Purpose and Intent of the LDR

A.

The Land Development Regulations (LDR) are adopted to be consistent with and implement the City of Venice Comprehensive Plan as it may be amended from time to time, and to satisfy requirements for Land Development Regulations in F.S. § 163.3202.

1.

Chapter 87.Chapter 87, Land Development Code, establishes the regulations, procedures, and standards for reviewing and approving all development orders, development permits, and use of land within the incorporated area of the City. The Land Development Code is enacted to preserve, protect, and promote the general welfare of residents and businesses in the City and to provide orderly and controlled growth.

2.

Chapter 88.Chapter 88, Building Regulations, provides for the safe regulation of the construction, alteration, repair, equipment, use, occupancy, location, maintenance, removal or demolition of every building or structure or any appurtenances connected or attached to such buildings or structures within the City.

3.

Chapter 89.Chapter 89, Environmental Regulations, defines implementing regulations for environmentally oriented topics contained in the most recently adopted Comprehensive Plan, as amended. These topics include open space use and conservation, wildlife and habitat protection, wetland protection, mining impact considerations, coastal waterway management and protection, coastal high hazard development considerations, and conservation building design and development considerations.

B.

It is the intent of the LDR to establish an efficient, effective and equitable regulatory and procedural code relating to the use of land and development of the City. Specifically, the LDR is adopted to achieve the following objectives:

1.

Consistent with the Comprehensive Plan, promote the City's neighborhoods, vibrancy of its downtown and the capacity of its public infrastructure;

2.

Promote development patterns that will balance the economic, social, historical and environmental needs of the community and preserve a high quality of life for all residents;

3.

Improve the City's neighborhoods and provide a method for addressing development and redevelopment within the City;

4.

Regulate land use, building height, architectural standards, and compatibility;

5.

Consolidate and eliminate districts where feasible;

6.

Through the creation of Mixed Use Areas, develop zoning districts which utilize ideas and best practices of form based codes;

7.

Preserve vested development rights as outlined in Section 1.14: Vested Rights, of this LDR;

8.

Provide for the safe regulation of buildings and structures within the City; and

9.

Implement regulations for environmentally oriented topics.

C.

The Planning and Zoning Director (hereinafter referred to as the Director and as defined in Section 1 of Chapter 87) shall interpret the LDR and its application to land, and to activities permitted thereon unless otherwise specified. Similar to the Director's interpretive abilities granted by the Comprehensive Plan, the Director shall act as interpreter of the LDR in the event of any conflict or difference of meaning within the LDR. Appeals of the Director's interpretation shall follow the review process identified in Section 1.16 of Chapter 87.

D.

Use or Occupancy. No building, land, or water shall be constructed, altered, used, or occupied except in conformity with the regulations and standards of this LDR.

E.

Development Standards. No building or use may be established in any manner contrary to the regulations and standards of this LDR.

F.

Continuity of Zoning. If unincorporated territory is annexed into the City, the regulations of the Sarasota County Unified Development Code shall be administered and remain in full force and effect until the City adopts a comprehensive plan amendment that includes the annexed area.

Legal Provisions

A.

The official title of this document is the Land Development Regulations of the City of Venice, Florida and is referred to throughout this document as "The Land Development Regulations" or "LDR".

B.

The LDR shall apply to all lands, buildings, structures and uses located within the City of Venice, Florida and those specific areas identified within the Joint Planning Agreement and Interlocal Service Boundary Agreement (JPA/ILSBA).

C.

This LDR was adopted on July 12, 2022 and became effective on July 12, 2022 by Ordinance No. 2022-15.

D.

The requirements of the LDR shall be considered the minimum requirements for the promotion of the public health, safety and general welfare.

E.

This LDR is adopted and enacted pursuant to the requirements and authority of F.S. § 163.3202, the City of Venice Charter, and the general powers enumerated in F.S. Ch. 166. Whenever any provision of the LDR refers to or cites a section of F.S. or F.A.C. and that section is later amended or superseded, the LDR shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

F.

The LDR and each chapter, section, subsection, sentence and phrase are adopted regardless of whether one or more other portions of the LDR are declared invalid or unconstitutional.

G.

Terms not otherwise included as defined terms in the LDR shall be interpreted by reference to the relevant provisions of:

1.

The Comprehensive Plan; then

2.

F.S. § 163.3202, or other relevant and appropriate state statutes or administrative rules, if specifically defined therein; then

3.

The terminology adopted by city ordinances; then

4.

The terminology generally accepted by federal or state agencies; then

5.

The terminology generally accepted by the planning profession; and finally

6.

The latest edition of Webster's New Collegiate Dictionary.

Meanings of Words

A.

