BEFORE THE BOARD OF COMMISSIONERS OF MARTIN COUNTY ORDINANCE NUMBER 541

Transcription

1 BEFORE THE BOARD OF COMMISSIONERS OF MARTIN COUNTY ORDINANCE NUMBER 541 AN ORDINANCE ADOPTING ARTICLE 1: GENERAL PROVISIONS OF THE MARTIN COUNTY LAND DEVEL- OPMENT REGULATIONS; PROVIDING FOR TITLE, AUTHORITY, PURPOSE AND INTENT, APPLICABILITY, RULES OF INTERPRETATION, EFFECTIVE DATE, SEVERABILITY, AND MINIMUM REQUIREMENTS; PROVIDING FOR CONFLICTING PROVISIONS, SEVER- ABILITY, AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners has adopted the Martin County Comprehensive Growth Management Plan within which are included goals, objectives and policies related to the adoption of land development regulations; and WHEREAS, Section , Florida Statutes, requires the adoption of land development regulations which are consistent with and implement the Comprehensive Growth Management Plan; and WHEREAS, the Board of County Commissioners has directed that general provisions be incorporated into Article 1; and WHEREAS, the proposed Article 1 has received public hearings before the Local Planning Agency and the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART 1: ADOPTION OF ARTICLE 1 GENERAL PROVISIONS OF THE MARTIN COUNTY LAND DEVELOPMENT REGULATIONS Article 1 is hereby adopted to read as follows: (remainder of page intentionally left blank) Page i

2 Section 1.1: Title ARTICLE 1: GENERAL PROVISIONS Section 1.0. Table of Contents Section 1.1. Title Section 1.2. Authority Section 1.3. Purpose and Intent Section 1.4. Applicability A. General applicability B. Exception Section 1.5 Rules of Interpretation A. Generally B. Computation of time C. Delegation of authority Section 1.6 Effective Date Section 1.7 Severability Section 1.8 Minimum Requirements Page 1

3 Section 1.0: Table of Contents Section 1.1. Title This code shall be entitled the "" and may also be referred to as and cited as the "Land Development Regulations" or the "LDR". Section 1.2. Authority The Land Development Regulations are enacted pursuant to the requirements and authority of the Local Government Comprehensive Planning and Land Development Regulation Act, specifically Section , Florida Statutes; Section , Florida Statutes; and Article VIII of the Florida Constitution. Section 1.3. Purpose and Intent The Land Development Regulations have been adopted to implement the goals, policies and objectives of the Martin County Comprehensive Growth Management Plan and to insure that the use and development of land in the unincorporated area of Martin County is consistent with the Martin County Comprehensive Growth Management Plan. The Land Development Regulations establish the regulations and procedures governing the use and development of land for the purpose of protecting natural and man-made resources and maintaining, through orderly growth and development, the character, stability and quality of life of present and future community residents. Section 1.4. Applicability A. General applicability. The provisions of the Land Development Regulations shall apply to all development and land use activities within the unincorporated area of Martin County. Existing structures and uses that are inconsistent with the provisions of the Land Development Regulations shall be permitted only as provided for in Article 9, Nonconformities. All development and land use applications filed after the effective date of the Land Development Regulations shall be required to comply with the provisions of the Land Development Regulations. B. Exception. The provisions of the Land Development Regulations and any amendments hereto shall not affect the validity of any development order lawfully issued prior to the effective date of an applicable provision of the Land Development Regulations provided that the development order remains valid. In the event that a development order becomes invalid through expiration, revocation or lack of compliance with conditions of approval or timetable requirements, any further development on the site shall occur only in conformance with the requirements of the Land Development Regulations. Page 2

4 Section 1.5: Rules of Interpretation Section 1.5 Rules of Interpretation A. Generally. The Land Development Regulations shall be interpreted and administered to achieve consistency with the overall goals, policies, and objectives of the Comprehensive Growth Management Plan as interpreted by the Board of County Commissioners. The Land Development Regulations shall be construed liberally to effect the purposes thereof, and the rules of this Section shall be observed except when the context clearly requires otherwise. 1. Words used or defined in one tense or form shall include other tenses or derivative forms. 2. Words in the singular shall include the plural and words in the plural shall include the singular. 3. The masculine gender shall include the feminine and the feminine shall include the masculine. 4. The particular shall control the general. 5. The words "should" or "shall" or "will" are mandatory. 6. The word "may" is permissive. 7. In the event of a conflict between the text of the Land Development Regulations and any caption, illustration, table, map, graph or chart, the text shall control. 8. The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character. 9. The word "erected" also includes constructed, reconstructed, altered, placed, or relocated. 10. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows: a. "And" indicates that all the connected terms, conditions, provisions or events shall apply. b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination. Page 3

5 Section 1.5: Rules of Interpretation c. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination. 11. Words or phrases shall be construed according to their customary meaning unless defined in the Land Development Regulations. 12. The terms "written" or "in writing" shall be construed to include any representation of words, letters, diagrams or figures, whether by printing or otherwise. 13. The word "person" includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. 14. Any reference to laws, ordinances, codes, or other regulations shall include any future amendment to such laws, ordinances or regulations. B. Computation of time. In computing any period of time prescribed by the Land Development Regulations, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day shall be included unless it is a Saturday, Sunday, or holiday recognized by Martin County, in which case the period shall run until the end of the next day that is not a Saturday, Sunday or holiday recognized by Martin County. Unless specified otherwise, a "day" shall be a calendar day. C. Delegation of authority. When a provision requires a department head or some other County officer or employee to do some act or perform some duty, the provision shall be construed to authorize the County Administrator to delegate to another qualified County officer or employee the performance of the required act or duty unless the terms of the provision specify otherwise. When a provision requires the County Administrator to do some act or perform some duty, the provision shall be construed to authorize the Board of County Commissioners to delegate to another qualified County officer or employee the performance of the required act or duty unless the terms of the provision specify otherwise. Section 1.6 Effective Date Provisions of the Land Development Regulations shall become effective as specified within the ordinance adopting the subject provision. When any provision of the Land Development Regulations is amended, the effective date of the amendment shall control for the purposes of deciding any question related to such amendment. Section 1.7 Severability Page 4

6 Section 1.0: Effective Date If any portion of the Land Development Regulations is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of the Land Development Regulations. If the Land Development Regulations or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Section 1.8 Minimum Requirements The provisions of the Land Development Regulations are the minimum requirements necessary to accomplish the purposes of the Land Development Regulations. Page 5

7 Ordinance PART II: CONFLICTING PROVISIONS. To the extent that this Ordinance conflicts with the requirements of any other provision of the or the Code of Laws and Ordinances of Martin County, the more restrictive requirement shall govern. PART III: SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstance, such holding shall not affect its applicability to any other person, property or circumstance. PART IV: APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout the unincorporated area of Martin County. PART V: FILING WITH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this Ordinance to the Department of State, Bureau of Administrative Codes, The Elliot Building, 401 S. Monroe Street, Tallahassee, Florida PART VI: EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART VII CODIFICATION. Provisions of this Ordinance shall be incorporated into the Martin County Land Development Regulations and the word Ordinance may be changed to Section, Article or other word, and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts II through VII shall not be codified. Page ii

8 Ordinance PASSED AND DULY ADOPTED THIS DAY OF, ATTEST: BOARD OF COUNTY COMMISSIONERS, MARTIN COUNTY, FLORIDA MARSHA STILLER, CLERK JANET K. GETTIG CLERK OF THE CIRCUIT COURT CHAIR APPROVED AS TO FORM AND CORRECTNESS: GARY K. OLDEHOFF COUNTY ATTORNEY Page iii