This ordinance shall be entitled the "City of Eagle Lake Land Development Regulations" and may be referred to herein as these regulations, the land development regulations, or LDR.

These regulations are enacted pursuant to the requirements and authority of chapter 163.3202, Florida Statutes (F.S.), the general grant of powers for municipal corporations pursuant to chapter 166, F.S., and the city Charter.

In order to protect the health, safety, and general welfare of the property owners, residents, and businesses of the city and to promote the orderly growth and development of the City of Eagle Lake, these regulations are adopted by the city commission of the City of Eagle Lake to accomplish the following purposes:

1.

Implement the adopted comprehensive plan through a set of specific and detailed land development provisions;

2.

Combine various city regulations and laws pertaining to the development of land into one comprehensive land development regulation;

3.

Guide the future growth, development, and redevelopment of the city;

4.

Maintain and improve the quality of life in the city;

5.

Establish a development review process to ensure compliance with these regulations and consistency with the comprehensive plan; and

6.

Ensure that necessary public utilities and facilities are available concurrently with impact of development at a level of service established by the city.

The land development regulations are declared to be consistent with and in furtherance of the implementation of the adopted city comprehensive plan. All applications and requests for development order approval shall comply with these land development regulations, shall further the adopted comprehensive plan and the goals, objectives, and policies contained therein, and shall be reviewed for consistency with the elements of the adopted comprehensive plan as now or hereafter adopted by the city commission, including:

1.

Future land use map;

2.

Future land use element;

3.

Traffic circulation element;

4.

Housing element;

5.

Conservation element;

6.

Recreation and open space element;

7.

Intergovernmental coordination element;

8.

Capital improvements element;

9.

Infrastructure element and all sub-elements;

10.

Public schools facilities element.

1.

General. The provisions of these regulations shall apply to all development activity within the corporate limits of the City of Eagle Lake, Florida. No development activity, as defined in the regulations and chapter 163, F.S. shall be undertaken without prior authorization pursuant to these regulations.

2.

Effect. No building, structure, or part thereof, hereafter shall be altered, developed, redeveloped, used, constructed, reconstructed, erected, razed, or occupied; nor land or water or incremental part thereof, hereafter, shall be cleared, developed, altered, or used except in conformity with the regulations specified for the zoning district in which it is located, and in conformity with all other applicable provisions of these regulations. When the use of a structure or land or any part thereof is changed to a use within a different class, all the requirements of this Code and other applicable regulations shall be met.

3.

Exceptions. The provisions of these regulations and any subsequent amendments hereto, shall not affect the validity of any lawfully issued and effective development order, construction permit, or site plan approval, provided further that:

A.

The development activity authorized by the development order has commenced or been authorized prior to the effective date of these regulations or application for building permit has been made and said permit is granted and does not expire. Extensions to said permit or site plan shall not be granted if there is conflict with any of the provisions of these regulations; and

B.

The development activity continues without interruption until the development is complete. If the construction permit expires, any further development activity shall occur only in compliance with the requirements of these regulations. Interruption shall be defined as a cessation in construction activity for a period greater than one year or a cessation of construction activity which does not follow an approved phasing plan;

C.

Any development activity that is exempted from the provisions of these regulations pursuant to section 1.2.1.10 shall meet only the requirements of the regulations in effect at the time the development order was approved. If the development order expires for any reason, any further development activity shall occur only in compliance with these regulations.

The interpretation and application of these regulations are declared to be the minimum necessary to protect the public health, safety, and welfare, and shall be interpreted as such; they shall be liberally construed in favor of the city; and shall not be deemed to limit any other powers granted by state statute.

These regulations are not intended to abrogate any existing legally enforceable easement, covenant, or restriction duly recorded in the public records of Polk County.

Where the provisions of these regulations conflict with the requirements of any other regulation or provision of law, whichever imposes the more stringent provision shall prevail; and provided further, that, the more specific provisions of these regulations shall be followed in lieu of more general provisions that are more lenient and conflict with the more specific provisions.

If any division, chapter, article, section, subsection, paragraph, sentence, clause, phrase, or any combination thereof of these regulations is for any reason whatsoever held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of these regulations shall continue in full force and effect, and the comparable provision or portion of the immediately preceding development regulations shall be in full force and effect, notwithstanding anything to the contrary contained in these regulations; it having been the intention of the city commission to have adopted these regulations without such division, chapter, article, section, subsection, paragraph, sentence, clause, or phrase.

On the effective date of these regulations, all existing ordinances and codes of the city that regulate the use of land, buildings, development, construction, fire safety, and related public safety issues are hereby repealed to the extent said regulations are enrolled herein or in conflict herewith; except as may otherwise be provided for herein.

The amount of all fees and charges in place prior to the adoption of these regulations shall continue in effect upon the adoption hereof and thereafter until said fees and charges are specifically amended, or otherwise modified, by the city commission.

These regulations shall take effect immediately upon adoption following the second reading of ordinance by title only.

A copy of these regulations, as may be amended from time to time, shall be kept in the office of the city clerk. Copies in full or by divisions or chapters shall be made available for public sale.

1.

An administrative official, appointed by the city commission and provided with such assistance as the city commission may direct, shall be responsible for the administration and enforcement of the land development regulations.

