This document shall be referred to as the "Unified Land Development Code of Hardee County" and may be referred to herein as the Unified Land Development Code, Land Development Code, this Code, the Code, the ULDC, or the LDC.

This Unified Land Development Code is enacted pursuant to the requirements and authority of F.S. § 163.3202 and the general powers enumerated in F.S. § 125 (County Government) for the purpose of promoting the general health, safety, and welfare of present and future inhabitants of Hardee County.

The Unified Land Development Code is adopted to:

(A)

Promote and protect the public health, safety, and general welfare of the residents and property owners of Hardee County;

(B)

Implement the adopted Comprehensive Plan through a set of specific and detailed land development provisions;

(C)

Combine various County regulations and laws pertaining to the development of land into one comprehensive Unified Land Development Code;

(D)

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

(E)

Maintain and improve the quality of life in the County;

(F)

Establish a development review process to ensure compliance with this Code and consistency with the Comprehensive Plan; and

(G)

Provide that the needed public utilities and facilities are available concurrently with the impact of development at a level of service established by the County.

The Unified Land Development Code shall be consistent with and implement the adopted Hardee County Comprehensive Plan. The Unified Land Development Code shall be amended as necessary, by ordinance, to ensure consistency with the Hardee County Comprehensive Plan.

All requests for development order approval must comply with the Unified Land Development Code, must further the adopted Comprehensive Plan, and shall be reviewed for consistency with the goals, objectives, and policies contained within the elements of the adopted Comprehensive Plan.

With the exemptions listed in F.S. § 1.04.02, all development in Hardee County shall be subject to the provisions of this Code, and no development shall be undertaken without prior authorization pursuant to this Code.

No building, structure, or land shall hereafter be used or occupied, no land shall be altered or developed, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered and no existing use, new use, or change of use of any building, structure, or land, or part thereof, shall be made or continued, 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 this Code. With the exceptions listed below, all development in Hardee County shall be subject to the provisions of this Code, and no development shall be undertaken without prior authorization pursuant to this Code.

(A)

Previously Issued Development Orders. A development project with an approved site development plan or subdivision plat may proceed under regulations in effect at the time of approval provided that:

(1)

The development order has not expired at the time of adoption of this Code or amendment thereto; and

(2)

Development activity has begun or will begin according to the time limits under which the development was originally approved. If the development order expires or is otherwise invalidated, any further development activity on the development site will conform to the requirements of this Code or amendment thereto.

(B)

Previously Issued Development Permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit provided that:

(1)

The development permit was issued prior to adoption of this Code and development activity has begun or will begin within six months of the date of issuance of the development permit; and

(2)

Development activity continues without interruption until the development is complete. If the development permit expires, any further development will conform to the requirements of this Code or any amendments thereto.

(C)

Previously Submitted Application. A previously submitted application that has been advertised for public hearing prior to the effective date included in F.S. § 1.09.00, may proceed under regulations in effect at the time of application date.

(D)

Phosphate Mining. Phosphate mining shall proceed as specified in Article 13, Land Excavation and Mining Regulations. In addition, nothing herein shall be assumed to prohibit the Board of County Commissioners from adjusting the Mining Financial Fee Schedule for phosphate mining as deemed necessary.

The provisions of this Code will be held to be the minimum requirements adopted for the promotion of the public health, safety, and welfare and to implement the Comprehensive Plan of Hardee County.

The interpretation and application of this Code including all standards, criteria, requirements, and provisions shall be considered as the minimum requirements necessary to protect the public health, safety, and welfare; shall be liberally construed in favor of the County; and shall not be deemed to limit nor repeal any other powers granted by State Statutes.

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.

If any question arises concerning the application of Codes, performance standards, definitions, development criteria, or any other provision of this Code, the Director of Planning and Development, or their designee, shall be responsible for interpretation. Responsibility shall not be construed to substitute for any rights or responsibilities assigned to any commission, board, or official named in other sections or articles of this Code. The Director of Planning and Development shall look to the Hardee County Comprehensive Plan for guidance. Interpretation of the adopted Florida Building Codes or any Hardee County building ordinance(s) shall be the responsibility of the Building Official.

This Code is not intended to repeal, abrogate, or interfere with any existing legally enforceable easements, covenants, or restrictions duly recorded in the public records of Hardee County. This Code is not intended to repeal any lawful approval by official County action of any planned development, planned unit development, or subdivision.

