These regulations shall be known and may be cited as the "Highlands County Land Development Regulations" or "regulations."

(Ord. No. 05-06-30, § 2)

The BCC, pursuant to Article 8, Section 1(f), the Florida Constitution; F.S. § 125.01 et seq.; F.S. § 163.3161 et seq.; F.S. § 163.3171(2); F.S. § 163.3174; F.S. § 163.3177; F.S. § 163.3184; F.S. § 163.3187; F.S. § 163.3191; F.S. § 163.3194; F.S. § 163.3201; and F.S. § 163.3202; and such other authorities and provisions established in statutory or common law has the authority and statutory obligation to adopt, enact, and enforce these regulations.

(Ord. No. 05-06-30, § 2; Ord. No. 16-17-17, § 1; Ord. No. 19-20-09, § 1)

A.

Intent. The board of county commissioners (hereinafter referred to as the "BCC") deems it necessary to promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, morals and the general welfare of the county to enact these land development regulations.

B.

Findings. The BCC hereby makes the following findings:

1.

F.S. § 163.3161 et seq., known as the Community Planning Act (hereinafter referred to as the "Act"), requires Highlands County to prepare and adopt a comprehensive plan.

2.

F.S. § 163.3171(2), stipulates that the county shall exercise authority for the total unincorporated area under its jurisdiction pursuant to the Act.

3.

F.S. § 163.3174, directs the establishment of a "local planning agency" (LPA) for the purpose of preparing and administering a comprehensive plan for Highlands County.

4.

F.S. § 163.3177, establishes the required and optional elements comprising the comprehensive plan.

5.

F.S. §§ 163.3184 and 163.3187 describe the process for the adoption of a comprehensive plan and for the subsequent plan amendments.

6.

F.S. § 163.3194, confirms and clarifies the legal status of the comprehensive plan in directing all development regulations and subsequent development orders for achieving the growth management goals, policies and objectives adopted by the county as expressed in the comprehensive plan.

7.

F.S. § 163.3201, provides that it is the intent of the "Act" that the adoption and enforcement by Highlands County of land development regulations for the total unincorporated areas shall be based on, be related to, and be a means of implementation for, the comprehensive plan.

8.

F.S. § 163.3202, directs the county to prepare and adopt land development regulations, in sufficient comprehensiveness, to implement all land development, within Highlands County, consistent with the adopted comprehensive plan. Also, it encourages the county to use innovative land development regulations such as transfer of development rights, incentive and inclusionary zoning, planned-unit development, impact fees and performance standards.

9.

On January 16, 1991, the Highlands County Comprehensive Plan was adopted. That comprehensive plan was amended and approved, pursuant to F.S. §§ 163.3184 and 163.3187, and pursuant to the requirements of F.S. § 163.3161 et seq.

10.

Further, the BCC finds that these regulations are intended and necessary to preserve and enhance the present advantages that exist in Highlands County; encourage the most appropriate use of land, water, and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Highlands County; and it is intended that these land development regulations preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Highlands County; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, central potable water, central wastewater, schools, parks, recreational facilities, housing, and other requirements and services; conserve, develop, utilize, and protect natural, cultural, archaeological, and historical resources within the jurisdiction of Highlands County; protect human, environmental, social, and economic resources; and maintain, through orderly growth and development, the character and stability of present and future land uses and development in Highlands County.

11.

It is the intent of the BCC to implement the land development regulations in accordance with the provisions of the Highlands County Comprehensive Plan, F.S. Ch. 125, and F.S. Ch. 163, through the adoption of these regulations, and the BCC finds that the adoption of these regulations is consistent with, compatible with, and furthers the goals, objectives, policies, land uses and densities and intensities of uses contained in the Highlands County Comprehensive Plan.

C.

Purpose and intent—General. The provisions of these land development regulations shall be construed and implemented to achieve the following purposes and intentions of the Highlands County Board of County Commissioners:

1.

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.

2.

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

3.

To adopt a development review process that is:

a.

Efficient, in terms of time and expense;

b.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

c.

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.

4.

To implement the county comprehensive plan as required by the "Community Planning Act."

5.

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).

(Ord. No. 05-06-30, § 2; Ord. No. 16-17-17, § 2)

F.S. § 163.3201, provides that the adoption and enforcement by Highlands County of Land Development Regulations for the total unincorporated areas shall be based on, be related to, and be a means of implementation for, the comprehensive plan; and further, F.S. § 163.3202, directs the county to prepare and adopt land development regulations, in sufficient comprehensiveness, to implement all land development within Highlands County, consistent with the adopted comprehensive plan.

(Ord. No. 05-06-30, § 2)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals and general welfare of the county. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, resolutions, deed restrictions or covenants, the more restrictive or that imposing the higher standards shall govern.

(Ord. No. 05-06-30, § 2)

A.

