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Winter Haven City Zoning Code

ARTICLE I

- GENERAL PROVISIONS

Sec. 21-1.- Title.

This document shall be referred to as the "Unified Land Development Code of the City of Winter Haven" and may be referred to herein as the "code."

(Ord. No. O-00-09, Art. 1 (1.01.00), 4-24-00)

Sec. 21-2. - Authority.

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act), the City Charter, and the general powers enumerated in F.S. Chapter 166 (City government).

(Ord. No. O-00-09, Art. 1 (1.02.00), 4-24-00)

Sec. 21-3. - Applicability.

With the exceptions listed below, all development in the City shall be subject to the provisions of this Code, and no development shall be undertaken without prior authorization pursuant to this Code.

(1)

Exceptions.

a.

A development project with an approved subdivision plat may proceed under regulations in effect at the time of approval provided that:

1.

The development order has not expired at the time of adoption of this Code or amendment thereto; and

2.

Development activity has begun or will begin according to the time limits under which the development was originally approved.

b.

If the development order expires or is otherwise invalidated, any further development activity on the development site shall conform to the requirements of this Code or amendment thereto.

c.

The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development permit provided that:

1.

The development permit was issued prior to adoption of this Code and development activity has begun or will begin within six (6) months of the date of issuance of the development permit; and

2.

Development activity continues without interruption until the development is complete. If the development permit expires, any further development shall conform to the requirements of this Code or any amendments thereto.

(Ord. No. O-00-09, Art. 1 (1.03.00), 4-24-00)

Sec. 21-4. - Repeal of conflicting local laws.

The following ordinances, as well as any and all other City ordinances, resolutions, or general laws, or any part thereof, which conflict with any provision or provisions of this chapter are hereby repealed:

Winter Haven Municipal Code
Unified Land Development Code
5-121 thru 5-130 Tents 2.05.04
5-131 thru 5-142 Downtown business area 2.05.01
7-26 thru 7-77 Flood hazard protection 5.01.00
7-29 Definitions in Article IX
7-52 8.01.03
7-98 thru 7-104 Stormwater management 3.05.00
7-97 Definitions in Article IX
10-51 thru 10-80 Docks, piers, boathouses 2.06.02.02
10-81 thru 10-100 Lakeshore protection 5.03.00
10-84 Definitions in Article IX
15-47 Street specifications 3.02.06
15-48 Approval required for curb cuts 3.02.08
15-49 Vacated streets, alleys and public ways 8.04.01
15-50 Access points into streets 3.02.08
15-91 thru 15-93(3); 15-96 thru 15-98 Thoroughfare plan & building lines 3.02.02
16-1 thru 16-137 Subdivision regulations 7.05.00; 3.08.00
16-1 Definitions Article IX
21-1 Definitions Article IX
21-26 thru 21-29 Administration Throughout ULDC
21-32 thru 21-33 Administration Throughout ULDC
21-34 Planning director 8.01.01
21-51 thru 21-55 BOA 8.03.02
21-77 thru 21-79 Planning commission 8.03.01
21-80 Amendment of UDC 8.05.00
21-81 Conditional use permits 7.06.05
21-101 thru 21-108 Nonconforming 7.09.00
21-126 and 21-129 Establishing of zoning districts 2.02.00
21-127 Zoning map 8.04.00
21-128 Interpretation of boundaries 8.04.01
21-129 Establishment of zoning districts 2.02.00
21-171 thru 21-176 RE 2.02.03.02
21-196 thru 21-205 R1a 2.02.03.03; 2.02.03.04
21-221 thru 21-229 R2 2.02.03.05
21-246 thru 21-251 R3 2.02.03.05
21-269 Antennas 2.06.02.03
21-281 thru 21-286 R4 2.02.03.06
21-306 thru 21-313 RP 2.02.03.09
21-400 thru 21-482 Performance standards 3.06.00
21-401 thru 21-409 RM 2.02.03.08; 3.11.01
21-403 Accessory uses 2.06.00
21-426 thru 21-429 RV District eliminated
21-428 Accessory uses 2.06.00
21-451 thru 21-460 Business districts 2.02.03.10 thru 2.02.03.13; 2.05.00
21-476 thru 21-483 Industrial districts 2.02.03.14 thru 2.02.03.15; 2.05.00
21-501 thru 21-508 Industrial park 2.02.03.14 & 2.02.03.15
21-506 Performance standards 3.06.00
21-509 thru 21-515 AG1 2.02.03.01
21-526 thru 21-530 Special exception use 2.02.02(A); 7.07.00
21-555 Ag in residential 2.02.02(A)
21-556 Deed restrictions Not in ULDC
21-557 Fences 2.03.08
21-558 Home occupations 2.04.01
21-559 Houseboats 2.02.02(A)
21-560 2.02.02(A)
21-561 Mobile homes 2.02.02(A)
21-562 Nursing home 2.03.04
21-563 Performance standards 3.06.00
21-564 Lot frontage minimum 3.02.03
21-565 Service station SDP Article III
21-566 Shopping center SDP Article III
21-567 Swimming pools 2.06.02.01
21-571 Communications towers & antennas 3.11.03
21-668 Waterfront setbacks 2.03.10
21-570 Height restrictions 2.02.00
21-581 thru 21-583 Parking 3.03.02 thru 3.03.03
21-611 thru 21-620 Landscaping 3.07.00
21-651 thru 21-653 PUD 7.04.00
21-676 thru 21-692 Signs Article IV
21-701 thru 21-712 Development agreements 6.02.00

