This Code shall be entitled the "Land Development Code" and is referred to herein as the "Land Development Code."

(Ord. No. 91-6, § 3(1.00.00), 2-11-1992)

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 town Charter effective March 8, 1970, and the general powers in F.S. ch. 166.

(Ord. No. 91-6, § 3(1.01.00), 2-11-1992)

1.02.01

General applicability. Except as specifically provided as follows, the provisions of this Land Development Code shall apply to all development in the town, and no development shall be undertaken without prior authorization pursuant to this Land Development Code:

1.02.02

Exceptions.

(1)

Previously issued development permits. The provisions of this Land Development Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit if:

a.

The development activity authorized by the permit has been commenced prior to the effective date of this Land Development Code or any amendment thereto, or will be commenced after the effective date of this Land Development Code but within six months of issuance of the building permit; and

b.

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 Land Development Code or amendment thereto.

(2)

Previously approved development orders. Projects with development orders that have not expired at the time this Land Development 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. The town shall provide for all public facilities and services needed prior to approval of a certificate of occupancy and shall certify this exception in writing.

(3)

Not construed to authorize development. Nothing in this Land Development Code shall be construed to authorize development that is inconsistent with the town comprehensive plan.

(Ord. No. 91-6, § 3(1.02.00), 2-11-1992)

1.03.01

The integration of land development regulations.

(1)

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 town.

(2)

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 division labeled "stormwater management;" tree planting requirements are found in the "landscaping" division, and so forth.

(3)

Likewise, there is no division labeled "planned unit development." The distinction between PUD developments and others may be eliminated in an integrated Land Development Code. Under this Land Development Code, all development is treated as only planned unit developments were in the past. Thus, all commercial development, and all residential development except the building of a dwelling on a lot of record, must go through a review process similar to that used for planned unit developments. Also, the flexible site design criteria formerly reserved for planned unit developments are now applied to all developments.

(4)

In short, this Land Development 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.

1.03.02

Checklist for preparation and review of development proposals. Every attempt has been made to make this Land Development 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 a developer 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. Section 1.02.00, "applicability," establishes which development must comply with the requirements of this Land Development 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 Land Development Code or by rules in effect prior to the adoption of this Land Development Code.

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

ARTICLE II. LAND USE: TYPE, DENSITY AND INTENSITY

The 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 section 2.01.00.

What uses are allowed in that district? See subsections 2.02.01 through 2.02.03.

If a residential development is to be proposed, what is the allowable density (dwelling units per acre)? See subsection 2.02.04.

If a commercial development is to be proposed, what is the allowable intensity (floor area ratio) of the development? See subsection 2.02.05.

Is the development eligible for density or intensity bonuses? See section 2.03.00.

ARTICLE III. OVERLAY AND FLOATING ZONES

Once the use, and its intensity and density, have been determined for a site, it must be determined whether the site is within an overlay district. For example, if the site is within a historic district, certain added development restrictions will apply. This article contains all overlay districts that might affect a site. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Is the site a historic landmark or within a designated historic district? See section 3.01.00.

Does the proposed development activity involve the construction of a house in an existing subdivision? See the Infill Development Standards in section 3.02.00.

ARTICLE IV. 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 IV 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 section 4.01.00.

Is the general concurrency requirement met? See division 4.02.00 specifically:

Will the proposed development use potable water? See section 4.03.01.

ARTICLE V. 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. This article 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 protected trees, or a canopy road, as defined in the Code? See division 5.01.00.

Does the site contain wetlands, or other environmentally sensitive lands described in the comprehensive plan? See division 5.02.00.

Is the site near a protected wellhead, as defined in the Code? See division 5.03.00.

Does the site contain habitat of threatened or endangered species? See division 5.04.00.

Does the site contain land in the 100-year floodplain? See division 5.05.00.

Does the site contain open spaces? See division 5.06.00.

Division 5.08.00 should be examined for other restrictions on developments.

Stormwater permit requirements are at section 12.04.02(d) and pertain to any change in a property as well as new development activities.

Is the site located on a lake or canal? See section 5.05.03 and division 5.06.00.

ARTICLE VI. 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. This article 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 the subdivision of land? See section 6.01.01 for minimum lot area requirements and section 12.02.12 for platting procedures.

