For the purpose of promoting health, safety, morals or the general welfare of the community, the Town Commission of Lauderdale-By-The-Sea deems it necessary to accomplish the aforementioned purposes, to regulate and restrict the general design, height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, residence, or other purposes.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

(a)

Such regulations shall be implemented in a manner consistent with the adopted Town of Lauderdale-By-The-Sea Comprehensive Plan, and designed to lessen congestion in the streets; to secure safety from fire, panic, and other damages; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements.

(b)

Such regulations shall be made with reasonable consideration, among other things, to the character of the district, and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2012-15, § 3, 10-9-2012)

(a)

The Town Commission shall provide for the manner in which such regulations and the restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed.

(b)

However, no such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2014-13, § 2, 10-28-2014)

(a)

Medical marijuana retail center. In accordance with F.S. § 381.986 (2017), as it may be amended, it is hereby expressly provided that medical marijuana retail centers are prohibited within the Town in each and every zoning district.

(b)

Other prohibited uses. Except as provided in any applicable zoning district regulations, any use not specifically identified as a permitted, conditional, accessory, or temporary use within a zoning district is prohibited in that zoning district.

(Ord. No. 2017-09, § 2, 9-13-2017; Ord. No. 2024-06, § 3, 7-23-2024)

Editor's note— Ord. No. 2012-18, § 2, adopted Nov. 13, 2012, repealed § 30-155, which pertained to definitions and derived from Ord. No. 316, § 1, 1-9-90; Ord. No. 488, § 2, 2-12-02; Ord. No. 2005-12, §§ 2, 3, 9-20-05; Ord. No. 2005-16, §§ 3, 4, 1-10-06; Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2009-19, § 4, 5-26-09; Ord. No. 2009-30, § 3, 12-1-09; Ord. No. 2012-01, § 2, 3-27-2012.

The Town Building Inspector and all persons working under the supervision of the Town Building Inspector shall enforce the provisions of this article.

(Ord. No. 316, § 1, 1-9-90; Ord. No. 2007-14, § 2(Exh. A), 9-25-07)

(a)

Zoning districts established by this chapter are bound and defined as shown on the zoning map of the Town of Lauderdale-By-The-Sea that, together with all information depicted on the map, is incorporated into and made a part of this chapter.

(b)

The official zoning map shall be maintained as a digital format document. The most recent version of the map shall be kept on file, in printed form, in the Development Services Office of the Town. The Town Commission may amend the zoning map from time to time by ordinance subject to the requirements for a referendum vote for approval of rezoning of residential zoning districts including, but not limited to, R-5, RS-4, RS-5, RD-10, RM-15, RM-16, RM-25 and PUD as of March 20, 2006, as further provided in article IV, section 4.7, of the Town Charter. The official zoning map shall be notated to list all revision dates.

(Ord. No. 2007-14, § 2(Exh. A), 9-25-07; Ord. No. 2012-15, § 3, 10-9-2012)

The following rules shall be used to determine the precise location of any zoning district boundary shown on the zoning map of the Town of Lauderdale-By-The-Sea:

(1)

Boundaries shown as following or approximately following the limits of any municipal corporate line shall be construed as following such limits.

(2)

Boundaries shown as following or approximately following streets shall be construed as following the centerlines of such streets.

(3)

Boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Town of Lauderdale-By-The-Sea Official Zoning Map shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following the centerlines of waterways or canals shall be construed as following the centerline of such watercourses and, in the event of a natural change in the location of such water bodies, the zoning district boundary shall be construed as moving with the centerline.

(5)

Each parcel of land within the Town shall be zoned in a zoning district that allows only those uses permitted by the Town of Lauderdale-By-The-Sea Uniform Land Development Regulations.

(Ord. No. 2007-14, § 2(Exh. A), 9-25-07)