This Code shall be officially known as the "Land Development Code (LDC) of the City of Daytona Beach, Florida" and may be referred to as the "Daytona Beach Land Development Code," the "Land Development Code," "LDC," or "this Code."

A.

General. The Daytona Beach City Commission is authorized to adopt this Code in accordance with: Article VIII, Section 2(b) of the Florida Constitution; Article III, Sections 4 and 6 of the City of Daytona Beach Charter; Chapter 166 of the Florida Statutes (Municipal Home Rule Powers Act); Section 163.3161 et seq. of the Florida Statutes (Local Government Comprehensive Planning and Land Development Regulation Act); and all other relevant laws of the State of Florida.

B.

References to Florida Laws. Whenever any provision of this Code refers to or cites a section of the Florida Statutes (F.S.) or Florida Administrative Code (FAC), and that section is later amended or superseded, this Code shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The general purpose of this Code is to promote the public health, safety, and general welfare, and to implement the goals, objectives, and policies of the Daytona Beach Comprehensive Plan. More specifically, this Code is intended to do the following, consistent with the goals, objectives, and policies of the comprehensive plan:

A.

Establish comprehensive, consistent, effective, efficient, and equitable standards and procedures for the review and approval of land development that recognize and respect the rights of landowners and consider the interests of the City's citizens.

B.

Provide a sufficient supply of land to meet growth demands;

C.

Ensure that land uses are located in a rational and efficient manner;

D.

Provide a wide and diverse range of housing opportunities to enhance the availability of sound and affordable housing for all current and future residents of the City;

E.

Encourage compatible new development, redevelopment, rehabilitation, and infill development in the City's community redevelopment areas;

F.

Encourage the revitalization of the International Speedway Boulevard corridor as a lively mixed-use gateway to the City;

G.

Promote a diverse economy by encouraging tourism and the growth of existing and new industries and businesses, particularly targeted industries;

H.

Promote safe and efficient traffic circulation and minimize travel time;

I.

Promote mass transit services as part of a coordinated multi-modal transportation system;

J.

Maintain compatibility with aircraft operations at Daytona Beach International Airport;

K.

Maintain hurricane evacuation clearance times and minimize danger to life and property from hurricanes and storms;

L.

Achieve a high quality urban environment through improved appearance;

M.

Facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services;

N.

Conserve, protect, and restore coastal resources (e.g., estuaries, beach and dune systems, marine and wildlife habitats, environmental system corridors), and protect and enhance working waterfronts;

O.

Conserve and protect natural resources (e.g., wetlands, surface waters, floodplains, aquifers, wildlife habitat, vegetative cover, topography, soils);

P.

Preserve and protect historic resources;

Q.

Preserve and protect cultural resources and encourage development to accommodate the arts and related uses;

R.

Promote the beautification of principal arterial streets and entranceways through landscaping and other aesthetic treatments;

S.

Maintain and protect the character and stability of the community and its established neighborhoods;

T.

Provide adequate recreational facilities and open space areas for new residential development; and

U.

Promote green and sustainable development through carbon footprint reduction, water conservation and reuse, energy conservation, renewable energy use, recycling and waste reduction, vegetation, urban agriculture, and hazard-resilient development.

A.

General Applicability. The provisions of this Code shall apply to the development of all land within the corporate limits of the City of Daytona Beach.

B.

Application to Governmental Units.

1.

The provisions of this Code shall apply to development by the City or its agencies and departments, or on land owned or otherwise controlled by the City.

2.

To the extent allowed by law, the provisions of this Code shall also apply to development by any county, State, or federal government or its agencies, departments, or corporate services, or on land owned or otherwise controlled by a county, State, or federal government.

C.

Appropriate Development Permits Required. No development shall occur without the development permits appropriate for the development, as set forth in Article 3: Review Procedures.

D.

Compliance with Code Required. No land shall be developed without full compliance with the provisions of this Code and all other applicable City, county, State, and federal regulations.

E.

Emergency Exemption. Consistent with State law, the City Commission may, by resolution and without any otherwise required prior notice or public hearing, authorize City agencies or departments to deviate from the provisions of this Code during an emergency when the need to act quickly to secure the public health, safety, or welfare makes it impossible to submit to the normal procedures and requirements of this Code.

This Code is intended to ensure that all development within the City's jurisdiction is consistent with the goals, objectives, and policies of the Daytona Beach Comprehensive Plan. To the extent this Code is or becomes inconsistent with the comprehensive plan, it will be amended to maintain consistency with the comprehensive plan.

A.

Conflicts with Other City Regulations. If a provision of this Code is inconsistent with another provision of this Code, or with a provision found in other adopted Codes or ordinances of the City, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

B.

Conflicts with State or Federal Law. If a provision of this Code is inconsistent with a provision found in the law or regulations of the State or federal government, the more restrictive provision shall control, to the extent permitted by law.

