§ 1.08.11. Boundaries.  


Latest version.
  • Interpretations regarding boundaries of comprehensive plan future land use categories zoning districts shall be made in accordance with the following:

    A.

    Where uncertainty exists as to the boundaries of categories shown on the comprehensive plan future land use map or zoning districts as shown on the official zoning atlas, the following rules shall apply:

    1.

    Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the future land use category or zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the future land use category or zoning status of any lot or parcel. In case of a street closure, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

    2.

    Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street closure, interpretation shall be as provided in section 1.08.11A1, above.

    3.

    Boundaries indicated as approximately following city limits shall be construed as following such city limits.

    4.

    Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks.

    5.

    Boundaries indicated as following shorelines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such shorelines or centerlines. In case of a change in shoreline, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the future land use category or the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the future land use category or the zoning status of any lot or parcel.

    6.

    Boundaries indicated as entering any body of water but not continuing to intersection with other future land use categories or zoning boundaries or with the limits of jurisdiction of the County of Okeechobee shall be construed as extending in the direction in which they enter the body of water to intersection with other future land use categories or zoning boundaries or with the limits of county jurisdiction.

    7.

    Boundaries indicated as following physical or cultural features other than those mentioned above shall be construed as following such physical or cultural features, except where variation of actual location from mapped location would change the future land use category or zoning status of a lot or parcel and in such case the boundary shall be interpreted in such manner as to avoid changing the future land use category or zoning status of any lot or parcel.

    8.

    Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 7 above shall be construed as being parallel to or extensions of such feature.

    B.

    In cases not covered by subsection A, above, or where the property or street layout existing on the ground is at variance with that shown on the future land use category or the official zoning atlas, the director of planning and development shall interpret the comprehensive plan future land use map or official zoning atlas in accord with the intent and purpose of the comprehensive plan or this Code. Appeal from the interpretation of the director shall be only to the board of adjustment in conformity with article XIII of this Code.

    C.

    Where a land use category or district boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reasonable use of the lot, the extension of the mandates of the comprehensive plan or this Code for either portion of the lot may be permitted as a special exception for not to exceed 100 feet beyond the land use category or district line into the remaining portion of the lot.