This code shall be entitled the "Okeechobee County Land Development Regulations" and may be referred to herein as the "code" or "regulations."

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers in F.S. ch. 125 (County Government).

Except as specifically provided below, the provisions of this Code shall apply to all development in the unincorporated areas of Okeechobee County, and no development shall be undertaken without prior authorization pursuant to this Code.

A.

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 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 six months of issuance of the building permit; and

2.

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

B.

Previously approved development orders. Projects with development orders that have not expired at the time this Code or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

C.

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the county comprehensive plan.

This integrated land development code was enacted to replace land development ordinances that had been adopted piecemeal over the years and were thus scattered throughout many ordinances. These scattered regulations lacked coordination and were difficult to find, administer and understand. The replacement of these scattered regulations with an integrated land development code should greatly enhance the efficiency and effectiveness of land development regulation by the county.

An integrated code, such as this one, may appear to be missing certain parts. For example, there is not a separate part of the code labeled "subdivision regulations." That is because the regulations relating to subdivisions are essentially the same as those relating to other developments. Thus, stormwater requirements for all development, including subdivisions, are found in the part labeled "Stormwater Management" in article VII; composition of various review boards have been consolidated and are found in the "Boards and Agencies" article, and so forth.

In short, this Code establishes a single set of site design criteria and development review procedures. This integration results in a different layout and an unfamiliar table of contents, but should, as familiarity with the code increases, result in a much more streamlined and effective land development regulatory system.

A.

Statutory requirement. F.S. ch. 163 requires each Florida local government to enact land development regulations or code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the county.

B.

General public need. Controlling the location, design and construction of development within the county is necessary to maintain and improve the quality of life in the county as more fully described below.

With regard to the following specific subject areas of this Code, the county commission finds:

A.

Administration and enforcement.

1.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

2.

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

3.

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

4.

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

5.

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

B.

Signs.

1.

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

2.

The safety of motorists, cyclists, pedestrians, other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

3.

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

4.

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, storms and hurricanes.

5.

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.

C.

Off-street parking and loading.

1.

Off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion.

2.

Well-designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

3.

Deferring the construction of some parking areas pending determination of the actual need for parking spaces, and taking into account public demand and the size of vehicles to be parked, conserves open space and developable land, and reduces the expense and hazard of controlling stormwater runoff.

4.

Allowing the use of porous paving materials and unpaved parking areas whenever possible conserves water and energy, moderates the microclimate, and reduces the expense and hazards of controlling stormwater runoff.

D.

Stormwater management.

1.

Increased stormwater runoff may cause erosion and pollution of ground and surface water with a variety of contaminants such as heavy metals and petroleum products.

2.

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

3.

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

4.

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

5.

Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.

6.

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

7.

Improperly managed stormwater adversely affects the drainage of off-site property.

E.

Protection of environmentally sensitive lands.

1.

Protection of environmentally sensitive lands described or mapped in the conservation element of the comprehensive plan promotes the well-being of the people of the county as described below and in the conservation element.

2.

Wetlands 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.

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

c.

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

d.

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

3.

Shorelines serve the following beneficial functions:

a.

Land adjoining waters or wetlands, which can generally be divided into submergent, transitional, and upland vegetation zones, provides essential habitat for many plant and animal species, including species that are endangered, threatened, or of special concern.

b.

Submergent, transitional, and upland vegetation zones serve as effective buffers against noise and other human activities which may have adverse effects on aquatic and wetland-dependent wildlife.

c.

Submergent, transitional, and upland vegetation zones help slow stormwater runoff flows and increase infiltration of water, nutrients, and other substances.

d.

Submergent, transitional, and upland vegetation zones reduce predation by domestic pets on wetland and wetland-dependent wildlife species.

[F., G. Reserved.]

H.

Protection of cultural resources.

1.

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

2.

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 county, increasing economic benefits to the county 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.

[3.

Reserved.]

4.

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.

With regard to this land development code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the county commission:

A.

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

B.

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.

C.

To adopt a development review process that is:

1.

Efficient, in terms of time and expense;

2.

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

3.

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.

D.

To implement the county comprehensive plan as required by the "Local Government Comprehensive Planning and Land Development Regulation Act."

E.

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).

The provisions of this Code dealing with the following specific subject areas shall be construed and implemented to achieve the following intentions and purposes of the county commission:

A.

Administration and enforcement.

1.

To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, the county comprehensive plan, and other applicable county regulations.

2.

To promote efficiency, predictability and citizen participation.

3.

To standardize the composition and procedures of all citizen boards.