Will the development contain buildings or other impervious surfaces? See section 6.01.02 for impervious surface coverage requirements.

Will the development contain buildings or other structures? See section 6.01.03 for building setback requirements and section 6.01.04 for height requirements.

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

See sections 6.02.02, 6.02.03 and 6.02.04 for street layout, design and right-of-way requirements.

See section 6.02.05 transit stop requirements.

See section 6.02.06 for sidewalk and bikeway requirements.

See section 6.02.07 for access requirements.

See section 6.02.08 for standards relating to drive-up facilities.

See division 6.03.00 for off-street parking and loading requirements.

See division 6.06.00 for landscaping requirements.

Will the development involve the installation of utilities? See division 6.04.00 for installation and design standards

Will the development affect the quality or quantity of stormwater runoff from the site? See division 6.05.00 for stormwater management requirements.

Is the development adjacent to a street or use such that a buffer must be provided? See section 6.06.02 for buffer requirements.

Verify if any supplemental requirements in division 6.07.00 apply.

ARTICLE VII. ACCESSORY STRUCTURES AND USES

Article VII 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:

Are pool and air conditioner accessory structures to be in a yard? See section 7.02.08.

Is a satellite dish antenna to be installed? See section 7.02.01.

Is a storage building, utility building, or greenhouse to be installed? See section 7.02.02.

Is a swimming pool, hot tub or similar structure to be installed? See section 7.02.03.

Is a fence to be installed? See section 7.02.04.

Is a boathouse or dock to be installed? See section 7.02.05.

Is an accessory apartment to be created? See section 7.02.07.

Is a playset or sport court to be created? See section 7.02.09.

Is a home-based business to be started? See section 7.03.01.

ARTICLE VIII. SIGNS

Article VIII 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 section 8.01.00.

Prohibited signs are listed at division 8.02.00.

Regulations relating to temporary signs are at division 8.03.00.

Regulations relating to permanent accessory signs are at division 8.04.00.

Outdoor advertising signs are prohibited in division 8.05.00.

The way in which measurement determinations, e.g. sign height and size, are made is covered in division 8.06.00.

Regulations relating to the design, construction, location and permit requirements of signs are in section 8.07.00.

ARTICLE IX. OPERATIONAL PERFORMANCE STANDARDS

Article IX provides standards governing certain potentially noxious aspects of the ongoing use of development. The following is a checklist of provisions that should be consulted with regard to a development proposal:

Will the development create an exceptional amount of noise? See section 9.01.00.

Will the development create an exceptional amount of vibration? See division 9.02.00.

Will the development create air pollution? See section 9.03.00.

Will the development create an exceptional amount of odor? See section 9.04.00.

Will the development create a risk of fire or explosion? See section 9.05.00.

Will the development create a risk of electromagnetic interference? See section 9.06.00.

Will glare or heat problems arise? See section 9.07.00.

Will sewage and waste be created? See section 9.08.00.

ARTICLE X. HARDSHIP RELIEF

Article X provides several avenues for seeking relief from requirements in this Land Development 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 regulation in article II and/or the development design and improvement standards in article VI? See division 10.01.00.

With regard to proposed development, is relief sought from the strict application of a development design standard? See division 10.02.00.

With regard to proposed development, is relief sought from the resource protection standards through the use of clustering? See section 10.03.02.

ARTICLE XI. BOARDS AND AGENCIES

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 XII must be followed. First, however, one should become familiar with the boards and agencies involved in that review. Article XI establishes and describes the following boards and agencies:

Land planning agency. See division 11.01.00.

Administration (town manager) See division 11.02.00.

Technical review committee. See division 11.03.00.

Development review board. See section 11.04.02.

Historic preservation board. See section 11.04.03.

Special magistrate. See section 11.06.00.

Recreation board. See section 11.04.04.

ARTICLE XII. ADMINISTRATION AND ENFORCEMENT

(a)

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 is a checklist of provisions that should be consulted with regard to a development proposal:

Is the proposed activity "development," as defined in the Code? See section 12.00.03.

If the proposed activity is development, must a development plan showing the proposed development be approved prior to the issuance of a construction permit? See division 12.01.00.

If a development plan is not required, see division 12.04.00 for issuance of development permits.

If a development plan is required, is the proposed development a minor development or a major development. See section 12.02.02. See also, the submittal requirements at section 12.02.11.

