This code shall be entitled the "Land Development Code of Flagler County, Florida" and may be referred to herein as the "Code."

This Land Development Code is enacted pursuant to the requirements and authority of Chapter 163.3202, Florida Statutes, (the Local Government Comprehensive and Land Development Regulation Act), and the general powers in Chapter 125, Florida Statutes (county government).

It is the intention of Flagler County that this Code implement the planning policies reflected in the Comprehensive Plan and other planning documents.

In accordance with Chapter 163 of the Florida Statutes, all permits issued under this Chapter shall be consistent with the adopted Comprehensive Plan.

When reference is made in this Code to the statutes, codes, specifications or other regulations, it is intended that subsequent amendments to such codes, statutes, specifications or regulations will be automatically adopted by reference herein except as provided by subsequent resolutions of the county commission.

Any fees or charges established by the county pursuant to the regulations or requirements established herein may be changed from time to time by resolution of the county commission, and the Code shall be deemed to be amended thereby.

It shall be unlawful for any person to change or amend, by addition or deletion, any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with this Code, in any manner whatsoever, which will cause the law of the county to be misrepresented thereby.

Except as specifically provided below, the provisions of this code shall apply to all development in Flagler County, except its municipalities, and no development shall be undertaken without prior authorization pursuant to this Code.

A.

Previously issued building permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective building permit issued by Flagler County if:

1.

The building activity authorized by the permit has been commenced prior to the effective date of this Code, or will be commenced after the effective date of this code but within six (6) months of issuance of the building permit; and

2.

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

B.

Previously approved development orders. Future development under a previously issued development order may be subject to this Code.

The provisions of all previously approved developments of regional impact, PUD ordinances, recorded subdivisions and plat agreements shall continue in effect, provided such development orders have not expired. All provisions of such valid, previously approved development orders shall supersede and prevail over any conflicting provisions of this Code. To the extent that a previously issued development order is not in conflict with this Code, then the provisions of this code shall apply to all development undertaken subsequent to the enactment of this Code.

C.

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the county comprehensive plan.

A.

Statutory requirement. Chapter 163, Florida Statutes, requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the county.

B.

General public need. Controlling the location, design and construction of development within the county is necessary to maintain and improve the quality of life in the county as more fully described below.

With regard to the following specific subject areas of this Code, the county commission finds:

A.

Administration and enforcement.

1.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability and citizen participation.

2.

All development proposals should undergo a development review process to assure compliance with the requirements of this Code.

3.

Developments of large potential impact on the community should go through a more rigorous review process than others.

4.

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

5.

Enforcement of development orders and the provisions of this Code should be through procedures that are efficient, effective and consistent with the code enforcement procedures established by state law.

B.

Signs.

1.

The way in which signs are erected, located and maintained affect the public health, safety, and welfare of the citizens of Flagler County.

2.

The safety of the motorists, cyclists, pedestrians, and other users of the public streets and property is affected by the number, size, location, and appearance of signs that are intended to and result in distracting the attention of drivers.

3.

The size and location of signs if uncontrolled may constitute an obstacle to effective firefighting and the provision of other emergency services.

4.

Uncontrolled and unlimited signs may result in a roadside clutter that impedes the flow of information from businesses to consumers thereby harming commerce, and impedes the flow of information from traffic signs and signals thereby creating hazards to drivers and pedestrians.

5.

Improperly or inappropriately constructed or maintained signs may constitute a danger to pedestrian and vehicular traffic especially during periods of strong winds.

6.

Uncontrolled and unlimited signs degrade the aesthetic attractiveness of the natural and manmade attributes of Flagler County and thereby undermine the economic value of tourism and economic growth.

7.

The regulation of signs ultimately reduces costs to the business community by minimizing the necessity to build ever larger or more distracting signs to attract consumers from competing business with large or garish signs.

8.

The removal of nonconforming signs promotes fair economic competition, aesthetic values and public safety.

9.

Special rules apply to signage within the A1A Scenic Corridor to preserve the aesthetic and natural qualities that make it a state designated scenic highway.

C.

Landscaping and tree protection.

1.

Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements.

2.

Trees and landscaping benefit the community by:

a.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

b.

Precipitating dust and other particulates from air;

c.

Providing wildlife habitat, particularly for birds which in turn help control insects;

d.

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

e.

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during the warm months;

f.

Making the built environment more attractive by adding a variety of color, shape and pattern and thus increasing community pride and the value of property;

g.

Providing attractive buffering between incompatible land uses; and

h.

Abating noise.

3.

Because native vegetation is adapted to local diseases, pests, soil and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.

4.

It is desirous to minimize destruction of trees due to development, while not unduly restricting the county's growth.

5.

Exotic vegetation can crowd out native vegetation, use more water, and damage the environment from increased use of fertilizers and pesticides.

6.

Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

D.

Off-street parking and loading.

1.

