This volume contains the City of Venice Land Development Regulations ("LDR"), as adopted by City Council on July 12, 2022.

The LDR has been printed as adopted and the original numbering system has been retained.

Obvious typographical errors have been corrected without notation; words or phrases added by the editor for purposes of clarification are enclosed in brackets.

Amendatory Legislation

A feature of this publication that is particularly useful is the Code Comparative Table. Any amendatory legislation may be located therein by number and date of enactment, and the sections or subsections amended will be listed. In addition, the sources of any amendments to the LDR are listed in a parenthetical history note following the amended section. The absence of such a note indicates that the section derives unamended from the LDR as originally adopted.

ORDINANCE NO. 2022-15

AN ORDINANCE OF THE CITY OF VENICE, FLORIDA, ADOPTING BY REFERENCE THE AMENDED AND RESTATED LAND DEVELOPMENT REGULATIONS FOR THE CITY OF VENICE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FINDINGS; ADOPTING BY REFERENCE THE FOLLOWING: PREFACE AND INTRODUCTION, CHAPTER 87, CHAPTER 88, CHAPTER 89, AND THE CITY OF VENICE ZONING MAP; PROVIDING FOR CODIFICATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the City Council has been presented with a proposed amended and restated City of Venice Land Development Regulations, including proposed Zoning Map, (collectively the "Restated Code") for adoption; and

WHEREAS, Section 163.3174(1), Florida Statutes, requires that the governing body of each local government in Florida shall designate and by ordinance establish a "local planning agency"; and

WHEREAS, the City of Venice Planning Commission has been duly designated in Section 86-23 of the existing Land Development Regulations as the local planning agency of the City; and

WHEREAS, Section 163.3174(4)(c), Florida Statutes, provides that the local planning agency shall review proposed land development regulations and make recommendations to the governing body as to the consistency of the proposed Land Development Regulations with the adopted Comprehensive Plan; and

WHEREAS, Section 86-23 of the existing Land Development Regulations authorizes the Planning Commission to review and recommend proposed amendments to the Land Development Regulations; and

WHEREAS, the Planning Commission, acting in its capacity as the City's local planning agency, has been presented with the proposed Restated Code; and

WHEREAS, the Planning Commission, acting in its capacity as the local planning agency, held duly noticed and advertised public hearings on April 19, 2022 and May 3, 2022, in accordance with Section 86-47 of the existing Land Development Regulations, to receive public comment on the Restated Code; and

WHEREAS, the Planning Commission, acting in its capacity as the local planning agency, at the May 3, 2022 public hearing, found the Restated Code to be consistent with the City of Venice Comprehensive Plan (the "Comprehensive Plan") and recommended that the City Council adopt the Restated Code as the Land Development Regulations and Zoning Map of the City; and

WHEREAS, City Council held two adoption public hearings on June 28, 2022, and July 12, 2022 to receive public comments, and considered the recommendation of the Planning Commission and the proposed Restated Code; and

WHEREAS, City Council has found and determined that the adoption of the Restated Code will foster and preserve the public health, safety and welfare and aid in the harmonious, orderly and progressive development of the City, and thus serve a valid public purpose.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF VENICE, FLORIDA, as follows:

Section 1. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Community Planning Act, Part II of Chapter 163, Florida Statutes.

Section 2. Findings. City Council hereby finds and determines that:

(a)

The findings set forth in the recitals to this Ordinance are true and correct.

(b)

The Planning Commission, acting in its capacity as the local planning agency for the City, held a public hearing on April 19, 2022 and May 3, 2022 to consider the Restated Code, found the Restated Code to be consistent with the Comprehensive Plan, and recommended that City Council adopt the Restated Code as the Land Development Regulations and Zoning Map of the City.

Section 3. Adoption of the Restated Code. The Restated Code attached to this Ordinance and incorporated herein by reference as Exhibits "A" through "E", is hereby adopted as the Land Development Regulations and official Zoning Map of the City, amending and restating the existing City of Venice Land Development Regulations and Zoning Map in their entirety. The Restated Code is understood to replace the City's existing Code of Ordinances, Subpart B, Land Development Regulations, specifically all of CHAPTER 86 LAND DEVELOPMENT CODE, CHAPTER 90 BUILDINGS AND BUILDING REGULATIONS, CHAPTER 94 CONCURRENCY MANAGEMENT, CHAPTER 98 FLOODS, CHAPTER 106 NATURAL RESOURCES, CHAPTER 118 TREE PRESERVATION, PROTECTION, AND REPLACEMENT, CHAPTER 122 ZONING, and the ZONING MAP. The Land Development Regulations shall consist of the Preface and Introduction, the following three Chapters, and the official Zoning Map, as set forth in the following five exhibits:

(a)

PREFACE AND INTRODUCTION (Exhibit "A");

(b)

CHAPTER 87, LAND DEVELOPMENT CODE (Exhibit "B");

(c)

CHAPTER 88, BUILDING REGULATIONS (Exhibit "C");

(d)

CHAPTER 89, ENVIRONMENTAL REGULATIONS (Exhibit "D"); and

(e)

ZONING MAP (Exhibit "E").

Section 4. Codification. The publisher of the City's Code of Ordinances, the Municipal Code Corporation, is directed to incorporate the Restated Code adopted by this Ordinance into the City's Code of Ordinances.

Section 5. Applicability. The Restated Code adopted by this Ordinance shall apply to all applications, decisions or controversies pending before the City upon the effective date hereof or filed or initiated thereafter.

Section 6. Severability. If any section, sentence, clause, or other provision of this Ordinance, or any provision of the Restated Code, shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining sections, sentences, clauses, or provisions of this Ordinance or the Restated Code, as the case may be.

Section 7. Effective Date. This Ordinance shall become effective as provided by law.

PASSED BY THE CITY COUNCIL OF THE CITY OF VENICE, FLORIDA THIS 12TH DAY OF JULY 2022.

First Reading: June 28, 2022

Second Reading: July 12, 2022

Adoption: July 12, 2022

ATTEST:

I, Kelly Michaels, MMC, City Clerk of the City of Venice, Florida, a municipal corporation in Sarasota County, Florida, do hereby certify that the foregoing is a full and complete, true and correct copy of an Ordinance duly adopted by the City of Venice Council, a meeting thereof duly convened and held on the 12 ^th day of July 2022, a quorum being present.

WITNESS my hand and the official seal of said City this 12 ^th day of July, 2022.

Approved as to form: