GENERAL PROVISIONS
This code shall be entitled “Land Development Code” and may be referred to herein as the “LDC” or “Code.”
This Land Development Code is enacted pursuant to the requirements and authority of Chapter 163, Florida Statutes, (Local Government Comprehensive Planning and Land Development Regulation Act), the City Charter, and the general municipal homerule powers in Chapter 166, Florida Statutes.
Except as specifically provided below, the provisions of this LDC shall apply to all development in the city and no development shall be undertaken without prior authorization pursuant to this LDC. The Florida Building Code, pertaining to building, plumbing, mechanical and gas, are hereby incorporated by reference.
This LDC is 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 LDC 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 LDC shall continue in full force and effect.
These regulations shall become effective on January 1, 2011.
The provisions of this LDC and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:
Projects with development orders that have not expired at the time this LDC 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 further development on that site shall occur only in conformance with the requirements of this LDC or amendments thereto.
Nothing in this section shall be construed to authorize development that is inconsistent with the City of Waldo Comprehensive Plan.
The City of Waldo Future Land Use Plan Map and any amendments thereto, including overlay and mobile home districts, are hereby incorporated into this LDC by reference.
In the interpretation and application of this LDC, 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.
In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this LDC, the City Manager, or designee, shall be responsible for interpretation and shall look to the city comprehensive plan for guidance. Responsibility for interpretation by the City Manager shall be limited to standards, regulations, and requirements of this LDC, but shall not be construed to include interpretation of any technical codes adopted by reference in this LDC, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections of articles of this LDC.
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 city 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 of duty unless the terms of the provision or section specify otherwise.
Interpretations regarding boundaries of land use districts shall be made in accordance with the following:
GENERAL PROVISIONS
This code shall be entitled “Land Development Code” and may be referred to herein as the “LDC” or “Code.”
This Land Development Code is enacted pursuant to the requirements and authority of Chapter 163, Florida Statutes, (Local Government Comprehensive Planning and Land Development Regulation Act), the City Charter, and the general municipal homerule powers in Chapter 166, Florida Statutes.
Except as specifically provided below, the provisions of this LDC shall apply to all development in the city and no development shall be undertaken without prior authorization pursuant to this LDC. The Florida Building Code, pertaining to building, plumbing, mechanical and gas, are hereby incorporated by reference.
This LDC is 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 LDC 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 LDC shall continue in full force and effect.
These regulations shall become effective on January 1, 2011.
The provisions of this LDC and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:
Projects with development orders that have not expired at the time this LDC 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 further development on that site shall occur only in conformance with the requirements of this LDC or amendments thereto.
Nothing in this section shall be construed to authorize development that is inconsistent with the City of Waldo Comprehensive Plan.
The City of Waldo Future Land Use Plan Map and any amendments thereto, including overlay and mobile home districts, are hereby incorporated into this LDC by reference.
In the interpretation and application of this LDC, 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.
In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this LDC, the City Manager, or designee, shall be responsible for interpretation and shall look to the city comprehensive plan for guidance. Responsibility for interpretation by the City Manager shall be limited to standards, regulations, and requirements of this LDC, but shall not be construed to include interpretation of any technical codes adopted by reference in this LDC, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections of articles of this LDC.
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 city 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 of duty unless the terms of the provision or section specify otherwise.
Interpretations regarding boundaries of land use districts shall be made in accordance with the following: