This code shall be entitled the "Land Development code" and may be referred to herein as the "code."

This Land Development code is enacted pursuant to the requirements and authority of Chapter 163.3202 of the Florida Statutes (the Local Government Comprehensive Planning and Land Development Regulation Act), the City Charter, and the general powers in Chapter 166 of the Florida Statutes.

(Amended 5-17-1999 by Ord. No. 99-6)

A.

General findings.

(1)

Chapter 163 of the Florida Statutes requires each Florida local government to enact a unified land development code which implements and is consistent with the local Comprehensive Plan and which contains all land development regulations for the city.

(2)

Controlling the location, design and construction of development within the City of Belleair Bluffs is necessary to maintain and improve the quality of life in the city as more fully described below.

B.

Specific findings relating to the various subject areas of this code. With regard to the following specific subject areas of this code, the City Commission finds that:

(1)

With regard to administration and enforcement:

(a)

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability and citizen participation.

(b)

All development proposals should undergo a development review process to assure compliance with the requirements of this code.

(c)

Mandatory concept review allows developers to modify proposals in response to early citizen and staff comment.

(d)

Developments of large potential impact on the community should go through a more rigorous review process than others.

(e)

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

(f)

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

(g)

A quick, efficient and nonpolitical avenue of appeal should be available for all ministerial and administrative decisions.

(h)

Enforcement of development orders and the provisions of this code shall be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

(2)

With regard to signs:

(a)

The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community.

(b)

The safety of motorists, cyclists, pedestrians and other users of the public streets and property is affected by the number, size, location and appearance of signs that are intended to and result in the diversion of the attention of drivers.

(c)

The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques.

(d)

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

(e)

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

(f)

It is, therefore, necessary for the promotion and preservation of the public health, safety and welfare of the people of this community that the erection, construction, location and maintenance of signs be regulated and controlled.

(3)

With regard to landscaping and tree protection:

(a)

Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements.

(b)

Trees and landscaping benefit the community by:

[1]

Absorbing carbon dioxide and returning oxygen to the atmosphere;

[2]

Precipitating dust and other particles from the air;

[3]

Providing wildlife habitat, particularly for birds which, in turn, help control insects;

[4]

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

[5]

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during the warm months;

[6]

Making the built environment more attractive by adding a variety of color, shape and pattern and thus increasing community pride and the value of property;

[7]

Providing attractive buffering between incompatible land uses; and

[8]

Abating noise.

(c)

Because native vegetation is adapted to local diseases, pests, soil and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.

(d)

Exotic vegetation can crowd out native vegetation, use more water and damage the environment from increased use of fertilizers and pesticides.

(e)

Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

(f)

Mangrove trees are especially valuable in stabilizing, building and protecting the shoreline, providing for spawning and breeding grounds for marine organisms and other wildlife and serving as the basis for most of the estuarine food chains which are critical to 70% to 90% of those species considered important from a recreational and/or commercial standpoint.

(4)

With regard to parking and loading:

(a)

Off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.

(b)

Well-designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

(c)

Deferring the construction of some parking areas pending determination of the actual need for parking spaces and taking into account public demand and the size of vehicles to be parked conserves open space and developable land and reduces the expense and hazard of controlling stormwater runoff.

(d)

Allowing the use of porous paving materials and unpaved parking areas whenever possible conserves water and energy, moderates the microclimate and reduces the expense and hazards of controlling stormwater runoff.

(5)

With regard to stormwater management:

(a)

Increased stormwater runoff erodes and pollutes ground and surface water.

(b)

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

(c)

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation and damages flora and fauna.

(d)

Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.

(e)

Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.

(f)

Improperly managed stormwater runoff alters the salinity of estuarine areas and diminishes their biological productivity.

(g)

Degradation of ground and surface waters imposes economic costs on the community.

(h)

80% to 95% of the total annual loading of most stormwater pollutants discharged into receiving waters is concentrated in the flush created by the first one inch of rainfall ("first flush") and carried off-site in the first 1/2 inch of runoff.

(i)

Improperly managed stormwater adversely affects the drainage of off-site property.

(6)

With regard to flood damage prevention:

(a)

Flooding is a natural recurring phenomenon in the city.