4.

To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions.

B.

Signs.

1.

To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

2.

To permit signs that are:

a.

Compatible with their surroundings.

b.

Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists.

c.

Appropriate to the type of activity to which they pertain.

d.

Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation.

e.

Reflective of the identity and creativity of individual occupants.

3.

To promote the economic health of the community through increased tourism and property values.

C.

Minimum housing.

1.

To enhance the attractiveness of the community.

2.

To promote that all citizens and residents of Okeechobee County are entitled to enjoy housing having at a minimum, structural integrity; working plumbing and heating systems; safe electrical service; dry, rodent- and pest-resistant housing.

3.

To preserve the investment and property values of all property owners by ensuring that both conventional and nonconventional new housing is built or installed meeting certain minimum appearance and design standards.

4.

To mitigate conflicts between adjoining construction techniques by lessening the outward differences between the dissimilar techniques.

5.

To protect the statutory right against discrimination afforded to new manufactured housing built to both the federal Manufactured Home Construction and Standards and F.S. ch. 320.

6.

To encourage upgrading of existing dwellings and structures when the owners seek to remodel or replace such dwellings and structures but to mitigate the financial impact of this Code by allowing certain existing noncompliant housing to remain provided it meets minimum health and safety standards and does not otherwise constitute a nuisance.

7.

To discourage and restrict the influx of substandard used mobile homes and trailers not built or remaining in compliance with federal Manufactured Home Construction and Standards, F.S. ch. 320 or the Florida Administrative Code.

D.

Parking and loading. To assure that all developments provide for adequate and safe storage and movement of vehicles in a manner consistent with community standards and good engineering and site design principles.

E.

Stormwater management.

1.

To protect and maintain the chemical, physical and biological integrity of ground and surface waters.

2.

To control activities which adversely affect ground and surface waters.

3.

To encourage the construction of stormwater management systems that aesthetically and functionally approximate natural systems.

4.

To protect significant natural drainage systems.

5.

To minimize runoff pollution of ground and surface waters.

6.

To maintain groundwater levels.

7.

To minimize erosion and sedimentation.

8.

To prevent damage to wetlands.

9.

To protect the habitat of fish and wildlife.

F.

Floodplain protection.

1.

To protect human life and health.

2.

To minimize expenditure of public money for costly flood control projects.

3.

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at public expense.

4.

To minimize prolonged business interruptions and damage to public facilities and utilities caused by flooding.

5.

To maintain a stable tax base by providing for the sound use and development of floodprone areas.

6.

To protect the residents of mobile home parks and subdivisions by requiring that all new mobile home parks and subdivisions have adequate hurricane protection for all residents of the park or subdivision.

7.

To assure that uses and facilities vulnerable to floods are designed and constructed to resist flood damage.

8.

To preserve natural floodplains, stream channels, and natural protective barriers to accommodate floodwaters.

9.

To limit filling, grading, dredging and other development which may increase erosion, sedimentation, or flood damage.

10.

To 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.

11.

To avoid the need of costly and environmentally disruptive flood management structures.

12.

To make the county eligible for participation in the National Flood Insurance Program.

G.

Protection of environmentally sensitive lands.

1.

To protect environmentally sensitive lands and their beneficial functions while also protecting the rights of property owners.

2.

To protect the chemical, physical, and biological integrity of ground and surface waters and natural habitats while also protecting the rights of property owners.

3.

To control activities which adversely affect ground and surface waters, natural habitats, and native flora and fauna while also protecting the rights of property owners.

4.

To maintain recharge for groundwater aquifers.

5.

To protect the recreation opportunities of environmentally sensitive lands for hunting, fishing, boating, hiking, nature observation, photography, camping, and other uses.

6.

To protect the public's rights in navigable waters.

7.

To protect aesthetic and property values.

H.

Protection of cultural resources.

1.

To 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.

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

3.

To preserve and enhance the varied architectural styles that reflect the cultural, social, economic, political and architectural history of the county.

4.

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

The adoption of a unified land development code implements the following goals of the comprehensive plan:

A.

Okeechobee County will promote public health, safety and welfare through a land use decision-making system which achieves and maintains a high quality living environment with a well-planned mix of compatible land uses.

B.

To develop a traffic circulation system which safely and efficiently meets existing and future transportation needs.

C.

Okeechobee County will plan for the provision of decent, safe and sanitary housing of appropriate type, size, location and cost, and with adequate supporting public facilities to meet the current and future needs of all residents of unincorporated areas of the county.

D.

