(a)

Declaration of zoning districts. In order to regulate and limit the height and size of buildings, to regulate and limit the intensity of use of land area, to regulate and determine the area of open space within and around surrounding buildings, to classify, regulate and redistrict the location of commercial uses and the locations of buildings designed for specified residential uses, the city hereby is divided into five districts known as:

(1)

"SF" single-family district.

(2)

"MF" multifamily district.

(3)

"C" commercial district.

(4)

"CD" conservation district.

(5)

"PD" public use district.

(b)

"SF" single-family district. The purpose of the "SF" single-family category is to provide for single-family detached residential development along with recreational, governmental, and educational uses allowable as a special exception if it can be demonstrated that they are not disruptive to a residential environment. The maximum density for this category is 8.7 units per acre.

(c)

"MF" multifamily district. The purpose of the "MF" multifamily category is to provide for a housing mix in the city and to provide for buffer areas between single-family areas and other uses and facilities. Other uses which can occur in this category are recreational, governmental, and educational uses as a special exception if it can be demonstrated that they are not disruptive to a residential environment. The maximum density for the multifamily category is 12.0 units per acre.

(d)

"C" commercial district. The purpose of the "C" commercial category is to provide commercial activities that will serve the needs of local residents and tourists, as well as uses that will enhance the tourist industry in the city and the county. It is also the intent of the city to encourage commercial uses that reflect the historic, aesthetic, and natural attributes of the Florida Keys. The maximum floor area ratio (FAR) for this category is 0.60 square feet. Planned developments in accordance with the city's land development regulations shall be allowed and encouraged in the commercial district.

(e)

"CD" conservation district. The "CD" conservation category is intended to recognize, and discourage development in, areas containing highly environmentally sensitive areas that should be preserved. As such, development is discouraged in this area in order to protect fisheries and vegetative communities. However, a density of one unit per five acres may be transferred to developable areas of the city, including onsite transfers to nonjurisdictional areas north of Zane Grey Creek, except for single-family areas. The maximum density of any nonjurisdictional onsite areas designated as conservation to which densities are transferred/clustered is four units per acre, provided such areas do not require fill within jurisdictional wetlands for access. Any development on nonjurisdictional areas shall also provide a minimum setback of 20 feet from Zane Grey Creek and wetlands, and this area shall be revegetated with transitional plant species. Height shall be limited to two habitable stories and a minimum of 50 percent of the site shall be maintained as open space. Further, it is the intent of the city to establish an interlocal agreement with the county, or some other appropriate instrument or method, to allow the transfer of these units to developable areas of the county. Further, all lands from which units are transferred shall be deeded or transferred in some manner in perpetuity to the city or other government upon approval by the city council.

(f)

"PD" public use district. The "PD" public use category is intended to accommodate public, governmental, institutional, or recreation uses.

(LDR 2002, § 13.01)

(a)

The boundaries of the districts shall be shown upon the official zoning and land use map adopted by these land development regulations.

(b)

In the creation of the respective zoning districts of the city, the city council has given due and careful consideration to the peculiar suitability of each district for the particular regulations applied thereto, and the necessary, proper and comprehensive groupings and arrangements of the various uses and densities of the population in accordance with a well-considered plan for the development of the city.

(LDR 2002, §§ 13.02, 13.03)

(a)

The boundaries of each of the hereinafter designated zoning districts are set forth and shown on the official zoning and land use map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of these land development regulations.

(b)

The official zoning and land use map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words:

"This is to certify that this is the official zoning and land use map as referred to in article II of the City of Layton, Florida Land Development Regulations Code."

(c)

If, in accordance with the provisions of these land development regulations and applicable state law, changes are made in district boundaries or other matter portrayed on the official zoning and land use map, said changes become effective after the amendment has been duly approved by the city council together with an entry on the official zoning and land use map as follows: "On the date shown on the revision table, by official action of the city council, the following change(s) was/were made on the official zoning and land use map."

(d)

Revisions to the official zoning and land use map only become effective when signed by the mayor and attested by the city clerk. The amending ordinance shall provide that such changes and amendments shall not become effective until they have been duly entered upon the official zoning and land use map. No amendment to these land development regulations which involves matter shown on the official zoning and land use map shall become effective until after such changes and entry has been made on said map. No changes of any nature shall be made in the official zoning and land use map or matter shown thereon except in conformity with the procedures set forth in these land development regulations.

(LDR 2002, §§ 3.01, 3.02)

State Law reference— Adoption of ordinances, F.S. § 166.041.

Regardless of the existence of purported copies of the official zoning and land use map which may from time to time be made or published, the official zoning and land use map which shall be located in the office of the city clerk shall be the final authority as to the current status of land and water areas, buildings and other structures in the city.

(LDR 2002, § 3.03)

In the event that the official zoning and land use map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of changes and additions or because the city council desires to adopt a new zoning map, the city may by resolution adopt a new official zoning and land use map. The new official zoning and land use map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words:

"This is to certify that this official zoning and land use map supersedes and replaces the official zoning and land use map adopted on ________, as part of the City of Layton, Florida Land Development Regulations Code."

(LDR 2002, § 3.04)

Where uncertainty exists as to the boundaries of districts as shown on the official zoning and land use map, the following shall apply:

(1)

Zoning district boundaries, unless otherwise indicated on the official zoning and land use map, are the lot lines, the centerline of streets, street rights-of-way, alleys, the corporate limits as they existed at the time of the enactment of Ordinance No. 86-04-01, or other geographical or topographical features.

(2)

For any public right-of-way which is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. In the event abandoned property is not divided at the centerline for abutting properties, the zoning districts applicable shall apply to such ownership lines as determined by virtues of such abandonment.

(3)

For any public property other than rights-of-way, the regulations applicable to the zoning classification which abut the abandoned property for the greatest number of linear feet shall apply to the entire property.

(4)

For areas within the corporate limits of the city which are under water and are not shown as included within any of the designated use districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district or the city municipal boundaries. Submerged lands shall be considered "waters of the state" and shall not be allocated in any density.

(5)

Where physical features existing on the ground are at variance with those shown on the official zoning and land use map, or in other circumstances are not covered by subsections (1) through (4) of this section, the city council shall interpret the district boundaries.

(6)

Plat requirements within subdivisions will be enforced by the city as to yard requirements, when said restrictions are not in conflict with city code requirements. The city has no jurisdiction over the use restrictions set forth by either plat or deed restrictions.

(LDR 2002, § 4.01)