General. In the interpretation and application of these regulations 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. Other rules for interpretation are pursuant to Article 2 and other applicable sections of this Code.

B.

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

C.

Computation of time. When a time certain is specified for the completion of an act or compliance with an order or requirement of these regulations, the time shall be computed by using calendar days unless noted otherwise.

D.

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

E.

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

F.

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

G.

Rules for interpretation of boundaries. Interpretations regarding boundaries shall be made by the enforcing official in accordance with the following:

1.

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

2.

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

3.

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

4.

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

5.

Boundaries indicated as approximately following the boundaries of an incorporated municipality shall be construed as following such boundaries.

6.

Boundaries indicated as following railroad tracks shall be construed to be midway between the main tracks.

7.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through 4. above shall be so construed.

H.

Relationship of specific to general provisions. More specific provisions of these regulations shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(Ord. No. 05-06-30, § 2)

The county administrator may appoint the following persons to act as his designee with respect to the provisions of these regulations as cited hereinafter and pursuant to section 12.18.103 of this Code for the enforcement and interpretation of these regulations:

A.

County engineer;

B.

Building official;

C.

Fire marshal;

D.

Development services director;

E.

Planning supervisor;

F.

Zoning supervisor;

G.

Planning and zoning manager.

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 this provision or section specify otherwise.

(Ord. No. 05-06-30, § 2; Ord. No. 13-14-02, § 1; Ord. No. 22-23-02, § 2)

A.

Technical construction standards manuals. Current construction standards codes, such as the Highlands County Technical Standards Manual, the Florida Building Code and other applicable Codes are incorporated and adopted by reference into these regulations. Where these current construction standards codes are modified or changed in any manner through the process of updating; such modification or changes shall be automatically made in these regulations.

B.

Maps. Maps showing land use districts, conservation areas, overlay zones and other applicable maps illustrating spatial land standards are here incorporated into these regulations by reference.

(Ord. No. 05-06-30, § 2)

Any and all pending development actions up to and including the date of adoption of these regulations shall be considered in accordance with the following provisions:

A.

All applications for development approval for which required public hearings have been convened prior to the effective date of these regulations shall be heard and decided pursuant to the terms of those procedures, requirements and regulations in effect at the time such application was filed.

B.

Except as otherwise provided in these regulations, all applications filed prior to the adoption of these regulations for which a final decision will be made after the effective date of these regulations shall be decided pursuant to the terms of the procedures in effect at the time said application was filed.

C.

All applications made after adoption of these regulations shall be decided pursuant to the terms of these regulations all applications made after adoption of these regulations shall be decided pursuant to the terms of these regulations in effect at the time of the decision.

(Ord. No. 05-06-30, § 2)

The regulations, restrictions and district boundaries may from time to time be amended, supplemented, changed or repealed in accordance with the following procedures:

A.

A petition for a change to these regulations may be filed by the county, any citizen, or owner of land in the county.

B.

The P&Z shall consider the petition for change in these regulations at an advertised public hearing and shall forward a recommendation on the requested change to the BCC for final action. No recommendation for change may be made by the P&Z unless and until a public hearing has been held on the same. The P&Z shall operate under the criteria and procedures of applicable sections and articles of this chapter.

C.

Petitions shall be addressed to the P&Z and shall be filed with the zoning clerk. Such petitions shall contain or be accompanied by all pertinent information which may be required by the county for its proper consideration of the matter.

D.

If a P&Z recommendation for change is not acted upon by the BCC within 60 days of the date of its receipt by the BCC, the petition upon which the recommendation was based shall be deemed to have been denied.

E.

The time limits of this chapter may be waived by the affirmative vote of four members of the P&Z or a majority of the BCC when such action is deemed necessary to prevent injustice or to facilitate the proper development of the county.

(Ord. No. 05-06-30, § 2)

A.

Upon recommendation of the P&Z, the BCC shall establish a schedule of fees, charges and expenses and a collection procedure for all matters pertaining to these regulations. This schedule of fees and charges shall be posted in the office of the zoning supervisor and may be altered or amended by the BCC.

B.

No permit, certificate, special exception, or variance, shall be issued or public hearing held unless and until such costs, fees, charges or expenses have been paid in full.

(Ord. No. 05-06-30, § 2)

A.

If the provisions of these regulations conflict with those of any other statute, code, local ordinance, resolution, regulation or other applicable federal, state or local law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict.

B.

Any prosecution arising from a violation of any resolution repealed by this chapter, which prosecution was ending as of January 1, 1971, or any prosecution which may be started within one year after such date, in consequence of any violation of any resolution herein, which violation was committed prior to such date, shall be tried and determined exactly as if such resolution had not been repealed.

(Ord. No. 05-06-30, § 2)

These land development regulations are not intended to repeal, abrogate or interface with any existing easements, covenants, or deed restrictions duly recorded in the public records of Highlands County.

(Ord. No. 05-06-30, § 2)