Sanitary sewer, solid waste, drainage and potable water facilities and services shall be provided on a fair-share cost basis; and Okeechobee County shall ensure that the function of its natural groundwater recharge areas are protected.

E.

Okeechobee County will conserve, use and protect its natural resources for the benefit of its citizens.

F.

Establish and maintain a public recreation and open space system composed of lands, facilities, and programs that will serve residents and visitors of Okeechobee County.

G.

To achieve coordination of development activities between Okeechobee County; the City of Okeechobee and any other municipality within the county; the Okeechobee County school board; adjacent local governments; and appropriate regional, state, and federal entities.

H.

Okeechobee County will provide, or require others to provide, on a fair-share cost basis, public facilities and services in a manner which protects investments in existing facilities, maximizes the use of existing facilities, and promotes orderly growth.

The adoption of a unified land development code implements the following objectives of the comprehensive plan:

A.

All uses of land shall be consistent with the future land use classifications established and portrayed on the Okeechobee County future land use map. The future land use designations are intended to: a) coordinate land use with the natural environment, including soils, topography, and other resources; b) appropriately mix and distribute residential, commercial, industrial, recreation, public and conservation land uses; and c) encourage an efficient pattern of development and discourage sprawl. The Okeechobee County future land use map series shall be applied in conjunction with the policies of the comprehensive plan. Okeechobee County establishes the following land use classifications for the purpose of managing growth: urban residential mixed use; commercial corridor mixed use; rural activity center; power plant; public/semipublic facility; recreation; industrial; conservation; and agriculture.

B.

Okeechobee County will coordinate proposed future land uses with the appropriate soil conditions, topography, and the availability of public facilities and services.

C.

Okeechobee County will establish systems to reduce or eliminate existing development and zoning districts that are inconsistent with the future land use element and future land use map series. While protecting public safety and minimizing public expenditures on public facilities and services, Okeechobee County may permit residential development on vested lots of record established prior to the comprehensive plan which do not conform to density standards set forth in the future land use element.

D.

Okeechobee County shall redevelop and renew blighted areas by utilizing small cities community development block grant funds to rehabilitate or eliminate and replace up to 20 substandard housing units per year through the year 2000, and by utilizing small cities CDBG funds to provide for the development or redevelopment of commercial and industrial areas.

E.

Okeechobee County shall adopt and enforce standards that protect natural and historic resources. Natural resources shall be protected by the regulation of land use in proximity to public supply potable water wellfields and other environmentally sensitive lands, and by the management of stormwater runoff and drainage.

F.

Okeechobee County will ensure that proposed land use activities within the Kissimmee River study area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, adopted August 21, 1985 and prepared pursuant to F.S. ch. 380.

G.

Okeechobee County will promote compact development and encourage the efficient use of public facilities.

H.

Okeechobee County will ensure that suitable land for public facilities and utility facilities to support proposed development is available.

I.

Okeechobee County will promote the use of various and innovative land development techniques.

J.

Okeechobee County will, as part of its five-year capital improvements program, identify measures and timeframes for correcting roadway deficiencies in its motorized and nonmotorized transportation system.

K.

Okeechobee County will protect existing and future rights-of-way from building encroachment.

L.

Okeechobee County will continue the development of an efficient traffic circulation system that is consistent with and furthers the comprehensive plan, and is coordinated with the plans and programs of the Florida department of transportation (FDOT), and the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins.

M.

Okeechobee County will coordinate new development which is consistent with the future land use element with the provision of adequate transportation facilities.

N.

Okeechobee County will coordinate activity with state, regional and local jurisdictions to promote a proper mix of funding for transportation improvements.

O.

Okeechobee County will provide for adequate and affordable housing or housing sites to meet the needs of county residents, including low- and moderate-income housing, farm worker housing, mobile homes, and group homes and foster care facilities.

P.

On an ongoing basis, Okeechobee County will assist the private sector and other public agencies in providing adequate and affordable housing, supported by adequate public facilities, for existing and future populations.

Q.

Okeechobee County will implement a program for identification, prevention, or elimination of substandard housing conditions. Included in the formulation and implementation of this program shall be the goal of rehabilitating or demolishing and replacing 20 substandard housing units annually.

R.

As part of its efforts to revitalize and stabilize residences and neighborhoods, Okeechobee County shall assure that such efforts do not cause permanent displacement.

S.

Okeechobee County will conserve its standard-condition housing stock, and improve, as necessary, the structure and aesthetics of existing housing. In this process, historically significant units will be identified and given special consideration.

T.

Okeechobee County will require that necessary public facilities and services are available or will be available concurrent with the impacts of development.