Where the provisions of this Code conflict with the requirements of any other regulation or provision of the law, whichever imposes the more restrictive provision shall apply.

(A)

Relationship to Specific/General Provisions. 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.

(B)

Computation of Time. 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, then the next business day shall be the last day.

(C)

Gender. All personal pronouns used in this Code, whether used in the masculine, feminine or neuter gender, shall include all other genders.

(D)

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

(E)

Shall, May. The word "shall" is mandatory; the word "may" is permissive.

(F)

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

(G)

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

(H)

Day. The word "day" shall mean a calendar day unless a business day is indicated.

(I)

Business Day. The term "business day" shall mean any day except any Saturday, any Sunday, any day which is a legal holiday, or day posted on the Hardee County's website where the offices are closed.

(J)

Calendar Day. The term "calendar day" shall mean the period from one midnight to the following midnight.

(K)

Boundaries. See Section 10.08.01.

The photographs, drawings, and other images included in this Unified Land Development Code are intended merely to be examples of designs that may be allowed under the provisions of this Code under certain circumstances which include compliance with all other applicable provisions of this Code. The images are not intended to depict designs that are allowed under all circumstances. In situations in which there is a conflict between an image or any portion thereof and the textual requirements of the Code, the provisions of the text shall apply.

References throughout this Code to the Florida Statutes, Florida Administrative Code, and any standards established by specific organizations identified in this Code, shall include any amendments and amendments hereafter, including Chapter, Article, and Rule renumbering. References to specific regulating agencies, and organizations which establish standards shall include any changes in the identifying name of said agencies or organizations.

Upon the effective date of this Code, any and all other County ordinances, resolutions, or general laws, or any part thereof, which conflict with any provision or provisions of this Code are hereby repealed, except as otherwise provided for herein. In the event any portion of this Code is declared invalid, the comparable provision or portion of the immediately preceding development codes shall be in full force and effect, notwithstanding anything to the contrary contained in this Code.

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 and the comparable provision or portion of the immediately preceding Unified Land Development Code shall be in full force and effect, notwithstanding anything to the contrary contained in this Code.

This Code is hereby enacted and shall be the Unified Land Development Code for the County and shall be in full force and effect from and after its passage, the effective date being October 12, 2023.

A copy of this Code, as may be amended from time to time, shall be kept in the office of the County Clerk. Hard copies in full or by Article shall be made available to the public.

This Code shall be amended by ordinance and in accordance with the regulations for a public hearing for an ordinance as adopted by the County consistent with Florida Statutes. The proposed changes shall go before the Planning and Zoning Board, who shall make a recommendation for or against and shall forward that recommendation, with the ordinance, to the Board of County Commissioners.

Proposed amendments to this Code are not reviewed by the Florida Department of Commerce (DOC), according to State statute.

(A)

A violation of the Unified Land Development Code or failure to comply with any of the requirements contained therein, including violations of conditions and safeguards established in connection with variances or special approvals, shall constitute a misdemeanor.

(B)

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.

(C)

Any person who, in connection with a subdivision of lands, shall do or authorize any clearing and grubbing, or shall lay out, construct, open, or dedicate any street, sanitary sewer, storm sewer, water main, or drainage structure, or shall erect any building or transfer title to any land or building without having first complied with the provisions of this Code, or who performs any of such actions contrary to the terms of an approved subdivision plat, or who otherwise violates this Code shall be guilty of a misdemeanor. Each day that the violation continues shall constitute a separate violation.

(D)

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 Unified Land Development Code.

(E)

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

Violation of the provisions of this Code or failure to comply with any of the requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, site development plans, or PUD Rezonings shall constitute a misdemeanor. Any person who violates this Code or fails to comply with any of the requirements shall, upon conviction thereof, be fined or imprisoned in the County Jail consistent with Florida Statutes requirements (F.S. § 162.21). Each day such violation continues shall be considered a separate offense.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, building 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.

Nothing herein contained shall prevent the County from taking such other lawful action, including but not limited to resorting to equitable action, as is necessary to prevent, abate, or remedy any violation of this Code.

If the County prevails in any such lawful action, all costs incurred, including but not limited to reasonable attorney fees shall be charged to the owner of the property upon which the violation occurred. If said costs are not paid within 30 days from date of invoice thereof, there shall be a lien placed upon the property upon which the violation occurred and shall bear interest at the rate of 10% per annum from the date when the same became due and payable.