If the proposal is a minor development, follow the review procedures at sections 12.02.02, 12.02.03 and 12.02.04.

If the proposal is a major development, follow the review procedures at sections 12.02.02, 12.02.03 and 12.02.05.

If the development is to be built in phases, see section 12.02.06.

If the development proposal involves platting, see section 12.02.12.

If the development proposal requires an amendment to the comprehensive plan or land development code, see division 12.05.00.

If an appeal of a decision by the town manager, or by the development review board, is sought, see division 12.06.00.

(b)

The Section 1.03.03 flow charts showing the development review process for major and minor developments are on file in the town clerk's office.

(Ord. No. 91-6, § 3(1.03.01, 1.03.02), 2-11-1992; Ord. No. 2016-01, § 6, 7-12-2016; Ord. No. 2021-02, § 3, 10-12-2021)

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. Development plan review is required for virtually all development activity, except the construction of a dwelling on a lot of record, and other very minor development activity such as the installation of a sign or the removal of a protected tree. There are five basic steps in the development plan review process: preapplication conference, concept review, preliminary development plan review, final development plan review and issuance of construction (development) permits.

As shown in the flow charts which are on file in the town clerk's office, some of the steps are optional for minor development, but all are mandatory for major development:

(Ord. No. 91-6, § 3(1.03.03), 2-11-1992)

1.04.01

General findings.

(1)

Statutory requirement. F.S. ch. 163, requires each state 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 town.

(2)

General public need. Controlling the location, design and construction of development within the town is necessary to maintain and improve the quality of life in the town as more fully described in subsection 1.04.02 of this section.

1.04.02

Specific findings relating to the various subject areas of this Land Development Code. With regard to the following specific subject areas of this Land Development Code, the town council finds:

(1)

Administration and enforcement.

a.

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

b.

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

c.

A mandatory preapplication conference requirement enhances communication and understanding between the town and the developer thereby improving the efficiency of the development review process.

d.

Concept review allows developers to modify proposals in response to early citizen and staff comment.

e.

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

f.

Review of planning decisions should be independent of review of land development decisions to avoid ad hoc planning on a site-by-site basis.

g.

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

h.

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

i.

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

j.

Regulation of building construction, remodeling and movement of structures can be more efficiently managed, supervised and inspected by the county and the county shall collect and retain all fees required. The town shall control all activities required by this Land Development Code and after approval of a development permit, forward the application to the county for further needed actions.

(2)

Signs.

a.

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

b.

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.

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

d.

The construction, erection and maintenance of large signs suspended from or placed on the tops of buildings, walls of other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

e.

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.

(3)

Landscaping and tree protection.

a.

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.

b.

Trees and landscaping benefit the community by:

1.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

2.

Precipitating dust and other particulates from the air;

3.

Providing wildlife habitat, particularly for birds which in turn help control insects;

4.

Providing soil stabilization which reduces erosion and mitigates the effect of flooding;

5.

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during the warm months;

6.

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;

7.

Providing attractive buffering between incompatible land uses; and

8.

Abating noise.

c.

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.

d.

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

e.

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

(4)

Off-street parking and loading.

a.

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

b.

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

c.

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 expanse and hazard of controlling stormwater runoff.

d.

Allowing the use of porous paving materials and unpaved parking areas, whenever possible, will conserve water and energy, moderates the microclimate, and reduce the expense and hazards of controlling storm water runoff.

(5)

Stormwater management.

a.

The uncontrolled drainage of developed land has a significant adverse impact upon the health, safety and welfare of the town.

b.

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.

c.

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

d.

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

e.

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

f.

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

g.

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

h.

Degradation of groundwater and surface water impose economic costs on the community.

i.

80 to 95 percent of the total annual loading of most stormwater pollutants discharge into receiving waters are concentrated in the flush created by the first one-inch of rainwater ("first flush"), and carried off-site in the first one-half-inch of runoff.

j.

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

(6)

Floodplain protection.

a.

Flooding is a natural, recurring phenomenon in the town.

b.

Naturally floodprone lands serve the following important functions in the regional hydrologic cycle and ecological system:

1.

They provide natural storage and conveyance of floodwaters.

2.

They facilitate groundwater recharge.

3.

They provide temporary storage of surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges.

4.

