This Code constitutes a republication of the general and permanent ordinances of Hardee County, Florida.

Source materials used in the preparation of the republication were the Unified Land Development Code, as updated through Ord. No. 2023-13 on October 12, 2023, and subsequent ordinances. The source of each new section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is part of the Code. By use of the comparative tables appearing in the back of this republication, the reader can locate any section of the Code, as updated.

Acknowledgments

The publisher is most grateful to Holly Smith, Doug Baker, and Todd Miller for their cooperation and assistance during the progress of the work on this republication. It is hoped that their efforts and those of the publisher have resulted in a Unified Land Development Code which will make the active law of the County readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the County's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by CivicPlus and Hardee County, Florida. Editorial enhancements include, but are not limited to: organization, table of contents, prechapter section analyses, editor's notes, and index. Such material may not be used or reproduced for commercial purposes without the express written consent of CivicPlus and Hardee County, Florida.

© Copyrighted material.
CivicPlus and Hardee County, Florida. 2024.

HARDEE COUNTY, FLORIDA

ORDINANCE NO: 2023-13

AN ORDINANCE OF HARDEE COUNTY, FLORIDA, UPDATING AND AMENDING THE HARDEE COUNTY LAND DEVELOPMENT CODE; REVISING AND ADDING VARIOUS LAND DEVELOPMENT REGULATIONS AND ASSOCIATED DEVELOPMENT STANDARDS; CERTIFYING THAT THE AMENDMENTS ARE READY FOR IMPLEMENTATION; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Chapters 125 and 163, Florida Statutes, empower and mandate the Board of County Commissioners of Hardee County, Florida, hereinafter referred to as the "Board", to prepare and enforce land development regulations that are consistent with and implement the Hardee County Comprehensive Plan; and

WHEREAS, on June 21, 2007, the Board adopted the Unified Land Development Code which has since been amended from time to time (the "Current ULDC"); and

WHEREAS, beginning in 2021, the Central Florida Regional Planning Council Board has held more than fourteen workshops and meetings with either the Board, the Hardee County Planning and Zoning Board, sitting as the County's Local Planning Agency, (the "P&Z Board") or community stakeholders to discuss updates and amendments to the Current ULDC; and

WHEREAS, the P&Z Board has reviewed the proposed amendments as substantially contained herein and recommend approval to the Board at a duly noticed public hearing in accordance with the Florida Statutes and Current ULDC on September 7, 2023; and

WHEREAS, the Board has reviewed the proposed amendments with the recommendation of the P&Z Board, Staff and public input at duly noticed public hearings in accordance with Florida Statutes and the Current ULDC; and

WHEREAS, the Board hereby finds that this Ordinance is in the best interest and welfare of the residents of the County and is consistent with the applicable provisions of the County's adopted Comprehensive Plan.

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA, THAT:

Section 1. The foregoing "WHEREAS" clauses are hereby adopted, ratified, and confirmed as being true and correct and are made a specific part of this Ordinance as the County Commission's legislative findings and intent pertaining to this Ordinance.

Section 2. The Hardee County Updated Unified Land Development Code, a true and correct copy of which is attached to this Ordinance as Exhibit "A", is hereby amended and adopted.

Section 3. The County Commission hereby certifies that the Hardee County Updated Unified Land Development Code is ready for implementation.

Section 4. TRANSITION.

(1)

Violations Continue: Any violation of the Code previously in effect (June 21, 2007, Land Development Code with all amendments through the effective date of this Land Development Code) will continue to be a violation under this Code and shall be subject to the penalties and enforcement provisions provided in Section 1.07.00 (Penalties for Violation), unless the use, development, construction, other activity, or violation issue complies with the provisions of this Code.

(2)

Developments with Approvals or Permits:

A)

Building Permit Issued Prior to Effective Date: Any building, structure, or sign for which a lawful Building Permit is issued or for which a complete Building Permit or Sign Permit application as determined by the Building Official or Development Director has been filed at least one day prior to the effective date of this Code, may be constructed and completed in conformance with the permit and other applicable approvals, permits, and conditions, even if such building, structure, or sign does not fully comply with this Code. If construction is not commenced in compliance with the applicable permit terms, the Building Official or Planning and Development Director may grant an extension in compliance with the provisions of the Building Code. If the extension does not state a specific time, it shall be an extension for six months. If the building, structure, or sign is not completed in conformance with the Building Permit and any granted extension, then the building, structure, or sign shall be constructed, completed, or occupied only in compliance with this Code.

