The rules and regulations herein shall be known and cited as the "Gilchrist County Land Development Code" and may be referred to herein as the "Land Development Code" or "Code."

These land development regulations are adopted pursuant to the authority contained in Chapter 125, Florida Statutes, and Chapter 163, Part II, Florida Statutes.

These land development regulations shall apply to the entire unincorporated area of the County.

To the extent that the provisions of these land development regulations are the same in substance as the previously adopted provisions that they replace in the prior Land Development various ordinances of the County, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted land development regulations does not achieve lawful nonconforming status under these regulations merely by the repeal of the previous land development ordinances.

In order to accomplish the goals, objectives and policies listed within the County's Comprehensive Plan, these land development regulations are guided by, based on, related to, and a means of implementation of, the Comprehensive Plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act" (Chapter 163, Part II, Florida Statutes). All regulations are consistent with the Comprehensive Plan and any amendments thereto shall be consistent with the Comprehensive Plan. The phrase "consistent with the Comprehensive Plan" means in a manner which the land development regulations are compatible with and further the Comprehensive Plan. The term "compatible with" means that the land development regulations are not in conflict with the Comprehensive Plan; and the term "furthers" means to take action in the direction of the Comprehensive Plan.

Subject to the regulations in this Code relating to nonconforming situations, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his or her control except in accordance with all of the applicable provisions of this Code. For purposes of this Section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for development permits, development orders, and any other land use approvals required by this Code. The amount of the fees charged shall be as established by resolution of the Board of County Commissioners filed in the office of the Clerk of the Circuit Court of the County. Fees established in accordance with this Section shall be paid upon submission of a signed application or other initiation of a land use procedure under this Code.

This Land Development Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the County.

In the event any court of competent jurisdiction should hold that any section or provision of this Code to be unconstitutional or invalid, the same shall not effect the validity of these land development regulations as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid.

The regulations in this Land Development Code shall be effective on January 1, 2007, pursuant to the initial adoption thereof. Amendments to this Code may have future effective dates.

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 Director shall be responsible for interpretation and shall look to the rules for interpretation set forth herein, the intents and purposes of the land development code, and the county comprehensive plan for guidance. This shall not be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

(a)

Unless otherwise specifically provided, 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. When the period of time prescribed is less than 7 days, intermediate Saturdays, Sundays and holidays shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him or her and the notice or paper is served by mail, 3 days shall be added to the prescribed period.

Whenever a provision appears requiring the head of a department or some other city/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.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

The word "person" shall include a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

(h)

The present tense includes the future tense.

(i)

The terms "used" or "occupied" include the words intended, designed, or arranged to be used or occupied.

(j)

The term "Director" or "Planning Director" shall mean the Director of the Department of Community Development, or designee.

(k)

The term "Department" or "Planning Department" shall mean the Gilchrist County Department of Community Development.

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

(a)

Except as otherwise specifically provided, district symbols or names shown within district boundaries indicate that district regulations pertaining to the district extend throughout the entire area surrounded by the boundary line.

(b)

Boundaries shown as following or approximately following any street, railroad track, or other transportation corridor, shall be construed as following the centerline of the street or corridor. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

(c)

Boundaries shown as approximately following municipal limits shall be construed to follow such municipal limits.

(d)

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

(e)

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

(f)

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

(g)

Boundaries indicated as following mean high water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high water lines or centerlines. Boundaries shown as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of Board of County Commissioners shall be construed to continue in the direction in which they enter the body of water and intersection with another zoning boundary or with the limits of jurisdiction of the Board of County Commissioners. In case of a change in mean high water line, or of the course or extent of bodies of water, the boundaries shall be construed to move with the change, except where such move would change the zoning status of a lot or parcel. In such case, the boundary shall be interpreted in a manner as to avoid changing the zoning status of any lot or parcel.

(h)

Where a single lot is located within 2 or more zoning districts, each portion of that lot shall be subject to all regulations applicable to the district in which it is located.

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.

Certain unrecorded subdivisions within Gilchrist County shall, for various purposes specified in this Land Development Code, be treated the same as subdivisions for which final plats have been recorded in the official county plat book pursuant to Chapter 177, Florida Statutes. Such unrecorded subdivisions were listed in the prior Gilchrist County Land Development Regulations, adopted April 19, 1993, and it is the intent of the County Commission that such list be carried forward to this Land Development Code without interruption.

(Ord. No. 2011-09, § 1, 7-5-2011)

The list of Certified Unrecorded Subdivisions is as follows:

(Ord. No. 2011-09, § 1, 7-5-2011; Ord. No. 2018-02, § 2, 5-7-2018)