This Code shall be entitled the "Land 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 Village of Sea Ranch Lakes Charter effective (month and day) 1959, as amended, and the general powers in F.S. chs. 166 and 125.

Passage of this Code repeals or recognizes the repeal by subsequent modification of the following ordinances of the Village of Sea Ranch Lakes:

65-4
67-4
69-4, Sec. 1, 3, 4
75-4
75-5, Sec. 36, 5
77-1
77-4
82-1
82-2
82-7
83-1
85-3
87-3
87-6
88-1
88-2
88-3
88-4
89-5

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 Village or Broward County. Anyone undertaking an activity subject to regulation under this Code should carefully examine the Restrictive Covenants of Sea Ranch Lakes.

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.

These regulations shall be effective on December 12, 1990.

Except as specifically provided below, the provisions of this Code shall apply to all development in the Village of Sea Ranch Lakes, 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 (6) months 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 development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

B.

Consistency With Plan. Nothing in this Section shall be construed to authorize development that is inconsistent with the Village comprehensive plan.

This integrated land development code was enacted to replace the land development regulations that had been adopted piecemeal over the years and were thus scattered throughout the local code of 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 Village.

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.

Every attempt has been made to make this Code as easy as possible for interested citizens, developers, and local government staff to use. The Articles are arranged in an order that reflects the process by which an applicant would start with a parcel of land and conclude with an approved development. This same ordering provides a checklist approach for interested citizens and staff who are reviewing a proposed development for compliance with code requirements. The ordering and checklist are as follows:

ARTICLE I. GENERAL PROVISIONS

This Article contains general provisions necessary to determine the applicability of the Code, and to ensure the Code's legal validity. Part 1.02.00 above, "Applicability," establishes which development must comply with the requirements of this Code. Certain development activities are not covered if they are authorized by previously approved development plans. Thus, an initial question is whether proposed development activity is covered by this Code or by rules in effect prior to the adoption of this Code.

Once a determination is made that this Code applies, this User's Guide should be reviewed in order to gain an understanding of how the Code works. The remainder of Article I need not be reviewed unless a question of intent, interpretation or validity of a regulation arises.

ARTICLE II. LAND USE: TYPE, DENSITY AND INTENSITY

This first question regarding the development of any site is what use, and what density or intensity of that use, is allowed on the site. Article II provides the answer to this question. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ In what land use district is the development site located. See Part 2.01.00.

_____ What uses are allowed in that district. See Sections 2.02.00—2.02.03.

ARTICLE III. CONSISTENCY AND CONCURRENCY DETERMINATIONS

The final question to be answered with regard to whether the use, and density or intensity of that use, is appropriate for the site is whether the consistency and concurrency requirements are met. The purpose of Article III is to ensure that proposed development is consistent with the local comprehensive plan.

Because the land development code is required to implement the comprehensive plan, it may be reasonable to assume that all development that conforms to all provisions of the land development code is consistent with the comprehensive plan. No presumption may be created, however, for that form of consistency referred to as concurrency. In order for the concurrency requirement to be met, each development proposal must show that adopted levels of service for certain public facilities and services will not be degraded by the impact of the development. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Is the development (except for concurrency) consistent with the comprehensive plan? See Part 3.01.00.

_____ Is the general concurrency requirement met? See Part 3.02.00. Specifically:

_____ Will the proposed development use potable water? See Section 3.03.01.

_____ Will the proposed development create wastewater? See Section 3.03.02.

_____ Will the proposed development increase traffic on surrounding streets? See Section 3.03.03.

_____ Will the proposed development change the amount, nature, or patterns of stormwater runoff? See Section 3.03.04.

_____ Will the proposed development create solid waste? See Section 3.03.05.

_____ Will the proposed development create a need for public recreation? See Section 3.03.06.

ARTICLE IV. RESOURCE PROTECTION STANDARDS

Once the use, and the density and intensity of that use, is determined for a site, the next question is whether any portions of the site must remain totally or partially free of development activity. Article V prescribes those areas and the restrictions that apply within them. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Does the site contain environmentally sensitive lands described in the comprehensive plan? See Part 4.02.00.

_____ Does the site contain land in the 100-year floodplain? See Part 4.03.00.

ARTICLE V. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS

Once the developable portions of the site have been determined, the next question is how the actual development will be designed and what improvements will be required. Article V contains standards, which have been made as flexible as possible, for controlling the design of the development so that maximum public benefit is realized. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Will the development involve residential redevelopment? See Section 5.01.01 for minimum lot area requirements.

