This code shall be known as the "Zephyrhills Land Development Code" and may be cited and referred to as the "code" or the "LDC". Citation to provisions contained in this code shall be referenced as "Sec._______, LDC".

Any ordinance, code provision or resolution in conflict with the language herein is hereby repealed in its entirety.

It is the legislative intent of the City Council in adopting this code that all provisions hereof shall be liberally construed to protect and preserve the peace, health, safety and general welfare of the inhabitants of the city. It is the further intent of the City Council that this code shall stand, notwithstanding the invalidity of any section, phrase, sentence or other part hereof and that should any part of this code be held to be unconstitutional or invalid by a court of competent jurisdiction, the part shall be deemed a separate, distinct and independent part and the holding shall not be construed as affecting the validity of any of the remaining parts.

Any person adversely affected by this section may seek judicial relief in the Sixth Judicial Circuit, in and for Pasco County, Dade City, Florida or the Federal District Court in and for the Middle District of Florida, Tampa, Florida.

The provisions of this code shall be effective on and after February 10, 2003.

(A)

All applications for which public hearings have been convened prior to the effective date of this code shall be heard and decided pursuant to the terms of those procedures in effect prior to the effective date.

(B)

All applications made prior to the adoption of this code for which decisions are made after the effective date shall be decided pursuant to the term of the procedures in effect at the time of the application.

(C)

All applications made after adoption of this code shall be decided pursuant to the terms of the regulations in effect at the time of the decision.

(D)

Notwithstanding the above, more specific requirements of this code relative to a particular application type shall apply.

The City Council of Zephyrhills, Florida, has the authority to prepare, adopt and enforce this code pursuant to Article 8, § 1(f), the Florida Constitution; F.S. §§ 125.01, et seq.; F.S. §§ 163. 3161 et seq.; F.S. § 163.3161(8); F.S. § 163.3201; F.S. § 163.3202; Rule 9J-5, Florida Administrative Code; Rule 9J-24, Florida Administrative Code; the City of Zephyrhills Comprehensive Plan; and such other authorities and provisions established in statutory or common law.

It is the purpose of the City Council of Zephyrhills, Florida, to establish the standards, regulations and procedures for review and approval of all proposed development of property within the corporate limits of the city and to provide a development review process that will be comprehensive, consistent and efficient in the implementation of the goals, objectives and policies of the City of Zephyrhills Comprehensive Plan.

(A)

In order to foster and preserve public health, safety, comfort and welfare and to aid in the harmonious, orderly and progressive development of the unincorporated areas of the city, it is the intent of this code that the development process in the city be efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners and consideration of the interests of the citizens of the city.

(B)

The City Council deems it to be in the best public interest for all development to be conceived, designed and built in accordance with good planning and design practices and the minimum standards set forth in this code.

The regulations of this code shall apply throughout the unincorporated portions of the city. No development shall be undertaken without prior authorization pursuant to this code.

Property hereafter annexed to the city shall be given a zoning classification which is compatible with the Pasco County Comprehensive Plan in effect at the time of the annexation until the city's Comprehensive Plan and Zoning Map shall be amended.

(A)

Generally. Nothing shall be allowable on premises in any zone established which would in any way be offensive or obnoxious by reason of the emission of odors, liquids, gases, dust, smoke, vibration or noise. Nor shall anything be placed, constructed or maintained that would in any way constitute a nuisance to adjacent property owners, residents or to the community.

(B)

Specifically.

(1)

No building, structure, land or water shall hereafter be developed, used or occupied and no building, structure or part thereof shall hereafter be erected, reconstructed, moved, located or structurally altered except in conformity with the regulations set out generally herein and for the district in which it is located. In clarification of the foregoing, it is the specific intent of the Board of County Commissioners that all floating structures and buildings, as well as development, buildings and structures built over or in water, shall meet all the requirements of this code and other codes and regulations of the city.

(2)

No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved or structurally altered in any manner so as:

(a)

To exceed the permitted height, bulk or floor area;

(b)

To accommodate or house a greater number of families or other occupants or to provide a greater number of dwelling units;

(c)

To occupy a greater percentage or portion of lot area;

(d)

To provide less lot area per dwelling unit or to occupy a smaller lot;

(e)

To provide narrower or smaller yards or other open spaces or spaces or separations between buildings or portions thereof;

(f)

To provide less off-street parking or off-street loading space; or

(g)

To permit the use of the building or structure for a use not permitted in the district in which it is located; than herein required or limited or in any other manner contrary to any provisions of this code.

No lot of record shall hereafter be divided unless, following any division, each part by itself or in combination with adjoining lot(s) shall conform with all regulations of the zoning district in which the property is located. To insure that lots or parcels which are created shall not subsequently be subdivided, transferred, conveyed or sold in any unit other than its entirety, the owners shall be required to execute a "unity of title" document which shall be recorded with the Clerk of the Circuit Court, Pasco County, Florida.

No building or other structure shall be erected, moved, added to or structurally altered without a permit therefor, issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this article or after City Council approval in cases of conditional use and planned unit developments.