They reduce erosion, and filter nutrients, sediments and other pollutants from floodwaters.

5.

They export detritus and other food sources to open water bodies and are vital habitat for fish, birds, wildlife and native plant communities.

c.

Naturally occurring flooding may provide recharge to groundwater and a basic source of flow to surface waters.

d.

The uncontrolled development of floodprone lands substantially degrades the health, safety and welfare of the community in the following ways:

1.

The owners, residents, customers, guests and employees occupying homes, businesses and other structures located in floodprone areas are placed at unreasonable risk of personal injury and property damage.

2.

Expensive and dangerous search, rescue and disaster relief operations may be necessary when developed properties are flooded.

3.

Roads, public facilities and utilities associated with development may be damaged by flooding at great expense to taxpayers and rate payers.

4.

Flooding of developed properties may lead to demands that the government construct expensive and environmentally damaging projects to control floodwaters.

5.

Normally flood-free lands are placed at risk of flooding when floodwaters on natural floodprone areas are obstructed, diverted, displaced or channelized by development.

6.

Water quality is degraded, the supply of freshwater to estuaries is disrupted and habitat is lost.

7.

Property values are lowered and economic activity is disrupted by damaging floods.

(7)

Protection of environmentally sensitive lands.

a.

Protection of environmentally sensitive lands described or mapped in the comprehensive plan promotes the well being of the people of the town as described in subsection 1.04.02(7)b of this section and in the conservation element.

b.

Wetlands serve the following beneficial functions:

1.

Wetlands provide natural storage and conveyance of floodwaters, and minimize erosion and sedimentation by reducing flood flows and the velocity of floodwaters.

2.

Inland wetlands adjoining larger lakes and rivers, protect wildlife and the shoreline from destructive wave action.

3.

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

4.

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

5.

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

6.

Wetlands recharge groundwater and surface water.

c.

Shorelines serve the following beneficial functions:

1.

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.

2.

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

3.

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

4.

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

5.

The desire of waterfront property owners to obtain a clear area for activities and water sports and to minimize the occasional undesirable presence of snakes and alligators native to the water is recognized.

6.

Measures are needed to balance private and public interests and to protect the public health, safety and welfare and preserve the natural beauty and attractiveness of waters in the lakes and streams of the town by controlling the amount of clearing or removal of shoreline or waterfront vegetation.

7.

Shoreline vegetation is necessary for the health and viability of a lake system. Sediments and nutrients, contributed both by stormwater runoff and recirculation within the lakes' waters, are removed by shoreline vegetation and associated areas by means of filtration and recycling through the shoreline vegetation.

8.

Both wave action and stormwater runoff will cause extensive erosion of nutrient-laden soils, particularly where those soils have been destabilized by removal of shoreline vegetation.

9.

Erosion of waterfront soils not only contributes to the slow in-filling of lakes, but the soils also entrap and entrain quantities of organic materials which contribute to the nutrient load of a lake. This soil stabilization, in conjunction with the natural uptake and assimilative capacities of shoreline vegetation, reduces the quantity of nutrients available for both cultural and natural eutrophication.

10.

The end result of combined, unrestricted removal of waterfront and shoreline vegetation is to eliminate the habitat and nutrient removal that is essential for preservation of a lake's ecology and water quality.

11.

Shoreline vegetation both protects and improves lake water quality and should be protected from substantial clearing.

12.

Development activities have destroyed or impaired the beneficial functions of environmentally sensitive lands to the town.

13.

Federal, state and county regulations do not adequately protect environmentally sensitive lands, thus making local regulation necessary.

(8)

Protection of cultural resources.

a.

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

b.

In recognition of these assets, the town has adopted recreation and conservation elements as part of its comprehensive plan.

c.

The recreation and conservation elements of the comprehensive plan include a survey of resources that has been adopted as the official inventory of resources of the town.

d.

The recognition, protection, enhancement and use of these resources are public purposes promoting the economic, health, prosperity, recreational, educational, cultural and general welfare of the public by increasing property values, stabilizing neighborhoods and older areas of the town, increasing economic benefits to the town and its inhabitants, enriching human life in its recreational, educational and cultural dimensions, and fostering civic pride in the beauty and noble accomplishments of the past.

e.

The town has exerted efforts in an attempt to encourage redevelopment of the older parts of the town and continues to do so.

f.

