This ordinance shall be entitled the "City of New Smyrna Beach Land Development Regulations" and may be referred to herein as the "LDR."

This LDR is enacted pursuant to the requirements and authority of F.S. § 163.3202, the city Charter, and the general powers in F.S. ch. 166.

103.01. General applicability. Except as specifically provided below, the provisions of this LDR shall apply to all development in the city and no development shall be undertaken without prior authorization pursuant to this LDR.

103.02. Exceptions. The provisions of this LDR and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:

A.

A building permit has been issued by the chief building official prior to the effective date of this ordinance;

B.

A site plan or subdivision preliminary or final plat has been approved prior to the effective date of this ordinance.

104.01. General findings.

A.

F.S. ch. 163, requires the City of New Smyrna Beach to enact unified land development regulations which implements and is consistent with the city's comprehensive plan and which contains all land development regulations for the city.

B.

Controlling the location, design and construction of development within the city is necessary to maintain and improve the quality of life within the city as more fully described below.

C.

High quality development pays for itself. It provides necessary improvements, enhances the tax base, attracts other quality development and, in general, is an asset to the city.

D.

Low quality development does not pay for itself. It overburdens existing improvements, adds little to the tax base, attracts other low quality development and, in general, is a liability to the city.

104.02. Specific findings.

A.

Administration and enforcement.

(1)

Land development administrative procedures under one cover promotes efficient development.

(2)

All development proposals should undergo a development review process to assure compliance with the requirements of this LDR.

(3)

Mandatory concept review allows developers to modify proposals in response to early citizen and staff comment.

(4)

Developments having large potential impact on the environment and community should go through a more rigorous review process than others.

(5)

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

(6)

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

(7)

A quick, efficient and nonpolitical avenue of appeal should be available for all administrative decisions.

(8)

Enforcement of development orders and the provisions of this LDR should be through procedures that are efficient, effective and consistent with the LDR enforcement procedures established by state law.

(9)

All developers should develop using the same administration and enforcement procedures.

(10)

Development agencies and boards, permits and consistent enforcement procedures assure community developments that maintain or improve the quality of life within the city.

(11)

Amendment and exception procedures assure quality development in a dynamic and imperfect setting.

B.

Comprehensive plan consistency and concurrency.

(1)

The city's comprehensive plan is a blueprint of future growth and was developed with input from the community. Developments consistent with the comprehensive plan express community desires.

(2)

Concurrency is required to prevent public facilities from being overloaded and thus reducing the quality of life in the city.

(3)

Concurrency will require development to pay for itself and relieve existing residents from the burden of paying for growth.

C.

Improvement design standards.

(1)

Right-of-way improvements.

a.

Are costly to construct and maintain.

b.

Should provide safe, adequate and aesthetically pleasing access to property.

c.

Contribute greatly to stormwater runoff pollution if drainage systems are not constructed properly.

d.

Provide a potentially hazardous situation for pedestrian, bicycle and vehicular traffic if not properly designed and constructed.

(2)

Stormwater management.

a.

Stormwater runoff erodes [land] and pollutes ground and surface water.

b.

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

c.

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation, and damages flora and fauna.

d.

Installation of impervious surfaces increases the volume and rate of stormwater runoff and decreases groundwater recharge.

e.

Improperly managed storm- water runoff increases the incidence and severity of flooding and endangers property and human life.

f.

Improperly managed storm- water runoff alters the salinity of estuarine areas and diminishes their biological productivity.

g.

Degradation of ground and surface waters imposes economic costs on the community.

h.

Eighty to 95 percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall ("first flush"), and carried off-site in the first one-half inch of runoff.

i.

Improperly managed storm- water adversely affects the drainage of surrounding property.

(3)

Utilities.

a.

Reliance on the city central potable water system reduces salt water intrusion associated with individual wells and package potable water treatment plants;

b.

Reliance on the city central sewer system reduces pollution associated with septic tank and package wastewater treatment systems;

c.

Underground utilities are much more aesthetically pleasing and cost less to maintain than overhead utilities; and

d.

The utilities commission specifies the required sewer, water and electric power capacity for each development.

(4)

Fire protection.

a.

