This ordinance shall be known as the "Land Development Code." The provisions of this Land Development Code shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.

The purpose of the Land Development Code is to promote the orderly and efficient development of the City of St. Pete Beach, in accordance with the goals, objectives and policies of the Comprehensive Plan; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; promote or enhance aesthetics; to prevent the overcrowding of land; to avoid undue concentration of population; to protect natural and historic resources; and to facilitate adequate and concurrent provision of transportation, water, sewerage, parks and other public improvements, facilities and services.

These regulations have been made with reasonable consideration, among many things, as to the character of the districts hereinafter provided for, and their peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land, air and water throughout the city, consistent with the goals, objectives and policies of the Comprehensive Plan.

(Ord. No. 03-7, § 3, 5-1-03)

For the purposes of these regulations, the following rules of construction shall apply:

(a)

These regulations shall be construed to achieve the purposes and intent for which they are adopted.

(b)

In case of a conflict between the text of these regulations and any caption, figure, illustration, table, or map, the text of these regulations shall control. In case of a conflict between a chart and an illustration, the chart shall control. All illustrations included in these regulations are for illustrative purposes only.

(c)

In case of any conflict in limitations, restrictions, or standards applying to an individual use or structure, the more restrictive provisions shall apply.

(d)

The words "shall," "must," and "will," are mandatory in nature, implying an obligation or duty to comply with the particular provision.

(e)

The word "may" is permissive in nature.

(f)

Words used in the present tense include the future tense.

(g)

Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise.

(h)

Words used in the masculine gender include the feminine gender.

(i)

Any act authorized by these regulations to be carried out by a specific official or agency of the city is impliedly authorized to be carried out by a designee of such official or agency. Any transfer of duties to a different official impliedly transfers the authority to carry out acts under these regulations.

(j)

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.

(k)

Any words and terms not defined herein shall have the meaning indicated by common dictionary definition.

(l)

Any reference to Florida Statutes shall be construed to be a reference to the most recent enactment of such statute, and shall include any amendments as may from time to time be adopted.

(Ord. No. 03-7, § 3, 5-1-03)

(a)

Purposes. The regulations and restrictions herein prescribed are in furtherance of the general purposes set forth in section 1.1 and have the objectives of:

(1)

Reducing, or eliminating, elements of present and future harmful incompatibility between uses permitted in the same district or neighboring districts;

(2)

Segregating uses which cannot be made reasonably compatible into separate districts; and

(3)

Encouraging and promoting proper, orderly and efficient development of land according to the needs of the general public, as set forth in the goals, objectives and policies of the Comprehensive Plan.

(b)

Matters regulated. Matters regulated include, but are not limited to:

(1)

Use of land and water for residential, commercial and other uses;

(2)

Size of lots, yards and other spaces;

(3)

Maximum coverage of lots by buildings and other structures and uses;

(4)

Height, size, location, erection and construction, reconstruction, alteration and use of buildings and other structures;

(5)

Density of population and intensity of uses;

(6)

Provision of public facilities and services concurrent with the impacts of development; and

(7)

Protection of natural and historic resources.

(c)

Application of regulations. Except as hereinafter provided, no structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any structure or land be used or occupied which does not comply with all the regulations established by this ordinance for the district in which the building or land is located. No part of a yard, other open space, parking or loading space required for a building or use for the purpose of complying with the provisions of this ordinance shall be included as part of a yard, open space, parking or loading space similarly required for another building or use.

No building or use shall be relocated from one zoning lot to another or relocated to another location on the same zoning lot unless such building, structure or use shall thereafter conform to all of the applicable provisions of this ordinance and the provisions of Chapter 98 - Buildings and Building Regulations, of the St. Pete Beach Code of Ordinances.

In no case shall there be more than one main structure and the customary accessory structures on one lot when single-family residential is the principal use of the lot. No yard, or lot, now existing, or hereinafter created, shall be reduced in dimensions or area below the minimum requirements herein for the district in which it is located. No structure shall be erected on a lot heretofore or hereinafter reduced below minimum dimensions or area required by law, nor shall such lot be offered for sale or sold, except to used in such combination with adjacent lots as will produce conformity with the requirements of this ordinance, provided, however, this requirement shall not apply to a lot which was of record, either by plat or by deed describing the lot by metes and bounds or otherwise, in the office of the Clerk of the Circuit Court, Pinellas County, Florida, on August 1, 1972, being the date of final adoption of Ordinance 200 containing similar provisions.

Within each district, the regulations set forth herein shall be minimum regulations and shall apply to each class or kind of building or land. The regulations may specify the uses permitted, the uses permissible as conditional uses provided that reasonable requirements of a special nature are met to reduce or eliminate harmful incompatibility, the off-street parking and loading requirements for each use, and identify the uses or characteristics of uses that are prohibited.

(d)

Calculation of residential and transient accommodation densities. Maximum residential and transient accommodation densities within the applicable zoning district regulations, when calculated by multiplying the lot area by the number of units per acre permitted results in any fractional unit, are always rounded downward to the next whole number. This provision shall not be subject to any variance granting authority provided elsewhere within the St. Pete Beach Code of Ordinances.

(e)

Schedule of district regulations. Except for regulations applying to more than one zoning district which appear in the supplemental regulations herein and elsewhere, regulations for the individual districts appear in the specific district regulations divisions.