Whenever the context in which words are used in the LDR indicates that such is the intent, words in the singular number shall include the plural and vice versa and words in the masculine gender shall include the feminine and neuter genders and vice versa. All references to "herein", "hereunder" and words of like import shall refer, unless the context clearly requires otherwise, to this LDR, as distinct from the paragraph or section within which such term is located.

B.

The terms "shall", "should", "will", and "may" are included within the LDR and are understood to be used in the following manner:

Shall: Provisions or items that are mandatory.

Will: Declares a purpose to accomplish an item in the future.

Should/May: Items that are more flexible in nature; non-mandatory, but are either encouraged or permitted.

C.

Any reference to "City" shall mean "City of Venice."

D.

Any reference to "Comprehensive Plan" shall mean the most current version of the "City of Venice Comprehensive Plan."

E.

"And" indicates that all connected words or provisions apply.

F.

"Or" indicates that the connected words or provisions may apply singly or in any combination.

Graphic Illustrations

A.

Graphic illustrations, illustrative intents, and any photographic images used throughout this LDR are intended to graphically portray the regulatory standards and overall intents established throughout this LDR. Except where otherwise noted, these images are considered informational. Unless otherwise noted, where in conflict, numerical metrics/text of the LDR shall take precedence over graphic metrics.

Comprehensive Plan and Relationship to the Land Development Regulations

A.

The City's Comprehensive Plan was adopted pursuant to the requirements and authority of F.S. Ch. 166 and F.S. Ch. 163, pt. II, as amended. The purpose(s) of the Comprehensive Plan are defined in F.S. Ch. 163 and also within the Comprehensive Plan.

B.

The Comprehensive Plan serves as the guiding document to be implemented through this LDR.

C.

No development order shall be issued under the provisions of the LDR unless determined to be consistent with the Comprehensive Plan.

D.

In recognition of the legal significance of the Comprehensive Plan, and that the LDR shall be used to implement the Comprehensive Plan, land development applications (i.e., Section 1: Administration of this LDR) requiring public hearings shall be required to affirmatively establish the manner in which the development proposal and/or requested change in land use is consistent with the Comprehensive Plan.

Joint Planning and Interlocal Service Boundary Agreement (JPA/ILSBA)

A.

The City of Venice and Sarasota County have entered into a Joint Planning and Interlocal Service Boundary Agreement (JPA/ILSBA) which guides land use and development within certain areas adjacent to the City of Venice. The City shall coordinate planning and development practices in the JPA/ILSBA Planning Areas and Extra Jurisdictional Planning Areas with Sarasota County and private property owners in accordance with the JPA/ILSBA. The JPA/ILSBA is contained in the appendices of the Comprehensive Plan.

B.

The City has established the JPA/ILSBA planning areas with Sarasota County in the Future Land Use Element and Map Series to establish the means and process by which future annexations and planning activities will be accomplished. The JPA/ILSBA has and may continue to be amended from time to time.

Amendments to the Comprehensive Plan

A.

The Comprehensive Plan may be amended in accordance with this LDR, and the notice and hearing procedures as set forth in applicable Florida Statutes. The process to amend the Comprehensive Plan is defined in Section 1.5 of Chapter 87.

Vested Rights

A.

Nothing in this LDR or the Comprehensive Plan shall be construed or applied to result in a temporary or permanent taking of private property, or property rights, without due process of law. The vested rights process defined in Section 1.14: Vested Rights of Chapter 87 shall constitute due process of law for any situation in which a private property owner feels their property rights have been infringed upon due to the provisions of this LDR.

Transitional Provisions

A.

Applications for land development accepted by the City prior to the effective date of this ordinance shall be processed under the requirements of the land development ordinance in effect at the time of application. However, applicants shall be given the option to have applications processed under the requirements of this Ordinance No. 2022-15.

B.

Approved Binding Master Plans will remain in effect after the adoption of this Ordinance No. 2022-15 and shall retain all previously approved standards including, but not limited to: land use, density and intensity, open space percentage provisions, and any other specified development standards. Amendments to Binding Master Plans shall be processed under the effective regulations at the time of application for such amendment.

C.

All development orders existing before the 2017-2027 Comprehensive Plan's effective date may be completed in accordance with such existing development order, and the land uses, density and intensity, open space percentage provisions, and any other specified development standards approved by such development order will be vested without limitation or modification.

Prosecution under Previous Zoning Code

A.

Any prosecution arising from a violation of any prior zoning code, ordinance, or regulation of the City superseded by this LDR for which prosecution was pending at the effective date of this Ordinance No. 2022-15 shall be tried and determined exactly as if such prior zoning code, ordinance, or regulation had not been superseded. Likewise, any prosecution begun within one year after the effective date of this Ordinance No. 2022-15 for a violation committed prior to the effective date of this ordinance shall also be tried and determined exactly as if such prior zoning code, ordinance, or regulation had not been superseded.