The amount of water required to extinguish a fire ("fire flow" is indicated in gallons per minute) varies with the size of a development;

b.

Adequate access to a development must be available in order to provide sufficient fire protection;

c.

Firewalls prevent a fire in one unit from easily spreading to another unit;

d.

Adequate fire protection saves money for the property owner, the city, and the residents of the city; and

e.

The ultimate fire protection goal is to prevent loss of life.

(5)

[Tree preservation and landscaping.] Tree preservation and landscaping benefit the community by:

a.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

b.

Precipitating dust and other particulates from the air;

c.

Providing wildlife habitat, particularly for birds which in turn help control insects;

d.

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

e.

Providing shade which reduces energy consumption and glare and making outdoor areas more comfortable during the warm months;

f.

Making the developed environment more attractive by adding a variety of color, shape and pattern and thus increasing community pride and the value of property;

g.

Providing attractive buffering between incompatible land uses;

h.

Abating noise;

i.

Attracting higher quality developments into the community; and

j.

Saving money for the property owner and the city in general.

(6)

[Native vegetation.] Because native vegetation is adapted to local diseases, pests, soil and climate, it is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water.

(7)

[Exotic vegetation.] Exotic vegetation can crowd out native vegetation, uses more water, and damages the environment from increased use of fertilizers and pesticides.

(8)

[Beneficial trees.] Because some trees are more beneficial than others, the public benefits of tree protection may be obtained without preserving each and every tree.

(9)

[Mangrove trees.] Mangrove trees are especially valuable in stabilizing, building and protecting the shoreline, providing for spawning and breeding grounds for marine organisms and other wildlife, and serving as the basis for most of the estuarine food chains, which are critical to 70 to 90 percent of those species considered important from a recreational and/or commercial standpoint.

(10)

Addressing and mail delivery.

a.

Proper visibility of the property address is necessary for efficient police, fire and mail delivery service.

(11)

Police protection.

a.

Proper lighting of property is necessary to prevent vandalism, burglary and other mischievous acts;

b.

Trees and shrubbery located in front of windows and doors aid criminals in wrongful entry to structures; and

c.

Signage can be used in abating crime and traffic violations and improving traffic safety.

(12)

Solid waste management.

a.

Efficient trash collection is necessary for the health and welfare of a community; [and]

b.

Traditionally solid waste management areas are an eye sore. Aesthetically pleasing solid waste management areas maintain or increase property values and the welfare of the community in general.

(13)

Solid waste recycling.

a.

Solid waste recycling is mandated by state statutes;

b.

Solid waste recycling saves money by conserving the valuable natural and manpower resources used to produce goods; [and];

c.

Solid waste recycling reduces the cost of waste management by reducing dependence on landfill facilities. The cost to construct and operate a landfill facility runs in the millions of dollars per acre.

(14)

Buildings.

a.

Buildings constructed to proper standards protect the health of the general public particularly in times of natural or manmade disaster; and

b.

Buildings constructed to proper standards maintain or enhance the value of property within the city and therefore enhance the welfare of the general public.

(15)

Off-street parking and loading.

a.

Some land uses require more parking spaces than other land uses;

b.

The size of automobiles have varied throughout the years. During the late 1970's and early 1980's car sizes were generally reduced. During the mid and late 1980's, car sizes increased. Inadequate parking space and access aisle size results in damaged automobiles and injured persons;

c.

Over-paving a site is unattractive and results in runoff pollution and flooding; and

d.

Parking lots need to be designed for vehicular and pedestrian traffic.

(16)

Permanent reference points.

a.

Accurate subdivision of land is necessary to easily determine lot and block boundary lines so there is no question of ownership in the future.

(17)

Sidewalk and bicycle facilities.

a.

New Smyrna Beach is a beach and retirement community and thus has a large amount of bicycle and pedestrian traffic.

b.

Sidewalk and bicycle facilities are needed to assure a safe separation between vehicular, bicycle and pedestrian traffic.

c.

The city averages approximately one pedestrian/vehicular accident per month. If more sidewalk and bicycle facilities were available, this rate would, most likely, be lower.

d.