U.

Okeechobee County will prepare and maintain a five-year schedule of capital improvements for any drainage, solid waste, potable water and sanitary sewer facilities for which it may have jurisdiction, to be updated annually, in conformance with the comprehensive plan review process for the capital improvements element.

V.

Okeechobee County shall coordinate with providers of public supply potable water and sanitary sewer facilities, and with appropriate state or regional agencies, to: maximize the use of existing facilities; coordinate the extension of facilities in unincorporated areas of the county; and encourage efficient patterns of development while discouraging sprawl.

W.

Okeechobee County will reduce its per capita water consumption by 15 percent by the year 2000.

X.

Okeechobee County shall continue to provide for the solid waste disposal needs of all residents of the county, including state-mandated recycling goals.

Y.

Okeechobee County, with funding assistance from the South Florida Water Management District, Florida department of environmental regulation [protection] or other appropriate regional, state or federal agencies, shall undertake a surface water management study to identify, and develop implementation strategies for the correction of, existing drainage deficiencies. The study shall also provide the basis for the improvement to, and expansion of, drainage facilities so as to ensure reasonable protection from flooding, prevention of degradation of receiving waters, and protection of natural drainage features.

Z.

Ambient air quality shall not be degraded below minimum EPA standards.

AA.

Okeechobee County shall conserve and protect the quality and quantity of current and projected water resources, including wetlands, floodplains, prime Floridan aquifer recharge areas and public supply potable water wells by regulating land use activities that may adversely impact water quality.

BB.

Okeechobee County shall implement policies which provide for the appropriate use, conservation, and protection of soils, minerals, wildlife habitat, fisheries, unique native vegetative communities, and wildlife.

CC.

Through the year 2000, parks and recreation facilities shall be adequate to meet the current and future needs of the county, and shall be provided on a fair-share cost basis.

DD.

On an ongoing basis, Okeechobee County shall improve coordination with government agencies and the private sector to provide recreational opportunities and facilities on a fair-share cost basis.

EE.

On an ongoing basis, the county shall assure provision for and maintenance of safe and operational access to identified public park and recreation sites for all segments of the county population, provided, however, that the county is not obligated to provide access to private, state and federal recreation facilities.

FF.

On an ongoing basis, Okeechobee County shall assure provision of appropriate and sufficient open space within proposed public and private developments.

GG.

Lands designated for open space within new developments will be protected from incompatible land uses.

HH.

Okeechobee County will actively seek funding from a variety of public and private sources to finance any recreation facilities which may be needed in the future.

II.

Okeechobee County will coordinate the provisions of its comprehensive plan with the City of Okeechobee, other municipalities within the county, the Okeechobee County school board, adjacent counties, and other appropriate state or local agencies, in order to ensure consistency among the plans and programs of those entities, and in order to establish and maintain level of service standards.

JJ.

Okeechobee County will assure that the impacts of proposed development in its comprehensive plan upon development in adjacent governments is addressed.

KK.

Through the application of its zoning, subdivision, and planned unit development regulations, Okeechobee County will ensure that proposed land use activities within the Kissimmee River study area are not inconsistent with the stated goal of the Resource Management Plan for the Lower Kissimmee River and Taylor Creek Drainage Basins, adopted August 21, 1985, and prepared pursuant to F.S. ch. 380.

LL.

Okeechobee County shall use the capital improvements element to annually determine funding sources for identified deficiencies in capital improvement needs, and shall annually amend the five-year schedule of capital improvements to include capital projects and funding sources to correct existing deficiencies and accommodate future growth.

MM.

Okeechobee County will provide or require the provision of needed public facilities based on levels of service set forth in the several elements of the plan. Public facilities needs within the county's jurisdiction will be determined based on previously issued development orders, the county's planning and zoning process, the county's concurrency management system, and the county's annual budget process.

NN.

The capital improvements element of the plan shall be the basis for determining the funding priority for capital facilities necessary to meet existing deficiencies, to accommodate future growth, and to replace obsolete or wornout facilities.

OO.

Okeechobee County will strive to increase its tax base and raise its revenue potential.

PP.

If a proposed new development will degrade one or more public facilities and services in unincorporated Okeechobee County to a level of service below that established by this plan, the development shall bear the cost of maintaining the facility or service at the established level of service. Proportionate cost shall be determined by assessing the benefit of capital improvements received by future as well as existing residents.

QQ.

Land use decisions shall be linked to available or projected public and private fiscal resources and to the county's schedule of capital improvements. Land use decisions shall maintain established level of service standards and meet existing and future public facility needs.

