Councilman John Hale.

City Building Official and Zoning Administrator Roy Rogers said the city’s land use regulations don’t allow a property that is non-conforming — operating in a way that is at odds with other local zoning — to expand or be structurally altered. Therefore the city cannot issue a permit for the building to be brought up to code, unless it’s used as a residence.

“The situation is that it’s non-conforming and cannot be structurally altered and the only option there is to change the zoning,” Councilman Mark Stewart said.

“Myself, Chad Croft, the fire chief, and the health department have condemned this place,” Rogers said. “I’ve got the pictures and I think the pictures explain everything.”

“Everybody knows the condition of it and that’s why I’m here,” Rockland Palace owner Calamity White said.

White said that Rogers advised her to hire an engineer to draw up plans to bring the building up to code, but Rogers denied that.

“If you knew you weren’t going to issue a permit … why did you have me go out and hire an engineer,” White said.

“I really didn’t. You asked me what needed to be done and I said in order to use the building it would take an engineer to fix the building,” Rogers responded.

The meeting drew numerous citizens who came to speak for and against the facility.

Dorothy Williams, who lives near the Rockland Palace, brought to the meeting a petition that she said contained 42 signatures of nearby neighbors opposed to the bar.

“There’s loud music from the middle of the evening until after midnight,” said Williams. “You go down that street and you have to be very careful that a drunk don’t back out there and run into you.”

“I really am against making that area commercial because I can only see where it’s going to open up more spots for people to come in and cause a nice neighborhood to go down the tubes,” said John Gluschick.

However, proponents of the Rockland Palace were out in even greater numbers.

“This building was there before the residents were there,” said Glen Russ, White’s friend.

“This business belongs to this black female who inherited it from her family. Now all of a sudden she’s going to lose her property just because the mayor has a gripe against the Rockland Palace,” added Russ, of Quincy.

Some residents said the bar promotes safety since some patrons can walk home instead of having to be on the roads at night.

“Ya’ll need to do the right thing,” said Ernestine Wheeler, “cause going across this river to Madison, Lake City and Jasper, anybody can get killed.”

Others said the bar is the only place for senior citizens to congregate locally.

“We don’t have nowhere to go,” Vanester Dukes said. “I’m too old to fight them young people (at other clubs). Why should we have to move out when ya’ll moved in.”

“My problem is that years ago the mayor sent a city truck out to Gold Kist to help a billion dollar business, but I don’t want to help this poor (business owner),” Councilman Bennie Thomas said.

Hale said his research indicated that a business which has been grandfathered in doesn’t lose its grandfather status until it has been closed for six months.

“Would that business still be allowed to operate if it’s grandfathered in?” Hale asked the city attorney.

Sellers said he would research the matter and report back to the council.

Rogers has said that code violations for the Rockland Palace include an unsafe structure, a leaking roof and electrical hazards, including bare wires, some of which hung down low enough to come in contact with customers.

White said she is prepared to appeal the decision in court.

“They’re denying me my right to operate a business in the city,” she said.