City of South Pasadena, FL Article I General Provisions

§ 130-1 Purpose.

[Amended 4-17-1990 by Ord. No. 90-10]

A. It is the purpose of this Part 1 to establish a precise and detailed plan for the use of land in the City of South Pasadena based upon the Comprehensive Plan adopted on September 6, 1989, pursuant to Chapter 163 of the Florida Statutes, as amended and enacted to promote the health, safety and general welfare in accordance with the following purposes:

(1) To preserve land resources and to mandate appropriate land use by designating zoning districts in accordance with the principles of City planning and to assure that adequate consideration is given to the impact of land use on the availability of land, water and other natural resources. "Land resources" are defined to include the quality of Boca Ciega waters and marine life, the shoreline and the ecologically important intertidal zone, including the mangroves, lands encompassed within the tidal flood zone, existing open space, required yards, green areas, the tree canopy and the ambient air quality and pollution in the City.

(2) To create a climate for investment and to protect the character, stability and property values of neighborhoods by prohibiting incompatible uses. The Municipal Comprehensive Plan recognizes single-family, multifamily and commercial use districts each having a special character that requires protection from intrusion by development dissimilar in use, scale and character.

(3) To prevent overcrowding and congestion by providing appropriate density and spatial standards for new development. Overcrowding encompasses the cutting off of air and light and providing insufficient space for essential services. Congestion results from a land use which causes undesirable spillover effects on surrounding uses such as traffic, noise, glare and lack of privacy.

(4) To provide safe and convenient traffic circulation and parking. Safe circulation facilities encompass the utilization of the best available proven technology for traffic control. Convenient circulation means minimum hindrance of traffic flow.

(5) To provide protection against fire, explosion, noxious fumes and other hazards. Where the potential for hazardous conditions exist, the use shall be permitted only when and if the risk has been reduced to levels found acceptable by City officials as per codes established for that purpose. In making this determination, the burden of proof lies with the party seeking the development permit.

(6) To preserve and improve the ecological environment of the City by providing standards for development which prevent pollution nuisances and blight, provide for natural areas of preservation and aesthetic enhancement. "Pollution nuisances" are defined as the production of a negative change in the natural or urban environment which impairs or infringes upon the rights of residents to well-being in their daily functions.

B. The purposes outlined herein are paramount to the proper administration of this Part 1. Any permitted use and any use requiring a special exception permit, which may meet other specific requirements of the City, but are found to be inconsistent with the purposes contained herein, shall be denied. Such denial shall be in writing and for cause related to the purposes contained herein. The issuance of a business tax receipt does not provide a right to conduct business within the City limits of South Pasadena without first complying with the land development and use standards contained herein.

[Amended 3-13-2007 by Ord. No. 2007-02]

§ 130-2 Applicability and significance of recreation/open space land use designation.

[Amended 9-27-1994 by Ord. No. 94-13; 3-10-2008 by Ord. No. 2008-01]

A. No building, structure or land shall be used or occupied, and no building or part thereof shall be erected, moved, enlarged or structurally altered unless in conformity with the regulations of this chapter and of the City's Comprehensive Plan. Where the regulations of this chapter and the Comprehensive Plan are not identical, the more restrictive regulations shall apply. The use characteristics, locational characteristics, traffic generation characteristics and standards of the Comprehensive Plan categories governed by this chapter shall be consistent with the characteristics and standards that are adopted in the County-wide rules.

B. Regardless of zoning district, land designated as recreation/open space on the City's future land use map shall be limited to use as private or public open space, public or private parks, public recreation facilities or private clubhouses, tennis courts and pools. No property designated as recreation/open space on the City's future land use map shall permit development that exceeds an FAR of 0.25 or an ISR of 0.60.