New Page 1

Planning, Zoning, and Building

Monica Daigle, Planning, Zoning, and Building Director

Planning and Zoning Division

501 Bay Isles Road

Longboat Key, FL 34228

(941) 316-1966 telephone

(941) 316-1970 facsimile

Planning, Zoning, and Building Department
Planning and Zoning	Building	Code Enforcement
Frequently Asked Planning and Zoning Questions	Frequently Asked Building Questions	Frequently Asked Code Enforcement Questions

COMMUNITY VISION PLAN

Planning, Zoning and Building Forms | Chapter 157 Subdivision Regulations | Chapter 158 Zoning Code

NOTE: Tree Permit requires Adobe Acrobat Reader

Frequently Asked Planning and Zoning Questions

[Back to Top]

What regulations govern land development on Longboat Key?

The Town, through Chapter 157 Subdivision Regulations and Chapter 158 Zoning Code, outlines the land development regulations for Longboat Key. The Zoning Code provides specific zoning requirements for land development such as permitted land uses, required yards (setbacks), maximum allowable lot (building) coverage, maximum allowable impervious coverage, and maximum building height. The Subdivision Regulations set forth the requirements for minimum street and lot design, as well as the platting procedures for the creation of a subdivision or redesign of an existing subdivision.

Why is zoning important to a community?

While the individual zoning regulations (such as minimum setbacks, minimum open space, maximum building height and maximum density) individually appears insignificant, the greater overall result of these regulations is reflected in the community that Longboat Key is today. Although the regulations may seem restrictive, the end result is a beautifully developed island, with high property values.

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 type of land use (i.e., single-family residence, multi-family development, commercial development, etc.) can be constructed on my property?

Permitted land uses are specific to the zoning assigned to a piece of property. Section 158.125, of the Zoning Code, identifies the permitted land uses, and those land uses that are allowed with a Special Exception and/or Site Plan Review (approval by the Planning and Zoning Board and/or the Zoning Board of Adjustment).

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 are the required yards (setbacks) for single-family residential property on Longboat Key?

Each zoning district, both residential and non-residential, has its own specific setback requirements, as prescribed in Section 158.145, of the Zoning Code. The required yards for single-family residentially zoned properties is most commonly requested, and are as follows:

Zoning District	Minimum Street Yard	Minimum Side Yard*	Minimum Rear Yard**
R-1SF	20-feet	25-feet/10-feet	30-feet
R-2SF	20-feet	25-feet/10-feet	25-feet
R-3SF	20-feet	25-feet/10-feet	25-feet
R-4SF	20-feet	20-feet/8-feet	20-feet
R-6SF	20-feet	20-feet/8-feet	15-feet

	* Minimum individual side yard of 8-or 10-feet is required with both side yards totaling 20-or 25-feet, respectively.
	** Minimum rear yard listed does not apply to water access lots. The required waterfront setback is regulated by Section 158.150 (D).

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.

What is the maximum Lot (building) Coverage allowed for a single-family residential lot?

“Lot Coverage” is similar to other municipalities “Building Coverage”. The Town’s maximum allowable Lot Coverage for a single-family lot ranges between 20% and 30% of the lot area, depending on the zoning of the property. Section 158.006, of the Zoning Code, defines Lot Coverage as, “That percentage of the lot area covered or occupied by the buildings or any part of the buildings [structures], excluding roof overhangs not to exceed three feet”. Please see Section 158.145 for a complete listing of allowable Lot Coverage for all zoning districts on the Key.

What is the maximum Non-Open Space (impervious surface) allowed for a single-family residential lot?

Due to storm water and drainage issues, the Town does not permit more than 50% of a single-family lot to be covered by structure or other “impervious” materials. Lot Coverage is a direct component of Non-Open Space. In order to calculate a lot’s overall Non-Open Space, the square footage of driveways, walkways, parking areas, and all other impervious surfaces is added to the overall square footage obtained from the Lot Coverage calculations, divided by the overall square footage of the lot.

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 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 Oak and Mangrove trees. Also, the removal of certain nuisance exotic trees are not required to obtain a permit anywhere in the Town, including Brazilian Peppers and up to five (5) Australian Pines trees east of Gulf of Mexico Drive within a 30-day period. 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.

[Back to Top]