_____ Will the development contain buildings or other structures? See Section 5.01.03 [5.01.02] for building setback requirements.

_____ Will the development use streets, parking or other vehicle use areas?

_____ See Part 5.02.00 for off-street parking and loading requirements.

_____ See Part 5.04.00 for landscaping requirements.

_____ Will the development affect the quality or quantity of stormwater runoff from the site? See Part 5.03.00 for stormwater management requirements.

ARTICLE VI. ACCESSORY STRUCTURES AND USES

Article VI creates the standards for the creation, placement and construction of accessory structures or uses. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Is a satellite dish antenna to be installed? See Section 6.01.02.

_____ Is a storage building, utility building, or greenhouse to be installed? See Section 6.01.03.

_____ Is a swimming pool, hot tub or similar structure to be installed? See Section 6.01.04.

_____ Is a wall or fence to be installed? See Section 6.01.06.

ARTICLE VII. SIGNS

Article VII provides standards and prohibitions relating to signs. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Exempt signs are listed at Part 7.01.00.

_____ Prohibited signs are listed at Section 7.01.00.

ARTICLE VIII. HARDSHIP RELIEF

Article VIII provides several avenues for seeking relief from requirements in this Code that create an undue hardship. The following is a checklist of provisions that should be consulted with regard to a development proposal:

_____ Is the development an existing development that does not conform to the use regulations in Article II and/or the development design and improvements standards in Article V? See Section Part 8.01.00.

_____ With regard to proposed development, is relief sought from the strict application of a development design standard? See Part 8.02.00.

ARTICLE IX. ADMINISTRATION, CITIZEN BOARDS AND ENFORCEMENT

At this point in the Code, all substantive provisions relating to the use and design of a development site have been covered. If the decision to proceed with development is made, the procedures for development review in Article X must be followed. First, however, one should become familiar with the board and agencies involved in that review. Article IX establishes and describes the following boards and agencies:

_____ Technical Review Committee. See Section 9.02.00 [9.03.00].

_____ Planning Board. See Section 9.03.02 [9.01.00].

_____ Development Review Board. See Section 9.03.03 [9.01.00].

_____ Code Enforcement Board. See Section 9.03.05 [9.06.00].

ARTICLE X. DEVELOPMENT AND REVIEW REQUIREMENTS

This article sets out the procedures for making land use decisions. Most importantly, it sets out the procedures for reviewing development plans to determine their compliance with code requirements. The following question should be asked with regard to a development proposal:

_____ Does the proposed activity require a "development permit" as defined in the Code? See Section 10.00.01.

The development review process is that process by which the design of the development is reviewed to determine whether it complies with the requirements of the Code. There are five basic steps in the development review process: Pre-Application meeting with Village Clerk, Concept Review, Preliminary Plan Review, Final Plan Review and Issuance of Construction (Development) Permits.

A.

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

B.

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

With regard to the following specific subject areas of this Code, the Village Council 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.

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

4.

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

5.

Enforcement of 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, [and] other users of the public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

C.

Landscaping and Tree Protection.

1.

Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the imposition of landscaping and buffering requirements.

2.

Trees 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 built 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; and

h.

Abating noise.

3.

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.

4.

Exotic vegetation can crowd out native vegetation, use more water, and damage the environment from increased use of fertilizers and pesticides.

5.

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

D.

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.

E.

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 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 groundwater recharge.

5.

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

6.

Improperly managed stormwater runoff alters the salinity of estuarine areas and diminishes their biological productivity.

7.

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

8.

Eighty to ninety-five 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.

9.

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

F.

Floodplain Protection.

1.

The flood hazard areas of the Village of Sea Ranch Lakes, Florida are subject to periodic inundation which may result in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of tax base, all which adversely affect the public health, safety and general welfare of the residents of the Village.

2.

Flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by structures vulnerable to floods or hazards to other lands which are inadequately elevated, floodproofed or otherwise unprotected from flood damages.

(Ord. No. 88-4, § 2, 8-9-88)

G.

Protection of Environmentally Sensitive Lands.

1.

Protection of environmentally sensitive lands described in the Conservation Element of the Comprehensive Plan promotes the well being of the people of the Village.

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 Village Council:

A.

