This Chapter shall be known and cited as the Town of Longboat Key Zoning Code, which may, in subsequent Sections of this Chapter, be referred to as the Zoning Code.

(Ord. 2018-24, passed 4-1-19)

(A)

The purpose of this Chapter is to establish comprehensive controls for the development and redevelopment of land in the Town based on the Comprehensive Plan, as defined in Chapter 160, and designed to preserve the unique island character of the Town and enacted in order to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals, and general welfare of the people; and to use and strengthen the Town's role in establishing and implementing the comprehensive planning process in order to protect natural and man-made resources and to maintain, through orderly growth and development, the character and stability of present and future land use and community development. It is recognized that the Town is predominantly built out with a significant portion of the structures and dwellings exceeding 30 years of age. Therefore, most of the development in the Town will be in the form of redevelopment or renovations to existing sites or structures. The Zoning Code is intended to be comprehensive and flexible enough to address some of the challenges of redeveloping existing sites, whether they are conforming or nonconforming, in a consistent manner with existing uses.

(B)

The objectives of this Chapter are to provide: For efficiency and economy in the process of development; for the appropriate and best use of land; for preservation, protection, development, and conservation of the natural resources of land, water, and air; for convenience of traffic and circulation of people and goods; for the use and occupancy of buildings; to maintain an appropriate balance for the scale of buildings; to promote and protect safety, light, air, access, and enhancement of appearance; for healthful and convenient distribution of population; for adequate public facilities and utilities; for promotion of civic amenities of beauty and visual interest; and for development in accord with the Comprehensive Plan.

(C)

This Chapter shall include regulations in regard to the following:

(1)

Height, size, scale, interrelation among buildings and to the adjacent environment, bulk, location, erection, construction, repair, reconstruction, alteration and use of buildings and other structures, for trade, industry, residence, and other purposes.

(2)

Use of land and water for trade, profession, residence, and other purposes.

(3)

Size of yards and other open spaces.

(4)

Percentage of lots that may be occupied.

(5)

Density.

(6)

Conditions under which various classes of nonconformities may continue.

(7)

Use and types and sizes of structures in those areas subject to seasonal or periodic flooding so that danger to life and property in those areas will be minimized.

(8)

Performance standards for use of property and location of structures thereon.

(D)

All regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. Each district shall designate the uses permitted in that district.

(Ord. 2018-24, passed 4-1-19)

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the protection, promotion and improvement of the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the community. It is not intended by this Chapter to interfere with, abrogate, or annul any easements, covenants, or other agreements between parties. However, where this Chapter imposes a greater restriction on the use of buildings or premises, or on the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this Chapter shall control. If, because of error or omission in the Zoning Map, any property in the Town is not shown as being in a zoning district, the classification of the property shall be R-1SF unless changed by amendment to the Zoning Map or by subsequent zoning ordinances.

(Ord. 2018-24, passed 4-1-19)

Except as otherwise provided, the following restriction shall apply:

No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as permitted in the district in which the building or land is located.

(Ord. 2018-24, passed 4-1-19)

The Local Government Comprehensive Planning Act of 1975, as amended by the Local Government Planning and Land Development Regulation Act, provide that adopted Comprehensive Plans have legal status, and that no public or private development be permitted except in conformity with that Comprehensive Plan. The above referenced acts also assign to local governments the responsibility for implementing adopted Comprehensive Plans by the adoption of land development regulations. All land development regulations enacted or amended, including this Zoning Code, shall be consistent with the Town's adopted Comprehensive Plan or elements, or portion thereof. In the event that the regulations of this Zoning Code are inconsistent with any provisions of the Town's Comprehensive Plan, the provisions of the Town's Comprehensive Plan shall govern.

(Ord. 2018-24, passed 4-1-19)

(A)

The official Zoning Map of the Town is hereby divided into zones or districts as shown on the official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter. The official Zoning Map shall be identified by the signature of the Mayor, attested by the Town Clerk, and bearing the seal of the Town under the following words: This is to certify that this is the Official Zoning Map referred to in Ordinance 2014-22 of the Town of Longboat Key, Florida, as may be amended from time to time.

(B)

The district boundary lines are intended generally to follow the centerlines of waterways and streets, existing lot lines, or municipal boundary lines, as shown on the Zoning Map; but where a district boundary line does not follow such a line, its position is shown on the Zoning Map by a specific dimension expressing its distance in feet from a street centerline or other boundary line as indicated. In case of uncertainty as to the true location of a district boundary line, the Planning and Zoning Official shall be responsible for interpreting the intent of the Zoning Map to determine such district boundary in accordance with the intent and purpose of this Code. All Zoning Map Amendment Petitions shall be referred to the Planning and Zoning Board.

(Ord. 2018-24, passed 4-1-19)