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.

(Ord. No. 91-6, § 3(1.04.00), 2-11-1992)

State Law reference— Land development regulations requirements, F.S. § 163.3202.

1.05.01

General intent. 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 town council:

(1)

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

(2)

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 town in accordance with the comprehensive plan.

(3)

To adopt a development review process that is:

a.

Efficient, in terms of time and expense;

b.

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

c.

Equitable, in terms of consistency with established regulations and procedures, respect of the rights of property owners and consideration of the interests of the citizens of the town.

(4)

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

(5)

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).

1.05.02

Specific intent relating to the various subject areas of this Land Development Code. The provisions of this Land Development Code dealing with the following specific subject areas shall by construed and implemented to achieve the following intentions and purposes of the town council.

(1)

Administration and enforcement.

a.

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

b.

To promote efficiency, predictability and citizen participation.

c.

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

(2)

Signs.

a.

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.

b.

To permit signs that are:

1.

Compatible with their surroundings;

2.

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

3.

Appropriate to the type of activity to which they pertain;

4.

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.

Reflective of the identity and creativity of individual occupants.

d.

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

(3)

Landscaping and tree protection.

a.

To enhance the attractiveness of the community.

b.

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

c.

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

d.

To mitigate conflicts between adjoining land uses.

e.

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

f.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas by:

1.

Clearly delineating and buffering the bounds of vehicular use areas, particularly where they abut public rights of way, so that movement, noise and glare in one area do not adversely distract activity in another area;

2.

Limiting physical site access to established points of ingress and egress; and

3.

Limiting the internal movement of vehicles and pedestrians to designated traffic configurations.

g.

To preserve the community's irreplaceable natural heritage for existing and future generations.

(4)

Parking and loading. To ensure 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.

(5)

Stormwater management.

a.

To protect and maintain the chemical, physical and biological integrity of groundwater and surface water.

b.

To prevent activities which adversely affect groundwater and surface water.

c.

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

d.

To protect natural drainage systems.

e.

To minimize runoff pollution of groundwater and surface water.

f.

To maintain and restore groundwater levels.

g.

To protect and maintain natural salinity levels in estuarine areas.

h.

To minimize erosion and sedimentation.

i.

To prevent damage to wetlands.

j.

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

(6)

Floodplain protection.

a.

To protect human life and health.

b.

To minimize expenditure 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 public expense.

d.

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

e.

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

f.

To ensure that potential purchasers of subdivided land are notified that the property is in a floodprone area.

g.

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

h.

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

i.

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

j.

To prevent unnatural diversion of floodwater to lands that are normally flood free.

k.

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 and other floodprone lands.

l.

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

m.

To encourage the use of floodprone lands as open space.

n.

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

(7)

Protection of environmentally sensitive lands.

a.

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

b.

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

c.

To prevent activities which adversely affect groundwater and surface water, natural habitats and native flora and fauna.

d.

To maintain recharge for groundwater aquifers.

e.

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

f.

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

g.

To protect aesthetic and property values.

h.

To preserve the natural beauty and attractiveness of the lakes and canals.

i.

To protect the public health, safety and welfare, as well as maintain lake water quality and reduce nutrient loading in the lakes.

(8)

Protection of cultural resources.

a.

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 as well as provide recreation opportunities within the town.

b.

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

c.

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

d.

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

(Ord. No. 91-6, § 3(1.05.00), 2-11-1992)

1.06.01

Generally. The adoption of a unified land development code implements the following goals, objectives and policies of the town comprehensive plan, as adopted and amended by the town council from time-to-time.

1.06.02

Specifically. Portions of this Land Development Code are implemented by the goals of the elements listed, as well as the policies within the objectives cited as follows:

(1)

Administration and enforcement provisions are within:

a.

Objectives 1.0, 2.0, 3.0, 4.0, 5.0, 6.0, 7.0, 8.0 and 9.0 of the future land use element;

b.

Objectives A1.0, A2.0, A4.0, A5.0, A8.0, A10.0 and B2.0 of the traffic element;

c.

Objectives 1.0, 2.0, 3.0, 5.0, 7.0, 8.0 and 9.0 of the housing element;

d.

Objective A1.0 in sewer subelement;

e.

Objective B1.0 in solid waste subelement;

f.

Objective C2.0 of drainage subelement;

g.

