(A)   Title. This Code shall be entitled the “Land Development Code” of the town, and shall be referred to as the “Code” or “this chapter”.

   (B)   Authority. This chapter is enacted pursuant to the requirements and authority of F.S. § 163.3202, (the Local Government Comprehensive Planning and Land Development Regulation Act); the Town Charter, effective March 19, 1963; and the general powers of government granted to municipalities pursuant to F.S. Ch. 166 (the Municipal Home Rule Powers Act).

(Ord. 1-90, passed 1-31-1991)

   (A)   General applicability. Except as specifically provided below, the provisions of this chapter shall apply to all development in the town, and no development shall be undertaken without prior authorization pursuant to this code.

   (B)   Exceptions.

      (1)   Previously issued development permits. The provisions of this chapter and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit, if:

         (a)   The development activity authorized by the permit has been commenced prior to the effective date of this code or any amendment thereto, or will be commenced after the effective date of this chapter but within six months of the issuance of the building permit; and

         (b)   The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformity with the requirements of this chapter or amendment thereto.

      (2)   Previously approved development orders. Projects with development orders that have not expired at the time this chapter or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformity with the requirements of this chapter, or amendment thereto.

   (C)   Requirement for consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the adopted Comprehensive Plan of the town.

(Ord. 1-90, passed 1-31-1991)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALLEY. Right-of-way providing a secondary means of access and service to abutting property.

   BUILDING. Shall include the word STRUCTURE.

   CODE. Reference to “this Code” or “the Code” shall mean the Land Development Code of the Town of Briny Breezes, Florida.

   COMPUTATION OF TIME. Whenever a notice is required to be given, or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be excluded in computing the time, but the date on which such proceeding is to be had shall be included. Whenever any act required to be done pursuant to the provisions of this Code falls on a Sunday or legal holiday, that act shall be performed on the next succeeding business day.

   COUNTY. Palm Beach County, Florida.

   F.S. Shall mean the latest edition of the Florida Statutes.

   GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

   HIGHWAY. Shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway of the town, dedicated or devoted to public use.

   JOINT AUTHORITY. Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

   LAND. Shall include the surface of land and land areas under water.

   MONTH. Shall mean a calendar month.

   NUMBER. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

   OATH. Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” or “affirmed”.

   OFFICERS AND DEPARTMENTS. Except as otherwise specifically provided, whenever any officer, department, board, commission or other agency is referred to by title alone, such reference shall be construed as if followed by the words “of the Town of Briny Breezes, Florida.” Whenever in accordance with the provisions of this chapter any specific act is required to be done by any designated officer or official of the town, and such officer or official has not been appointed, such act shall be performed by the Mayor or his or her designee. Whenever in accordance with the provisions of this chapter any specific act is required to be done by any designated officer or official of the town, such act may be performed by any duly authorized member of his or her department.

   OR, AND. Or may be read “and” and “and” may be read “or” if the sense requires it.

   OWNER. Applied to a building, land or water area, the term OWNER shall include any part owner, joint owner, any unit owner in a cooperative form of property ownership, any shareholder or stockholder in a corporate form of cooperative ownership, trustee, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or any part of such building, land or water area.

   PERSON. Shall extend or be applied to associations, corporations, firms, partnerships, and bodies politic and corporate as well as to individuals. Whenever used with respect to any penalty, the word PERSON, as applied to partnerships or associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.

   PLANNING AND ZONING BOARD or PLANNING BOARD. The Planning and Zoning Board of the Town of Briny Breezes, in Palm Beach County, Florida.

   PRECEDING, FOLLOWING. The words “preceding” and “following” mean next before and next after, respectively.

   PUBLIC PLACE. Any street, alley, park, canal, waterway, beach, public building or any place of business or assembly open to the public or frequented by the public.

   ROADWAY. Shall mean the portion of a street improved, designed or ordinarily used for vehicular traffic.

   SHALL and MAY. The term “shall” is always mandatory and the term “may” is permissive.

   SINGULAR. Shall include the plural.

   SIDEWALK. Shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

   SIGNATURE or SUBSCRIPTION. Shall mean a written signature and shall include a mark when a person cannot write.

   STATE. The words “the state” or “this state” shall mean the State of Florida.

   STREET. A public or private thoroughfare which affords any means of access to property. This definition shall include any accessway, such as a street, road, lane, highway, avenue, boulevard, alley, parkway, viaduct, circle, court, terrace, place or cul-de-sac and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved, but shall not include those accessways such as easements and rights-of-way intended solely for limited utility purposes, such as electric power lines, gas lines, telephone lines, water lines, drainage and sanitary sewers and easements of ingress and egress.

