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Margate City Zoning Code

ARTICLE 1

- PURPOSE

40.100.- The Margate Unified Land Development Code.

The primary purpose of the Unified Land Development Code (ULDC) is the implementation of the City of Margate Comprehensive Plan, as adopted and amended pursuant to F.S. Ch. 163, Pt. II as may be amended from time to time. The City Commission of the City of Margate deems it necessary to adopt the ULDC for the following purposes:

(A)

Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the city.

(B)

Protecting, promoting and improving the public health, safety, comfort, order, appearance, convenience and general welfare.

(C)

Conserving the value of land, buildings and resources, and protecting landowners from adverse impacts of adjoining developments.

(D)

Protecting the character and maintaining the stability of residential, business, industrial and public areas.

(E)

Promoting the orderly development of residential, business, industrial and public areas.

(F)

Achieving a single set of land development regulations that is as simple and user-friendly as possible but still able to achieve development regulation.

(G)

Directing and controlling, through the establishment of standards, the type, distribution and intensity of development.

(H)

Balancing the interest of the general public and that of individual property owners.

40.101. - Purpose and intent.

(A)

The purpose of this article is to implement development review requirements of the City's Comprehensive Plan and the Broward County Land Use Plan; discourage haphazard land development; ensure that urban delivery services are not unduly overburdened by premature development; coordinate departmental review; and protect the health, safety and general welfare of the residents of the City.

(B)

City divided into districts. In order to more effectively protect and promote the general welfare and to accomplish the aims and purposes of this Code, the City of Margate is divided into districts of such number, shape, and area, and of such common unity of purpose, adaptability or use, that are deemed most suitable to provide for the best general use, and protect the common rights and interests of all by providing specific land development regulations.

(C)

Minimum requirements. The zoning regulations and districts set forth in this Code shall be considered the minimum requirements adopted for the promotion of health, safety, security, morals, comfort, prosperity and general welfare of the people of the City of Margate.

40.104. - General rules of interpretation.

(A)

Interpretation.

1.

In the interpretation and application of the ULDC all standards, criteria and requirements shall be liberally construed in favor of the purposes and goals of the City of Margate and deemed neither to limit nor repeal any other lawful regulatory powers of the city.

2.

Where this Code conflicts with or overlaps other regulations, whichever imposes the more stringent restrictions shall prevail.

3.

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of this ULDC, the director of development services shall be responsible for interpretation. The director shall rely upon the policies adopted or amended in the comprehensive plan in making any such interpretation.

(B)

Abrogation. This ULDC is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of Broward County. The ULDC is not intended to repeal any lawful approval by official city action of any site plan planned unit development or subdivision.

40.105. - Compliance.

(A)

The provisions of this article shall apply to all applications for development permits within the City, and no development permit shall be issued except in compliance with this article.

(B)

Scope. No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, or altered and maintained, and no existing use, new or change of use of any building, structure, or land or part thereof shall be made or continued, except in conformity with the provisions of this chapter.

40.106. - Severability.

(A)

The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give the authority to violate or cancel the provisions of this Code shall be valid except insofar as the work or use which it authorizes that is lawful.

(B)

The issuance of a permit upon plans and specifications shall not prevent the enforcing officer from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of this chapter, or any regulations of the City of Margate.

40.107. - Interpretation.

Where such conditions exist in present platted and recorded areas that strict conformance with lot width, depth, or area or setback requirements cause unnecessary difficulty in the practical utilization of a corner or an interior lot, the board of adjustment may make such alterations or deviations in the application of these requirements, as will in its judgments, permit the reasonable development and use of a specified lot in such a manner as to carry out the spirit and purpose of this chapter.