(b)

Naturally flood-prone lands serve the following important functions in the regional hydrologic cycle and ecological system:

[1]

They provide natural storage and conveyance of floodwaters.

[2]

They facilitate groundwater recharge.

[3]

They provide temporary storage of surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges.

[4]

They reduce erosion and filter nutrients, sediments and other pollutants from floodwaters.

[5]

They export detritus and other food sources to open water bodies and are vital habitats for fish, birds, wildlife and native plant communities.

(c)

Naturally occurring flooding may provide recharge to groundwaters and a basic source of flow to surface waters.

(d)

The uncontrolled development of flood-prone lands substantially degrades the health, safety and welfare of the community in the following ways:

[1]

The owners, residents, customers, guests and employees occupying homes, businesses and other structures located in flood-prone areas are placed at unreasonable risk of personal injury and property damage.

[2]

Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded.

[3]

Roads, public facilities and utilities associated with development may be damaged by flooding at great expense to taxpayers and ratepayers.

[4]

Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control floodwaters.

[5]

Normally flood-free lands are placed at risk of flooding when floodwaters on natural flood-prone areas are obstructed, diverted, displaced or channelized by development.

[6]

Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost.

[7]

Property values are lowered and economic activity is disrupted by damaging floods.

(7)

With regard to protection of environmentally sensitive lands:

(a)

Protection of environmentally sensitive lands described or mapped in the Conservation and Coastal Management Element of the Comprehensive Plan promotes the well being of the people of the city.

(b)

The various types of protected environmentally sensitive areas serve the following beneficial functions:

[1]

Wetlands provide natural storage and conveyance of floodwaters and minimize erosion and sedimentation by reducing flood flows and the velocity of floodwaters.

[2]

Coastal wetlands and inland wetlands adjoining larger lakes and rivers protect wildlife and the shoreline from destructive wave action.

[3]

Wetlands filter and help decompose sediments, nutrients and other natural and manmade pollutants that would otherwise degrade surface and ground waters.

[4]

Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life.

[5]

Wetlands provide habitat for rare and endangered species and provide essential breeding and protective habitats for many other birds, mammals and reptiles.

[6]

Wetlands supply ground and surface water.

(c)

Agricultural and development activities have destroyed or impaired the beneficial functions of many environmentally sensitive lands in the city.

(d)

Federal and state regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.

(Amended 6-22-2015 by Ord. No. 2015-09, § 1; amended 6-22-2015 by Ord. No. 2015-11, §§ 1, 2; amended 6-20-2022 by Ord. No. 2022-02, § 1)

With regard to this Land Development code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the City Commission:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in the City of Belleair Bluffs in order to prevent the overcrowding of land, encourage the most appropriate use of land, conserve the value of buildings, avoid undue concentration of population (particularly in Coastal High-Hazard Areas) and lessen congestion in the streets.

B.

To foster and preserve public health, safety, comfort and welfare, including provisions for adequate light, pure air and safety from fire and other dangers.

C.

To aid in the harmonious, orderly and progressive development of the city, including but not limited to adequate provisions for transportation, parking requirements, water, sewerage, schools, parks and other public requirements.

D.

To adopt a development review process that is:

(1)

Efficient, in terms of time and expense;

(2)

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

(3)

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners and consideration of the interests of the citizens of the city.

The following policies of the City Commission will govern the administration of this code:

A.

The city shall encourage opportunities for all citizens to purchase or rent decent, safe and sanitary housing which they can afford, free from arbitrary discrimination. The city shall comply and conform to the requirements of the Fair Housing Act.

B.

In order to encourage the best use of commercial properties and reduce urban sprawl through new commercial development, the city shall encourage, through the application of the land development regulations, opportunities for the redevelopment/rehabilitation of existing commercial areas or uses.

C.

The city shall encourage the use of either the Residential/Office/Retail or Residential/Office General land use categories as a means of redevelopment.

D.

Within the Residential/Office/Retail and Residential/Office General land use categories, the city shall encourage mixed use development to include the range of permitted uses listed in the land use category designations.

E.

The city shall encourage the adapted reuse of existing structures as opposed to new construction.

F.

