This chapter is known as the "Land Use and Development Code of the Town of Ponce Inlet, Florida." It is referred to in this article as "this chapter" or the "LUDC."

The purposes of the LUDC are to:

A.

Implement the town's charter and comprehensive plan as required by the Florida Statutes;

B.

Ensure that no use or development of land occurs unless it is consistent with the comprehensive plan;

C.

Provide the specific and detailed provisions necessary to implement the comprehensive plan;

D.

Promote the development and redevelopment of the riverfront area with high quality development that integrates a range of uses while honoring the historic and natural setting of the area, preserves and/or enhances recreational and commercial working waterfront uses, and maintains a viable waterfront economy;

E.

Encourage innovative land development techniques to improve quality of development;

F.

Ensure efficient development review with clear and understandable procedures and standards;

G.

Encourage the efficient use of available land in the town;

H.

Promote a balanced supply of residential, commercial, institutional, and water-oriented land uses that are compatible with adjacent land uses and have good access to transportation networks;

I.

Ensure adequate open space for light, air, and fire safety;

J.

Conserve the economic value of buildings and land;

K.

Facilitate the adequate provision of transportation, water, sewerage, parks, and other public requirements;

L.

Protect the historic resources of Ponce Inlet;

M.

Preserve the character and quality of residential neighborhoods;

N.

Preserve and protect existing trees and vegetation, floodplains, stream corridors, scenic views, water quality, wildlife habitat, gateways, and corridors, and other areas of scenic and environmental significance from adverse impacts of land development;

O.

Ensure greater public safety, convenience, and accessibility through the physical design and location of land-use activities;

P.

Enhance the quality of development through superior building and site design;

Q.

Require development to include an accessible system of recreational facilities, parks, trails, and open space that meets year-round neighborhood and community-wide needs; and

R.

Ensure that service demands of new development will not exceed the capabilities of existing streets, utilities, or other public facilities and services.

The LUDC is enacted pursuant to F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Act), the Charter of the Town of Ponce Inlet, and F.S. Chapter 166.

A.

This code applies within the corporate limits of the Town of Ponce Inlet, Florida.

B.

This code applies to all buildings, structures, lands, and uses over which the Town of Ponce Inlet has jurisdiction under the constitution and laws of the State of Florida and the United States.

C.

No building or structure may be erected, moved, altered, added to, or enlarged unless it complies with the LUDC.

D.

No land, building, or premises may be used, designated, or intended to be used except in compliance with the LUDC.

This code repeals the current Land Use and Development Code (Ordinance 92-04 and as amended).

The LUDC is not intended to repeal, abrogate, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the Volusia County public records.

If any requirement of the LUDC conflicts with any other requirement of the town, the more stringent requirement applies.

If any section, subsection, paragraph, sentence, clause, or phrase of the LUDC is held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of the LUDC continue in full force and effect.

Nothing in the LUDC is waives substantial compliance with the state's minimum standards and requirements for design and construction of public streets and roads, as described in the Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways, prepared by the Florida Department of Transportation, as amended.

The LUDC is effective immediately upon its adoption.