The city may be held liable in a pedestrian or bicycle/automobile accident for not providing adequate pedestrian or bicycle facilities.

(18)

Signs.

a.

The manner of the erection, location and maintenance of signs affects the public health, safety, morals and welfare of the people of this community.

b.

The safety of motorists, cyclists, pedestrians, other users of the public streets, and property is affected by the number, size, location and appearance of signs that are intended to and result in the diversion of the attention of drivers.

c.

The size and location of signs may, if uncontrolled, constitute an obstacle to effective firefighting techniques.

d.

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

e.

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the community and thereby undermine the economic value of tourism, visitation and permanent economic growth.

f.

It is therefore necessary for the promotion and preservation of the public health, safety and welfare of the people of this community that the erection, construction, location and maintenance of signs be regulated and controlled.

g.

Large signs, flashing signs, or other signs specifically prohibited are prohibited because they distract traffic and thus create unsafe conditions for the general public.

D.

Subdivision design.

(1)

Aesthetically pleasing subdivision design attracts potential residents and thus increases the sale of lots and tax base;

(2)

Lots with adequate dimensions, orientation and access are desirable and attractive to potential residents; and

(3)

Subdivisions with adequate access are convenient and attractive to potential residents and safe in case of an emergency.

E.

Flood zones.

(1)

Flooding is a natural, recurring phenomenon in the city.

(2)

Naturally floodprone lands serve the following important functions in the regional hydrologic cycle and ecological system because they:

a.

Provide natural storage and conveyance of floodwaters;

b.

Facilitate groundwater recharge;

c.

Provide temporary storage of surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges;

d.

Reduce erosion, and filter nutrients, sediments, and other pollutants from floodwaters; and

e.

Export detritus and other food sources to open water bodies and are vital habitat for fish, birds, wildlife and native plant communities.

(3)

Naturally occurring flooding may provide recharge to groundwaters and a basic source of flow to surface waters.

(4)

The uncontrolled development of floodprone lands substantially degrades the health, safety and welfare of the community in the following ways:

a.

The owners, residents, customers, guests, and employees occupying homes, businesses and other structures located in floodprone areas are placed at unreasonable risk of personal injury and property damage;

b.

Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded;

c.

Roads, public facilities, and utilities associated with development may be damaged by flooding at great expense to taxpayers and rate payers;

d.

Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control floodwaters;

e.

Normally floodfree lands are placed at risk of flooding when floodwaters on natural floodprone areas are obstructed, diverted, displaced or channelized by development;

f.

Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost; and

g.

Property values are lowered and economic activity is disrupted by damaging floods.

F.

Protection of environmentally sensitive lands.

(1)

Protection of environmentally sensitive lands promotes the well being of the people of the city as described below and in the conservation element.

(2)

The various types of protected environmentally sensitive areas serve the following beneficial functions:

a.

Wetlands provide natural storage and conveyance of floodwaters, and minimize erosion and sedimentation by reducing flood flows and the velocity of floodwaters;

b.

Coastal wetlands, and inland wetlands adjoining larger lakes and rivers protect wildlife and the shoreline from destructive wave action;

c.

Wetlands filter and help decompose sediments, nutrients, and other natural and manmade pollutants that would otherwise degrade surface and ground waters;

d.

Wetlands support commercial and recreational fishing because they provide essential nutrients and hatcheries for aquatic life;

e.

Wetlands provide habitat for rare and endangered species, and provide essential breeding and protective habitats for many other birds, mammals, and reptiles; and

f.

Wetlands supply ground and surface water.

(3)

Agricultural and development activities have destroyed or impaired the beneficial functions of many environmentally sensitive lands in the city.

(4)

Federal and state regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.

(5)

Considerable acreage of wetlands has been lost, and their important functions impaired, by draining, dredging, flooding, filling, excavating, building, polluting, and other acts. Remaining wetlands are in jeopardy of being lost or impaired by such acts. The loss of important wetland functions are contrary to the public health, safety, and welfare.

G.

Protection of cultural resources.

(1)

There are, located within the city, historical, architectural, and archeological districts, sites, buildings, structures, and objects that are unique and irreplaceable assets to the city.

