The rules and regulations hereby adopted shall be known and cited as the "the City of Marathon Land Development Regulations or "the LDRs".

The City of Marathon Land Development Regulations are adopted by City ordinance, pursuant to the requirements and authority of Fla. Stat. ch. 163, Part II (the Local Government Comprehensive Planning and Land Development Regulation Act), the general powers confirmed in Fla. Stat. ch. 166 (Home Rules Powers Act) and the Constitution of the State of Florida.

The City has developed these land development regulations to implement the Comprehensive Plan and to protect the character, environment and viability through:

1. Protection of the small town family feel of the community;
2. Continued utilization of the established mixed-use pattern of the community;
3. Protection of the heritage of the commercial fishing industry;
4. Acknowledgement and protection of a character that is unique to the Keys;
5. Protection of existing and increased affordable housing opportunities;
6. Implementation of effective surface water management strategies;
7. Systematic removal of failing and inadequate on-site wastewater disposal systems;
8. Implementation and installation of a central wastewater facility;
9. Protection and enhancement of sensitive upland, wetland and submerged land habitat;
10. Protection for the existing uses, densities and intensities;
11. Providing new investment and reinvestment opportunities;
12. Ensuring new development and redevelopment protects the environment;
13. Ensuring new and redevelopment compliments and enhances community character; and
14. Implementation of thoughtful controlled growth.

The LDRs set forth regulations, requirements and procedures governing the use and development of land for the purpose of protecting the health, safety and general welfare of the residents of the City and to enhance the appearance, function and livability of the City, to the end of improving the overall quality of life within the community.

As required by Fla. Stat. 163.3202, the LDRs contain specific and detailed provisions which regulate the subdivision of land, the use of land and water, areas subject to flooding, environmentally sensitive lands, signage, and stormwater management. The LDRs also require that all development be reviewed for its impact on public facilities and services to ensure that adopted levels-of-service are maintained.

Except as specifically provided in this Article, the provisions of these LDRs shall apply to all development in the City.

Except as otherwise provided elsewhere in the LDRs, all applicable standards and requirements of the LDRs shall apply to all structures and uses within the City, including, but not limited to the construction, moving, placement, erection, or alteration of any building or structure; the use or occupancy of any building or land; the disturbance of any water; and the development and division of land.

All provisions, terms, phrases and expressions contained in the LDRs shall be liberally construed in order that the true intent and meaning of the City Council may be fully carried out.

1. Exceptions.
   1. Previously Issued Development Permits. The provisions of these land development regulations and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit prior to the date of these adopted regulations (which shall be February 13, 2007) and if:
      1. The development activity authorized by the permit has commenced prior to the effective date of these regulations or any amendment thereto or have/has commenced after the effective date of these regulations but within six (6) months of issuance of the building permit or development order.
      2. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of these regulations or amendment thereto.
   2. Previously Approved Development Orders. Unexpired development orders issued prior to the adoption of these LDRs or an amendment thereto, where development activity proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development order was approved. If the development order expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of these regulations or amendment thereto.
   3. Zoning in Progress, Applicability, Temporary Hold on Permits and Licenses.
      1. Purpose. The zoning in progress doctrine ("zoning in progress") generally allows the City to apply, on a retroactive basis, if necessary, changes to zoning regulations or to the zoning district status of property, to previously approved but not yet constructed or currently in process development applications. Additionally, the zoning in progress allows a temporary hold on permits and licenses if there is a change in zoning, which is already in progress, that would affect the permit or license.
      2. Initial adoption of Land Development Regulations. Zoning in progress shall be applied to the initial adoption of this section in the following manner:
         1. Zoning in progress shall not be applied to the extent that vested rights are established.
         2. Except with respect to impact fees or other exactions, i.e., affordable housing requirements, that may be imposed and for which building permits have not yet issued, zoning in progress shall not be applied to complete and pending applications for development permits which have been filed with the City before the adoption of the Ordinances.
         3. Zoning in progress shall apply to applications for development approvals, which were filed with City after the cut-off date established in [Subsection] (b) above. Upon the adoption of any impact fees or exactions, all applicants will be responsible for the remittance and/or provision or construction of same to the City, irrespective of time of filing of the application, up to and including to the time of issuance of a building permit.
         4. Zoning in progress shall not apply to the grant of any moratorium waiver specifically granted by the City Council.
      3. Future amendments to Land Development Regulations. When an amendment to the Land Development Regulations or in the application of any particular zoning district classification to land is being considered, the City may impose a temporary hold on any development applications pending before the City with respect to the area or the zoning regulatory text which is the subject of the amendment. The hold shall commence upon the date that notice of zoning in progress is published in a newspaper of general circulation in the City and shall continue in effect for a period from the date of notice until the subject change, with or without amendments, shall have been approved or disapproved by the City Council or for a period of three (3) months, whichever is sooner, unless such development application would be in conformity with the more restrictive of the existing zoning district status or the zoning district regulations as compared to the proposed zoning district status or zoning district regulations. An affected person may appeal the City staff's application of this provision to the City Council for review by the City Council by filing a notice of appeal with the City Manager.

