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Home My WebLink About519 Land Development Code 049,411,4) 01940 fis- 03 / . 33 . ORDINANCE NO. 519 AN ORDINANCE OF THE CITY OF ZEPHYRHILLS, FLORIDA, TO BE KNOWN AS THE "CITY OF ZEPHYRHILLS LAND DEVELOPMENT CODE" , PROVIDING FOR FINDINGS; INTENT; RULES OF INTERPRETATION; INCORPORATION BY REFERENCE OF THE CITY OF ZEPHYRHILLS LAND DEVELOPMENT CODE WHICH ESTABLISHES DEFINITIONS, ADMINISTRATIVE AND LEGISLATIVE PROCEDURES, PERMITTING OF NONCONFORMING DEVELOPMENT, GENERAL DESIGN STANDARDS, SUBDIVISION REGULATION, .LAND USE REGULATIONS, WELL-FIELD PROTECTION, FLOOD PLAIN PROTECTION, STORM WATER MANAGEMENT, PROTECTION OF ENVIRONMENTALLY SENSITIVE LANDS, SIGN STANDARDS, CONSISTENCY AND CONCURRENCY AND FURTHER PROVIDING APPLICABILITY.; ENFORCEMENT; REPEAL OF ALL ORDINANCES OR -PARTS OF ORDINANCES IN CONFLICT-- HEREWITH; SEVERABILITY;. AND AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, sitting in regular session as follows : ARTICLE I FINDINGS: A. Chapter 163, Florida Statutes, requires each Florida local government to enact a unified Land Development Code which implements and is consistent with the Local Comprehensive Plan and which contains all land development regulations- for the local government ' s jurisdiction. . 11/ B. Regulating the location, design and construction of development within the City is necessary to maintain and improve the quality of life as more fully described below. C. A single set of administrative procedures for making all land use decisions promotes efficiency, consistency and citizen participation. D. All development proposals shall undergo a development review process to assure compliance with the requirements of this Code. E. Concept review allows developers to modify proposals in response to staff comments received early in the review process. F.- Review of comprehensive planning decisions should be independent of review of land development decisions to avoid ad . hoc planning on a site-by-site basis. G. Sign control and regulation lessens hazardous situations, confusion, and visual clutter caused by proliferation,- improper placement, illumination, animation, and . excessive height, area, and bulk of signs which compete for the 410RecordLand Return: to ®�IR. 1894 PG 0453 f City .C`l_erk',s ff Oice .` . ' ('5385 .8th Street Zephyrhill s, FL 3350: _J `i attention of pedestrian and vehicular traffic. H. Landscaping and buffering development with appropriate trees and vegetation promotes the health, safety, and welfare of the community to such an extent as to justify landscaping and buffering requirements. I . Well designed off-street parking and loading of vehicles promotes the public safety and welfare by reducing traffic congestion and promotes the safe and efficient storage, loading, and circulation of vehicles . J. Properly managed stormwater runoff decreases the incidence and severity of inundation. K. Degradation of ground and surface waters- results in economic costs to the community. L. Flooding is a natural, recurring phenomenon and may provide recharge to groundwaters and basic source of flow to surface waters. M. The unregulated development of flood-prone lands may adversely affect the health, safety, and welfare of the community. N. Protection of environmentally sensitive lands promotes the well being of the people of the City. 0. The recognition, protection, enhancement, and use of cultural and historical resources are public purposes promoting the economic, educational, cultural, and general welfare of the public by increasing property values, stabilizing neighborhoods, increasing economic benefits to the City and its inhabitants, enriching human life in its educational dimensions, and fostering civic pride. ARTICLE II INTENT: The provisions of this Land Development Code shall be construed and implemented to achieve the following intentions and purposes of the City Council of the City of Zephyrhills. A. To establish the regulations, procedures, and standards for review and approval of all proposed development in the City. O. R. 1894 PG 0454 B. To foster and preserve public health, safety, and welfare, and to aid in harmonious, orderly, and progressive development in accordance with the adopted 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. 3 . Equitably consistent in application of regulations and procedures . 4 . Equitable in the preservation of the rights of property. 5 . Equitable in the consideration of the interest of the public. D. To implement the City of Zephyrhills Comprehensive Plan. ARTICLE III RULES OF INTERPRETATION: A. 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 City holiday, that day shall be excluded. B. Delegation of Authority. Whenever a provision appears requiring a City official to do some act or perform some duty, it is to be construed to authorize delegation to an appropriate subordinate to perform the required act or duty unless the terms of the provision or section specify otherwise. C. Gender. - Words importing the masculine gender shall be construed to include the feminine and neuter. D. 