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Saint Petersburg City Zoning Code

SECTION 16

02.- COMPREHENSIVE PLAN2

Sections:


Footnotes:
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State Law reference— Planning and development, F.S. ch. 186 et seq.; Local Government Comprehensive Planning and Land Development Regulation Act, F.S. § 163.3161 et seq.


16.02.010.- Purpose and intent.

A.

It is hereby declared that the purpose and intent of the Comprehensive Plan and this chapter is to encourage the most appropriate use of land, water, and resources consistent with the public interest; and deal effectively with future problems which may result from the use and development of land within the City; to preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; prevent the overcrowding of land and avoid undue concentration of populations; facilitate the adequate and efficient provision of transportation, water, sewerage, parks and recreation facilities, solid waste, drainage, and other services; and conserve, appropriately develop, utilize, and protect natural and historic resources; to adequately plan for and guide growth and development within the City, to coordinate local decisions relating to growth and development and to ensure that the existing rights of property owners be preserved in accord with the constitutions of the State and of the United States.

B.

The provisions of the plan, its elements, and its sub-elements are declared to be the minimum requirements necessary to accomplish the aforesaid stated intent, purpose and objectives, and they are declared to be the minimum requirements to maintain, through orderly growth and development, the character and stability of present and future land use and development within the City. Nothing in the plan is to be construed to limit the powers and authority of the City Council to enact ordinances, rules or regulations that are more restrictive than the provisions of this chapter.

C.

Nothing in the plan, or in the Land Development Regulations adopted consistent with its requirements, shall be construed or applied so as to result in an unconstitutional temporary or permanent taking of private property or the abrogation of validly existing vested rights.

(Code 1992, § 16.02.010)

16.02.020. - Adoption.

The Comprehensive Plan, as amended, has been adopted in conformance with, and pursuant to, provisions of the Community Planning Act (F.S. § 163.3161 et seq.), (hereinafter the plan).

(Code 1992, § 16.02.020; Ord. No. 203-H, § 24, 11-23-2015)

16.02.030. - Administration.

The Mayor shall be responsible for the general administration of the plan. The POD shall be responsible for reviewing all ordinances to identify those which pertain to land development for submission to the Land Development Regulation Commission for review, consideration and recommendation to the City Council. The POD shall be responsible for evaluating all development orders pursuant to the plan and shall assign duties to the appropriate divisions of the development services department to fulfill this responsibility.

(Code 1992, § 16.02.030)

16.02.040. - Contents.

The plan consists of the major findings; goals, objectives, and policies; plan summaries; monitoring and evaluation procedures; citizen participation process; plan format; population forecasts; plan administration; and definitions, as set forth in the plan which is attached to Ordinance No. 1143-F as attachment B, as amended.

(Code 1992, § 16.02.046; Ord. No. 985-G, § 3, 7-15-2010)

16.02.050. - Legal status.

A.

After and from the effective date of Ordinance No. 1143-F, all development undertaken by and all actions taken in regard to development orders of the City Council shall be consistent with the plan.

B.

The City Council shall be the sole authority for enacting or implementing the provisions of the plan, unless otherwise delegated to a specific designee.

C.

All Land Development Regulations enacted or amended shall be consistent with the plan, and any Land Development Regulations which are not consistent with the plan shall be amended so as to be consistent.

D.

The plan shall have the legal status set forth in F.S. § 163.3194. No public or private development of land within the City shall be permitted, except in conformity with the plan.

E.

The plan is consistent with the countywide plan and the Land Development Regulations are consistent with the rules concerning the administration of the countywide future land use plan (the countywide rules).

(Code 1992, § 16.02.050; Ord. No. 985-G, § 4, 7-15-2010)

16.02.060. - Severability.

A.

If any section, paragraph, subdivision, clause, sentence, or provision of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this chapter. The effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered.

B.

In the event that the entire plan for the City shall be adjudged by any court of competent jurisdiction to be invalid, the amendment of the previously existing Comprehensive Plan shall be deemed invalid. The preceding, unamended Comprehensive Plan shall stand as the Comprehensive Plan for the City.

(Code 1992, § 16.02.060)