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Daytona Beach Shores
City Zoning Code

ARTICLE XII

GENERAL PROVISIONS

Sec. 14-75.- Enforcement of ordinance and regulations.

1.

Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates or causes to be violated any provision of the zoning regulations enacted pursuant to this ordinance or any provisions of this ordinance or permits any such violation or fails to comply with any of the requirements shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the city jail for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Each day upon which such violation shall continue shall constitute a separate offense hereunder.

2.

In addition to any other remedies, whether civil or criminal, the violation of this ordinance or any of the regulations, restrictions and limitations promulgated under the provisions of this ordinance may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law.

Sec. 14-76. - Administration.

14-76.1. Enforcement.

The enforcement official shall interpret, administer and enforce the zoning ordinance. His duties in connection herewith shall include receiving applications, inspecting premises and the issuance of certificates of occupancy. The enforcement official may be provided with the assistance of such other persons as the City Commission may direct and also the City Commission may appoint a representative to act in behalf of the enforcement official during his absence.

14-76.2. Building Permits Required.

No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor issued by the enforcement official. No building permit shall be issued by the enforcement official except in conformity with the provisions of this ordinance, unless he received a written order from the board of adjustments in the form of an administrative review or variance as provided by this ordinance. If the permit is denied, reasons for the denial shall be stated in writing.

Sec. 14-77. - Final authority.

The City Commission shall have the final authority on all matters within the purview of this ordinance for final determination and disposition, including the determination of the true intent of this ordinance and all parts thereof. It is anticipated that from time to time, new, different or original uses will be proposed or requested by applicants for certain properties, which uses may not be covered specifically by the terms of this ordinance. The City Commission, however, shall have the right and the duty to determine whether or not a proposed use is permitted as being fairly intended by the provisions of this ordinance and the City Commission shall decide whether a proposed use shall be permitted or prohibited. In determining the true intent of the provisions of this ordinance, the City Commission shall be guided by the standards set forth in section 14-1 hereof and by the standards furnished by the general health, safety and welfare of the city and the people of the City of Daytona Beach Shores.

Sec. 14-78. - Savings clause.

Should any article, section, subsection, provision or clause of this ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid for any reason whatsoever, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part judicially determined to be invalid.

Sec. 14-79. - Minimum requirements.

The regulations set forth in this ordinance shall be considered to be minimum requirements

for the purpose of promoting the general public health, safety and welfare of the people of the City of Daytona Beach Shores, Florida.

Sec. 14-80. - Conflict with other laws and other legal documents.

Where other laws, ordinances or private restrictive covenants in recorded deeds or any other legally binding agreements impose greater restrictions and limitations than those provided herein, such laws, ordinances, covenants or agreement shall control and regardless of whether such laws or documents have been passed or created prior to or subsequently to the effective date of this ordinance.

Sec. 14-81. - Repeal.

All ordinances or parts of ordinances in conflict with these zoning regulations are hereby repealed to the extent of such conflict.

Sec. 14-82. - Effective date.

This ordinance shall take effect as provided by law.

CITY OF DAYTONA BEACH SHORES

/s/ ___________
Mayor

Attest:

/s/ ___________
City Manager

Approved as to form and legality:

/s/ ___________
City Attorney

Adopted this 17th day of August, 1977.

Posted this 18th day of August, 1977.

STATE OF FLORIDA
COUNTY OF VOLUSIA

I, HENRY C. LUNSFORD, JR., Notary of Public, State of Florida At Large, do hereby certify that this is a true and correct copy of the original document presented to me.

WITNESS my hand and official seal, this 7th day of December, 1979.

/s/ ___________

My commission expires August 23, 1982.
Bonded thru General Ins. Underwriters

FEE SCHEDULE

The fee schedule for applications before the Planning and Zoning Board and board of adjustments shall be specified in the current "Daytona Beach Shores Land Development Schedule of Fees," which is available at the office of the City Clerk.

(Ord. No. 99-30, § 19, 1-26-00)