This ordinance shall be entitled the "Town of Malabar Land Development Code." When hereinafter used, unless the context indicates otherwise, the terms this "ordinance" or this "code" refer to the Town of Malabar Land Development Code.

The legislative authority for the Town of Malabar Land Development Code is as follows:

•

§ 163.3202, Florida Statutes, mandates that local governments shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan.

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§ 163.3202, Florida Statutes, requires that land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall as a minimum:

(a)

Regulate the subdivision of land;

(b)

Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space;

(c)

Provide for protection of potable water wellfields;

(d)

Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management;

(e)

Ensure the protection of environmentally sensitive lands designated in the comprehensive plan;

(f)

Regulate signage;

(g)

Provide for concurrency management. The concurrency management system must require that no development order or permit for development be issued unless such order or permit is conditioned on the availability of required public facilities and services concurrent with the impacts of the development. The concurrency management system is further elaborated in Policy 1-3.1.2 of the Town of Malabar Comprehensive Plan.

(h)

Ensure safe and convenient onsite traffic flow considering needed vehicle parking.

The purpose of the Town of Malabar Land Development Code is to assist implementation of the Town's Comprehensive Plan. More specifically the Code is intended to carry out Comprehensive Plan policies concerned with land use; transportation; housing; parks; recreation and open space; conservation and coastal management; public facilities including water, wastewater and drainage system improvements; fiscal management; and intergovernmental coordination.

The Town of Malabar Land Development Code, pursuant to §§ 163.3201 and 163.3202 Florida Statutes, is adopted to assist in carrying out the desired general policies of the Comprehensive Plan for managing the use of land, water and resources within the Town of Malabar. The Land Development Code is and shall remain consistent with the Comprehensive Plan as mandated by the State's Local Government Comprehensive Planning Act. The Land Development Code shall be amended as necessary to assure consistency with the Town of Malabar Comprehensive Plan.

A.

General Applicability. The Land Development Code shall apply to all development or changes in land use throughout the incorporated municipality of the Town of Malabar. No development, as defined herein, or change in land use shall be undertaken without prior authorization pursuant to this Code.

B.

Status of Previously Issued Construction Permits. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective construction permit if:

1.

The development activity authorized by the permit has been commenced prior to the effective date of this Code or any amendment thereto or will be commenced after the effective date of this Code but within 60 days of issuance of the building permit; and

2.

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the construction permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

C.

Status of Previously Approved Development Plans. Projects with unexpired development plans on which development activity is taking place at the time this Code or an amendment thereto is adopted must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

A.

General Interpretations. In the interpretation and application of this Code all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the Town, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes.

B.

Conflicts. 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.

Where the provisions of the Code appear to conflict with another law, the most restrictive provision shall govern.

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.

Upon the effective date of this ordinance, all of Chapters 7; 13—16; and 18—20 as well as any other ordinances of the Code of Ordinances, Town of Malabar, Florida which are in conflict with this Code are hereby repealed and shall be superseded by the provisions of this Code.

The obligations, restrictions, rights and/or regulations heretofore existing on land located in the corporate limits of the Town of Malabar shall not be impaired, affected or avoided by the adoption of this Code.

Any prosecution arising from a violation of any ordinance repealed by this ordinance, which prosecution may be pending at the time this Code becomes effective, or any prosecution which may be started within one year after the effective date of this Code as a consequence of any violation of any ordinance repealed therein, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly [as] if such ordinance had not been repealed.

Any person, firm, partnership or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor of the second degree and upon conviction thereof, shall be punished as provided by Section 775.082 or 775.083, Florida Statutes, as exists or as may hereinafter be amended.

Each day that a violation of this Code continues after written notice without compliance shall constitute a separate offense punishable upon conviction.

Provisions of this ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention.

This ordinance shall take effect immediately upon adoption by the Town.