The LDRs incorporate the requirements and regulations to implement the goals, objectives and policies of the Comprehensive Plan, and to ensure that all land development activities within the City are consistent with and further the objectives, policies, land uses, densities and intensities in the City's Comprehensive Plan (the "Plan").

It is recognized, however, that situations may arise in the daily administration and enforcement of the LDRs whereby strict interpretation and enforcement of the Code may be contrary to the goals, objectives and policies of the Plan. Such situations may arise due to changes in land development priorities or economics, new issues which were not anticipated at the time the LDRs were drafted and adopted, or the inability to meet competing goals through a single action. In these situations, the goals and policies of the Plan shall take precedence, and the LDRs shall be interpreted and administered consistent with the overall goals, objectives and policies of the Plan as interpreted by the City Council, until such time that the LDRs and/or Plan can be amended to resolve any conflict.

In the interpretation and administration of the LDRs, all provisions shall be:

1. Generally. In the interpretation and application of the LDRs all provisions shall be liberally construed in favor of the objectives and purposes of the City and deemed neither to limit nor repeal any other powers granted under State Statutes.
2. Delegation of Authority. Unless otherwise specified in the LDRs, the identification of certain officials, including the City Manager, Planning Director, City Attorney or any other Department Director or City Official to perform a task or carry out a specific responsibility, shall also include the designee of such official. Unless otherwise specified in the LDR, the term "Director" shall mean the Planning Director and the term "Department" shall mean the Planning Department.
3. Responsibility. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of the LDRs, the Director shall be responsible for interpretation and shall look to the plan for guidance. Responsibility for interpretation by the Director shall be limited to standards, regulations and requirements of the LDRs, but shall not be construed to include interpretation of any technical codes adopted by reference in the LDRs, and shall not be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of the LDRs.
4. Computation of Time. This is the time within which an act is to be done and shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday or legal holiday, the last day shall be the following first full workday. When the period of time prescribed or allowed shall be less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. A half-holiday shall be considered as any other day and not as a holiday.
5. Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.
6. Number. Words in the singular shall include the plural and words in the plural shall include the singular.
7. Shall, May. The word "shall" is mandatory; "may" is permissive.

The provisions of the LDRs shall be the minimum or maximum requirements, as applicable, adopted for the promotion of the public health, safety or general welfare.

Wherever any requirement of the LDRs conflicts with the requirements of any other regulation or ordinance, the most restrictive requirement, or that imposing the higher standards shall govern, unless otherwise specifically provided.

The issuance of a permit or approval by a federal or state agency, water management district, or other governing body shall not obligate City of Marathon to grant approval, and shall not be deemed to satisfy the requirements of the LDRs.

Where applicable, pursuant to Fla. Stat. ch. 380, the State Land Planning Agency has appeal authority over actions taken by the City.

The enforcement and interpretation of the LDRs shall not be affected by deed restrictions, covenants or easements, other than those made as a condition of approval of a development application under the LDRs or any predecessor ordinance.

It is hereby declared to be the intention of the City Council that if any section, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance but they shall remain in effect.

The following ordinances and sections of the Code are hereby repealed:

1. Chapter 9.5;
2. Chapter 19; and
3. Any other ordinance or part of an ordinance in conflict with the LDRs.

1. Creation and Adoption. The "Official Zoning Map of the City of Marathon, Florida," including all explanatory materials and information, is adopted by reference and made a part of this Chapter.
2. Location and Maintenance. The Official Zoning Map shall be located in the Department and maintained in a published version and format as determined by the Director.
3. Amendments. The Official Zoning Map may be amended as provided in Article 11 of Chapter 102, "Rezoning".