This document shall be titled the "City of Stuart Land Development Code."

This Code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act), as amended; the City Charter effective March 25, 1991, as amended; and the general powers in F.S. § 166.021. Nothing in this Code shall be construed to authorize development that is inconsistent with the City of Stuart Comprehensive Plan.

As this Land Development Code is intended to fully implement the comprehensive plan, a determination of consistency with the adopted City of Stuart Comprehensive Plan shall not be required. However, if the consistency of a proposed development with the comprehensive plan is challenged, a specific determination and finding of consistency shall be required of the city development director.

A.

Implementation of the plan. The primary purpose of the Code is the implementation of the Stuart Comprehensive Plan, as adopted pursuant to F.S. ch. 163, pt. II, and in accordance with the Florida Administrative Code.

B.

Purposes. The city commission of the City of Stuart deems it necessary to adopt the Code to accomplish the following purposes:

1.

Guiding and accomplishing coordinated and harmonious development in accordance with the existing and future needs of the city.

2.

Protecting, promoting, and improving the public health, safety, and general welfare.

3.

Balancing the interest of the general public in Stuart and that of individual property owners and protecting landowners from adverse impacts of surrounding developments.

4.

Protecting the character, maintaining the stability, and promoting the orderly development of residential, agricultural, business, industrial, recreation, and public areas.

5.

Controlling and regulating the growth of the city, through the establishment of appropriate standards, including the type, distribution and intensity of development, consistent with the future land use element of the comprehensive plan.

6.

Protecting the city's tax base by enhancing business opportunities and increasing property values through promoting quality improvements, infill development, and redevelopment;

7.

Preserving and protecting the city's natural resources, such as floodplains, environmentally sensitive lands, and potable water well fields.

A.

Statutory requirement. F.S. ch. 163 requires each Florida local government to enact a single land development code which implements, is consistent with the local comprehensive plan, and which contains all land development regulations for the jurisdiction. This Code is designed to meet that requirement for the City of Stuart.

B.

General public need. The city commission of the city finds that controlling the location, design and construction of development within Stuart is necessary to maintain and improve the quality of life. The city commission of the City of Stuart further finds:

1.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

2.

All development proposals must undergo a development review process to assure compliance with the requirements of this Code.

3.

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

4.

A quick and efficient avenue of appeal should be available for all ministerial and administrative decisions.

5.

Enforcement of development permits and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

The provisions of this Code shall apply to the City of Stuart.

A.

No development shall be undertaken without prior authorization pursuant to the provisions of this Code.

B.

No building shall exceed four stories and 45 feet in height, except as otherwise provided within this Code.

C.

Development shall not exceed the established density requirements, except as otherwise provided within of this Code.

D.

Occupancy of all structures shall comply with provisions established herein.

E.

Only one principal building. Every building or structure hereafter erected in an R-1A, R-1, or R-2 zoning district shall be located on a lot or tract as defined in chapter XII of this Code; and in no case shall there be more than one principal building on one lot, plus its accessory structures.

F.

Street frontage. No building shall hereafter be erected on a lot which does not abut or have immediate frontage on a publicly dedicated, publicly approved, or publicly maintained street.

G.

On-site and off-site improvements. With the exception of infill single-family and duplex development, all other development shall be reviewed for adverse traffic impact by the city development department. If it is determined upon review that there exists reasonable grounds to believe that specific improvements are needed to accommodate the perceived adverse traffic impact of the development, such specified improvements shall be included as condition of approval and completed prior to certificate of occupancy. Such improvements are defined as, but not limited to, roads, alleyways, sidewalks or curbing, drainage structures, acceleration and deceleration lanes, traffic control devices including signalization, directional signs, regulatory or any other device or construction for the benefit of the public.

A.

Previously issued development permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if a permit was issued for the development activity prior to October 18, 2010, provided further that the development activity continues without interruption until the development is complete, or permit extension(s) are obtained. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code.

(1)

Purpose. The purpose of zoning in progress is to allow the city to make a text amendment or district map change to the Stuart Land Development Code, and apply that change to development applications submitted following the declaration of zoning in progress. Additionally, zoning in progress allows a temporary hold on permits, licenses and other development orders already in progress, if there is a pending change in the Land Development Code that would affect the permit, license or other development order.

(2)

No permits issued; and period of time. During the period of time that the land planning agency or the city commission is considering either a text amendment or a change of zoning district to the Stuart Land Development Code, no plans, permit(s), license(s), or other development order(s) of any kind shall be issued if issuance would result in the nonconforming or unlawful use of the subject property in the event that the text amendment or zoning district change be enacted by the city commission (freeze period). The maximum freeze period allowed for zoning in progress shall be three months, except that the city commission may extend the period for up to an additional three months for good cause, and upon making a finding that it is in the public interest to do so.

(3)

Notice of declaration. The declaration of zoning in progress, and the freeze period on development orders, permits and licenses shall begin on the earlier of:

(a)

Publication of a notice of a public hearing before the city commission to consider a resolution declaring zoning in progress; or

(b)

Publication of a notice of a public hearing before the local planning agency on a text amendment or zoning district change, which notice also includes a notice of zoning in progress.

(4)

Applicability.

(a)

Upon adoption of a text amendment or district map change, all pending applications, permits, licenses, and other development orders shall conform to the new provisions.

(b)

Notwithstanding anything contained in this section to the contrary, no application for a text amendment to the Code, or map rezoning, plan approval, permit, or other development order shall be held up by this procedure for more than a total of six months, including all time periods described herein. Any such approval shall be deemed granted, if so affected, except as provided in subsection (c) below.

(c)

Where an affected property owner requests a postponement or other delay of an application, such period of delay shall toll the running of the freeze period.

(d)

If it is determined by the city development director that an application for a text amendment or map rezoning, plan, permit, license, or other development order would not violate the provisions of a pending zoning measure, such application, shall be exempt from this section.

(Ord. No. 2056-05, § 1, 11-28-05)

The approximate boundaries of the zoning districts, special districts, overlay zones, Old Downtown District, and Formula Business District, of the City of Stuart are shown on the map entitled "Official Zoning Map, City of Stuart, Florida," dated and certified by the city clerk. Said map is hereby incorporated into and made a part of this Code by reference.

Regardless of the existence of copies of the zoning map which may from time to time be made or published, the official zoning map of the City of Stuart, Florida, in the office of the city clerk shall be the final authority for zoning districts in the city.

In interpreting and applying the provisions of this Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare of the community. In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of the City of Stuart and deemed neither to limit nor repeal any other powers granted under state statutes.

It is not intended by this Code to interfere with or abrogate or annul any easements, covenants or other agreements between parties.

Where this Code imposes a greater restriction upon the use of buildings or premises or upon the height of buildings; or requires larger open spaces than are imposed or required by other laws, ordinances, rules, regulations, or by easements, covenants or agreements, the provision of this Code shall control.

A.

Responsibility. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the city development director shall be responsible for interpretation and shall look to the City of Stuart Comprehensive Plan for guidance. Responsibility for interpretation by the city development director shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

B.

Interpretation of district boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the "Official Zoning Map, City of Stuart, Florida," the following rules shall apply:

1.

Where district boundaries are indicated as approximately following the centerlines of streets or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

2.

Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.

3.

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines of highway right-of-way, such district boundaries shall be construed to being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such distance shall be determined by the use of the scale on said zoning map.

4.

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.

5.

Where district boundaries are indicated that they approximately follow shorelines, the mean high water line of shorelines shall be construed to be such boundaries.

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 legal holiday, that day shall be excluded.

Whenever a provision appears requiring a city officer to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision specify otherwise.

More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.