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 0. R. 1894 PG 0456 to include any single person or thing. E. Shall, May. The word "shall" is mandatory; "may" is permissive. F. Written or In Writing. The term "written" or "in writing" shall be construed to include any representation of words, letters, or figures, whethefby" printing or otherwise. G. Day. The word "day" shall mean a calendar . day, unless a working day is indicated. H. 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 followingthe 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 . Natural features as described narratively. 5. Dimensions as provided numerically or narratively. I. More specific provisions of this Code shall be followed in lieu of more general provisions. ARTICLE IV INCORPORATION BY REFERENCE: A . document -entitled City of - Zephyrhills Land Development Code, originally adopted March 26 , 1990, is hereby adopted by reference. Each page of the referenced regulations shall_oe sequentially ;numbered and bear the surnames of the . City Manager and President of City Council and date of adoption by this Ordinance or subsequent amendment. 0. R. 1894 PG .0455 ARTICLE V APPLICABILITY: The provisions of this Code shall apply to all development in the incorporated area of the City of Zephyrhills. No development, as defined herein, shall be undertaken without prior authorization pursuant to this Code, except the following: • A.'? Previously Issued Development Orders; The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development order if: 1. All preliminary plans and/or site plans which have received official approval prior to June 20, 1989, are exempt from the requirements of both the Comprehensive Plan as well as concurrency requirements. If 25% of the construction plan is not submitted to the City within 1 year of the first preliminary plan approval, then plan approval becomes null and void and so is concurrency exemptions. 2 . All preliminary plans submitted following June 20, 1989, but received approval prior to January 1, 1990, must meet the Comprehensive Plan requirements, except concurrency requirements. If 25% of the construction plan is not submitted within 1 year of the first preliminary plan approval, the plan approved becomes null and void and so is the concurrency exemption. 3 . All plans submitted following January 1,1990, must meet the Comprehensive Plan consistency requirements and approval can be granted subject to meeting concurrency . requirements. No approval beyond construction plan approval can be granted unless concurrency requirements are met. B. Previously Approved Development Plans . Projects with unexpired development plans on which development activity is taking place at the- time this Code or an amendment thereto is adopted must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires, any further development on that 0. R. 1894 PG 0457 site shall occur only in conformance with the requirements of this Code or amendment thereto. • ARTICLE VI ENFORCEMENT: A. The City Manager shall be in charge of administration and enforcement of the Land Development Code and. shall issue -or cause to be issued notices of correction to any person in violation of this Ordinance. B. Any person who violates the provisions of this Ordinance, upon a finding of guilty by a Court of Jurisdiction, shall be subject to a fine of not more than $500. 00 or_ a: -term of imprisonment not to exceed .60 days. ARTICLE VII REPEAL OF CONFLICTING ORDINANCES AND/OR REGULATIONS OF THE CITY OF ZEPHYRHILLS: • All previously adopted Ordinances or regulations of the City of Zephyrhills conflicting with this Ordinance and/or referenced regulations and/or_ referenced zoning map are hereby repealed. ARTICLE VIII SEVERABILITY: If any section, subsection, paragraph, sentence, clause, . or phrase of this Code is for any reason held by any. Court df Competent Jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions "of this Code shall continue in full force and effect. ARTICLE IX EFFECTIVE DATE: This Ordinance shall be effective after its third reading and upon signing by the Mayor. The above and foregoing Ordinance No. . .519 was read and passed on its first reading in open and regular meeting on this 26th day of Febxuary , A.D. , 1990. , in Zephyrhills, Florida. • • 1894 PG 0458_ . , ORDINANCE NO: 519 f Oil/ f!„ Il i i � : LXrEN FARNHAM;" °r•„" '•ext- :f i� ( ity Council mab �// / ice" I'd AT:_E ,—i OANNE GOOD, City Clerk " -. :Th7e above and foregoing Ordinance No. 519 was read and pas.;,edt ori its cond reading in open and regular meeting on this 12thlldig,T : of''•March .. , A.D. , 1990, in Zephyrhills, Florida. //s z.i >>�!y�, � 0111( i4 . A .1X11 / 'IE' ,- N FARNHAM, President of c-; L City Counci :ATTER'- / ' ./."_? �� a /< JOANNE GOOD, City Clerk - r TFf6-:_above :�d foregoing Ordinance No. 519 was read and Cs - 1= ` - v a c.` ;pass{ej.- ,t-t-sS third reading in open and regular meeting on this 26th day of March , A.D. , 1990, in Zephyrhills, IFlorida. / _ .. 011111 A A A , v. / �- i•1 LL `AFAR ''AM, 'resi:ent of _ / City Council A TEF :— is,/j,; / 1 -i • ,,< aig... :GOOD, City Cler erg '4,1,-1e..-forego ng Ordinance No. 519 was approved by me on 0 , thi{4-9:'26th'; 4aay of :M'a rt'h_ , A.D. , 1990. 411601.111177 IlUeiddi 41";- . --p--, 2 `OB: 'T JOHNSN, r.yor 4 II ,c MITI, 74 • ' 0) RECORD VERIF,_►_ED r..., AN ,ci JED PITTMAN c.0 Wa6r ''"� Clerk Circuit C. rt,Pasco County ?`"1a ;.,,,.' Cs J t lµ -'�� f CO i ;n',' OD • I O. R. 1894 PG 0459