UNIFIED LAND DEVELOPMENT CODE
____________ HARDEE COUNTY
FLORIDA____________
Published by Order of the Board of County Commissioners, 2008
____________
Adopted June 21, 2007
____________
OFFICIALS
of
HARDEE COUNTY, FLORIDA
AT THE TIME OF THIS PUBLICATION
____________
Robert R. Smith, Jr., Chair
Minor Bryant, Vice Chair
Clifton N. Timmerman
Gordon R. Norris
Dale Johnson
County Commission
____________
Lexton H. Albritton, Jr.
County Manager
____________
Nicholas Staszko
Director, Planning and Development
____________
Kenneth B. Evers
County Attorney
____________
CURRENT OFFICIALS
of
HARDEE COUNTY, FLORIDA
____________
Minor Bryant, District I
Sue Birge, District II
Terry Atchley, District III
Grady Johnson, District IV
Dale Johnson, District V
County Commission
____________
Lexton H. Albritton, Jr.
County Manager
____________
Kevin Denny
Director, Planning and Development
____________
Kenneth B. Evers
County Attorney
____________
PREFACE
This volume contains the Unified Land Development Code of Hardee County, Florida, adopted June 21, 2007.
The Unified Land Development Code has been printed as submitted by the County. Obvious misspellings and punctuation errors have been corrected without notation. Words or phrases added by the editor for purposes of clarification are enclosed in brackets.
Amendatory Legislation
A feature of this publication that will be particularly useful is the Table of Amendments located at the back of this volume. Any amendatory legislation may be located therein by number and date of enactment, and the sections or subsections amended will be listed. In addition, the sources of any amendments to a section are listed in a parenthetical history note following the amended section. The absence of such a note indicates that the section is derived unamended from the land development code as originally submitted for publication.
Page Numbering System
The page numbering system used in this publication is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of an article of the land development code, the number to the left of the colon indicates the number of the article. In the case of an appendix to the code, the letter immediately to the left of the colon indicates the letter of the appendix.
LAND DEVELOPMENT CODE LDC1:1 LAND DEVELOPMENT CODE APPENDIX LDCA:1 TABLE OF AMENDMENTS TA:1 LAND DEVELOPMENT CODE INDEX LDCi:1 Index
As part of the publication project, a comprehensive index was prepared. Each particular subject has been placed under several headings, some couched in lay phraseology and others in legal terminology. There are numerous cross references within the index which stand as guideposts to direct the user to the particular item in which he is interested.
Looseleaf Supplements
Another special feature of this volume is the supplemental service, by which the publication will be periodically kept up to date. Upon the final passage of amendments, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication with instructions for the manner of inserting the pages and deleting the obsolete pages. The instruction sheet for the most current supplement should be placed in the front of the volume, and it is recommended that deleted pages be saved and filed for historical reference.
Acknowledgments
This volume is presented for the use and benefit of the citizens of Hardee County. This publication was under the direct supervision of Linda Davis, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publishers would also like to extend their sincere appreciation to Nicholas Stazko, Planning Director, for his cooperation and assistance throughout the publication of the volume.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida 2008
HARDEE COUNTY, FLORIDA
ORDINANCE NO. 2007-11
AN ORDINANCE OF HARDEE COUNTY, FLORIDA, ADOPTING THE LAND DEVELOPMENT CODE CONSISTENT WITH AND IMPLEMENTING THE HARDEE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR REGULATIONS FOR SPECIFIC DISTRICTS; PROVIDING FOR DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS; PROVIDING FOR THE REGULATION OF SIGNS; PROVIDING FOR RESOURCE PROTECTION STANDARDS; PROVIDING FOR PUBLIC FACILITY MONITORING AND PERMITTING; PROVIDING FOR A PROCESS FOR DEVELOPMENT APPROVAL; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPENDICIES; REPEALING ORDINANCE NO. 96-02 AND ANY AMENDMENTS THERETO; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapters 125 and 163, Florida Statutes, empower and mandate the Board of County Commissioners of Hardee County, Florida, hereinafter referred to as the "Board", to prepare and enforce land development regulations that are consistent with and implement the Hardee County Comprehensive Plan; and
WHEREAS, pursuant to and consistent with the requirements of Section 125.66, Florida Statutes, the Board complied with notice and public hearing requirements; and
WHEREAS, the Board has considered all written and oral comments received during such public hearings; and
WHEREAS, in exercise of its authority, the Board has deemed it necessary to adopt the Land Development Code to insure that that the local land development regulations are consistent with the Hardee County Comprehensive Plan and are in full compliance with the laws of Florida; to encourage the most appropriate use of land, water and resources consistent with the public interest; and to deal effectively with future growth and development of land in Hardee County.
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Hardee County, Florida, as follows:
SECTION 1. This Ordinance is enacted to adopt the Hardee County Land Development Code, as set forth in Exhibit 1, attached, to carry out the purpose and intent of, and exercise the authority set out in, The Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes, and Chapter 125, Florida Statutes, as amended.
SECTION 2. The standards and regulations contained in this Land Development Code shall be reasonably applied where they are economically and environmentally feasible, not contrary to the public interest, and consistent with the protection of private property rights. This Land Development Code shall not be applied in a manner which would cause a regulatory taking of property within the meaning of the State Constitution or the United States Constitution. This Land Development Code shall be construed and applied as a whole, and no specific standard or regulation shall be construed or applied in isolation from the other standards and regulations of this Land Development Code.
SECTION 3. A certified copy of the Land Development Code shall be located in the Office of the Planning and Development Division. The Planning and Development Division shall also make copies available to the public for a reasonable charge.
SECTION 4. In the event that any portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. This Ordinance shall be effective immediately upon adoption in accordance with law.
PASSED AND DULY ADOPTED in regular session, by the BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA, this 21st day of June, 2007.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA By: _____ Bobby Ray Smith Chairman ATTEST: _____ B. Hugh Bradley Ex-Officio Clerk to the Board