C.

Relationship to Private Agreements. Nothing in this Code is intended to supersede, annul, or interfere with any easement, covenant, deed restriction, or other agreement between private parties, but such private agreements shall not excuse any failure to comply with this Code. The City shall not be responsible for monitoring or enforcing private agreements.

A.

Establishment and Maintenance. Land subject to this Code is divided into the various base and overlay zoning districts established in Article 4: Zoning Districts, with the location and boundaries of the districts as shown on the Official Zoning District Map. The Official Zoning District Map and all the notations thereon is incorporated herein by reference and made part of this Code. The Official Zoning District Map shall be the final authority as to the status of the current zoning district classification of land in the City.

1.

The original and all revised versions of the Official Zoning District Map shall be kept on file, in either hardcopy or digital form, in the office of the City Clerk.

2.

Copies of the Official Zoning District Map shall be made available for public inspection in the office of the City Clerk during normal business hours.

B.

Changes.

1.

Changes Made in zoning district boundaries or other matters portrayed on the Official Zoning District Map shall be made in accordance with Section 3.4.C, General Zoning District Map Amendment, Section 3.4.D, Site-Specific Zoning District Map Amendment, Section 3.4.E, Historic Overlay Zoning District Map Amendment, or Section 3.4.F, Planned Development, as appropriate.

2.

City staff shall enter changes onto the Official Zoning District Map promptly after a map amendment is approved by the City Commission. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, City staff may enter on the Official Zoning District Map notations reflecting the ordinance wording.

3.

The City Clerk shall maintain copies of superseded versions of the Official Zoning District Map for historical reference.

C.

Interpretation. City staff shall be responsible for interpretations of the Official Zoning District Map in accordance with the standards in Section 11.2, Interpretation of Zoning District Map Boundaries.

A.

Effective Date. This Code shall take effect and be in force on March 1, 2015.

B.

Transition to New Zoning Districts. On March 1, 2015, land zoned with a zoning district classification from the previous Land Development Code shall be translated to one of the zoning district classifications in this Code as set forth in Article 4: Zoning Districts. Table 1.7.B, Transition to New Zoning Districts, summarizes the translation of the zoning districts used in the previous zoning regulations to the zoning districts used in this Code. (For example, Table 1.7.B shows that all lands classified as R-1a Single-Family Residential in the previous zoning regulations (under the column titled "Former Zoning District") are classified as SFR-5 Single-Family Residential in this Code (under the column titled "New Zoning District").)

C.

Violations Continue. Any violation of the previous Zoning Code and other development regulations replaced by this Code shall continue to be a violation under this Code, and be subject to the penalties set forth in Article 10: Enforcement, unless the development complies with the express terms of this Code.

D.

Nonconformities. If any use, structure, lot, or site feature was legally established on the date of its development, but does not fully comply with the standards of this Code, then that use, structure, lot, or site feature shall be considered nonconforming and subject to the provisions of Article 8: Nonconformities. If a use, structure, lot, or site feature that was legally nonconforming under previous development regulations becomes conforming under this Code, it shall no longer be deemed nonconforming or subject to the provisions of Article 8: Nonconformities.

E.

Issuance of Development Orders While Amendments Pending. No development orders shall be issued where an amendment to this Code is pending before the Planning Board or City Commission, which amendment, if adopted, would render the authorized development nonconforming.

F.

Approved Development Permits.

1.

Any development for which an application for a development permit has been approved before March 1, 2015 may be carried out in accordance with the terms and conditions of the development order and the procedures and standards in effect at the time of approval, provided the approval does not expire and otherwise remains valid. If the development order expires, is revoked, or otherwise becomes invalid (e.g., for failure to comply with time limits or the terms and conditions), any subsequent development of the site shall be subject to the procedures and standards of this Code.

2.

To the extent a prior approval authorizes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 8: Nonconformities.

(Ord. No. 18-409, § 1, 12-5-2018)

It is the legislative intent of the City Commission in adopting this Code that all provisions shall be construed to implement the comprehensive plan and guide development in accordance with the existing and future needs of the City as established in this Code, and to promote the public health, safety, and welfare of landowners and residents of the City. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Code is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of any other provision of this Code. The City Commission hereby declares that it would have adopted this Code and any section, subsection, paragraph, subparagraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, or phrases of the Code is declared invalid by a court of competent jurisdiction.

(a)

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city that amended this Code during the period covered by the supplement. The pages of a supplement shall be so numbered so they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by their omission from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)

Organize the ordinance material into appropriate subdivisions;

(2)

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement and make changes in such catchlines, headings, and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _______ to _______" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code);

(5)

Correcting manifest cross-referencing, grammatical, numbering, and spelling errors; and making other non-substantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code. However, in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Ord. No. 2022-281, § 1, 7-20-2022)