(2)

In recognition of these assets, the city has adopted a conservation element as part of its comprehensive plan.

(3)

The conservation element of the comprehensive plan includes a survey of cultural resources which has been adopted as the official inventory of the historic resources of the city.

(4)

The recognition, protection, enhancement and use of these resources are public purposes promoting the economic, educational, cultural and general welfare of the public by increasing property values, stabilizing neighborhoods and older areas of the city, increasing economic benefits to the city and its inhabitants, enriching human life in its educational and cultural dimensions, and fostering civic pride in the beauty and noble accomplishments of the past.

(5)

The city has for many years exerted efforts in an attempt to encourage redevelopment of the older parts of the city and continues to do so.

(6)

It is the will of the Florida Legislature as expressed in F.S. ch. 267 that the state's historic sites and properties, buildings, artifacts, treasure troves, and objects of antiquity, which have scientific or historical value, or are of interest to the public, be protected and preserved.

H.

Wellfield protection. Wellfield protection is needed to safeguard the public health, safety and welfare by providing for regulation of the storage, handling, use or production of hazardous substance within zones surrounding potable water supply wells thereby protecting the potable water supply from contamination.

105.01. General intent.

A.

Conform with the requirements of F.S. ch. 163 by enacting unified land development regulations which implements and is consistent with the city's comprehensive plan and which contains all land development regulations for the city;

B.

Control the location, design and construction of development within the city to maintain and improve the quality of life within the city;

C.

To allow high quality development within the city; and

D.

To prevent low quality development from locating within the city.

105.02. Specific intent.

A.

Administration and enforcement:

(1)

Provide land development administrative procedures under one cover to promote efficient development within the city;

(2)

Provide land development reviews to assure compliance with the LDR;

(3)

Provide mandatory concept review to allow developers to modify proposals in response to early citizen and staff comment;

(4)

Provide development review commensurate with the size and potential impact of the development;

(5)

Review planning decisions independently from land development decisions to avoid ad hoc planning on a site-by-site basis;

(6)

Support all administrative decisions by record with written findings to assure accountability and efficient appellate review;

(7)

Provide quick, efficient and nonpolitical appeal for all ministerial and administrative decisions;

(8)

Enforcement of development orders and enforcement of the provisions of this LDR through procedures that are efficient, effective and consistent with the LDR enforcement procedures established by state law;

(9)

Use the same administration and enforcement procedures for all developers;

(10)

Provide development agencies and boards and permit and enforcement procedures which maintain or improve the quality of life within the city; and

(11)

Provide amendment, variance, and exception procedures, to assure quality development in a dynamic and imperfect setting.

B.

Comprehensive plan consistency and concurrency.

(1)

To only allow developments which are consistent with the comprehensive plan;

(2)

To only allow developments when public services and facilities are concurrent with adopted levels of service; and

(3)

Require developers to pay their fair share of growth and relieve existing residents from the burden of paying for development.

C.

Improvement design standards.

(1)

Minimum right-of-way standards are intended to:

a.

Reduce the city and thus the public maintenance cost;

b.

Provide safe, adequate, and aesthetically pleasing access to land uses;

c.

Provide protection to the environment and community from pollution due to stormwater runoff;

d.

Provide a safe separation between automobile, bicycle and pedestrian traffic;

e.

Provide safety for night-time vehicular and pedestrian traffic; and

f.

Protect the city from being held liable for injury due to accidents.

(2)

Minimum stormwater management standards are intended to:

a.

Prevent stormwater runoff from polluting surface waters;

b.

Contain stormwater on the property where it was generated;

c.

Prevent flooding of property;

d.

Preserve and increase property values; and

e.

Allow landowners reasonable use of their property provided stormwater run-off rates and volumes after development approximate existing predevelopment conditions; and precautions will be taken to prevent erosion, sedimentation, flooding, and the lowering of the existing water table.

(3)

Minimum utility standards are intended to:

a.

Ensure adequate utilities are available for proposed domestic and emergency use;

b.

Ensure adequate maintenance of utilities;

c.

Reduce pollution; and

d.

Ensure that the developer, and not the general public pays for the needed utilities.