2.

The administrative official shall diligently enforce the land development regulations, making necessary inspections to this end and investigating promptly all complaints; reporting the findings and actions to complainants and using the best endeavors to prevent violations and to detect and secure the correction of violations.

3.

If it is found that any of the provisions of the land development regulations are being violated, written notification shall be given by the administrative official to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The administrative official shall order discontinuance of illegal use of land or structures, removal of illegal structures or of illegal additions, alterations or structural changes, discontinuance of any illegal work being done, and shall take or cause to be taken any other action authorized by the land development regulations or other laws of the city, county, or state to ensure compliance with, and prevent violations of, the provisions of the land development regulations.

4.

The administrative official shall maintain records of all official actions with relation to administration, and of all complaints and actions taken with regard thereto, and of all violations discovered by whatever means, with remedial action taken and disposition of cases.

No building or other structure shall be erected, moved, added to, or structurally altered without a development permit therefore, issued by the administrative official. No development permit shall be issued by the administrative official except in conformity with the provisions of the land development regulations, unless under a written order from the planning commission in the form of an administrative review, special exception, or variance as provided for by the land development regulations.

1.

In addition to the requirements contained in the land development regulations, all applications for development permits shall be accompanied by plans in triplicate, drawn to scale, showing the actual dimensions and shape of the lot or parcel to be built upon, the exact sizes and locations on the lot of buildings already existing, if any, and the location and dimensions of the proposed building or alteration. This information shall be prepared by or shall be taken from information prepared by a registered land surveyor. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed building(s) or alteration; existing or proposed uses of the building(s) and land; the number of families, housekeeping units or rental units the building is designed to accommodate if residential in character; conditions existing on the lot, and such other matter as may be necessary to determine conformance with, and provide for the enforcement of the land development regulations.

2.

In addition to any requirements contained elsewhere in these regulations, one copy of the plans shall be returned to the applicant by the administrative official, after marking such copy either as approved or disapproved and attesting to same on such copy. The original and one copy of the plans, similarly marked, shall be retained by the administrative official.

1.

It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted wholly or partly altered or enlarged in its use or structure until a certificate of compliance shall have been issued therefore by the administrative official stating that the proposed use of the building or land conforms to the applicable requirements of the land development regulations. No occupational license shall be issued by the city until the building official, fire official, and county health official when applicable, shall sign off their approval, concurring that the proposed use of the building or land conforms to the applicable requirements of the land development regulations.

2.

No nonconforming structure or use shall be maintained, renewed or changed, and no nonconforming structure shall be extended, until a certificate of compliance shall have been issued by the administrative official; provided, that upon enactment or amendment of the land development regulations, owners or occupants of nonconforming structures or uses shall have 90 days to apply for certificates of compliance. The certificate shall state specifically wherein the nonconforming use or structure differs from the provisions of the land development regulations. Failure to make such application within the 90 days indicated shall be presumptive evidence that the property was being used in conformity with the terms of the land development regulations, or that the structure so conformed, at the time of its adoption or amendment, and that any variation from use or structural regulations of the land development regulations is illegal.

3.

No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a certificate of compliance, and the certificate shall be issued in conformity with the provisions of the land development regulations upon completion of the work.

4.

A temporary certificate of compliance may be issued by the administrative official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion; provided, that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

5.

The administrative official shall maintain a record of all certificates of compliance, and a copy shall be furnished upon request to any person.

6.

Failure to obtain a certificate of compliance shall be a violation of the land development regulations and punishable as provided for in the land development regulations.

1.

Except as may be provided otherwise in the land development regulations, if the work described in any development permit has not begun within six months from the date of issuance thereof, said permit shall expire and be cancelled by the administrative official. Written notice shall be provided to the person(s) affected.

2.

If the work described in any development permit has not been substantially completed within one year of the date of issuance, except as may be provided for otherwise in the land development regulations, said permit shall expire and be cancelled by the administrative official. Written notice shall be provided to the person(s) affected that further work as described in the cancelled permit shall not proceed unless and until a new development permit has been obtained. However, the administrative official may authorize extension of such term when due cause is demonstrated to the satisfaction of the administrative official.

Development permits or certificates of compliance issued on the basis of plans and applications approved by the administrative official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of the land development regulations, and punishable as provided for in the land development regulations.

In their interpretation and application, the provisions of the land development regulations shall be held to be minimum requirements, adopted for the protection, promotion, and improvement of the public health, safety, comfort, order, appearance, convenience, morals, and general welfare. Wherever the requirements of the land development regulations are at variance with the requirements of other lawfully adopted rules, regulations, or ordinances, the most restrictive or that imposing the higher standards shall govern.

A violation of the provisions of the land development regulations or failure to comply with any of the requirements contained therein, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall constitute a misdemeanor.

The owner or tenant of any building, structure, premises or part thereof, any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

1.

It shall be a misdemeanor for any person to destroy, move, remove, deface or obscure any sign or notice erected or posted pursuant to the requirements of the land development regulations.

2.

Nothing contained herein shall prevent the city from taking any other lawful action necessary to prevent or remedy any violation.

Any person who violates the provisions of the land development regulations or fails to comply with any of its requirements, shall upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.