This ordinance is the compilation of the land development regulations for the City of Bradenton, Florida (city or city's) and shall be entitled, "The City of Bradenton Land Use and Development Regulations" and may be referred to as the "Land Use Regulations" or the "LURs."

This ordinance enacting the city's LURs adopted pursuant to the authority of article VIII, section 2(b), Florida Constitution, the "Municipal Home Rule Powers Act"; F.S. § 166.021, et al [et seq.]; and the "Local Government Comprehensive Planning and Land Development Regulation Act", F.S. § 163.3202.

This ordinance enacts the city's LURs to implement the city's comprehensive plan through the establishment of certain regulations, procedures, and standards for reviewing and approving all development orders, permits, and use of land within the incorporated area of the city. This ordinance is enacted in order to protect and preserve the public health, safety, and general welfare and to assist in the orderly and controlled growth and development of the city. It is the further intent of this ordinance that the city's LURs establish an efficient, effective and equitable regulatory and procedural code relating to the use of land and development within the city.

The Local Government Comprehensive Planning and Land Development Regulation Act, F.S., Section 163.3202, requires the City to enact land development regulations which are consistent with, and implement the City's Comprehensive Plan.

1.4.1 These LURs contain specific and detailed provisions that are consistent with, and necessary and desirable to implement the adopted city comprehensive plan.

1.4.2 This ordinance provides consistent and responsible oversight for the location, design, and construction of development within the city, and is necessary in order to protect the public health, safety, and welfare, and to maintain and enhance the city's existing quality of life.

1.4.3 The required public participation, public notice, and public hearings necessary pursuant to F.S. chapters 163 and 166 in order to enact these LURs have been held once with the planning commission, as the local planning agency, and twice with the Bradenton City Council, each having reviewed these LURs and finding them consistent with the city's comprehensive plan at public hearings on January 20, 2010 January 27, 2010, and February 10, 2010, respectively. One of these public hearings was held after 5:00 p.m.

1.5.1 General applicability. The provisions of these LURS shall apply to all development within the city. No development shall be undertaken without prior approval and the issuance of the appropriate development order or permit pursuant to the applicable provisions of these LURs, except as provided herein.

1.5.2 Exceptions.

1.5.2.1 The provisions of these LURs shall not affect a development order or permit which has been previously approved and has not expired at the time of the adoption of these LURs, and on which development activity has commenced, or will commence and proceed, in accordance with the time limits, conditions, or terms set forth as part of that original development approval. Such excepted development order or permit must meet only the requirements of those regulations in effect when the development order or permit was approved. However, if the development order or permit expires or is otherwise invalidated, any further development on the site involved shall occur only in conformance with the requirements of the applicable regulations in effect at that time.

1.5.2.2 The provisions of these LURs shall not affect development for which a building permit has been issued on or before the effective date of these LURs (February 10, 2010), provided that such building permit was lawfully issued and remains in full force and effect, and provided that such development activity as authorized, has been commenced or will commence within six months of February 10, 2010. This exception shall apply to that development activity as long as such activity continues without interruption and is completed. However, if the Building Permit expires, any further development on that site shall occur only in conformance with the applicable regulations in effect at the time of commencement of such activity.

1.5.2.3 The provisions of these LURs relating to concurrency management shall not be applicable to a development order or permit for any single-family residential unit if such single-family residential unit is the only development to be undertaken or constructed by the owner of, and upon a legal lot of record.

1.5.3 Acronyms. The following acronyms are used throughout these LURs for purposes of efficiency:

These LURs are not intended to abrogate, repeal, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of Manatee County applying to, or lying within, the city. Furthermore, these LURs are not intended to repeal any lawful approval given prior to the effective date of these LURs by official city action as it relates to any planned development project, special use, variance, or subdivision.

Any person, corporation, partnership or other legal entity under Florida law, whether owner, lessee, principal, agent, employee, or otherwise who violates or permits any violation of any provision of these LURs, fails to comply with any of the provisions or requirements hereof, including any conditions, stipulations, or safeguards attached to any permit, approval for land use and development, variance, special use, planned development project, or other such final authorization or approval hereunder; or who erects, constructs or reconstructs any building or structure, or uses any land in violation of these LURs, shall be in violation of these LURs and upon conviction, shall be subject to punishment as provided for by law. Each and every person who commits, participates in, assists in, or maintains any such violation may individually be found guilty of a separate offense and for each day after the first 15 days that a violation continues to exist; such date shall constitute an additional and separate offense. Nothing contained herein shall prohibit, exclude, or prevent the city from utilizing or undertaking any other enforcement mechanism or procedure that may be available to municipalities, for the enforcement of ordinances as provided for by law, including the filing of civil litigation and the obtaining of injunctive relief.