This Code shall be known as the "Hillsborough County Land Development Code" and may be cited and referred to as the "Code" or the "LDC." Citation to provisions contained in this Code shall be referenced as "Sec. ________, LDC."

[to be provided]

It is the legislative intent of the Board of County Commissioners in adopting this Code that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety, and general welfare of the inhabitants of the unincorporated portion of Hillsborough County. It is the further intent of the Board of County Commissioners that this Code shall stand, notwithstanding the invalidity of any section, phrase, sentence, or other part hereof, and that should any part of this Code be held to be unconstitutional or invalid by a court of competent jurisdiction, such part shall be deemed a separate, distinct, and independent part, and such holding shall not be construed as affecting the validity of any of the remaining parts.

The Board of County Commissioners of Hillsborough County, Florida, has the authority to prepare, adopt and enforce this Code pursuant to Article 8, Sec. 1(f), the Florida Constitution; Sec. 125.01, et. seq., Florida Statutes; Sec. 163. 3161, et. seq., Florida Statutes; Sec. 163.3161(8), Florida Statutes; Sec. 163.3201, Florida Statutes; Sec. 163.3202, Florida Statutes; Rule 9J-5, Florida Administrative Code; Rule 9J-24, Florida Administrative Code; the Future of Hillsborough Comprehensive Plan; and such other authorities and provisions established in statutory or common law.

It is the purpose of the Board of County Commissioners of Hillsborough County to establish the standards, regulations and procedures for review and approval of all proposed development of property in unincorporated Hillsborough County, and to provide a development review process that will be comprehensive, consistent, and efficient in the implementation of the goals, objectives, and policies of the Future of Hillsborough Comprehensive Plan.

A.

In order to foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the unincorporated areas of Hillsborough County, it is the intent of this Code that the development process in Hillsborough County be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and 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 Hillsborough County.

B.

The Board of County Commissioners deems it to be in the best public interest for all development to be conceived, designed, and built in accordance with good planning and design practices and the minimum standards set forth in this Code.

The Board of County Commissioners of Hillsborough County, Florida, hereby makes the following findings:

A.

Hillsborough County, pursuant to Sec. 163.3161, et. seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulation Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan; and

B.

After adoption of the Comprehensive Plan, the Act, and in particular Sec. 163.3202(1), Fla. Stat., mandates that Hillsborough County adopt land development regulations that are consistent with and implement the adopted Comprehensive Plan; and

C.

Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Hillsborough County of land development regulations for the total unincorporated shall be based on, be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act; and

D.

Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Hillsborough County shall be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which are not consistent with the adopted Comprehensive Plan, or element or portion thereof, shall be amended so as to be consistent; and

E.

Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations; and

F.

On July 26, 1989, Hillsborough County adopted the Future of Hillsborough Comprehensive Plan (hereinafter the "Comprehensive Plan" ) as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et. seq., Fla. Stat., and Rule 9J-5, F.A.C.;

G.

Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Plan or element shall be consistent with such Plan or element as adopted; and

H.

Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulations shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government; and

I.

Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with and further the objectives, policies, land uses, densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government; and

J.

Hillsborough County finds that this Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Hillsborough 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 Hillsborough County; and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Hillsborough County; prevent the overcrowding of land and avoid undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services; conserve, develop, utilize, and protect natural resources within the jurisdiction of Hillsborough County; and to 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 Hillsborough County; and

K.

It is the intent of the Board of County Commissioners of Hillsborough County to effectuate and directly advance these requirements, findings, purposes and intentions for the enhancement of the community character of Hillsborough County, for the betterment of the general welfare, and for the reasons set forth herein through the implementation of the Land Development Code pursuant to the Comprehensive Plan; and

L.

It is the intent of the Board of County Commissioners to implement the Land Development Code in accordance with the provisions of the Comprehensive Plan, Chapter 125, Fla. Stat.; and Chapter 163, Fla. Stat.; through the adoption of this Code, and the Board of County Commissioners find that the adoption of this Code is consistent with, compatible with, and furthers the goals, objectives, policies, land uses and densities and intensities of uses contained in the Comprehensive Plan.

The regulations of this Code shall apply throughout the unincorporated portions of Hillsborough County. No development shall be undertaken without prior authorization pursuant to this Code.

A.

Generally

Nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor shall anything be placed, constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents, or to the community.

B.

Specifically

1.

No building, structure, land or water shall hereafter be developed, used or occupied, and no building, structure, or part thereof shall hereafter be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set out generally herein and for the district in which it is located. In clarification of the foregoing, it is the specific intent of the Board of County Commissioners that all floating structures and buildings, as well as development, buildings and structures built over or in water, shall meet all the requirements of this Code and other codes and regulations of Hillsborough County.

2.

No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as:

a.

To exceed the permitted height, bulk or floor area;

b.

To accommodate or house a greater number of families or other occupants, or to provide a greater number of dwelling units;

c.

To occupy a greater percentage or portion of lot area;

d.

To provide less lot area per dwelling unit or to occupy a smaller lot;

e.

To provide narrower or smaller yards or other open spaces, or spaces or separations between buildings or portions thereof;

f.

To provide less off-street parking or off-street loading space;

g.

To permit the use of the building or structure for a use not permitted in the district in which it is located;

than herein required or limited, or in any other manner contrary to any provisions of this Code.

3.