(Ord. No. 03-7, § 3, 5-1-03)

Wherever higher or more restrictive standards are established by the provisions of any other applicable statute, ordinance or regulation than are established by the provisions of this ordinance, those regulations shall govern. This ordinance is not intended to interfere with, abrogate or annul any easement, covenant or other agreements between parties, except that if this ordinance imposes greater restriction, this ordinance shall control.

(Ord. No. 03-7, § 3, 5-1-03)

Should any section or provision of this Land Development Code be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of these regulations as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. No. 03-7, § 3, 5-1-03)

This ordinance shall become effective immediately upon its final adoption.

(Ord. No. 03-7, § 3, 5-1-03)

The Official Zoning Map of the City of St. Pete Beach, Florida, and incorporated herein by reference, is hereby adopted as part of this ordinance and shall be maintained in the office of the city clerk and not henceforth reproduced as part of this ordinance. A copy of the official zoning map may be purchased.

(Ord. No. 03-7, § 3, 5-1-03)

(a)

Transition period. Where a complete application for development approval is pending on the effective date of these regulations, the provisions of the regulations in effect when the application was filed shall govern the review and approval of the application for development approval. If such application is approved within six months of the date of adoption of these regulations, then the applicant shall be entitled to complete the development, provided that construction begins within six months of the issuance of such approval and is diligently pursued to completion. For the purposes of this section, "diligently pursued" shall mean that following the commencement of construction, there shall be ongoing construction activity to completion with no periods of inactivity exceeding 14 consecutive days.

(b)

Existing unlawful uses and structures. A nonconforming structure or use lawfully existing, pursuant to the prior ordinance, at the time of the adoption of these regulations is hereby deemed lawful as of that date only if it conforms with all of the requirements of these regulations. However, if such structure or use does not conform with all of the requirements of these regulations, then such structure or use remains nonconforming hereunder.

(c)

Existing permitted uses. When a lot is used lawfully on the effective date of these regulations and the district regulations of this chapter classifies such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed to be a lawful permitted use for the purposes of these regulations.

(d)

Existing special exceptions (conditional uses). When a lot is used lawfully on the effective date of these regulations and the district regulations of this chapter classifies such use as a "conditional use" in the zoning district in which it is located, such use is hereby deemed to be a lawful conditional use for the purposes of these regulations. If the use was approved as a special exception prior to the effective date of these regulations and if the approval of such special exception was subject to one or more conditions, those conditions shall continue in full force and effect unless a new conditional use approval is obtained in accordance with Division 4 of these regulations. Such previously approved special exceptions shall not be subject to the revocation provision of section 4.11.

(e)

Abandoned previously established special exceptions. Not withstanding the provisions of paragraph (d) above, any previously granted special exception use not in operation on the date of the adoption of these regulations shall be considered to have been voluntarily abandoned, and no such use shall be re-established without a new conditional use approval, provided such use is permitted as a conditional use within the district in which the property is located. Otherwise, such use may not be re-established.

(f)

Additions to, expansions or alterations of, or changes of use in existing special exception uses. Any addition to or expansion of a previously approved special exception, which is now considered a conditional use, shall require new conditional use approval in accordance with the procedures and standards set forth in Division 4 of these regulations for new conditional uses. Any change in a lawful conditional use to a new use shall be permitted only if these regulations classify the new use as a permitted use or a conditional use in the zoning district in which it is located, and only in accordance with the approval procedures set forth in these regulations for such use.

(g)

Previously granted variances. All variances granted prior to the effective date of these regulations, and any conditions attached thereto, shall remain in full force and effect, and the recipient of the variance may proceed to develop the property in accordance with the plans previously approved. However, if the recipient of the variance has failed to commence construction before the variance expires, the provisions of these regulations shall govern.

(h)

Final site and development plans. In the event a final site and development plan has been approved by the city commission prior to the effective date of these regulations, and has automatically expired pursuant to the prior Land Development Code, then a new site plan approval in accordance with the procedures and standards set forth in Division 4 of these regulations is required. In the event a final site and development plan or development plan has been approved by the city commission and would be eligible to request a time extension for validity under the prior regulations, then the city commission may extend the approval for one additional two-year period in accordance with the procedures and requirements of these regulations. In either event, there shall be no requirement to rezone the property to its former district if and when the previously approved final site and development plan or development plan expires and the provisions of these regulations pertaining to expiration of rezonings shall be applicable.

(Ord. No. 03-7, § 3, 5-1-03)

This ordinance repeals the following chapters, articles and sections of the St. Pete Beach Code of Ordinances:

(a)

Chapter 126, Subdivisions, of the Code of Ordinances;

(b)

Chapter 134, Zoning, of the Code of Ordinances;

(c)

Article II, Trees, of Chapter 130 of the Code of Ordinances;

(d)

Article III, Coastal Construction and Excavation, of Chapter 98 and sections 98-96 through 98-98 of the Code of Ordinances;

(e)

Article II, Development, Maintenance and Preservation of Dunes, of Chapter 114 of the Code of Ordinances;

(f)

Any other section or ordinance that is in conflict with the terms of this Land Development Code.

(Ord. No. 03-7, § 3, 5-1-03)