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Planning, Zoning, and Building |
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Planning, Zoning, and Building |
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Planning and Zoning Division
501 Bay Isles Road Longboat Key, FL 34228 (941) 316-1966 telephone (941) 316-1970 facsimile
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Planning, Zoning and Building Forms | Chapter 157 Subdivision Regulations | Chapter 158 Zoning Code
The Planning and Zoning Division is responsible for the updating and implementing of the Town’s Comprehensive Plan (Long-Range Planning), and daily planning activities with proposed developments, as well as amending and implementing the Town’s Zoning Code (Short-Range Planning). Town Planning Staff provides residents, developers, contractors and visitors with current zoning information.
Town Comprehensive Plan
The Town’s Comprehensive Plan, required by the State of Florida, is the enabling document that serves as the overall guide to the development of the Key through the Town Zoning Code, the adoption of ordinances, and creation of Town policies. Last amended in 1998, the current plan is being evaluated for overall effectiveness through the Evaluation and Appraisal Report (EAR) as mandated by the Florida Department of Community Affairs (DCA). This evaluation process concludes with comprehensive plan amendments to follow in 2006, with adoption in 2007.
Town Zoning Code
The Town Zoning Code contains the land development regulations for the Town, to establish comprehensive controls for the development of the land in the Town based on the Comprehensive Plan. The Code is designed to preserve the unique character of the Town and is enacted to protect, promote, and improve the public health, safety, comfort, order, appearance, convenience, morals, and general welfare of the people. The Zoning Code also protects the natural and man-made resources and maintains, through orderly growth and development, the character and stability of present and future land use and community development. Regulations pertaining to permitted land uses, required setbacks, maximum allowable building heights, fence regulations, and regulations for accessory structures such as docks are included in the Zoning Code. Additional land use regulations are included in the Zoning Code, as well as descriptions of the various zoning districts on the Key.
Planning and Zoning Board
Planning Staff reviews proposed site plans for commercial, tourism and multi-family developments (of more than 10-units) and subdivisions (Chapter 157 of the Town Code), prior to their submittal to the Planning and Zoning Board for final consideration by the Town Commission. Staff also reviews applications for Outline Development Plan (ODP) approval through the Planned Unit Development (PUD) process. These request are also reviewed by the Board, which makes recommendation to the Town Commission. Final action on the ODP request is made by the Town Commission.
Zoning Board of Adjustment
Requested variances are reviewed by Planning and Zoning Staff, and forwarded to the Zoning Board of Adjustment for consideration. A variance is a departure from the dimensional or numerical requirements of the Zoning Code, as defined in Section 158.006.
Tree Permitting
The Planning and Zoning Division enforces the Tree Ordinance (Chapter 98 of the Town Code, issuing Tree Permits for the removal and/or replacement of protected trees.
NOTE: Tree Permit requires Adobe Acrobat Reader
Frequently Asked Planning and Zoning Questions
What is the maximum allowable height of a single-family residential structure?
Does the Town of Longboat Key have a “light and air” ordinance?
What is the maximum allowable residential and tourism density permitted in the Town?
What if I cannot comply with a Zoning Code requirement? Can I request a variance?
What is the difference between a Zoning Exception and Building Permit?
When am I required to obtain a Tree Permit from the Town for the removal of a tree?
Who should I contact if I have any other zoning or land development questions?
How can I determine what my property is zoned?
The Town has an adopted zoning designation map, as well as an adopted future land use map. The zoning of a parcel can be determined through the utilization of these maps or consultation with a member of the zoning staff. Reliance on the zoning information provided by an entity other than the Town of Longboat Key is not advised, as the information may not be up-to-date or accurate.
What kind of business can I open in the Town?
The type of business that you can open in the Town depends on the zoning district in which your property is located. Land within the Town is classified into one of 21 different zoning districts (4 of which are commercial oriented zoning districts), each allowing a variety of land uses and having its own character and development standards. To determine allowed uses for your property or other zoning assistance, call 941/316-1966.
What is the maximum allowable height of a single-family residential structure?
Section 158.145, of the Zoning Code, restricts the maximum allowable height of a single-family structure to two (2)-stories and 30-feet, as measure from the minimum habitable floor elevation as established by law to the highest point of any portion of the building (Section 158.006), with a few exceptions found in Section 158.153 (B), of the Zoning Code.