Objective D1.0, 2.0 and 3.0 of potable water subelement;

h.

Objective E1.0 of groundwater subelement;

i.

Objectives 1.0, 2.0, 3.0, 4.0, 5.0 and 7.0 of conservation element;

j.

Objective 2.0 of intergovernmental element; and

k.

Objectives 1.0, 2.0, 3.0, 4.0 and 5.0 of capital improvement element.

(2)

Sign regulations are found in:

a.

Objectives 4.0 of future land use element; and

b.

Objectives 1.0, 3.0 and 4.0 of recreation element.

(3)

Landscaping and tree protection regulations are based on:

a.

Objective 5.0 of future land use element;

b.

Objective C2.0 of drainage subelement;

c.

Objective D2.0 of potable water subelement;

d.

Objective 3.0 and 4.0 of conservation element; and

e.

Objective 3.0 of recreation element.

(4)

Parking and Loading regulations are based on:

a.

Objectives 4.0 and 5.0 of future land use element; and

b.

Objectives A2.0 and A6.0 of traffic element.

(5)

Stormwater management regulations are based on:

a.

Objectives 2.0, 4.0 and 5.0 of future land use element;

b.

Objective A7.0 of traffic element;

c.

Objectives C1.0 and C2.0 of drainage subelement;

d.

Objectives 2.0 and 5.0 of conservation element; and

e.

Objective 5.0 of capital improvement element.

(6)

Floodplain protection is based on:

a.

Objective 5.0 of future land use element;

b.

Objectives C1.0 and C2.0 of drainage subelement;

c.

Objectives 1.0 and 2.0 of housing element; and

d.

Objectives 2.0 and 4.0 of conservation element.

(7)

Protection of environmentally sensitive lands is based on:

a.

Objectives 2.0 and 5.0 of future land use element;

b.

Objective A7.0 of traffic element;

c.

Objective 1.0 of housing element;

d.

Objective A1.0 of sewer subelement;

e.

Objectives C1.0 and C2.0 of drainage subelement;

f.

Objectives 1.0 and 2.0 of potable water subelement;

g.

Objectives 2.0, 3.0, 4.0, and 6.0 of conservation element; and

h.

Objectives 3.0 and 5.0 of recreation element.

(8)

Protection of cultural resources and recreation sites are based on:

a.

Objective 6.0 of future land use element;

b.

Objective 6.0 of housing element; and

c.

Objectives 1.0, 2.0, 3.0 and 4.0 of recreation element.

(Ord. No. 91-6, § 3(1.06.00), 2-11-1992)

1.07.01

Technical Construction Standards Manual. Such manuals, engineering standards and construction design specifications that are prescribed and/or used by the county and the state shall be used within or by the town.

1.07.02

Maps. Land use, traffic and other maps within the town comprehensive plan adopted and as amended by the town council are incorporated into this Land Development Code.

1.07.03

Other materials.

(1)

Part I, Charter; Charter and general ordinances of the town.

(2)

Part II, Code of Ordinances; Charter and general ordinances of the town, specifically the following in respect to the listed part or section of this Land Development Code:

a.

Chapter 2, article IV, special magistrate, section 11.06.00);

b.

Chapter 6, sections 6-3 to 6-5, construction (section 12.04.02);

c.

Chapter 2, sections 2-9 and 2-10, elevation (section 5.05.03);

d.

Chapter 24, section 24-1, property area (section 3.02.02);

e.

Chapter 16, article II, land planning agency (part 11.01.00);

f.

Chapter 16, flood damage prevention (section 5.05.01);

g.

Chapter 32, section 32-25, moving structures (section 12.04.02).

(Ord. No. 91-6, § 3(1.07.00), 2-11-1992)

1.08.01

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

1.08.02

Responsibility for interpretation. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provisions of this Land Development Code, the town manager shall be responsible for interpretation and shall look to the town comprehensive plan for guidance. Terms not otherwise defined herein shall be interpreted first by reference to the adopted comprehensive plan, if specifically defined therein; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. The particular shall control the general. In case of any difference of meaning or implication between the text of these regulations and any caption, figure, illustration, summary table, or illustrative table, the text shall control. Responsibility for interpretation by the town manager shall be limited to standards, regulations and requirements of this Land Development Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Land Development Code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Land Development Code.