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

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 Village 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 interest of the citizens of the Village.

D.

To implement the Village 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).

F.

To locally enforce through this Code the coastal regulatory activities and resource protection plans of the U.S. Environmental Protection Agency, the Florida Department of Natural Resources and the Florida Department of Environmental Regulation, the South Florida Water Management District, the Broward County Environmental Quality Control Board (or its successor), and the Broward County Water Management Division.

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 Village Council:

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 Village Comprehensive Plan, and other applicable Village regulations.

2.

To promote efficiency, predictability and citizen participation.

3.

To assure compliance with 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.

C.

Landscaping and Tree Protection.

1.

To enhance the attractiveness of the community.

2.

To conserve energy through the cooling and shading effects of trees.

3.

To abate nuisances such as noise, glare, heat, air pollution and stormwater runoff.

4.

To mitigate conflicts between adjoining land uses.

5.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

6.

To get rid of undesirable species.

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 prevent activities which adversely affect ground and surface waters.

3.

To minimize runoff pollution of ground and surface waters.

4.

To minimize erosion and sedimentation.

5.

To prevent damage to wetlands.

6.

To protect, maintain, and restore the habitat of fish and wildlife.

F.

Floodplain Protection.

1.

It is the purpose of this Ordinance to promote public health, safety and general welfare of the residents of the Village of Sea Ranch Lakes, Florida and to minimize public and private losses due to flood conditions in flood hazard areas by provisions designed to:

a.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

b.

Require that uses vulnerable to floods, including facilities which serve such uses be protected against flood damages at the time of initial construction;

c.

Control the alteration of natural floodplains, streams, channels and naturally protected barriers which are involved in the accommodation of floodwaters;

d.

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

e.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

(Ord. No. 88-4, § 3, 8-9-88)

2.

The objectives of these Code sections are:

a.

To protect human life and health;

b.

To minimize expenditures of public money for costly flood control projects;

c.

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

d.

To minimize prolonged business interruptions;

e.

To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

f.

To help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize flood blight areas; and

g.

To insure that potential home buyers are notified that property is in a flood area.

(Ord. No. 88-4, § 4, 8-9-88)

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, maintain, and restore the chemical, physical, and biological integrity of ground and surface waters and natural habitats.

3.

To prevent activities which adversely affect ground and surface waters, natural habitats, and active flora and fauna.

4.

To maintain recharge for groundwater aquifers.

5.

To prohibit certain uses that are detrimental to environmentally sensitive areas.

6.

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

7.

To protect the public's rights in navigable waters.

8.

To protect aesthetic and property values.

The adoption of a unified land development code implements the goals, policies and objectives of the Comprehensive Plan, including:

A.

Administration and Enforcement. The administration and enforcement provisions of this Code implement the general intent of the goals, policies and objectives of the Comprehensive Plan.

B.

Signs. The sign regulations in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Future Land Use Element, Goal 1, Policy 1.2.3.

C.

Landscaping and Tree Protection. The landscaping and tree protection regulations in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Future Land Use Element, Goal 1, Policy 1.4.2.; Sanitary Sewer, Solid Waste Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element, Potable Water Subelement, Goal 1, Policy 1.1.4.

D.

Parking and Loading. The parking and loading regulations in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Traffic Circulation Element, Goal 1, Policy 1.2.3.

E.

Stormwater Management. The stormwater management regulations in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element, Drainage Subelement, Goal 1.

F.

Floodplain Protection. The flood damage prevention provisions in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Sanitary Sewer, Solid Waste, Drainage, Potable Water and Natural Groundwater Aquifer Recharge Element, Drainage Subelement, Goal 1.

G.

Protection of Environmentally Sensitive Lands. The Protection of environmentally sensitive lands provisions in this Code implement the following goals, policies and objectives of the Comprehensive Plan: Coastal Management Element, Goal 1; Conservation Element, Goal 1.

The South Florida Building Code, Broward County Edition, and the Village of Sea Ranch Lakes Building Code shall serve as the basic standards manual.

Incorporated into this Code by reference are the following maps from the Comprehensive Plan:

(This section reserved for future use.)

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

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 Village Planner shall be responsible for interpretation and shall look to the Village Comprehensive Plan for guidance. Responsibility for interpretation by the Planner 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 a Village officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional-level subordinate or consultant 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 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 such line.

C.

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

D.

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

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.