No development, use or occupation, including but not limited to temporary displays, shall be permitted within road rights-of-way except as provided for elsewhere in this Code or by other applicable ordinances or laws.

(Ord. No. 08-15, § 2, 6-12-08, eff. 10-1-08)

A.

Previously Issued Building Permits

The provisions of this Code and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this Code if:

1.

The development authorized by the permit has commenced prior to the effective date of this Code or any amendment hereto, or will commence after the effective date of this Code but prior to the permit's expiration or termination; and

2.

The development continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this Code or any amendment.

B.

Existing Uses

All uses, structures, and lots existing on the effective date of this Code that are not in compliance with the provisions of this Code shall be considered nonconforming under the terms of this Code, except as otherwise provided in Part 11.03.00 of this Code.

A.

Generally

1.

In construction of the language of these regulations, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the Board of County Commissioners as expressed in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to Chapters 163 and 186, Florida Statutes (1986). The rules of construction and definitions set out herein shall not be applied to any express provisions excluding such construction, or where the subject matter or context of such section is repugnant thereto.

2.

All provisions, terms, phrases and expressions contained in these regulations shall be so construed in order that the true intent and meaning of the Board of County Commissioners may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms.

B.

Minimum Requirements

In the interpretation and application of any provision of these regulations it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these regulations imposes greater restrictions upon the subject matter than a general provision imposed by the Comprehensive Plan or another provision of these regulations, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

C.

Conflict With Other Laws

If the provisions of this Code conflict with those of any other statute, code, local ordinance, resolution, regulation, comprehensive plan, or other applicable law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict. Notwithstanding, if the provisions of this Code conflict with those found in the Development Review Procedures Manual, the provisions of this Code shall prevail in all cases.

D.

Debt or Pledge

Nothing in the Code shall be construed to create a debt or general obligation of the County or a pledge of the full faith and credit or taxing power of the County.

E.

Site Design Requirements Apply Onsite

No part of a yard, area, open space, or off-street parking or off-street loading space required for one structure or use shall be included as meeting requirements for another, except where specific provisions therefor are made in this Code.

F.

Limitations on Creation of New Lots or Reductions of Lots or Yards

1.

No new lot shall be created after the effective date of this Code except in conformity with the requirements of applicable regulations. No yard or lot existing at the time of passage of these regulations shall be reduced by private action in width, depth, or area below the minimum requirements set forth herein. Notwithstanding the foregoing, unmanned public service facilities, including, but not limited to, pump/lift stations, utility substations, and similar public service structures, may be sited on lots smaller than otherwise required if it can be demonstrated to the satisfaction of the Administrator that they meet applicable setbacks, buffers, or other standards.

2.

No portion of a lot, used in connection with an existing or proposed building, structure or use, and necessary for compliance with the area, height, and placement regulations of this Code, shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure, or use.

G.

Action When Development Parcel Contains Two or More Zoning Districts

1.

Where a zoning lot contains two or more district designations with different permitted floor area ratio applying, the permitted floor area ratio for the zoning lot shall not exceed the sum of the results obtained by multiplying the privately-owned land area of the zoning lot in each district by the applicable permitted floor area ratio for that portion of the zoning lot.

2.

Where a zoning lot contains two or more districts designations with different density regulations, (i.e., a differing amount of required lot for each dwelling unit), the density (maximum number of dwelling units) shall not exceed the numeric sum of the maximum number of units that could be constructed on individual portions of the zoning lot in each zoning district.

3.

Nothing in this section shall authorize the location of a use in a district where that use is not either a permitted principal or accessory use or a permissible Special Use.

H.

Reserved.

I.

Text Controls

In case of any difference of meaning or implication between the text of this Code and any figure, the text shall control.

J.

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, that day shall be excluded.

K.

Day

The word "day" shall mean a calendar day.

L.

Week

The word "week" shall be construed to mean seven calendar days.

M.

Month

The word "month" shall mean a calendar month.

N.

Year

The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated.

O.

Gender

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

P.

Number

A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

Q.

Shall and May

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

R.

Tense

Words used in the past or present tense include the future as well as the past or present.

S.

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 other form or method of writing.

T.

Abbreviations Used

AASHTO: American Association of State Highway and Transportation Officials.

DOT: Florida Department of Transportation

EOR: Engineer of Record who is an individual registered by the State of Florida as a Professional Engineer. Further, the individual must be competent to perform engineering assignments in the specific technical field of Civil Engineering and such engineering practice must not be in conflict with subparagraphs (2)(d), (5)(c) and (5)(d) of Rule 21H-19.01 of the Rules of the Department of Professional Regulation, Board of Professional Engineers.

EPC: Environmental Protection Commission of Hillsborough County

FDOT: Florida Department of Transportation

HUD: United States Department of Housing and Urban Development.

(Ord. No. 01-26, § 2, 9-12-01)

The provisions of this Code shall be effective on and after the 1st day of April, 1997.

A.

All applications for which public hearings have been convened prior to the effective date of this Code shall be heard and decided pursuant to the terms of those procedures in effect prior to said effective date.

B.

All applications made prior to the adoption of this Code for which decisions are made after the effective date shall be decided pursuant to the term of the procedures in effect at the time of said application.

C.

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

D.

Notwithstanding the above, more specific requirements of this Code relative to a particular application type shall apply.