On the adoption date of this Code, Okeechobee County does not have a completed technical construction standards manual. Pending completion, the technical standards as listed in article VIII shall govern. Upon completion, said manual may be incorporated into this Code by resolution of the board of county commissioners.

The future land use map series, generalized wetlands map, generalized floodplains map, generalized soils map, and generalized surface minerals map from the Okeechobee County comprehensive plan as well as the official zoning atlas (see section 2.03.01) are hereby incorporated herein by reference.

In their interpretation and application, the provisions of this Code shall be held to be minimum or maximum requirements, as the case may be, adopted for the promotion of the public health, safety, morals, or general welfare and shall be liberally construed toward that end. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted statute, rule, regulations, ordinance, Code, or restrictive covenant, the most restrictive or that imposing the higher standards, shall govern. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied. The word "lot" includes the words plot, parcel, or tract. The word "structure" includes the word building as well as other things constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground. The word "land" includes the words water, marsh, or swamp. The words "person" or "individual" means any natural person, firm, partnership, association, corporation, organization or entity of any kind.

(Ord. No. 2003-08, § 1, 11-20-03)

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the 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 this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

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.

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.

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

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

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

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

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

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

Interpretations regarding boundaries of comprehensive plan future land use categories zoning districts shall be made in accordance with the following:

A.

Where uncertainty exists as to the boundaries of categories shown on the comprehensive plan future land use map or zoning districts as shown on the official zoning atlas, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the future land use category or zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the future land use category or zoning status of any lot or parcel. In case of a street closure, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at the center, in which case the boundary shall be construed as moving with the ownership.

2.

Boundaries indicated as approximately following lot lines, public property lines, and the like shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street closure, interpretation shall be as provided in section 1.08.11A1, above.

3.

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

4.

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

5.

Boundaries indicated as following shorelines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such shorelines or centerlines. In case of a change in shoreline, or of the course or extent of bodies of water, the boundaries shall be construed as moving with the change, except where such moving would change the future land use category or the zoning status of a lot or parcel; and in such case the boundary shall be interpreted in such a manner as to avoid changing the future land use category or the zoning status of any lot or parcel.

6.

Boundaries indicated as entering any body of water but not continuing to intersection with other future land use categories or zoning boundaries or with the limits of jurisdiction of the County of Okeechobee shall be construed as extending in the direction in which they enter the body of water to intersection with other future land use categories or zoning boundaries or with the limits of county jurisdiction.

7.

Boundaries indicated as following physical or cultural features other than those mentioned above shall be construed as following such physical or cultural features, except where variation of actual location from mapped location would change the future land use category or zoning status of a lot or parcel and in such case the boundary shall be interpreted in such manner as to avoid changing the future land use category or zoning status of any lot or parcel.

8.

Boundaries indicated as parallel to or extensions of features indicated in subsections 1 through 7 above shall be construed as being parallel to or extensions of such feature.

B.

In cases not covered by subsection A, above, or where the property or street layout existing on the ground is at variance with that shown on the future land use category or the official zoning atlas, the director of planning and development shall interpret the comprehensive plan future land use map or official zoning atlas in accord with the intent and purpose of the comprehensive plan or this Code. Appeal from the interpretation of the director shall be only to the board of adjustment in conformity with article XIII of this Code.

C.

Where a land use category or district boundary divides a lot of record at the time the boundary was established, and where the division makes impractical the reasonable use of the lot, the extension of the mandates of the comprehensive plan or this Code for either portion of the lot may be permitted as a special exception for not to exceed 100 feet beyond the land use category or district line into the remaining portion of the lot.

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.

This code hereby supersedes the following Okeechobee County Ordinances: 74-1, 75-1, 76-1, 77-3, 78-2, 78-3, 78-4, 79-4, 79-6, 79-8, 80-1, 81-1, 81-7, 81-10, 81-11, 82-3, 82-6, 83-1, 83-3, 84-1, 85-1, 85-11, 86-5, 87-1, 88-3, 89-2 and those provisions of such other county ordinances as are inconsistent herewith.

Supersession of the ordinances listed in section 1.09.00 above, shall not in any way be deemed to make a structure or use that was illegal or nonconforming under any provision of the listed ordinances, legal or conforming. It is the intent of this Code that uses or structures that were illegal or nonconforming under any of the listed ordinances shall remain illegal or nonconforming under this Code unless otherwise specifically provided herein.

This Land Development Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the county.

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.

This code shall be effective upon receipt by the secretary of state of Florida.