(4)

Minimum fire protection standards are intended to:

a.

Provide adequate water fire flow;

b.

Provide adequate access to structures and fire flow facilities in case of a fire;

c.

Prevent the spread of fire from one building to another;

d.

Prevent the loss of life due to fire; and

e.

Save money in the long run by providing adequate fire protection.

(5)

Minimum landscaping and tree preservation standards are intended to:

a.

Promote health, safety and welfare of the community;

b.

Maintain or improve the aesthetics of the community;

c.

Increase the production of oxygen;

d.

Reduce air pollution;

e.

Reduce soil erosion;

f.

Provide shade and thus reduce energy consumption and costs;

g.

Abate noise;

h.

Attract other high quality developments to the community;

i.

Use native vegetation which is adapted to local diseases, pests, soil and climate and is generally more economical and desirable than exotic species which require more pesticide, fertilizer and water; and

j.

Preserve mangrove trees because of their important role in stabilizing, building, and protecting the shoreline, providing for spawning and breeding grounds for marine organisms and other wildlife and serving as the basis for most of the estuarine food chains.

(6)

Minimum addressing and mail delivery standards are intended to:

a.

Provide efficient mail delivery service to residents, businesses and institutions; and

b.

Provide efficient fire, police, and medical services in case of an emergency.

(7)

Minimum police protection standards are intended to:

a.

Reduce the chance of burglary and vandalism to properties through adequate lighting;

b.

Reduce illegal entry to buildings by preventing landscaping from blocking view to building windows and doorways; and

c.

Increasing traffic circulation and decreasing crime through the use of signage.

(8)

Minimum solid waste management standards are intended to:

a.

Provide efficient trash collection;

b.

Provide solid waste storage which is as aesthetically pleasing as possible;

c.

Provide a mechanism for recycling of solid waste as mandated by state statute; and

d.

Improving the aesthetics of the community by providing standardized dumpster and trash can containment facilities.

(9)

Minimum building construction standards are intended to:

a.

Protect the health and welfare of the general public; and

b.

Maintain the value of property within the city.

(10)

Minimum off-street parking, loading, and driveway standards are intended to:

a.

Promote the public safety and welfare by reducing traffic congestion;

b.

Promote the safe and efficient storage, loading and circulation of vehicles;

c.

Provide enough area for both vehicular and pedestrian traffic; and

d.

Conserve open space and developable land, reduce the expense of paving and reduce the hazard of stormwater runoff.

(11)

Minimum permanent reference point requirements are intended to:

a.

Assure accurate subdivision of land and determination of lots and blocks.

(12)

Minimum sidewalk and bicycle facility requirements are intended to:

a.

Provide a safe separation between pedestrian, bicycle and automobile traffic; and

b.

Increase the attractiveness of the city to potential residents, businesses and industries; and

c.

Reduce the city's liability in case of injury.

(13)

Minimum sign requirements are intended to:

a.

Provide attractive advertising within the city;

b.

Prevent distraction to vehicular traffic;

c.

Allow businesses to adequately advertise a product or service; and

d.

Ensure structural integrity of signage to protect the public health, particularly during wind storms.

D.

Minimum subdivision design requirements. [Minimum subdivision design requirements] are intended to:

(1)

Ensure aesthetically pleasing lots are available to the public; and

(2)

Ensure proper functional design of a subdivision including emergency management, traffic circulation and lot accessibility.

E.

Minimum flood zone requirements. [Minimum flood zone requirements] are intended to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at public expense;

(4)

Minimize prolonged business interruptions and damage to public facilities and utilities caused by flooding;

(5)

Maintain a stable tax base by providing for the sound use and development of floodprone areas;

(6)

Insure that potential purchasers of subdivided land are notified that the property is in a floodprone area;

(7)

Assure that uses and facilities vulnerable to floods are designed and constructed to resist flood damage;

(8)

Preserve natural floodplains, stream channels, and natural protective barriers to accommodate floodwaters;

(9)

Limit filling, grading, dredging and other development which may increase erosion, sedimentation, or flood damage;

(10)

Prevent unnatural diversion of floodwater to lands that are normally flood free;

(11)

Maintain the normal movement of surface waters, the optimum storage capacity of watersheds, desirable groundwater levels, water quality, and the natural hydrological and ecological functions of wetlands and other flood prone lands;

(12)

Avoid the need of costly and environmentally disruptive flood management structures;

(13)

Encourage the use of floodprone lands as open space; and

(14)

Make the city eligible for participation in the national flood insurance program.

