These regulations shall be known and cited as the "City of Wilton Manors, Florida, Unified Land Development Regulations" and may also be referred to or cited as the "ULDRs."

The purpose of these regulations is to encourage and promote, in accordance with present and future needs, the health, safety, order, convenience, prosperity and general welfare of the citizens of the City of Wilton Manors; and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for preservation, protection, development and conservation of the natural resources of land, water and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for public utilities and facilities, for promotion of the civic amenities of beauty and visual interest, and for development in accord with the comprehensive development plan by establishing zoning districts and land development regulations, and by regulating the location and use of buildings, signs and other structures, water and land for commerce, industry, community facilities and residence, and by regulating and limiting or determining the height, bulk and access to light and air of buildings and structures, the area of yards and other open spaces and the density of use.

Except as hereinafter provided, no land or water area, nor building or structure, may be used unless it is for a purpose permitted in the district in which it is located, and in accordance with area and dimensional requirements, off-street parking and loading, open space, pervious area, height, bulk, design, and all other provisions of the ULDR regulating the development of land. Furthermore, no building shall be erected, converted, enlarged, reconstructed, moved, or structurally altered except in conformance with these regulations.

When plans and specifications are submitted to the Department for a permit to erect a residence in a single-family zoning district, and should such plans and specifications, in the opinion of the Director, be of a structure which might be used as a rooming or boarding house, duplex, or apartment house, or could easily be modified to serve such purpose, or that the plumbing, gas lines or electric wiring, other than installed in the kitchen, may be used for purposes other than for the ordinary use of single-family residence, then the Director shall have the right to refuse to issue a building permit therefore. Appeals from the decision of the Director may be made to the City Commission.

(Ord. No. 2014-007, § 6, 12-9-14)

An action taken or comment made by any City employee regarding a development for which approval by the City Commission is required is not binding upon the City Commission in its review of the application for a development permit; nor does it carry with it any right to approval of the development permit applications.

(Ord. No. 848, 10-14-03)

No permit or license shall be issued for any building or for the use of any premises, which would violate any of the provisions of these regulations. The Director is authorized to require the execution of an agreement for recording where the Director deems it necessary for enforcement of these regulations.

(A)

No building or structure, or part thereof, or premises, which are hereafter erected or altered, or changed in occupancy, shall be occupied or used until a certificate of occupancy shall have been applied for and issued.

(B)

Certificates of occupancy shall not be issued until the premises have been inspected and found to comply with all requirements of the ULDR of the City of Wilton Manors, and with all other agencies when required.

(C)

A record of all certificates of occupancy issued hereunder shall be kept on file in the office of the Director.

In interpreting and applying the provisions of these regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, and general welfare. These regulations are not intended to interfere with or abrogate or annul any easements, covenants, or other agreement between parties, provided, however, that where these regulations impose a greater restriction or greater minimum requirement than are imposed or required by other ordinances, rules, regulations, or by easement, covenants, or agreements, the provisions of these regulations shall govern. If, because of error or omission in the zoning district map, any property in the City of Wilton Manors is not shown as being in a zoning district, the classification of such property shall be that of the lowest-density single-family detached residential zoning district established by these regulations, until changed by rezoning.

(A)

It shall be the duty of the Director to enforce the provisions of these regulations and to refuse to issue any permit for any building or for the use of any premises, which would violate same.

(B)

For the purpose of inspection, the Director and his authorized representatives shall have free access to materials and work at all times and shall have the power to stop work pending investigation as to materials, work, grades, use, and other provisions of these regulations.

(C)

In case any building is erected, constructed, reconstructed, altered, repaired, or converted, or any building or land is used in violation of these regulations, the procedures of Chapter 2, Article III, Division 2, as amended, shall be followed.

Any person, firm, corporation or other entity which shall violate or fail to comply with any of the provisions of these regulations or with any of the requirements thereof, or who shall build or alter any buildings in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a City ordinance violation and shall be liable to a fine of not more than five hundred dollars ($500.00). Each day such violation shall be permitted to exist shall constitute a separate offense.

The owner or owners of any building or premises, or part thereof, where anything in violation of these regulations shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith and who has assisted in the commission of any such violation may be guilty of a separate offense, and upon conviction, fined as hereinbefore provided.

(A)

Application. An application for a determination of vested rights shall be submitted to the City Manager and shall be reviewed by the City Manager for completeness.

(B)

Consideration of an application for determination of vested rights.

(1)

After the application has been determined to be complete, the City Manager shall forward the application to the City Commission.

(2)

After notice, in accordance with the provisions and requirements of Article 70, Public Hearing Notification Procedures, the City Commission shall hold a public hearing on the application for relief in accordance with Article 75, Quasi-Judicial Public Hearing Procedures. The City Attorney shall attend the public hearing, may as questions on behalf of the City, and after the public hearing, offer a recommendation on the application.

(3)

Within thirty (30) working days after the completion of the public hearing, the City Commission shall consider the application and render a decision.

(4)

An applicant shall be entitled to a positive determination of vested rights if the applicant affirmatively demonstrates a vested property right under Florida law. The City may enter an order that establishes the particular nature and extent of the vested right.

(Ord. No. 848, 10-14-03)