This portion of the City Code of Ordinances shall be known as the Code of Land Development Regulations (LDRs) of the City of Eustis, Florida. These regulations are adopted in accordance with the provisions of F.S. ch. 163 and pursuant to the City of Eustis City Charter.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

The general purpose of this Code is to establish procedures and standards for the development of land within the corporate boundaries and the planning area of the city, such procedures and standards being formulated in an effort to promote the public health, safety and welfare and enforce and implement the city's comprehensive plan, while permitting the orderly growth and development within the city and Eustis planning area consistent with its small town community character and life style.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

These regulations are applicable within the corporate limits of the city and shall be used in an advisory capacity throughout the city planning area as identified in the city comprehensive plan. The city planning area is shown on the future land use map adopted and updated as an integral part of the city's comprehensive plan. Copies of any of the referenced documents are available for public inspection in the division of development services.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

These regulations shall be applicable to all development applications except those that are specifically excluded within the content of these regulations or by law.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

(a)

Vested rights generally. Pursuant to F.S. § 163.3167(8), nothing in the comprehensive plan shall limit or modify the rights of any person to complete any project that has been authorized as a development of regional impact pursuant to F.S. ch. 380, or who has been issued a final local development order and development has commenced and is continuing in good faith.

(b)

Vested rights certificates. Any person may request from the city a determination of whether the person's right to complete a project is vested pursuant to these regulations and F.S. § 163.3167(8), notwithstanding the imposition of concurrency requirements. Such request shall be made on application forms as the city may from time to time prescribe, and the request shall be made and shall be reviewed and approved or disapproved in accordance with the procedures described in these regulations.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

It is the intention of the city commission of the city, and the city local planning agency, that this Code serve to implement the requirements of state statutes. These regulations specifically address the following provisions:

(1)

The subdivision of land, including provisions that meet statutory requirements, including review procedures, design and development standards, provisions for adequate public facilities, mitigation of development impacts, land dedications, fee and administrative provisions.

(2)

The regulation of the use of land and water for the land use categories included within the city comprehensive plan and implemented through the city land use map and these land development regulations.

(3)

Protection of the available potable water supply sources through the control of land uses and activities within the identified cones of influence and general areas of influence for the city potable water wells and well fields.

(4)

Regulation of areas subject to seasonal and periodic flooding and the provision of drainage and stormwater management through the control of the type, location, density and intensity of land uses located within these areas.

(5)

The protection of environmentally sensitive areas designated in the comprehensive plan, particularly the wetlands areas identified in the conservation land use category.

(6)

The regulation of signage.

(7)

The provision of public facilities and services concurrent with the impacts of development based on the adopted levels of service for each of the facilities and services contained within the city's adopted comprehensive plan.

(8)

The provision of safe, convenient and integrated on-site traffic flow which considers the need for vehicle parking and pedestrian movement.

(9)

The implementation of the regulations specifically stated in the adopted goals, objectives and policies of the city comprehensive plan.

(10)

Implementation of performance standards.

(11)

Implementation of impact fees, developer exactions, open space, park dedication requirements, redevelopment district, stormwater management, utility and associated fees.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

(a)

General rules.

(1)

In the interpretation of these regulations, the following rules shall be observed unless such construction would be inconsistent with the comprehensive plan, or with the stated intent and purpose of these regulations, or where the language of any section of these regulations contains any express provisions excluding such construction, or where the subject matter or context of such section is determined by the city commission to be repugnant thereto.

(2)

All provisions, terms, phrases and expressions contained in these regulations shall be liberally construed to follow the goals, objectives and policies of the city's comprehensive plan and in order that the intent and meaning of the city's comprehensive plan may be fully carried out. No provision of this Code shall be interpreted so as to limit or repeal any other powers granted to the city under state statutes.

(3)

In the interpretation and application of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these regulations imposes a greater restriction upon the subject matter than a general provision imposed by another provision of these regulations, the provision imposing the greater restriction of regulation shall be deemed to be controlling.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

The time within which an act is specified to be completed shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday recognized officially by the city commission of the city, that day shall be excluded.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

Whenever a provision appears requiring the city manager or the head of a department or some other city officer or employee to perform a certain function, it is to be construed to authorize delegation of that function to qualified subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

Words importing the masculine gender shall be construed to include the feminine and neuter. A word imparting the singular number may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing. Words used in the past or present tense include the future as well as the past or present.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

Words or phrases shall be construed according to the common and approved usage of the English language. However, technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

The word "shall" is mandatory, and the word "may" is permissive.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)

Where a map is incorporated into this Code and used in connection with its administration boundaries on such map which are shown as approximately following a street, utility line, railroad, river or stream, or other similar linear feature, it shall be construed as following the center line of that feature. Boundaries which are shown as following, or approximately following, any platted lot line or other property line or section line, half-section line or quarter-section lines, shall be construed as following that line.

(Ord. No. 15-13, § 1(Exh. A), 10-1-2015)