 

(Ord. No. O-00-09, Art. 1 (1.04.00), 4-24-00)

Sec. 21-5. - Interpretation.

The provisions of this Code will be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare; and to implement the comprehensive plan of the City.

(Ord. No. O-00-09, Art. 1 (1.05.00), 4-24-00)

Sec. 21-6. - Penalties for violation.

Whenever in this Code or in any ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense, or whenever in the code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine not exceeding five hundred dollars ($500.00). Each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate offense.

(Ord. No. O-00-09, Art. 1 (1.06.00), 4-24-00)

Sec. 21-7. - Severability.

It is hereby declared to be the intention of the City Commission that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Ord. No. O-00-09, Art. 1 (1.07.00), 4-24-00)

Sec. 21-8. - Amendment by ordinance.

This Code shall be amended by ordinance. Every proposed ordinance or resolution shall be introduced in written or printed form and shall contain not more than one (1) subject, which subject shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. The enacting clause of all ordinances shall be, "Be it enacted by the People of the City of Winter Haven." No ordinance, unless it shall be an emergency measure, shall be passed until it shall have been read at two (2) meetings, not less than one (1) week apart, or unless the requirements of such reading have been dispensed with by unanimous vote of the City commission.

(Ord. No. O-00-09, Art. 1 (1.08.00), 4-24-00)

Sec. 21-9. - State building code adopted.

The latest edition of the Standard Building Codes, as published by the Southern Building Code Congress International, Inc. and all construction codes mandated by any of the authorized boards, departments, rule making authorities, or Legislature of the State of Florida to be adopted and enforced, are hereby adopted and incorporated as the construction codes of the City, subject to and including, by references, such additions, amendments, and modifications that may be adopted by City ordinance, or required to be added or enforced by any of the authorized boards, departments, rule making authorities, or Legislature of the State of Florida. The codes are on file in the building division and administered by the building official. All persons wishing to construct any structure or improve any property within the City must abide by all construction codes and standards adopted and/or enforced by the City, as well as this unified land development code.

In the event of a conflict between the provisions of this article and the provisions of this Code, the provisions which are more stringent shall apply.

(Ord. No. O-00-09, Art. 1 (1.09.00), 4-24-00)

Sec. 21-10. - Connection to City water and sewer systems.

Please refer to Chapter 19 of this Code of Ordinances for requirements concerning the connection to City water and sewer systems.

(Ord. No. O-00-09, Art. 1 (1.10.00), 4-24-00)

Sec. 21-11. - Effective date.

These regulations were adopted by Ordinance No. O-00-09 on April 24, 2000. These regulations shall become effective six (6) months after the date of adoption.

(Ord. No. O-00-09, Art. 1 (1.11.00), 4-24-00; Ord. No. O-00-19, § 3(A), 4-24-00)