This code shall be entitled the "Land Development Code of the City of Port Orange, Florida," otherwise known as the "development code," and may be referred to herein as the "code."

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), the city Charter, effective December 17, 1979, and the general powers in F.S. ch. 166 (city government).

The city has developed this unified land development code to implement the comprehensive plan and to streamline the development review process. This code sets forth regulations, requirements and procedures governing the use and development of land for the purpose of protecting the health, safety and general welfare of the citizens of the city and to enhance the appearance, function and livability of the city, to the end of improving the overall quality of life within the community.

As required by F.S. § 163.3202, this code contains specific and detailed provisions which regulate the subdivision of land; the use of land and water; areas subject to flooding; environmentally sensitive lands; signage; stormwater management and protection of potable water well fields. This code also requires that all development be reviewed for its impact on public facilities and services and that adopted levels-of-service are maintained.

This code incorporates new authorizations, requirements and regulations to implement the objectives and policies of the comprehensive plan, and to ensure that all land development activities within the city are consistent with and further the objectives, policies, land uses, densities and intensities in the city's comprehensive plan.

It is recognized, however, that situations may arise in the daily administration and enforcement of this code whereby strict interpretation and enforcement of the code may be contrary to the goals, objectives and policies of the comprehensive plan. Such situations may arise due to changes in land development priorities or economics, new issues which were not anticipated at the time this code was drafted and adopted, or the inability to meet competing goals through a single action. In these situations, the goals and policies of the comprehensive plan shall take precedence, and the development code shall be interpreted and administered consistent with the overall goals, objectives and policies of the comprehensive plan as interpreted by the city council, until such time that the code and/or comprehensive plan can be amended to resolve any conflict.

The provisions of this code shall apply to all development of land within the corporate limits of the City of Port Orange, Florida, as now or hereafter defined, and all areas under the jurisdiction of the city for land use planning and development control as specified in any applicable interlocal planning agreements.

In the interpretation and administration of this code, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Interpreted consistent with the intent of this code; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 1995-43, § 1, 12-19-95)

Whenever a provision appears requiring the administrative official, the head of a department or some other city officer or employee to perform an act or duty, it is to be construed to authorize the performance of such act or duty by any supervisor within the chain of command of such officer or employee as well as delegation to subordinates of such officer or employee to perform the required act or duty, unless the terms of the provision or section specify otherwise, or such performance or delegation would be contrary to the spirit and intent of this code.

(Ord. No. 1999-6, § 1, 2-23-99)

More specific provisions of this code shall be followed in lieu of more general provisions which may be more lenient than, or in conflict with the more specific provision.

In the case of conflict within this code or between this code and the Code of Ordinances, the language or provision which is most appropriate shall apply.

(Ord. No. 1995-43, § 2, 12-19-95)

If any provision of this code or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are declared severable.

The following ordinances and sections of the Code of Ordinances are hereby repealed:

(a)

Ordinance 1985-7, zoning code.

(b)

Appendix B, subdivision regulations.

(c)

Chapter 6, buildings and construction, article II, technical codes and regulations, division 8, sign code.

(d)

Chapter 7.5, environmental preservation code.

(e)

Chapter 9.5, flood damage prevention.

(f)

Any other ordinance or part of an ordinance in conflict with this code.

The provisions of this code shall be effective on November 1, 1990.