(a)

Establishment of zoning districts. The incorporated land and water area of the city is hereby divided into zoning districts, as set forth in article II of this chapter and as shown on the Official Zoning Map.

(b)

General regulations.

(1)

Where standards and restrictions contained in this Land Development Code are in conflict with any other city codes or ordinances, the most restrictive shall prevail unless otherwise provided for in a development order issued by the city commission.

(2)

The regulations set forth for each district shall be strictly enforced in order to promote the public health, safety and welfare. Such regulations shall be applied uniformly throughout the district.

(3)

No premises shall hereafter be used or occupied and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

(4)

No part of a required yard, or other required open space, or off-street parking or loading space required for the purpose of complying with this Land Development Code shall be included as part of a yard, open space, or off-street parking or loading space also required for any off-site building or land use except where specifically provided for in this Land Development Code or in a development order issued by the city commission.

(5)

Except for approved cluster subdivisions or planned developments, no required yard or lot existing at the time of adoption of this Land Development Code shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which it is located. Required yards or lots created after the effective date of this Land Development Code shall meet the minimum requirements established herein.

(6)

Uses not designated as permitted by right, or accessory to those permitted by right, or allowed under a development order issued by the city commission shall be prohibited in that district. When the general use categories of business, personal, professional, and retail sales and services are listed as a permitted use, the planning director shall determine what uses constitute a similar use.

(7)

Where a use is not listed in any district, such use may be permitted in any district by special exception, subject to the following:

a.

A finding by the city commission that the use is a lawful use under the general laws of the state;

b.

A finding by the city commission that the use is consistent with the uses otherwise permitted in the district and/or existing in proximity to the site in question;

c.

A finding that permitting the use would be consistent with the general and specific purposes and objectives of the comprehensive plan and this Land Development Code; and

d.

Such conditions and restrictions as are deemed necessary by the city commission to ensure compatibility of the use with the overall character of the area within which the use is proposed and to ensure that the objectives of the comprehensive plan and this Land Development Code are met. Such conditions may include, but are not limited to, restrictions on the size and/or scope of the use, restrictions on its operation, and/or expiration of the special exception.

(c)

Official zoning map. The Official Zoning Map of the city, adopted on November 3, 2004, and as subsequently amended, shall be further amended to be consistent with this Land Development Code and the amended Official Zoning Map is hereby adopted and incorporated by reference and declared to be part of this Land Development Code. The Official Zoning Map is generated electronically using the city's geographic information system (GIS).

(1)

Identification of Official Zoning Map. The Official Zoning Map shall be lodged in the city clerk's office and shall be identified by the signature of the mayor of the city, attested to by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in chapter 2, article I of the Land Development Code."

(2)

Changes in district boundaries. If, in accordance with provisions of this Land Development Code, changes are made in district boundaries on the Official Zoning Map, such changes shall be recorded promptly on the city's GIS and map by inserting the date when the amendment was adopted, the ordinance number adopting the amendment, and the mayor's signature, attested to by the city clerk, in the spaces provided for such entries.

(3)

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

(4)

Retention of earlier zoning maps. All previous versions of the Official Zoning Map or portions thereof in effect at the time of adoption of this Land Development Code shall be retained by the city as a public record of the zoning status of the city at that time. From time to time, and as changes and amendments are made to the Official Zoning Map adopted by reference as part of this Land Development Code, a record of said official map, as it existed prior to such change, shall be retained by the city as a public record. In all instances where recorded copies of official maps are retained pursuant to this section, said copies shall be retained in at least two (2) different locations to safeguard against loss or damage.

(5)

Replacement of official map. Annually, at the first city commission in October, the planning department shall produce an updated consolidation (incorporating all revisions to the map sheets) of the Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the mayor, attested to by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted on the 3rd of November, 2004, as part of Ordinance No. 2004 of Ormond Beach, Florida." The prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

This section references adopted Future Land Use Map (FLUM) designations (see table 2-2) contained in the city's Future Land Use Element of the Comprehensive Plan and identifies zoning districts which are hereby established in order to implement the FLUM designations, respectively.

Table 2-2. Future Land Use Map Designations and Compatible Zoning Districts

(Ord. No. 2011-17, § 1, 7-5-2011; Ord. No. 2015-11, § 1, 4-7-2015; Ord. No. 2015-16, § 2, 4-21-2015; Ord. No. 2023-41 meeting, § 1, 8-1-2023; Ord. No. 2023-56 meeting, § 1, 12-19-2023)

(a)

Map amendment. No changes or amendments to the Official Zoning Map shall be made except in compliance and in conformity with all procedures set forth in this Land Development Code and the Florida Statutes. If changes or amendments are made to district boundaries or other subject matter portrayed on the Official Zoning Map, such changes or amendments shall be made promptly after official adoption of the change or amendment as provided for herein. The planning director shall be responsible for assuring that the physical updating and amendment of the Official Zoning Map is carried out in a timely manner.

(1)

Legislative decisions. Where a proposed rezoning entails the development of a general rule or policy, affects a large portion of the population, as opposed to a limited number of specific individuals within the city, it shall be considered to be legislative in nature and shall be enacted in accordance with legislative standards contained in the state constitution, the Florida Statutes, the city's comprehensive plan and this Land Development Code.

(2)

Quasi-judicial decisions. Where a proposed rezoning entails the application of a general rule or policy to a limited number of specific individuals, interests, or activities, effects a limited number of specific persons or property owners, and where the decision can be functionally viewed as policy application rather than policy setting, it shall be considered to be quasi-judicial in nature and the rules contained in this subsection shall apply. In a quasi-judicial matter, the city shall use a stricter standard of review. The property owner shall have the burden of proving that the rezoning proposal is consistent with the comprehensive plan and that it complies with all procedural requirements of this Land Development Code.