Offstreet parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.

2.

Well-designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

E.

Stormwater management.

1.

Preservation of the water resources of Flagler County is critical to the public health, safety and welfare.

2.

It is necessary to impose reasonable restrictions to control stormwater runoff and conserve the water resources of Flagler County.

3.

Stormwater management requirements will allow landowners reasonable use of their property.

4.

The Comprehensive Plan of Flagler County, requires a land development regulation that deals with stormwater management.

5.

There is insufficient time to prepare a regulation which implements Flagler County's regulatory jurisdiction over stormwater within the time required by Florida Chapter 163.

6.

On an interim basis, Flagler County will adopt existing federal, state and regional regulatory standards because they are the most available standards to utilize on this interim basis.

F.

Floodplain protection.

1.

The flood hazard areas of Flagler County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and hazardous to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

G.

Protection of environmentally sensitive lands.

1.

Wetlands contiguous to waters of the State, and noncontiguous and isolated wetlands serve the following important functions to varying degrees, in the hydrologic cycle and ecological system:

a.

Riverine wetlands and adjacent floodplain lands provide natural storage and conveyance of flood waters.

b.

Coastal wetlands and inland wetlands adjoining larger bays, lakes and rivers act as buffers to waves and erosion.

c.

Wetlands temporarily store high flows and flood flows and retard their velocities, reducing erosion and entrapping suspended sediments which otherwise would enter and accumulate on the bottoms of open water bodies. Wetlands vegetation filters and detains sediment which would otherwise enter lakes and streams.

d.

Wetlands act to protect water bodies by providing settling of suspended solids and assimilation of nutrients, other natural chemicals and some manmade pollutants.

e.

Coastal wetlands are important sources of nutrients for fish and shellfish and as spawning grounds. Inland wetlands adjacent to rivers, streams, and lakes are important to freshwater fisheries as spawning grounds.

f.

Both coastal and inland wetlands provide essential breeding and predator escape habitats for many forms of mammals, birds, reptiles, amphibians, fish, and invertebrates.

g.

Wetlands provide essential habitat for many rare, endangered, and threatened species.

h.

Wetlands provide excellent public and private recreational opportunities including, but not limited to, fishing, hunting, camping, photography, boating and nature observation.

i.

Wetlands, especially in karst terrain, contribute to surface water storage and may contribute to groundwater recharge.

2.

Considerable acreage of wetlands has been lost by such activities as draining, dredging, flooding, filling, excavating, building, polluting, and other acts. Remaining wetlands are in jeopardy of being lost or impaired by such acts. The loss of wetlands is contrary to the public health, safety and welfare.

3.

The Comprehensive Plan of Flagler County requires a development regulation that protects wetlands.

4.

Existing federal, state and regional regulatory standards and their enforcement have resulted in a net loss of wetlands.

5.

The deficiencies in these regulatory standards are related in part to jurisdictional thresholds that do not provide protection to all wetlands of one-half (½) acre or more and do not provide adequate mitigation measures.

6.

Wetland loss also is due to inadequate enforcement of regulatory standards and permit conditions and inadequate monitoring plans.

7.

Flagler County will adopt regulatory standards to the extent that there will be no net loss of wetlands.

H.

Interim wellfield protection.

1.

The growth of new development in Flagler County requires conservation and protection of groundwater.

2.

The principal sources of potable water for domestic consumption come from three aquifers: the surficial, intermediate and the Floridan.

3.

These aquifers and the major wells that serve existing and future growth are susceptible to contamination from a variety of contaminants originating at or near the surface.

4.

The surficial aquifer in Northeast Flagler County has been designated by the United States Environmental Protection Agency as a "sole source aquifer."

5.

The Board of County Commissioners of Flagler County has found that the protection of potable water supplies is a valid public purpose and would implement and be consistent with the Flagler County Comprehensive Plan.

6.

There is insufficient time to prepare an ordinance which implements Flagler County's regulatory jurisdiction over wellfields within the time required by Florida Chapter 163.

7.

On an interim basis Flagler County will adopt existing federal, state and regional regulatory standards because they are the most available standards to utilize on this interim basis.

I.

Consistency and concurrency.

1.

Section 163.3161 et seq., Florida Statutes, establishes the Local Government Comprehensive Planning and Land Development Regulation Act.

2.

The act requires each local government in the State of Florida to adopt a comprehensive plan to guide and control future development consistent with the requirements of the act.

3.

Flagler County has adopted Ordinance No. 90-4, the Flagler County Comprehensive Plan.

4.

Section 163.3177(10)(h), Florida Statutes, provides that it is the specific intent of the legislature that public facilities services needed to support development shall be available concurrent with the impact of such development. This is commonly referred to as the concurrency provision of the act.

5.

Rule 9J-5.0055, Florida Administrative Code, requires that a concurrency management system be implemented by the county after the adoption of the comprehensive plan to ensure that public facilities and services needed to support development are available concurrent with the impacts of such development.