B)

Final Site Plan Review and Approval Prior to Effective Date: An applicant whose development has received Site Plan Review and Approval prior to the effective date of this Code may file an application for a Building Permit in compliance with the approved site plan and any conditions of approval, even if the development does not comply with the provisions of this Code. Upon approval of construction plans for the development, a Building Permit may be issued. Site Plan Review and Approval for developments approved prior to the effective date of this Code shall be valid for one year from the date of approval. No time extensions shall be permitted.

C)

Subdivision Plat Approved Prior to Effective Date: An applicant who has received preliminary plat approval for a proposed subdivision prior to the effective date of this Code may file an application for final plat approval, even if the subdivision does not fully comply with the provisions of this Code. If an application for final plat approval is not filed within one year of the date of the preliminary plat's approval, the preliminary plat shall expire. No time extensions shall be permitted. Subsequent preliminary plat applications shall comply with this Section 9.11.00 (Subdivision Regulations).

D)

Special Exception Use Approved Prior to Effective Date: An applicant for a use for which a Special Exception has been approved prior to the effective date of this Code may file an application for a Building Permit, even if the use does not fully comply with the provisions of this Code. If the Special Exception does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire. No time extensions shall be permitted.

(3)

Applications Filed Prior to the Effective Date:

A)

Complete applications for new developments including, but not limited to, Site Plan Review and Approval, Special Exception Use, and preliminary plats, filed prior to the effective date of this Code may be approved under the provisions of the zoning code previously in effect (1999 Land Development Code with all amendments through the effective date of this Land Development Code). Applicants may also elect to develop in compliance with the provisions of this Code, and in that case shall comply with all provisions of this Code. If a Building Permit application is not filed within one year of the date of approval of the application for new development, the approval shall expire. No time extensions shall be permitted.

B)

Applications for amendments to the Zoning Map filed prior to the effective date of this Code shall be governed by the provisions of the zoning code previously in effect (June 21, 2007, Unified Land Development Code with all amendments through the effective date of this Unified Land Development Code) unless the applicant elects to comply with this Zoning Code.

C)

Planning Applications Filed After the Effective Date: All applications for new developments including, but not limited to, Site Plan Review and Approval, Special Exception Use, preliminary plats, as well as amendments to the Zoning Map, filed on or after the effective date of this Code, including modifications and amendments, shall conform to the provisions of this Code.

(4)

Chapter 2023-304, Laws of Florida, Section 14. To the extent any of the amendments impose more restrictive or burdensome procedures concerning review, approval, or issuance of a site plan, development permit, or development order, those procedures shall be effective October 2, 2024, and the procedures concerning the review, approval, or issuance of a site plan, development permit or development order effective on September 27, 2022, shall control.

Section 6. CONFLICTS. Any and all prior ordinances or resolutions of the Board of County Commissioners which conflict with these regulations, or any portion thereof, are hereby superseded and repealed to the extent of any such conflict.

Section 7. CODIFICATION. It is the intent of the Board of County Commissioners that the provisions of this Ordinance, including Exhibit "A" be codified. The Updated Unified Land Development Code shall be further delineated into fourteen (14) Articles with respective Sections as set forth in Exhibit "A". Otherwise, the codifier is granted broad and liberal authority in codifying the provisions of this Ordinance.

Section 8. SEVERABILITY. If any section, sentence, phrase, word or potion of this Ordinance, including any such section, sentence, phrase, word or portion of Exhibits "A" attached and adopted hereto, is determined to be invalid, unenforceable, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word or portion of this Ordinance, including any such section, phrase, word or portion of Exhibit "A".

Section 9. EFFECTIVE DATE. This Ordinance shall take effect on October 12, 2023.

PASSED AND ADOPTED on first reading this 28th day of September, 2023.

PASSED AND ADOPTED on second reading this 12th day of October, 2023.

BOARD OF COUNTY COMMISSIONERS
HARDEE COUNTY, FLORIDA