Why can’t the City prevent development?

Every local government in Florida is required to adopt a Comprehensive Plan that sets forth future land use and establishes density and intensity standards for all properties within the local government jurisdiction. The Comprehensive Plan thereby establishes the first layer of rights/restrictions to all land area within the local government jurisdiction. Further rights/restrictions are defined in the Land Development Regulations (LDRs) -- commonly referred to as zoning regulations or zoning code -- which implement the Comprehensive Plan. 

The City of Venice adopted a new Comprehensive Plan in January 2018. The City has updated the LDRs to implement the 2018 update of the Comprehensive Plan. The City’s LDRs can be found within the City Code of Ordinances, Chapter 87, which provides specific rights/restrictions for development. Chapter 88 of the City Code of Ordinances provides for adoption of the Florida Building Code and regulations pertaining to building activity within the City. Provided a development/building application complies with the Comprehensive Plan and Land Development Regulations, the application is very difficult to deny.  Thee must be competent substantial evidence to support a denial. If not, the City of Venice is vulnerable to legal action.

Appeal

An Appeal allows for the City or any person aggrieved by a final decision rendered in accordance with this LDR by a City board or commission, Zoning Administrator, or City Engineer an appeal with the appropriate review body. See Ch. 87, Sec. 1, 1.16. of the Land Development Code for more information.

Annexation

Annexation of property is the enlargement of city boundaries a parcel(s) of land contiguous to the City’s boundary. Annexations are handled by Planning & Zoning and the City Clerk's office. Planning Commission provides an advisory recommendation to the Venice City Council, which has final review authority. A Pre-Annexation Agreement approval is required by City Council prior to the consideration of an Annexation application. Contact Planning & Zoning for more information on how to annex a property into the City of Venice. See Ch. 87, Sec. 1, 1.4. of the Land Development Code for more information.

Comprehensive Plan Amendment (Map and/or Text)

Most Comprehensive Plan Amendments initiated by applicants relate to the future land use designation of properties. Per State Statute, a small scale plan amendment encompasses property fifty acres or less and large scale plan amendments are larger than fifty acres. Planning Commission provides an advisory recommendation to the Venice City Council. City Council has final review authority as well as the Florida Department of Commerce. See Ch. 87, Sec. 1, 1.5. of the Land Development Code for more information.

 Concurrency Determination

The purpose of concurrency management is to provide the necessary regulations for the evaluation of development orders to ensure that adequate public facilities and services are available concurrent with the impacts of development. See Ch. 87, Sec. 5. of the Land Development Code for more information.

Conditional Use

A Conditional Use is a use that would not be appropriate generally or without restriction within a zoning district but which, if controlled as to area, location, or relation to the neighborhood is acceptable and meets the intent of this LDR. Planning Commission has final review authority except in the case of a conditional use requested for the density bonus available for affordable housing Ch. 87, Sec.1, 1.8.4. See Ch. 87, Sec 1, 1.8. of the Land Development Code for more information on Conditional Use.

Design Alternative

Design Alternatives are available in recognition that, individual unique characteristics or circumstances of any given development, flexibility in the application of development requirements may be warranted in certain situations. To facilitate flexible design options, a design alternative for the standards provided in this LDR may be requested where the LDR specifies a design alternative is permissible. If an applicant requests multiple design alternatives, each design alternative shall be evaluated independently. See Ch.87, Sec.1, 1.11. of the Land Development Code for more information.

Height Exceptions

A Height Exception provides for building height allowances that exceed a build by right height threshold within certain zoning districts. Planning Commission provides an advisory recommendation to the Venice City Council, which has final review authority. See Ch. 87, Sec 1, 1.12. of the Land Development Code for more information.

Lot Boundary Change/Lot Split Permit

The purpose of a lot boundary change/lot split permit is to allow for an applicant to legally split a lot or combine lots provided the development standards for density and lot requirements in this LDR can be met. Before any lot of record (platted or metes and bounds) is divided or combined within the City, the land owner shall acquire a permit from the Planning and Zoning Department. See Ch. 87, Sec 1, 1.15.5. of the Land Development Code for more information.

Preliminary Plat

A Preliminary Plat is the preliminary map or delineated representation indicating the proposed layout of a subdivision that is submitted for the Planning Commission's consideration. Planning Commission is the final review authority. A Preliminary Plat Amendment is a change or modification to an already approved Preliminary Plat. See Ch. 87, Sec. 1, 1.10.1. of the Land Development Code for more information. 

Site and Development Plan - New or Amendment

Site & Development Plan petitions can include, but are not limited to the following: development of land that is vacant or substantially vacant, substantial redevelopment of a property in which multiple components (e.g., buildings, parking, access, landscaping and buffering, drainage, etc.) of the site will be altered, or a change in the use of a property in which site improvements are required to bring the new use into compliance. The development of land takes many forms and varies with regard to intensity and potential impact on neighboring properties. There are three types of review for land development projects: 1) major site and development plan review; 2) minor site and development plan review; and 3) zoning review. The construction of single-family dwellings and two-family dwellings on a lot of record or other site alterations that require a building permit shall not require a site and development plan but will require a zoning review. The Zoning Administrator will determine if site & development plan is major or minor, and if the project will go before the Planning Commission. See Ch. 87, Sec. 1, 1.9. of the Land Development Code for more information.

Temporary Use

Certain uses are temporary in character such as grand openings, portable storage, tent structures or certain special events. These uses vary in type and intensity, as well as length of time involved. Temporary Uses are granted for a specific time period after review of all elements of the proposed use. See Ch. 87, Sec 1, 1.15.2. of the Land Development Code for more information.

Text Amendment (LDR)

An LDR text amendment is undertaken when changes are proposed to the text of the Code that are necessary in light of changed conditions or changes in public policy or that are necessary to implement the Comprehensive Plan, to resolve issues of interpretation, or to advance the general welfare of the City. See Ch. 87, Sec.1, 1.6.2 of the Land Development Code for more information.

Variance

A Variance is a relaxation of the terms of the Land Development Code. Petitioners are required to provide justification for the proposed variance and certain conditions must be met. Planning Commission is the final review authority for Variance petitions. See Ch. 87, Sec.1, 1.13. of the Land Development Code for more information.

Vested Rights

An application for vested rights may be submitted if an applicant believes property rights have been affected by the adoption of the Comprehensive Plan or LDR or amendments thereto. Nothing contained in the Comprehensive Plan or this LDR shall be construed as affecting existing vested rights. See Ch. 87, Sec.1, 1.14. of the Land Development Code for more information.

Zoning Map Amendment

The establishment of zoning districts in the Land Development Code, such as residential, commercial, office and industrial districts, provide regulations regarding permitted, conditionally permitted, or prohibited land uses and development standards for structures and land, dependent upon its location within the City. Designated zoning districts are shown on the City's Zoning Map. Planning Commission provides an advisory recommendation to the Venice City Council, which has final review authority. See Ch. 87, Sec. 1, 1.7.of the Land Development Code for more information. Additionally, Planned Unit Developments have specific requirements; see Ch. 87, Sec. 2, 2.2.4. of the Land Development Code for specific information.