Safety Harbor City Zoning Code
ARTICLE I
GENERAL PROVISIONS
1.00 - Title.
This Ordinance shall be entitled the "Safety Harbor Comprehensive Zoning and Land Development Code" and may be referred to herein as the Code, the Land Development Code, or LDC.
2.00 - Authority.
This Land Development Code is enacted pursuant to the requirements and authority of Chapter 163.3202, Florida Statutes, the City Charter and the general powers for municipal corporations in Chapter 166, Florida Statutes.
3.00 - Purpose and intent.
This Ordinance is adopted to:
(A)
Promote and protect the public health, safety and general welfare of the residents and property owners of the City of Safety Harbor.
(B)
Implement the adopted Comprehensive Plan through a set of specific and detailed land development provisions.
(C)
Combine various types of City regulations and laws dealing with the development of land into one comprehensive land development code.
(D)
Guide the future growth, development, and redevelopment of the City.
(E)
Maintain and improve the quality of life in the City.
(F)
Establish a development review process to ensure compliance with the Code and consistency with the Comprehensive Plan.
4.00 - Relationship to Comprehensive Plan.
Land Development regulations shall be consistent with and implement the adopted Comprehensive Plan.
All requests for development order approval must comply with the Land Development Code, must further the adopted Comprehensive Plan, and shall be reviewed for consistency with the goals, objectives, and policies contained within the following elements of the adopted Comprehensive Plan:
(1)
Future Land Use Map.
(2)
Future Land Use Element.
(3)
Infrastructure Element.
(4)
Coastal Management and Conservation Element.
(5)
Transportation Element.
(6)
Capital Improvements Element.
(7)
Housing Element.
(8)
Recreation and Open Space Element.
(9)
Intergovernmental Coordination Element.
5.00 - Applicability.
5.01 General Applicability.
The provisions of this Code shall apply to all development activity within the municipal boundaries of the City of Safety Harbor, Florida. No development activity, as defined herein, shall be undertaken without prior authorization pursuant to this Code.
No building, structure, or land shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered except in conformity with the regulations herein specified for the zoning district in which it is located, and in conformity with all other applicable provisions of this Code.
(A)
The provisions of this Code and any subsequent amendments shall not affect the validity of any lawfully issued and effective construction permit or site plan approval if:
(1)
The development activity authorized by the permit has commenced or was authorized prior to the effective date of this Code and said permit does not expire. Extensions to said permit or site plan shall not be granted if there is conflict with any of the provisions of this Code; and
(2)
The development activity commences under the permit or approval obtained prior to the effective date of this Code and continues without interruption until the development is complete. If the construction permit expires, any further development activity shall occur only in conformance with the requirements of this Code. Interruption shall be defined as a cease in construction activity for a period greater than one year or a cease of construction activity which does not follow an approved Phasing Plan.
(3)
Application for building permit has been made prior to the effective date of this Code and said permit is granted and does not expire.
(B)
Any development activity that is excepted from the provision of this Code pursuant to Section 5.03 must meet only the requirements of the regulations in effect at the time the development order was approved. If the development order expires for any reason, any further development activity shall occur only in conformance with the requirements of this Code.
6.00 - Rules of Interpretation.
6.01 General Interpretation.
The interpretation and application of this Code shall be considered as the minimum requirements necessary to protect the public health, safety, and welfare; shall be liberally construed in favor of the City; and shall not be deemed to limit any other powers granted by state statute.
This Code is not intended to abrogate any existing legally enforceable easement, covenant, or restriction.
Where the provisions of this Code conflicts with the requirements of any other applicable regulation or provision of applicable law, whichever imposes the more stringent provision shall prevail.
6.04 Relationship of specific to general.
The more specific provisions of this Code shall be followed in lieu of more general provisions that are more lenient and conflict with the more specific provisions.
(A)
All time requirements shall be computed by excluding the first day and including the last day; except that if the last day is a Sunday or legal holiday that day shall be excluded.
(B)
The use of the plural shall include the singular, and vice versa.
(C)
Words imparting the masculine gender include the feminine and neuter.
(D)
The word "shall" is mandatory; "may" is permissive.
(E)
Words used in the past or present tense include the future as well.
(F)
The word "year" shall mean a calendar year, unless otherwise indicated.
(G)
The word "day" shall mean a calendar day, unless working day is indicated.
7.00 - Severability.
If any article, section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect, and the comparable provision or portion of the immediately preceding development regulations shall be in full force and effect, notwithstanding anything to the contrary contained in this Code.
8.00 - Repeal of prior provisions.
Upon the effective date of this Code, Ordinance 210, Comprehensive Zoning Regulations for the City of Safety Harbor, as amended; and Sections 2.36, 2.37, 2.38, 2.39, 2.40, 3.02, 3.03, 3.04, 7.33, Chapter 19, Sections 20.26, 20.27, 20.28, 20.29, 20.30, 20.31, 20.32, 20.33, 20.34, 20.35, 20.36, 20.37, 20.38, 20.39, 20.40, 20.41, 20.42, 20.43, 20.44, 20.45, 20.46, 20.47, 20.48, 20.49, 20.50, 20.51, 20.52, 20.53, 20.54, 20.55, 20.56, 20.57, 20.58, 20.59, 20.60, 20.61, 20.62, 20.63, 20.64, 20.65, 20.66, 20.67, 20.68, 20.69, 20.70, Chapter 21, Section 24.10, and Section 26.01 of the Safety Harbor City Code are hereby repealed, except as otherwise provided herein. In the event any portion of this Code is declared invalid, the comparable provision or portion of the immediately preceding development regulations shall be in full force and effect, notwithstanding anything to the contrary contained in this Code.
9.00 - Effective date.
This Code shall take effect immediately upon adoption.
10.00 - Copy on file; distribution.
A copy of this Code, as may be amended from time to time, shall be kept in the Planning and Zoning Department. Copies shall be made available for public sale.