   TENSE. Words used in the past or present tense include the future as well as the past and present.

   TIME STANDARD. Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the town.

   TOWN. The words “the Town” or “this Town” shall mean the Town of Briny Breezes, in Palm Beach County, Florida.

   TOWN COUNCIL. The words “Town Council” or “the Council” shall mean the Town Council of the Town of Briny Breezes, Florida.

   WRITTEN or IN WRITING. The term “written” or “in writing” shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

   YEAR. A calendar year.

(Ord. 1-90, passed 1-31-1991)

   (A)   Purpose. The purpose of this code is to promote the public health, safety, morals, convenience, comfort, amenities, protection of property and property values and the general welfare of the town.

   (B)   Intent. The intent of this chapter is to provide a wholesome, serviceable and attractive town, by adopting land development regulations which are consistent with and implement the town’s adopted Comprehensive Plan. This intent will be accomplished by adopting regulations and restrictions: that increase the safety and security of home life; that preserve and create a more favorable environment; that stabilize and enhance property and civic values; that preserve the character, quality and historical nature of existing uses, while providing for the development of new and uniformly just land use patterns; that facilitate adequate provisions for increased safety in traffic, transportation, vehicular parking, parks, parkways, recreation, public buildings, housing, light, air, water supply, sewerage, sanitation and other public requirements; that provide regulations for concurrency management, signage, landscaping requirements and administrative and permitting procedures; that lessen congestion, disorder and danger; and that provide more reasonable and serviceable means and methods of protecting and safeguarding the economic structures upon which the general welfare depends.

(Ord. 1-90, passed 1-31-1991)

   In order to more effectively protect and promote the general welfare and to accomplish the aims and purposes of the town’s Comprehensive Plan, the town is divided into districts of such number, shape and area, and of such common unity of purpose, adaptability or use, that are deemed suitable to provide the best general civic use, to protect the common rights and interests of all, and to promote improved wholesome, sightly, harmonious and economic results in civic service, activities and operations. By further regulations, the town shall limit the locations, uses and occupancy of buildings, structures and land and water areas to be used for trade, residence or other purposes; shall provide for the location, height, bulk, occupancy and uses of buildings and other structures; shall provide for the percentage of plot occupancy and coverage, for street setback lines, size of yards and other open spaces; shall provide for special exceptions in event of hardship; and shall provide for penalties for the violation hereof.

(Ord. 1-90, passed 1-31-1991)

   With regard to this chapter in general, the provisions hereof shall be construed and implemented to achieve the following intentions and purposes of the Town Council:

   (A)   To establish the regulations, procedures and standards for review and approval of all proposed development in the town;

   (B)   To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the town in accordance with the Comprehensive Plan;

   (C)   To adopt a development review process that is:

      (1)   Efficient, in terms of time and expense;

      (2)   Effective, in terms of addressing the natural resources and public facility implications of proposed development; and

      (3)   Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners and consideration of the interests of the citizens of the town.

   (D)   To implement the adopted Comprehensive Plan of the town as required by the Local Government Comprehensive Planning and Land Development Regulation Act; and

   (E)   To provide specific procedures to ensure concurrency, whereby development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements.

(Ord. 1-90, passed 1-31-1991)

   (A)   The regulations and provisions of this chapter shall be held to be the minimum requirements adopted to encourage orderly growth and the protection and promotion of the public health, safety, comfort, convenience, order, appearance, prosperity and general welfare.

   (B)   If more stringent regulations, restrictions and controls over the use and occupancy of buildings, structures and land and water areas within the town, arise from a private contractual relationship between property owners, or by the rules, regulations, easements and property rights existing between private parties under a corporate form of cooperative ownership, the provisions of this subchapter shall not supersede or cancel them.

(Ord. 1-90, passed 1-31-1991)

   (A)   This chapter is not intended to repeal, abrogate or interfere with any of the covenants, rules, regulations or by-laws of any property owners association or corporation created for such purpose, including the provisions contained in cooperative property agreements, proprietary leases, cooperative land ownership and the requirements, rules and regulations imposed under corporate shareholder relationships.

   (B)   The enforcement of all such property rights, easements, covenants and other agreements between property owners, unit occupants, shareholders and stockholders having rights under a corporate form of cooperative land ownership created for such purposes, shall be adjusted directly between the parties themselves, without the involvement of the town.

(Ord. 1-90, passed 1-31-1991)

   Any person who shall be found guilty by a court of competent jurisdiction of the violation of, or the failure to comply with, any provision of this chapter shall be guilty of an infraction of a municipal ordinance and subject to the penalties provided in § 10.99.

(Ord. 1-90, passed 1-31-1991)