(b)

Burden of proof. Should the property owner prove these elements to the satisfaction of the city commission, the burden shifts to the city commission to demonstrate through competent substantial evidence that:

(1)

Maintenance of the existing zoning classification with respect to the property accomplishes a legitimate public purpose; and

(2)

Denial of rezoning approval is not arbitrary, discriminatory, or unreasonable. In rendering a decision, the city commission shall not be required to make a finding of fact. City commission action on a rezoning request for a limited number of persons or property owners shall be reviewable by petition for writ of certiorari in accordance with the Florida Rules Appellate Procedure.

In the event of any uncertainty as to the boundaries of districts as shown on the Official Zoning Map, the planning director shall make a determination as to the correct boundary based on the following criteria:

(1)

Boundaries approximately following streets, highways, alleys or rights-of-way. Boundaries indicated as approximately following the centerline of streets, highways, alleys, or rights-of-way shall be construed to follow such centerlines. In the event a right-of-way is vacated, the district boundary shall be construed as remaining in its location except when ownership of the vacated street is divided other than at the center, in which case the district boundary shall be construed as moving with the ownership.

(2)

Boundaries approximately following platted lot lines. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries approximately following city limits. Boundaries indicated as approximately following city limits shall be construed as following such city limits.

(4)

Boundaries approximately following railroad right-of-way lines. Boundaries indicated as following railroad right-of-way lines shall be construed to be in the centerline of such right-of-way.

(5)

Boundaries approximately following bulkhead lines, shore lines, creek beds or other water bodies. Boundaries indicated as following bulkhead lines or shore lines shall be construed to follow such bulkhead lines or shore lines, and in the event of change, the boundary line shall be construed as moving with the newly established bulkhead line or the actual shore lines; boundaries indicated as approximately following the centerlines of creeks, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(6)

Boundaries indicated as entering any body of water. Boundaries that are indicated as entering any body of water but not continuing to intersect with other zoning boundaries shall be construed to extend in the direction in which they enter the body of water until they intersect with the boundary line of another zoning district.

(7)

Boundaries approximately parallel to or extension of above features. Boundaries indicated as being parallel to or extensions of features indicated in subsection (6) of this section, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

(8)

Planning director to interpret boundaries in cases of variance between actual features and zoning map. Where the natural or manmade features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by subsections (1) through (7) of this section, the planning director shall interpret the district boundaries by scaling from the map.

(9)

District boundary dividing a lot. Where a district boundary divides a lot of record in single ownership at the time the boundary was established, and where the division makes impractical the use of the lot for a single permitted use, the extension of the regulations for either portion of the lot may be permitted, not to exceed fifty feet (50') beyond the district line into the remaining portion of the lot.

(a)

No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than a use permitted in the zoning district in which such building, land or water is located. No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied area, or higher density or intensity than is prescribed for such building or land within the zoning district regulations in which the building or land is located. No lot, which is now or which may be hereafter built upon shall be so reduced in area so that the yards and open spaces will be smaller than prescribed by this Land Development Code.

(b)

Organized or criminal gang, organized or criminal gang member, and organized or criminal gang associate, as defined in section 1-22 of this Land Development Code, are prohibited uses or activities in, on, or upon all land, property, buildings, structures, and businesses throughout the incorporated municipal boundaries of the city, and are prohibited uses or activities throughout the North U.S. 1 Highway Municipal Service Area established by that certain Interlocal Service Boundary Agreement between the city and County of Volusia which became effective on August 28, 2015, and which has been recorded at Book 7026, Pages 878 through 895 of the Public Records of Volusia County, Florida. In the event a city official who is responsible for administering, implementing or enforcing this Land Development Code has reasonable cause to believe any land, property, building, structure, or business is being used by an organized or criminal gang, or organized or criminal gang member or gang associate, then in such event the owner of, or other person having an equitable, beneficial or leasehold interest in, such land, property, building, structure, or business shall, upon request by the city official, produce proof or evidence sufficient to demonstrate that the land, property, building, structure, or business is not being used by an organized or criminal gang, or organized or criminal gang member or gang associate. A request for proof or evidence may include:

(1)

Inspection of the land, property, building, structure, or business.

(2)

Marketing or advertisement material.

(3)

Evidence of the utilization of goods, services, and wares by customers (e.g., sales receipts, receipts evidencing the delivery of goods, services, or wares, etc.).

(4)

Monthly sales tax remittance, quarterly Internal Revenue Code 941 filing, annual federal tax return, and/or other financial documentation that is deemed reasonable and appropriate under the circumstances.

(5)

Any other documentation reasonably related to a request for information to evaluate the use of such land, property, building, structure, or business.

A failure by an owner of, or other person having an equitable, beneficial or leasehold interest in, such land, property, building, structure, or business to produce or provide the information requested, within the time period prescribed in a written request, shall create a legal presumption that the land, property, building, structure, or business is being used by an organized or criminal gang, or to facilitate or permit unlawful activity or a violation of this Land Development Code or the Code of Ordinances, or for the assembly of organized or criminal gang members or associates. Any violation of the requirements or provisions in this Land Development Code may be enforced through the special magistrate code enforcement system as provided in chapter 2, article VII of the Code of Ordinances, or any other legal or equitable action or proceeding as provided by law. No enforcement remedy shall be the exclusive remedy, and any remedy may be exercised separately from or concurrent with any other remedy, including the revocation of any license, permit, or business tax receipt; and the remedies provided by section 14-103.5 of the Code of Ordinances. The prohibitions, remedies, and penalties against organized or criminal gangs, and organized or criminal gang members and gang associates shall be broadly construed and applied in favor of the city for the protection of the health, safety and welfare of the general public.

(Ord. No. 2015-35, § 2, 7-28-2015)