PREFACE

This Land Development Code constitutes a publication of the general and permanent ordinances of the City of Daytona Beach, Florida.

Source materials used in the preparation of this Land Development Code were the 2015 Land Development Code adopted by Ord. No. 15-23 on January 21, 2015, and ordinances subsequently adopted by the City Commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Land Development Code. By use of the Land Development Comparative Table appearing in the back of this Land Development Code, the reader can locate any section of the 2015 Land Development Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage.

Chapter and Section Numbering System

The chapter and section numbering system used in this Land Development Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1.2, and the first section of chapter 6 is 6.1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6.1 and 6.2 is desired to be added, such new section would be numbered 6.1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Land Development Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Land Development Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Land Development Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of Land Development Codes, which may or may not appear in this Land Development Code Code at this time, and their corresponding prefixes:

LAND DEVELOPMENT CODE	LDC1:1
LAND DEVELOPMENT CODE APPENDIX A	LDCA:1
LAND DEVELOPMENT CODE APPENDIX B	LDCB:1
LAND DEVELOPMENT CODE COMPARATIVE TABLE	LDCCT:1
LAND DEVELOPMENT CODE INDEX	LDCi:1

 

Index

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the (index itself or indexes themselves) which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Dennis Sinnett, Vice President, Supplement Department, Dane Boles, Editor, and Janet Cramer, Proofreader, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Richard Walton, AICP, Planning Director, and Marianne Pulaski for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Land Development Code which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

ORDINANCE NO. 15-23

AN ORDINANCE ADOPTING A NEW LAND DEVELOPMENT CODE (LDC) TO REGULATE THE DEVELOPMENT AND USE OF LAND AND BUILDINGS WITHIN THE CITY OF DAYTONA BEACH; PROVIDING FOR ADMINISTRATION OF THE LDC; ADOPTING A ZONING MAP THAT RENAMES DISTRICTS AND REZONES CERTAIN PARCELS OF LAND THROUGHOUT THE CITY CONSISTENT WITH THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR THE APPOINTMENT OF BODIES WITH LAND DEVELOPMENT REGULATION AUTHORITY AND SETTING FORTH RESPONSIBILITIES FOR THOSE BODIES AND CITY STAFF; PROVIDING FOR VARIOUS LAND DEVELOPMENT ORDERS AND PERMITS, AND PROVIDING PROCEDURES AND CRITERIA FOR REVIEW AND APPROVAL; ESTABLISHING THE VARIOUS ZONING DISTRICTS AND OVERLAY CLASSIFICATIONS AND APPLICABLE INTENSITY AND DIMENSIONAL STANDARDS; PROVIDING USE-SPECIFIC STANDARDS FOR PRINCIPAL, ACCESSORY, AND TEMPORARY USES, AND PROHIBITING CERTAIN USES; PROVIDING DEVELOPMENT STANDARDS ON PARKING, MOBILITY AND ACCESS; PROVIDING LANDSCAPING AND BUFFER REQUIREMENTS; ESTABLISHING WILDFIRE PROTECTION ZONES AND OPEN SPACE SET-ASIDE REQUIREMENTS; PROVIDING STANDARDS FOR FENCES, WALLS, LIGHTING, AND SIGNAGE; PROVIDING STANDARDS FOR COMPATIBILITY WITH NEIGHBORING USES AND STANDARDS FOR BUILDING DESIGN AND MAINTENANCE; ESTABLISHING COMMUNITY FORM STANDARDS FOR CERTAIN AREAS OF NEW DEVELOPMENT; PROVIDING STANDARDS FOR DEVELOPMENT IN REDEVELOPMENT AREAS; ESTABLISHING ENVIRONMENTAL PROTECTION STANDARDS; PROVIDING STANDARDS FOR CONCURRENCY MANAGEMENT; ESTABLISHING THRESHOLDS AND REQUIREMENTS FOR ANALYSIS OF TRANSPORTATION IMPACTS; PROVIDING STANDARDS FOR DEMOLITION AND PROPERTY MAINTENANCE; ESTABLISHING SUSTAINABLE DEVELOPMENT INCENTIVES; PROVIDING STANDARDS RELATING TO SERVICE OF ALCOHOL; PROVIDING STANDARDS TO ENCOURAGE AFFORDABLE HOUSING; PROVIDING REGULATIONS FOR SUBDIVISION DEVELOPMENT AND REQUIRED INFRASTRUCTURE; PROVIDING FOR NONCONFORMING USES AND STRUCTURES; ADOPTING CONSTRUCTION, MAINTENANCE, AND SAFETY CODES; PROVIDING VARIOUS ENFORCEMENT METHODS AND PENALTIES FOR VIOLATIONS; PROVIDING APPLICABLE DEFINITIONS AND RULES FOR INTERPRETATION; ESTABLISHING APPLICATION REQUIREMENTS AND FEES FOR REVIEW AND APPROVAL OF LAND DEVELOPMENT ORDERS AND PERMITS IN AN APPENDIX; REPEALING THE EXISTING LAND DEVELOPMENT CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, land development within The City of Daytona Beach is currently regulated by the City's Land Development Code (LDC), originally adopted and codified by Ordinance 93-187; and

WHEREAS, the current LDC has been amended frequently since its adoption; and

WHEREAS, the City has been working with Clarion Associates since 2009 on a complete overhaul to the LDC to make it a more modern code; and

WHEREAS, many workshops and public meetings have occurred with Clarion, City Staff, City Boards, and community groups resulting in a completely new LDC that is ready for adoption; and

WHEREAS, the Planning Board has reviewed the proposed new LDC and recommends approval.

NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF DAYTONA BEACH, FLORIDA:

SECTION 1. The Land Development Code (LDC), a copy of which is attached hereto and incorporated by reference herein, is hereby adopted, together with the zoning map referred to in Article 1. All uses and development of land within the City shall comply with the requirements of the LDC, beginning March 1, 2015.

SECTION 2. The Appendices attached to the LDC addressing application requirements and fees may be revised as necessary by Resolution of the City Commission.

SECTION 3. The City Commission has received the report of the Planning Board and has determined that the new LDC is consistent with and implements the Comprehensive Plan, and otherwise meets the requirements of § 163.202, Florida Statutes (2014).

SECTION 4. Public Hearings at 6:00 p.m., November 5, 2014, and January 21, 2015, in Commission Chambers, City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida, after notice published, are deemed to comply with the requirements of the LDC and § 166.041, Florida Statutes.

SECTION 5. If any provision of the new LDC is found to be unconstitutional or invalid, such declaration shall not affect the validity of the remainder of the LDC.

SECTION 6. All applications for land development orders or permits submitted prior to the effective date of this Ordinance will be reviewed and determined under the Land Development Code in effect at the time the application was submitted. After the effective date, an applicant may request that the land development order or permit be reviewed and determined pursuant to the newly adopted code.

SECTION 7. The City's existing Land Development Code, originally adopted and codified pursuant to Ordinance 93-187, and amended thereafter, is hereby repealed. All other ordinances or parts of ordinances in conflict herewith are hereby repealed.

SECTION 8. This Ordinance shall take effect beginning March 1, 2015.

	/s/ (signature)       DERRICK L. HENRY       Mayor

ATTEST:

/s/ (signature)       JENNIFER L. THOMAS       City Clerk

Passed: November 5, 2014
Adopted: January 21, 2015