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Naples City Zoning Code

ARTICLE I.

IN GENERAL

Sec. 58-1.- Districts established; official zoning map.

(a)

Establishment of districts. The incorporated land and water area of the city is hereby divided into zones or districts as set out in this chapter and as shown on the official zoning map or atlas. The official zoning map or atlas, together with all explanatory matter thereon, is hereby adopted and incorporated by reference, and declared to be a part of this land development code.

(b)

Zoning map. The official zoning map or atlas, the latter comprised of individual map sheets, shall bear the date of its adoption and the signature of the mayor, attested to by the city clerk. The boundaries of each district shall be shown on the official zoning map or atlas and the district symbol or symbols as set out in this land development code shall be used to designate each district.

(c)

Zoning district boundary changes. After the amendment has been approved by the city council, changes in district boundaries shall be entered on the official zoning map or on the appropriate map sheets of the official zoning atlas promptly. An entry shall be made on the official zoning map or atlas sheets stating the date, the change, and a brief description or nature of the change signed by the mayor and attested to by the city clerk.

(d)

Authority as to current zoning status. Regardless of the existence of purported copies of the official zoning map or atlas which may be made or published, the official zoning map or atlas shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city, and shall supersede and replace any and all previously adopted zoning maps or atlases. The city clerk shall be custodian of the official zoning map or atlas.

(Comp. Dev. Code 1990, § 7-1; Code 1994, § 102-1)

Sec. 58-2. - Interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map or atlas, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of public or private rights-of-way shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines as they exist at the time of the establishment of the district boundary.

(3)

Boundaries indicated as approximately following city limits shall be construed as following city limits as they existed at the time of the establishment of the district boundary.

(4)

Boundaries indicated as following a shoreline shall be construed to follow such shoreline, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

(5)

Submerged lands, including waters over such submerged land, unless specifically zoned otherwise, are to be construed as being zoned the same as the abutting upland.

(6)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) of this section shall be so construed. Distances not specifically indicated on the official zoning map or atlas shall be determined by the scale of the map or atlas.

(7)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map or atlas, or in other circumstances not covered by subsections (1) through (6) of this section, the city manager shall interpret the district boundaries.

(Comp. Dev. Code 1990, § 7-2; Code 1994, § 102-2)

Sec. 58-3. - Application of district regulations.

The following regulations apply except as otherwise provided in this chapter:

(1)

Conformity with zoning regulations. No building, structure, land or water shall hereafter be used or occupied, and no building or structure, or part thereof, shall be hereafter erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all applicable zoning regulations.

(2)

Limitations on buildings. No building or other structure shall hereafter be erected or altered:

a.

To exceed the height specified in this chapter.

b.

To accommodate or house a greater number of families than that specified in this chapter.

c.

To have lesser yards or other open spaces than required in this chapter, or in any other manner be contrary to the provisions of this chapter.

(3)

Requirements for each building. No part of a yard or other open space, or off-street parking or loading space, required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space required for any other building.

(4)

Reduction of yard or lot area. No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in size or area below the minimum requirements set forth in this chapter. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least minimum requirements established by this chapter.

(5)

Determination of required yards for waterfront lots. On waterfront lots, the shoreline shall be construed to be the property line for the purpose of determining minimum required waterfront yards. The coastal area setback line, if greater, shall take precedence over setbacks listed in individual districts.

(6)

Property in 2 zoning districts. When a parcel of property is crossed by a zoning district boundary and thus lies in 2 zoning districts, any development must conform to the most restrictive lot area, lot width, building setback and similar regulations if the proposed development crosses the zone line.

(7)

Minimum regulations. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

(8)

Private covenants. All requirements of this chapter must be complied with regardless of the existence of valid private covenants, agreements or restrictions on the use of lands or structures, but this chapter does not nullify such private covenants, agreements or restrictions as may have been lawfully established.

(Comp. Dev. Code 1990, § 7-3; Code 1994, § 102-3)