6.

Section 163.3202(g), Florida Statutes, prohibits local governments from issuing development orders or permits which result in a reduction of service for the affected public facilities below the level of services provided for in the comprehensive plan of the local government.

7.

The Flagler County Comprehensive Plan, Ordinance No. 904, outlines the adopted levels of service standards for required concurrency items, including roads, solid waste, drainage and parks and recreation. The individual providers of water and sewer have levels of service, whether they are a municipality or a private company, which the county must also address in its concurrency management system.

8.

The purpose of a concurrency management system is to provide the necessary regulatory mechanism for evaluating development orders to ensure that adequate public facilities are available with the development's impact. An additional component of a concurrency management system is the establishment of a framework for determining public facility needs and providing a basis for meeting those needs through capital improvement planning.

9.

The Flagler County Commission hereby exercises its legislative authority pursuant to the Constitution of the State of Florida, Chapter 125, Florida Statutes, and Chapter 163, Florida Statutes, by establishing the following mechanism to ensure that acceptable levels of service are available concurrent with the impacts of development.

(Ord. No. 01-26, § B., 12-17-01)

With regard to this Land Development Code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the county commission:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in the county.

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 county 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 resource 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 county.

D.

To implement the county comprehensive plan as required by the Local Government Comprehensive Planning and Land Development Regulation Act.

E.

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

The provision of this Code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the county commission:

A.

Administration and enforcement.

1.

To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, the county comprehensive plan, and other applicable county regulations.

2.

To promote efficiency, predictability and citizen participation.

3.

To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions.

B.

Signs.

1.

To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

2.

To permit signs that are:

a.

Compatible with their surroundings.

b.

Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists.

c.

Appropriate to the type of activity to which they pertain.

d.

Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the need for regulation.

3.

To promote the overall economic wellbeing of the businesses in the county.

C.

Landscaping and tree protection.

1.

To enhance the attractiveness of the community.

2.

To conserve energy through the cooling and shading effects of trees.

3.

To abate nuisances such as noise, glare, heat, air pollution, dirt, dust and litter.

4.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

5.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas by:

a.

Clearly delineating and buffering the bounds of vehicular use areas, particularly where they abut public rights-of-way, so that movement, noise, and glare in one area do not adversely distract activity in another area;

b.

Limiting physical site access to established points of ingress and egress; and

c.

Limiting the internal movement of vehicles and pedestrians to designated traffic configurations.

D.

Parking and loading. To assure that all developments provide for adequate and safe storage and movement of vehicles in a manner consistent with community standards and good engineering and site design principles.

E.

Stormwater management.

1.

To protect the quantity and quality of ground and surface waters.

2.

To perpetuate recharge into the groundwater system.

3.

To reduce erosion loss of valuable topsoils and subsequent sedimentation of surface water bodies.

4.

To prevent loss of life and property damage due to runoff from any foreseeable rainfall event.

F.

Floodplain protection.

1.

To protect human life and health.

2.

To minimize expenditure of public money for costly flood control projects.

3.

To minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at the expense of the general public.

4.

To minimize prolonged business interruptions.

5.

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains.

6.

To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas.

7.

To insure that potential home buyers are notified that the property is in a flood area.

G.

Protection of Environmentally Sensitive Lands

1.

To protect environmentally sensitive lands while also recognizing the rights of property owners.

2.

To protect, maintain, and enhance Flagler County wetlands.

3.

To maintain a no-net-loss of wetlands in Flagler County.

In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of the county and deemed neither to limit nor repeal any other powers granted under state statutes.

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the planning and zoning director shall be responsible for proper interpretation and shall look to the county comprehensive plan for guidance. Responsibility for interpretation by the planning and zoning director shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

Whenever a provision appears requiring the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

Words importing the masculine gender shall be construed to include the feminine and neuter.

Words in the singular shall include the plural and words in the plural shall include the singular.

The word "shall" is mandatory; "may" is permissive.

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

The word "year" shall mean a calendar year, unless otherwise indicated.

The word "day" shall mean a working day, unless a calendar day is indicated.

Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following natural features shall be construed as following such features.

More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

Any person, whether as owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this Code, or permits any such violation to continue, or otherwise fails to comply with the requirements of this Code or of any plan or statement submitted and approved under the provisions of this Code, shall be guilty of an ordinance violation and subject to prosecution. Each day such violation continues shall be considered a separate offense. At the option of the county, any violation may be processed through the county's code enforcement board.

In addition to any penalty provided by law for the violation of any of the provisions of this Code, the county commission may bring suit in the appropriate circuit court to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this Code.

No provision of this Code designating the duties of any county officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for failure to perform such duty unless specifically and clearly expressed in the section creating the duty.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

The effective date of The Land Development Code of Flagler County, Florida is March 18, 1991.