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South Daytona City Zoning Code

Sec. 5.4

Application of district regulations.

A.

Zoning affects all land, buildings and structures. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located, or as otherwise provided for in this article or the nonconforming provisions of the City Code.

B.

Buildings shall conform to code requirements. No building or other structure shall hereafter be erected or altered, except for repair work on nonconforming structures:

1.

To exceed the height, bulk, or floor area,

2.

To provide a greater number of dwelling units,

3.

To occupy a greater percentage of lot area,

4.

To have narrower or smaller rear yards, front yards or side yards,

5.

To provide less lot area per dwelling unit or to occupy a smaller lot, or

6.

Provide a lesser separation between buildings or portion of buildings, than therein required or in any manner contrary to the provisions of this Code.

C.

Multiple use of required space prohibited. 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 Code shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building, except as specifically provided for in this Code.

D.

Reduction of lot area prohibited. No yard or lot existing at the time of passage of this Code shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which it is located. Yards or lots created after the effective date of this Code shall meet the minimum requirements established by this Code.

E.

Uses not permitted by right. Uses not designated as permitted by right, allowed by special exception or as a special use, or accessory to these uses, shall be prohibited from that district except for special event permit uses elsewhere provided for in this Code. If a question arises as to the interpretation of any permitted uses, such interpretation shall be made by the city manager and/or administrative official or, at his request, by the city council directly.

F.

Effect on previously approved and existing developments. Any site plan or subdivision approved by the city prior to the effective date of this Code may be developed under the dimensional requirements in effect at the time of approval. However, if construction of such a development does not commence within the time period specified by the city, the administrative official shall review the final site plans, and may require conformance with any or all current development standards.