Pursuant to Chapter 163, Florida Statutes (1987), Article VIII, Section 2, of the Constitution of the State of Florida, and Chapter 166, Florida Statutes (1987), the city council has all the powers of local self-government to establish and implement by ordinance comprehensive planning programs to guide and control future development.

(Ord. No. 89-0-5, § 1, 4-13-89)

This article shall be referred to as the "City of Crystal River Comprehensive Plan" or the "comprehensive plan" and shall be effective within the incorporated areas of the city.

(Ord. No. 89-0-5, § 2, 4-13-89)

(a)

It is declared to be the intent of the city council that the adoption of this article is necessary to preserve and enhance present advantages; encourage the most appropriate use of land, water and resources consistent with the public interest; overcome present handicaps and deal effectively with future problems that may result from the use and development of land in the incorporated areas of the city. Through the process of comprehensive planning, it is intended that the city can preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; prevent the overcrowding of land and avoid an undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources with the city.

(b)

Based on the legislative intent heretofore articulated, the city council makes the following findings of fact:

(1)

The city is authorized and required by the State of Florida to adopt a comprehensive plan of the type attached hereto and marked as Exhibit "A."

(2)

The City of Crystal River Planning Commission, designated as the local planning agency by resolution, has provided for broad dissemination of proposals for all elements of a comprehensive plan and has held numerous public meetings and workshops to solicit public comment.

(3)

The comprehensive plan is consistent with and furthers the goals, objectives and policies of the Withlacoochee Comprehensive Regional Policy Plan.

(4)

The City of Crystal River Planning Commission has held public hearings with due public notice to receive public comment on all of the proposed elements of the City of Crystal River Comprehensive Plan.

(5)

Following the public hearings, the City of Crystal River Planning Commission made appropriate revisions to the proposed City of Crystal River Comprehensive Plan and recommended same for adoption by the city council and, together with supporting documentation, transmitted to the Florida Department of Community Affairs for review and comment.

(6)

The city council has held the required public hearings with public notice and complied with all other requirements of the applicable Florida Statutes.

(Ord. No. 89-0-5, § 3, 4-13-89)

Editor's note— Exhibit "A" referred to in (b)(1) above is not included herein but is on file and available for inspection in the city manager's office.

(a)

The city council does hereby adopt by reference the City of Crystal River Comprehensive Plan consisting of the following elements: Housing, recreation and open space, traffic circulation, sewer, solid waste, drainage, potable water and groundwater recharge, conservation, future land use, intergovernmental coordination and capital improvements; copies of which are attached hereto, marked as Exhibit "A" and made a part hereof.

(b)

After the effective date of this article, all development undertaken by and all actions taken in regard to development orders in regard to land covered by this plan shall be consistent with this plan, unless the test of vested rights is met. A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses and densities or intensities in the comprehensive plan. Except as provided by general law, amendments to the comprehensive plan may not be made more than two (2) times during any calendar year. "Emergency" means any occurrence or threat thereof, whether accidental or natural, caused by man, in war or peace, which results or may result in substantial injury or harm to the population, or substantial damage to or loss of property or public funds. Additionally, any local government comprehensive plan amendments directly related to a proposed development of regional impact may be initiated by a local planning agency and considered by the local governing body at the same time as the application for development approval, using the procedures provided for local plan amendment in Chapter 163, Florida Statutes (1987), without regard to statutory or local ordinance limits on the frequency of consideration of amendments to the local comprehensive plan or element, or a portion thereof, and shall be as for the original adoption of the comprehensive plan or element, or a portion thereof, as set forth in Section 163.3184, Florida Statutes. Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan. Corrections, updates or modifications of current cost which are set out as part of the comprehensive plan shall not, for the purpose of this act, be deemed to be amendments. The governing body shall transmit to the state land planning agency copies of any amendments it adopts to its comprehensive plan, as provided in F.S. § 163.3187.

(Ord. No. 89-0-5, § 4, 4-13-89)

Editor's note— Exhibit "A" referred to in (a) above is not included herein but is on file and available for inspection in the city manager's office.

The City of Crystal River Comprehensive Plan previously enacted by resolution is hereby repealed.

(Ord. No. 89-0-5, § 5, 4-13-89)

If any portion of this article should be declared unconstitutional, or if the applicability of this article, or any portion thereof, to any person or circumstance should be held invalid, the validity of the remainder of this article and the applicability of this article, or any portion thereof, to other persons and circumstances shall not be affected thereby.

(Ord. No. 89-0-5, § 6, 4-13-89)

Editor's note— Ord. No. 05-0-08, § 5, adopted May 17, 2005, repealed § 12.5-16 in its entirety. Former § 12.5-16 pertained to vested rights and derived from Ord. No. 89-0-5, § 7, adopted Apr. 13, 1989.