1.08.03

Computation of time. The term "computation of time" means the time within which an act is to be done and 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.

1.08.04

Delegation of authority. Whenever a provision appears requiring the head of a department or some other town 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 provisions or section specify otherwise.

1.08.05

Gender. The term "gender" includes words importing the masculine gender and shall be construed to include the feminine and neuter. The term "include" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

1.08.06

Number; tense. Words in the singular shall include the plural and words in the plural shall include the singular. Words used in the present tense can include the future.

1.08.07

Shall, may. The term "shall" is mandatory; "may" is permissive.

1.08.08

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

1.08.09

Year. The term "year" means a calendar year, unless otherwise indicated.

1.08.10

Day. The term "day" means a working day, unless a calendar day is indicated.

1.08.11

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

(3)

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

(4)

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

1.08.12

Relationship of specific to general provisions. More specific provisions of this Land Development Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(Ord. No. 91-6, § 3(1.08.00), 2-11-1992)

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.

(Ord. No. 91-6, § 3(1.10.00), 2-11-1992)

If any section, subsection, paragraph, sentence, clause or phrase of this Land Development 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 Land Development Code shall continue in full force and effect.

(Ord. No. 91-6, § 3(1.11.00), 2-11-1992)

These regulations shall be effective on December 1, 1991.

(Ord. No. 91-6, § 3(1.12.00), 2-11-1992)

In the construction of this Land Development Code and of all amendments, the following definitions and rules of construction shall be observed, unless otherwise specifically defined or such construction would be inconsistent with the manifest intent of the town council:

Abut means to physically touch or border upon; or to share a common property line.

Adversely affected person means any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including, but not limited to:

(1)

Interests related to health and safety;

(2)

Police and fire protection services;

(3)

Densities or intensities of development;

(4)

Transportation facilities;

(5)

Recreational facilities;

(6)

Educational facilities;

(7)

Health care facilities, equipment or services; and

(8)

Environmental or natural resources.

The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.

Developer means any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development or development activity means any of the following activities:

(1)

Construction, clearing, grubbing, alteration, scraping, filling, excavating, grading, paving, demolition, removing, dredging, exposing, mining, digging, drilling, burrowing, dumping, piling, leveling or otherwise significantly disturbing the soil, mud, sand or rock of a site as well as killing or otherwise removing the vegetation from a site.

(2)

Building, removing, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

(3)

Building or construction work that results in physical changes to property, building or other principal structure, including such activities referred to as renovation, remodeling, facelifting.

(4)

Subdividing land into two or more parcels.

(5)

A tree removal for which authorization is required under this Land Development Code.

(6)

Erection of a permanent sign unless expressly exempted by article VIII of this Land Development Code.

(7)

Alteration of a historic property for which authorization is required under this Land Development Code.

(8)

Changing the use of a site so that the need for parking is increased.

(9)

Construction, elimination or alteration of a driveway onto a public street.

Development order means an order granting, denying or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order and development permit. See following subsections:

(1)

Preliminary development order means any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures. A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration. For purposes of this Land Development Code preliminary development orders include future land use map amendments, comprehensive plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

(2)

Final development order means the final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Land Development Code. (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation landscaping, and the like.) For purposes of this Land Development Code the final development plan approval is the final development order.

(3)

Development permit means, for purposes of this Land Development Code, that official town document which authorizes the commencement of construction or land alteration without need for further application and approval. The term "development permit" includes all types of construction permits (plumbing, electrical, foundation, mechanical and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Gross density or density means the total number of dwelling units divided by the total site area, less public right-of-way.

Gross floor area means the sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. The term "impervious surface" includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Improvement means any manmade, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Minor replat means the subdivision of a single lot or parcel of land into two lots or parcels, or the subdivision of a parcel into two or more lots which are solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Land Development Code.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel means a unit of land within legally established property lines. If, however, the property lines are such as to defeat the purposes of this Land Development Code or lead to absurd results, a parcel may be as designated for a particular site by the town manager.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner, but shall not include fences or signs.

Vehicle use area means an area used for circulation, parking and/or the display of motorized vehicles, except junk or automobile salvage yards.

(Ord. No. 91-6, § 3(12.00.03), 2-11-1992; Ord. No. 2009-03, § 9(12.00.03), 6-9-2009)