Because the impacts of development/redevelopment extend beyond the limits of the community, the city shall review development orders or permits for consistency with the development taking place in and the Comprehensive Plans of the City of Largo, the Town of Belleair and Pinellas County.

G.

The city shall review development orders or permits for consistency with the objectives of the Southwest Florida Water Management District (SWFWMD), Forward Pinellas and state and federal agencies.

H.

The city shall encourage the residential and commercial consumers of water to conserve water when possible and shall discourage waste.

I.

The city shall encourage measures to improve stormwater quality.

J.

The city shall require that any development projects (e.g., marinas, causeways and dredging) which could inhibit tidal circulation shall include measures to maintain or improve tidal circulation and flushing.

K.

The city shall work to reduce the potential for automobile emissions pollution by the following measures:

(1)

Require vegetative buffer strips between roadways and residential development;

(2)

Promote alternative transportation modes; and

(3)

Assure continued operation of roadways at acceptable levels of service.

L.

In order to maintain Clearwater Harbor's designation as an Aquatic Preserve by the Florida Department of Environmental Protection:

(1)

The city shall not permit any new point sources to discharge from the city that flow into Clearwater Harbor.

(2)

The city shall follow a stormwater management plan following the regulations set forth in SWFWMD, Applicant's Handbook, Volume II, or Ch. 62-330 F.A.C., in order to reduce non-point-source pollutant loadings.

M.

The city shall provide a set of guidelines that protects the lives and property of its residents from the effects of natural disasters.

(1)

The city shall not support or finance new local transportation corridors which lie within the Coastal High-Hazard Area, although existing corridors may be maintained or improved as necessary to protect the health, safety and welfare of existing residents.

(2)

The city shall not support sewer and water line extensions or expansions within the Coastal High-Hazard Area which will encourage future growth/higher densities in those vulnerable areas.

(3)

The city shall maintain or reduce allowable density in the Coastal High-Hazard Area and the Hurricane Vulnerability Zone consistent with the Future Land Use Map of the Belleair Bluffs Comprehensive Plan.

(4)

The city will, as far as financially feasible, acquire and manage public land for recreation, conservation and preservation areas within the Hurricane Vulnerability Zone.

N.

The city shall acquire, protect and maintain natural reservations, where appropriate.

(Amended 10-19-1992 by Ord. No. 92-9; amended 6-22-2015 by Ord. No. 2015-09, § 2; amended 6-20-2022 by Ord. No. 2022-02, §§ 2, 3)

It is not intended by this code to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this code, or with private restrictions placed upon property by covenant, deed or other private agreement or with restrictive covenants running with the land to which the city is a party. Where this code imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this code shall control. Nothing herein contained shall be construed to require the city to enforce or otherwise attempt to enforce or become a party to deed restrictions and covenants or litigation concerned therewith.

Florida law [Section 163.3194(1)(b) of the Florida Statutes] requires that all land development regulations be consistent with the comprehensive plan of the enacting local government. It is the purpose of this code to meet this standard of consistency for the City of Belleair Bluffs. The administration and enforcement provisions of this code implement the goals, policies, and objectives of the Comprehensive Plan.

(Amended 6-20-2022 by Ord. No. 2022-02, §§ 2, 4)

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

A.

General applicability.

(1)

No building, structure or premises shall be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district, as shown on the Official Map, in which it is located.

(2)

No building, structure or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure or premises for the district in which it is located.

(3)

No yard, court or open space or part thereof shall be included as a part of the yard, court or open space similarly required for any other building, structure or dwelling under this code.

B.

Exceptions. Exceptions shall be as follows:

(1)

Previously issued construction permits. The provisions of this code and any amendments thereto shall not affect the validity of any lawfully issued and effective construction permit if:

(a)

The development activity authorized by the permit has been commenced prior to the effective date of this code or any amendment thereto or will be commenced after the effective date of this code but within 60 days of issuance of the building permit; and

(b)

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the construction permit expires, any further development on that site shall occur only in conformance with the requirements of this code or amendment thereto.

(2)

Previously approved development plans. Projects with unexpired development plans on which development activity is taking place at the time this code or an amendment thereto is adopted must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires, any further development on that site shall occur only in conformance with the requirements of this code or amendment thereto.