ORDINANCE NO: 2017-05 
AN ORDINANCE OF THE CITY OF DAYTONA BEACH 
SHORES, VOLUSIA COUNTY FLORIDA, RELATING TO 
COMPREHENSIVE PLANNING; AMENDING THE CITY 
OF DAYTONA BEACH SHORES COMPREHENSIVE PLAN, 
AMENDING CHAPTER 
FUTURE LAND USE 
ELEMENT, BY AMENDING POLICY 1-1.1.2(6) TO 
ELIMINATE BUILDING HEIGHT IN CERTAIN ZONING 
DISTRICTS; PROVIDING FOR A SAVINGS AND 
FOR 
RATIFICATION 
IMPLEMENTING 
FOR 
CONFLICTS; 
SEVERABILITY; 
PROVIDING FOR CODIFICATION; AND PROVIDING AN 
EFFECTIVE DATE. 
PROVISION; 
ACTIONS; 
PROVIDING 
PROVIDING 
1, 
PROVIDING 
FOR 
 
 
WHEREAS, the City of Daytona Beach Shores is committed to planning and managing 
the future growth of the City; and 
 
WHEREAS, the City of Daytona Beach Shores has the authority to amend its 
Comprehensive Plan pursuant to Part II, Chapter 163, Florida Statutes; and 
 
WHEREAS, on February 24, 2016 the City Council of the City of Daytona Beach 
Shores held a City Council Visioning Workshop with staff wherein the City Council directed 
staff to draft the proposed amendment to the City of Daytona Beach Shores Comprehensive Plan; 
and 
 
WHEREAS, the proposed amendment to the City of Daytona Beach Shores 
Comprehensive Plan directly relates to the amendment of the text of a comprehensive plan as 
provided in Section 163.3184, Florida Statutes; and 
 
WHEREAS, the proposed amendment to the City of Daytona Beach Shores 
Comprehensive Plan is being submitted under the expedited state review process as provided in 
Section 163.3184, Florida Statutes; and 
 
WHEREAS, the Volusia County Growth Management Commission (VGMC) has issued 
a determination of consistency in accordance with Section 202.3 of the Charter of Volusia 
County, Florida, for the proposed amendment to the City of Daytona Beach Shores 
Comprehensive Plan, attached as Exhibit A; and 
 
WHEREAS, the proposed comprehensive plan amendment does not conflict with the 
determination of consistency issued by the VGMC in accordance with Section 202.3 of the 
Charter of Volusia County, Florida; and 
 
 
 
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Page No.1 
WHEREAS, the Planning and Zoning Board, which is the local planning agency of the 
City, and City Council of the City of Daytona Beach Shores have conducted public hearings and 
issued notices required by Florida law in the preparation and enactment of this Ordinance; and 
 
WHEREAS, the City Council of the City of Daytona Beach Shores declares that the 
 
purpose and intent of the proposed amendment to the City of Daytona Beach Shores 
Comprehensive Plan is to guide future growth and development; encourage and maximize the 
most appropriate use of the land, water and other resources, consistent with the public interest, 
promote and protect the public health, safety, comfort, good order, appearance, convenience, 
aesthetics, and general welfare; prevent the overcrowding of land and avoid undue concentration 
of population; provide adequate facilities and services; conserve and protect natural resources 
within the City, while protecting private property rights; and 
 
WHEREAS, the City Council of the City of Daytona Beach Shores finds that this 
Ordinance serves the best interest of the City of Daytona Beach Shores; and 
 
WHEREAS, underlined words shall constitute additions to the original text of the 
Comprehensive Plan, *** shall constitute ellipses, and strike through shall constitute deletions to 
the Comprehensive Plan. 
 
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE 
CITY OF DAYTONA BEACH SHORES, FLORIDA, AS FOLLOWS: 
 
CHANGE IN TEXT OF FUTURE LAND USE ELEMENT. The text 
SECTION ONE: 
of Chapter 1, Future Land Use Element, of the City of Daytona Beach Shores Comprehensive 
Plan is hereby amended to eliminate building height in certain zoning districts as depicted in 
Exhibit A. 
 
SECTION TWO: 
IMPLEMENTING ADMINISTRATIVE ACTIONS. The Community 
Services Director is hereby authorized to transmit copies of the adopted amendment to the City 
of Daytona Beach Shores Comprehensive Plan to the appropriate agencies and to any other unit 
of local government who has filed a written request for a copy in accordance with the provisions 
of Section 163.3184, Florida Statutes, and Volusia Growth Management Rules. The City 
Manager and the City Attorney are hereby authorized to take any and all necessary actions to 
defend the enactment and implementation of this Ordinance and assert the legal compliance 
status of this Ordinance. 
 
SECTION THREE: SAVINGS AND RATIFICATION. The City of Daytona Beach Shores 
hereby ratifies and affirms that action taken by the City Council and the City as a whole to date 
relative to the comprehensive planning programs action activities of the City. The applicability 
and effect of the City of Daytona Beach Shores Comprehensive Plan are hereby ratified and and 
shall remain in full force and effect consistent with the provisions of this Ordinance. 
 
 
 
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Page No.2 
CODIFICATION. This Ordinance shall be codified in the City of 
SECTION FOUR: CONFLICTS. All ordinances or parts of Ordinances in conflict with any 
of the provisions of this Ordinance are hereby repealed to the extent of such conflict. 
 
SEVERABILITY.  If any section or portion of a section of this 
SECTION FIVE: 
Ordinance, or application of any provision of this Ordinance, proves to be invalid, unlawful, or 
unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any 
other section or part of this Ordinance. 
 
SECTION SIX. 
Daytona Beach Shores Comprehensive Plan as deemed appropriate by the Code codifier. 
 
SECTION SEVEN: EFFECTIVE DATE.  The effective date of this plan amendment, if the 
amendment is not timely challenged, shall be 31 days after the State Land Planning Agency (the 
Florida Department of Economic Opportunity) notifies the local government that the plan 
amendment package is complete. If timely challenged, this amendment shall become effective on 
the date the State Land Planning Agency or the Administration Commission enters a final order 
determining this adopted amendment to be in compliance. No development orders, development 
permits, or land uses dependent on this amendment may be issued or commence before it has 
become effective. 
 
CITY OF DAYTONA BEACH SHORES, FLORIDA 
 
 
________________________________ 
Mayor, Harry Jennings 
 
ATTEST: 
 
______________________________ 
Michael T. Booker, City Manager 
 
 
Approved as to form and content: 
 
 
__________________________________                              
Lonnie Groot, City Attorney 
 
Passed upon first reading this __ day of __________________________, 2017. 
 
Adopted on second reading this __ day of __________________________, 2017. 
______________________________ 
Cheri Schwab, City Clerk 
 
 
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Page No.3 
 
 
 
 
EXHIBIT A 
 
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