Does the Town of Longboat Key have a “light and air” ordinance?
As does many communities, the Town Zoning Code has a light and air regulations, known as the Daylight Plane Ordinance. The intent of the ordinance, adopted in 1997, is to preserve and protect existing residential structures through the regulation of scale, bulk and relationship to the adjacent environment of future development, maintaining an appropriate balance within the scale of the buildings. Basically, it calls for greater building setbacks on the upper floors of buildings, which provides more light and air for adjacent buildings.
What is the maximum allowable residential and tourism density permitted in the Town?
The Town does not differentiate between residential and tourism density. In both cases, the maximum allowable density is six (6)-units per acre. There are numerous legally non-conforming developments in the Town that exceed the current allowable density. These grandfathered developments are permitted to maintain the existing density until the property is redeveloped.
What is a non-conforming land use or structure?
As a community that was incorporated in 1955, the Zoning Code and property zoning has gone through a series of changes in the past five decades. As a result, many structures and uses of land do not comply with the current land development regulations. Consequently, these structures and land uses are considered to be non-conforming. These legally non-conforming land uses or structures can be maintained and repaired but not expanded. Section 158.138, of the Zoning Code, outlines the regulations that govern such non-conformities.
What happens if a non-conforming land use is damaged or destroyed by a Hurricane or other natural disaster?
Should a non-conforming land use be damaged or destroyed by any form of natural disaster, the Town Zoning Code (Section 158.139) permits the reconstruction of the structure and re-establishment of the land use so long as the development complies with all of the regulations of the town’s ordinances to the greatest extent possible. Previous non-conformities shall be brought into conformance with the town code to the extent that they do not create an unnecessary and undue hardship by significantly changing the pre-existing nature and/or character of the development. The extent of the non-conformities cannot be increased.
What if I cannot comply with a Zoning Code requirement? Can I request a variance?
A variance can be requested for a departure from the dimensional or numerical requirements of the Zoning Code. The Zoning Board of Adjustment is the Town Commission appointed board that reviews variance requests. The Board must determine whether: the variance request is not be contrary to the public interest; the variance request is due to conditions peculiar to the property; variance request is not the result of the actions of the applicant; and, a literal enforcement of the chapter would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces, to the extent that such variance is consistent with the Comprehensive Plan.
What is the difference between a Zoning Exception and Building Permit?
In 2004, Ordinance 04-12 was adopted exempting “minor work”, as determined by the Building Official, from requiring a building permit. However, due to zoning compliance issues, at-grade driveways, walkways, decks and patios, as well as fences and some walls, which do not require a building permit, shall be reviewed and approved by the Zoning Department through the Zoning Exception process, for compliance with the Zoning Code. A survey is typically required to verify that code requirements are met. The Zoning Exception review and approval process is typically less lengthy than the traditional building permit process. There is also no fee associated with a Zoning Exception.
When am I required to obtain a Tree Permit from the Town for the removal of a tree?
A tree permit (Chapter 98 of the Town Code) is required for the removal of trees on all multi-family, commercial, and vacant single-family properties in the Town. Single-family lots with existing homes are exempt from the ordinance, except for the removal of Mangrove trees. Also, the removal of certain nuisance exotic trees are not required to obtain a permit anywhere in the Town, including Brazilian Peppers, Australian Pines and Carrotwood trees. Chapter 98 lists other nuisance exotic trees that are exempt from permitting and includes a recommended list of trees to plant in the Town.
Can I trim the mangroves located water ward of my property?
The Department of Environmental Protection of the State of Florida (813/744-6100) regulates the trimming of mangroves. Trimming of this vital resource is strictly regulated and it is recommended that you contact the State to determine if any proposed trimming would require a State permit or would be allowed under the exemption criteria. Monetary fines and wetland restoration can result from the trimming of mangroves in excess of State requirements.
Who should I contact if I have any other zoning or land development questions?
If you have a question about the zoning and tree codes, or their requirements, please call the Planning, Zoning and Building Department at 941/316-1966. Additionally, the Town Code, including the Subdivision Regulations (Chapter 157), the Zoning Code (Chapter 158), and the Tree Code (Chapter 98) is located on the Town’s website link: Town Charter/Code.