F.

Minimum environmentally sensitive lands protection requirements. [Minimum environmentally sensitive lands protection requirements] are intended to:

(1)

Protect environmentally sensitive lands and their beneficial functions while also protecting the rights of property owners;

(2)

Maintain water quality and recharge of groundwater aquifers;

(3)

Maintain wildlife habitat; and

(4)

Protect scenic vistas and property values.

G.

Minimum cultural resources requirements. [Minimum cultural resources requirements] are intended to:

(1)

Identify, protect, and enhance the use of districts, sites, buildings, structures, objects and areas that are reminders of past eras, events and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or which provide this and future generations examples of the physical surroundings in which past generations lived.

(2)

Enhance property values, stabilize older neighborhoods and business centers, and increase the economic benefits to the city arising out of its cultural resources.

(3)

Preserve and enhance the varied architectural styles that reflect the cultural, social, economic, political and architectural history of the city.

(4)

Enrich human life in its educational and cultural dimensions by fostering knowledge of the community's heritage.

H.

Minimum wellfield protection requirements. [Minimum wellfield protection requirements] are intended to protect the sole source of potable water for the city, region, and state.

These land development regulations are hereby consistent with the City of New Smyrna Beach comprehensive plan, F.S. § 163.3202 and F.A.C. ch. 9J-24.

The following items are hereby incorporated into this LDR by reference:

107.01. The official city zoning map periodically revised at a scale of one inch equals 800 feet;

107.02. Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Green Book) prepared by the Florida department of transportation as periodically revised;

107.03. Standard Building Code (SBC);

107.04. National Fire Code by the National Fire Protection Association;

107.05. Standard Fire Prevention Code by the Standard Building Code Congress International[, Inc.];

107.06. Electric Service Rules and Regulations and Water Service Rules and Regulations adopted by the City of New Smyrna Beach utilities commission on November 10, 1982, and February 1, 1984, respectively; [and]

107.07. City of New Smyrna Beach Standards and Specifications.

108.01. General. In the interpretation and application of this LDR all provisions shall be liberally construed in favor of the objectives and purposes of the city and deemed neither to limit nor repeal any other powers granted under state statutes.

108.02. 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 this LDR, the city planner shall be responsible for interpretation and shall look to the city comprehensive plan for guidance. Responsibility for interpretation by the city planner shall be limited to standards, regulations and requirements of this LDR but shall not be construed to include interpretation of any technical codes adopted by reference in this LDR nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this LDR. The city planner's interpretation may be appealed to the city manager and the city manager's interpretation may be appealed to the city commission.

108.03. 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.

108.04. Delegation of authority. Whenever a provision appears requiring the head of a department or some other 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.

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

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

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

108.08. 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.

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

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

108.11. Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

A.

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

B.

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

C.

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

D.

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

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

108.13. Apparent incompatibility. Where there appears to be incompatible provisions within this LDR, the provisions should be based on the findings and intent of the land development regulations and the goals, objectives, and policies of the comprehensive plan. Where there appears to be incompatible provisions between this LDR and state or federal regulations, the state or federal regulations shall prevail. However, this LDR shall prevail if state or federal regulations are more lenient than the city regulations.

The following city ordinances are hereby repealed upon adoption of this LDR in ordinance form.

109.01. Ordinance 832 (zoning regulations);

109.02. Ordinance 796 (subdivision regulations);

109.03. That all other ordinances or parts thereof that are in conflict with these regulations be and the same are hereby rescinded and repealed.

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

If any section, subsection, paragraph, sentence, clause, or phrase of this LDR 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 LDR shall continue in full force and effect.

These regulations shall be effective on March 1, 1991. All applications submitted to the planning and zoning department prior to the effective date, shall not be subject to this LDR but shall conform to the regulations which precede this LDR.