No change in the use or occupancy of land, nor any change or occupancy in an existing building, shall be made, nor shall any new building be occupied for any purpose until a valid certificate of occupancy has been issued.

No occupational license shall be issued by the Building Department unless there shall be a valid occupancy permit as to the premises in which the occupation is to be carried on duly authorizing the use and occupancy.

(A)

Previously issued building permits. The provisions of this code and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this code if:

(1)

The development authorized by the permit has commenced prior to the effective date of this code or any amendment hereto or will commence after the effective date of this code but prior to the permit's expiration or termination; and

(2)

The development continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this code or any amendment.

(B)

Existing uses. All uses, structures and lots existing on the effective date of this code that are not in compliance with the provisions of this code shall be considered nonconforming under the terms of this code, except as otherwise provided in part 11.03.00 of this code.

(A)

Generally.

(1)

In construction of the language of these regulations, the rules set out in this section shall be observed unless the construction would be inconsistent with the manifest intent of the Board of County Commissioners as expressed in the Comprehensive Plan or an element or portion thereof, adopted pursuant to F.S. Chs. 163 and 186 (1986). The rules of construction and definitions set out herein shall not be applied to any express provisions excluding the construction or where the subject matter or context of the section is repugnant thereto.

(2)

All provisions, terms, phrases and expressions contained in these regulations shall be so construed in order that the true intent and meaning of the Board of County Commissioners may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms.

(B)

Minimum requirements. In the interpretation and application of any provision of these regulations it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of these regulations imposes greater restrictions upon the subject matter than a general provision imposed by the Comprehensive Plan or another provision of these regulations, the provision imposing the greater restriction or regulation shall be deemed to be controlling.

(C)

Conflict with other laws. If the provisions of this code conflict with those of any other statute, code, local ordinance, resolution, regulation, Comprehensive Plan or other applicable law, the more stringent standard, limitation or requirement shall govern or prevail to the extent of the conflict.

(D)

Debt or pledge. Nothing in the code shall be construed to create a debt or general obligation of the city or a pledge of the full faith and credit or taxing power of the city.

(E)

Site design requirements apply onsite. No part of a yard, area, open space or off-street parking or off-street loading space required for one structure or use shall be included as meeting requirements for another, except where specific provisions therefor are made in this code.

(F)

Limitations on creation of new lots or reductions of lots or yards.

(1)

No new lot shall be created after the effective date of this code except in conformity with the requirements of applicable regulations. No yard or lot existing at the time of passage of these regulations shall be reduced by private action in width, depth or area below the minimum requirements set forth herein. Notwithstanding the foregoing, unmanned public service facilities, including, but not limited to, pump/lift stations, utility substations and similar public service structures, may be sited on lots smaller than otherwise required if it can be demonstrated to the satisfaction of the Administrator that they meet applicable setbacks, buffers or other standards.

(2)

No portion of a lot, used in connection with an existing or proposed building, structure or use and necessary for compliance with the area, height and placement regulations of this code, shall, through sale or otherwise, be used again as a part of the lot required in connection with any other building, structure or use.

(G)

Action when development parcel contains two or more zoning districts.

(1)

Where a zoning lot contains two or more district designations with different permitted floor area ratios applying, the permitted floor area ratio for the zoning lot shall not exceed the sum of the results obtained by multiplying the privately-owned land area of the zoning lot in each district by the applicable permitted floor area ratio for that portion of the zoning lot.

(2)

Where a zoning lot contains two or more districts designations with different density regulations, (i.e., a differing amount of required lot for each dwelling unit), the density (maximum number of dwelling units) shall not exceed the numeric sum of the maximum number of units that could be constructed on individual portions of the zoning lot in each zoning district.

(3)

Nothing in this section shall authorize the location of a use in a district where that use is not either a permitted principal or accessory use or a permissible special use.

(H)

Reserved.

(I)

Text controls. In case of any difference of meaning or implication between the text of this code and any figure, the text shall control.

(J)

Computation of time. 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.

(K)

Day. The word "day" shall mean a calendar day.

(L)

Week. The word "week" shall be construed to mean seven calendar days.

(M)

Month. The word "month" shall mean a calendar month.

(N)

Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated.

(O)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(P)

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and thing. The use of the plural number shall be deemed to include any single person or thing.

(Q)

Shall and may. The word "shall" is mandatory; "may" is permissive.

(R)

Tense. Words used in the past or present tense include the future as well as the past or present.

(S)

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

(T)

Abbreviations used.

AASHTO: American Association of State Highway and Transportation Officials.

City: City of Zephyrhills, Florida.

County: Pasco County, Florida.

DOT: Florida Department of Transportation.

EOR: Engineer of record who is an individual registered by the state as a professional engineer. Further, the individual must be competent to perform engineering assignments in the specific technical field of civil engineering and the engineering practice must not be in conflict with subparagraphs (2)(d), (5)(c) and (5)(d) of Rule 21H-19.01 of the Rules of the Department of Professional Regulation, Board of Professional Engineers.

SWFWMD: Southwest Florida Water Management District.

FDOT: Florida Department of Transportation.

HUD: United States Department of Housing and Urban Development.