The ordinances embraced in this chapter shall constitute and be designated as the "DeSoto County Land Development Regulations." This chapter may also be cited as "LDR" or "LDRs."

(LDR, § 1000; Ord. No. 2012-01, § 1000, 5-22-2012)

(a)

The primary purpose of the LDR is implementation of the County Comprehensive Plan, as adopted pursuant to F.S. ch. 163, part II. The Board of County Commissioners deems it necessary to adopt these LDRs for the purposes set forth in F.S. § 163.3202(2) and (3).

(b)

The requirements of the LDR apply to all development occurring after May 25, 1993, the effective date of the original LDR, unless otherwise exempted by the LDR, the County Comprehensive Plan, or other ordinances. If there is a conflict between the LDR and the County Comprehensive Plan, the provisions of the Comprehensive Plan shall prevail and take precedence.

(LDR, § 1300; Ord. No. 2012-01, § 1300, 5-22-2012)

(a)

In the interpretation and application of the LDR, all standards, criteria, and requirements shall be liberally interpreted in favor of the purposes and goals, objectives and policies of the County Comprehensive Plan and deemed neither to limit nor repeal any other lawful regulatory powers of the County.

(b)

Where the LDR conflicts with or overlaps other regulations, whichever imposes the more stringent restrictions shall prevail.

(c)

In the event that any questions arise concerning application of regulations, performance standards, definitions of this LDR, the Director of Development shall be responsible for interpretation. Responsibility for interpretation by the Director shall be limited to standards, regulations, and requirements of the LDR; such responsibility shall not be construed to include interpretation of any technical codes adopted by reference. Interpretations must be based on and be consistent with the LDRs, and do not include waivers of specific LDR requirements, standards or regulations, unless specifically authorized in these LDRs. Further, responsibility for interpretation shall not be construed to substitute for any rights or responsibilities assigned to any commission, board, or official named in other sections of the LDR. The officials shall rely upon policies adopted in the County Comprehensive Plan in making any such interpretation.

(d)

It is the intent of the Board of County Commissioners that this LDR be interpreted and applied in a manner which respects the property rights of owners and developers in the County, does not place an inordinate burden on any owner or developer, is consistent with the Right to Farm Act (F.S. § 823.14), as it may be subsequently amended; recognizes and protects the building code exemption for nonresidential farm buildings provided by F.S. §§ 553.73 and 604.50, as those provisions may be subsequently amended; complies with F.S. § 163.3162, concerning agricultural lands and practices, F.S. § 163.3163, the Agricultural Acknowledgment Act, and F.S. § 633.226, farm building exemptions, as those provisions may be subsequently amended; and protects the public health, safety and welfare.

(e)

The LDR shall not be affected by deed restrictions or private restrictive covenants, recorded with any deed, plat or other document. No person or agency, in the capacity of enforcing and administrating the LDR shall be responsible for enforcing any deed restrictions.

(f)

More specific provisions of the LDRs shall take precedence over more general provisions that may be in conflict with the more specific provisions.

(LDR, § 1410; Ord. No. 2012-01, § 1410, 5-22-2012; Ord. No. 2014-06, § 2, 10-28-2014)

These LDRs are not intended to repeal, abrogate, or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the County; provided, however, that where this LDR imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires more restrictive development standards than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this ordinance shall govern. The LDR is not intended to repeal any lawful approval by official County action of any planned development, planned unit development, or subdivision.

(LDR, § 1420; Ord. No. 2012-01, § 1420, 5-22-2012)

(a)

General applicability. Except as specifically provided in Subsection (b) of this section, the provisions of the LDR shall apply to all development in the County, and no development shall be undertaken which is in conflict with the requirements of these LDRs.

(b)

Exceptions.

(1)

Previously issued development permits. The provisions of the LDR 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 the LDR or any amendment thereto, or will be commenced after the effective date of the LDR but within six months of issuance of the development permit; and

b.

The development activity continues without interruption (except because of an Act of God, war, natural disaster, or other force majeure) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of the LDR or amendment thereto.

(2)

Previously approved development orders. Projects with development orders that have not expired at the time the LDR or an amendment thereto is adopted, shall be required to meet the requirements of the LDR and amendments thereto, unless the developer has in good faith relied upon the development order which caused him to make such a substantial change in position or incur such extensive obligations and expenses that it would be highly unjust and inequitable to enforce specific provisions of the LDR or an amendment thereto. In such a circumstance the developer will be excepted from those specific provisions of the LDR and amendments thereto, for which enforcement would be unjust and inequitable. All other provisions of the LDR and amendments thereto shall be enforced. In no event shall a project be permitted to continue that is in conflict with State law or other County ordinances or with standards less than those required by the County ordinances in effect when the development order was approved. If the development order expires or is otherwise invalidated, further development on that site shall occur only in conformance with the requirements of the LDR or amendment thereto.

(3)

Consistency with Plan. Nothing in this section shall be construed to authorize development that is inconsistent with the County Comprehensive Plan.

(LDR, §§ 1510, 1520; Ord. No. 2012-01, §§ 1510, 1520, 5-22-2012)

The Land Development Regulations that became effective on May 25, 1993, and all subsequent amendments thereto as well as ordinances in conflict herewith are hereby repealed and replaced with these LDRs on July 2, 2012. However, any matters, subjects or issues addressed in ordinances which are not included in these LDRs and which are not in conflict with these LDRs, including, but not limited to, ordinances regulating phosphate mining and the spreading of sludge, are not repealed or superseded by enactment of these LDRs and continue in full force and effect.

(LDR, § 1600; Ord. No. 2012-01, § 1600, 5-22-2012)