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Oviedo City Zoning Code

ARTICLE I

- PREAMBLE

Section 1.1.- Short Title.

This Code shall be entitled the "City of Oviedo Land Development Code" and may be referred to herein as the "LDC."

Section 1.2. - Authority.

(A)

This LDC is adopted pursuant to the authority contained in Article VIII, Section 2, of the Constitution of the State of Florida, Ch. 163, Florida Statutes; Chapter 166, Florida Statutes; the City Charter, and other controlling law.

(B)

Whenever any provision of this LDC refers to or cites a section of the Florida Statutes and that section is later amended or superseded, the reference shall refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 1626 , § 2, 8-17-15)

Section 1.3. - Jurisdiction.

This LDC shall be effective throughout the City's corporate boundaries.

Section 1.4. - Relationship to Comprehensive Plan.

In accordance with F.S. Ch. 163, all development orders and permits issued under this LDC shall be consistent with the Comprehensive Plan.

Section 1.5. - No Use or Subdivision of Land or Building Except in Conformity with the Land Development Code.

(A)

No person may use, occupy, or subdivide any land or buildings or authorize or permit the use, occupancy, or subdivisions of any land or buildings under his control except in accordance with all of the applicable provisions of this LDC. It is the obligation of the purchasers of real property to ensure that property purchased is appropriately permitted and otherwise approved for the use intended. Lawful non-conforming uses may continue in accordance with the provisions of this LDC and property owners may apply for a development order memorializing such uses.

(B)

For purposes of this section, the "use" or "occupancy" or "subdivision" of a building or land relates to anything and everything that is done to, with, upon, under, over, on, or in that building or land.

(Ord. No. 1626 , § 2, 8-17-15)

Section 1.6. - Fees.

(A)

Fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters shall be charged to applicants to implement this LDC. Said fees shall be established by resolution of the City Council and such changes shall not be an amendment to this LDC.

(B)

Fees shall be paid upon submission of a signed application or notice of appeal and no action shall occur until all appropriate fees are paid.

(C)

In the event that a fee has not been established for a particular application or activity, the City Council shall establish an application fee by resolution.

(Ord. No. 1626 , § 2, 8-17-15)

Section 1.7. - Severability.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of the LDC are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of the LDC since the same would have been enacted without the incorporation into the LDC of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

Section 1.8. - Miscellaneous.

(A)

As used in this LDC, words importing the masculine gender includes the feminine and neuter.

(B)

Words used in the singular in this LDC include the plural and words used in the plural include the singular.

(C)

Whenever a reference is made in this LDC to a provision of controlling federal, state, or regional law, rule, or regulation, such reference shall be deemed to be the most recent version of such law, rule, or regulation.

(D)

The time within which an act is to be accomplished shall be computed by excluding the first day (day of receipt, day on which decision to be appealed occurs, etc.), provided, however, if the last day of the time period is a legal holiday, that day shall also be excluded.

(E)

The word "shall" is mandatory; while the words "may" and "should" are permissive.

(Ord. No. 1626 , § 2, 8-17-15)