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West Park City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 42-1.- Purpose.

(a)

The purpose of this chapter is to promote public health, safety, morals, convenience, comfort, amenities, prosperity and general welfare of the community, and of a wholesome, serviceable and attractive city, by having regulations and restrictions that:

(1)

Increase the safety and security of home life;

(2)

Preserve and create a more favorable environment in which to rear children;

(3)

Develop permanent good citizenship;

(4)

Stabilize and enhance property and civic values;

(5)

Provide for a more uniformly just land-use pattern and tax assessment basis;

(6)

Facilitate adequate provisions for increased safety in traffic and for transportation, vehicular parking, parks, parkways, recreation, schools, public buildings, housing, light, air, water supply, sewerage, sanitation and other public requirements;

(7)

Lessen congestion, disorder and danger which often inhere in unregulated development;

(8)

Prevent overcrowding of land and undue concentration of population; and

(9)

Provide more reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends.

(b)

In order to more effectively protect and promote the general welfare and to accomplish the aims and purposes of this chapter, the city is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability or use, that are deemed most suitable to provide for the best general civic use, protect the common rights and interests of all, and to promote improved wholesome, sightly, harmonious and economic results in civic service, activities and operations; and by further regulations to limit the location, uses and occupancy of buildings, structures and land to be used for trade, industry, residence or other purposes, and also the location, height, bulk, occupancy and uses of buildings and other structures, including the percentage of plot occupancy and coverage, street setback lines, sizes of yards, and other open spaces.

(Ord. No. 2007-02, exh. A, § 1, 2-21-2007)

Sec. 42-2. - Scope.

This chapter governs the development and use of all land and structures within the corporate limits of the city.

(Ord. No. 2007-02, exh. A, § 2, 2-21-2007)

Sec. 42-3. - Appeals.

Appeal of a decision of the city commission concerning any rezoning, development of regional impact, or amendment to this chapter shall be by writ of certiorari to the circuit court pursuant to Florida Rules of Civil Procedure, within 30 days of the adoption of any ordinance amending this chapter, rezoning property or approving a development of regional impact.

(Ord. No. 2007-02, exh. A, § 23, 2-21-2007)

Sec. 42-4. - Zoning district maps.

(a)

The areas assigned to these districts, the designations of same, and the boundaries of said districts shown upon the maps attached to Ordinance No. 2007002 and made a part of this chapter are hereby established; said maps and the proper notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said maps were fully described herein.

(b)

Each district shall be subject to the regulations stipulated in this chapter.

(c)

The zoning map shall be amended from time to time.

(Ord. No. 2007-02, exh. A, § 8, 2-21-2007)

Editor's note— The maps referred to in this section are not printed herein but are on file in the city offices.

Sec. 42-5. - District boundaries.

(a)

Unless otherwise shown, the district boundaries are as defined in the resolutions and ordinances zoning the various properties in the city or the subdividing or boundary lines of recorded plats, or the extensions thereof. Where the districts designated on maps accompanying and made a part of this chapter are approximately bounded by expressways, highways, street lines or alley lines and the expressway, highway, street or alley is a district boundary between two or more different zoning districts, the district boundary line shall be the centerline of such expressway, highway, street or alley.

(b)

Where, due to the scale or illegibility of the district map, or due to the absence of an expressway, highway, street, alley or recorded subdividing or boundary line of a recorded plat, there is any uncertainty, contradiction or conflict as to the intended location of any district boundary, the city commission shall have the authority and duty of interpreting the intent of said district maps so as to determine and designate the proper location of such district boundary in accordance with the spirit and purpose of this chapter.

(c)

Water areas.

(1)

The water surface and the land under the water surface, of all canals, rivers, waterways, ponds, lakes and other water areas in the city not otherwise zoned are hereby placed in the same zoning district as the land which it abuts as shown on the zoning district maps. Where the zoning districts shown on the zoning district maps are different on opposite sides of the water area, then the kind of zoning district on each side shall extend to the centerline or midpoint of the water area.

(2)

For convenience of mapping and clarity, the zoning of water areas is not shown on the zoning district maps but is determined by the provisions of this section.

(d)

Districting of vacated ways. Where a street or alley shown on a zoning district map is hereafter officially vacated by replatting or otherwise, the land formerly in such street or alley right-of-way shall be included within the zoning district of adjoining property on either side of said vacated street or alley. In the event such street or alley was a district boundary between two or more different zoning districts, the new district boundary shall be the former centerline of such vacated street or alley.

(Ord. No. 2007-02, exh. A, § 9, 2-21-2007)

Sec. 42-6. - Regulation of unzoned property.

Any property which has not been placed in a zoning district, or which has not otherwise been zoned, is hereby classified as the most restrictive zoning district classification.

(Ord. No. 2007-02, exh. A, § 10, 2-21-2007)

Sec. 42-7. - Consistency with the land use plan.

Whenever the permitted uses or district regulations applicable to any zoning district allow a use that is not permitted by the applicable land use plan designation for the property, the provisions of the land use plan shall operate to prohibit those uses on that property as if such restrictions were fully set forth in this chapter. Where an existing lawful use of land or a structure is no longer permitted by the applicable land use plan restrictions, such use of land or structures shall be considered nonconforming, unless a contrary result is specifically provided for in the land use plan.

(Ord. No. 2007-02, exh. A, § 11, 2-21-2007)