This Ordinance shall be entitled the "Tarpon Springs Comprehensive Zoning and Land Development Code" and may be referred to herein as the Code, the Land Development Code, or LDC.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

This Land Development Code is enacted pursuant to the requirements and authority of F.S. 163.3202, the City Charter and the general powers for municipal corporations in F.S. Ch. 166.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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 Tarpon Springs.

(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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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:

(A)

Future Land Use Map Series.

(B)

Future Land Use Element.

(C)

Historic Resources Element.

(D)

Utilities Element and all Sub-Elements.

(E)

Coastal Management and Conservation Element.

(F)

Traffic Circulation Element.

(G)

Capital Improvements Element.

(H)

Housing Element.

(I)

Recreation and Open Space Element.

(J)

Intergovernmental Coordination Element.

(K)

Plan Administration Element.

(Ord. 93-33, passed 10-19-93)

The provisions of this Code shall apply to all development activity within the municipal boundaries of the City of Tarpon Springs, Florida. No development activity, as defined herein, shall be undertaken without prior authorization pursuant to this Code.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(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 authorized prior to the effective date of this Code or application for building permit has been made and said permit is granted and 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 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 follow an approved Phasing Plan.

(B)

Any development activity that is excepted from the provisions of this Code pursuant to § 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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

This Code is not intended to abrogate any existing legally enforceable easement, covenant, or restriction duly recorded in the Public Records of Pinellas County.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

Where the provisions of this Code conflict with the requirements of any other regulation or provision of law, whichever imposes the more stringent provision shall prevail.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

(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 a specific gender shall apply to the masculine, 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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

Upon the effective date of this Code, Ordinance 799, Appendix A; Chapter 19; Sections 18-15, 18-16, 18-18, and 18-19; Chapter 16; Section 15-5; Chapter 14; Chapter 13, Sections 11-165 and 11-166; Section 8-1; Section 6-10; Chapter 6, Article VII and Article VIII; and Sections 3-5, 3-6, and 3-7 of the Code of Ordinances for the City of Tarpon Springs 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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

This Code shall take effect immediately upon adoption.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)

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.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-19-93)