§ 62-504. Legal status.

(a)

After and from the effective date of the ordinance from which this article is derived, and all amendments thereto, all development undertaken by and all actions taken in regard to development orders of the board of county commissioners shall be consistent with the elements of the 1988 county comprehensive plan adopted in this article and as

(b)

The board of county commissioners shall be the sole authority for enacting or implementing the provisions of the comprehensive plan, unless otherwise delegated to a specific designee.

(c)

All land development regulations enacted or amended shall be consistent with the elements of the county comprehensive plan adopted by this article and as amended, and any land development regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan shall be amended so as to be consistent. During the interim period when the provisions of the adopted plan and the land development regulations are inconsistent, the provisions of the adopted comprehensive plan shall govern any action taken in regard to an application for a development order. From the effective date of the ordinance from which this article is derived, no land development regulations, land development code or amendment thereto shall be adopted by the board of county commissioners until such regulation, code or amendment has been referred to the local planning agency for review and recommendation as to the relationship of such proposal to the 1988 comprehensive plan. The recommendation of the local planning agency shall be made within a reasonable time, but no later than two months after the proposal is referred to the agency. If no recommendation is made within the time limitation provided, the board of county commissioners may then act on the adoption of the proposal. If the board of county commissioners receives a recommendation from the agency at any time prior to the expiration of the two-month period, the board of county commissioners may take action on the recommendation.

(d)

For purposes of this section, the terms "land development regulations" and "regulations for the development of land" shall include zoning regulations, subdivision regulations, building and construction regulations, or other regulations controlling the development of land within the unincorporated areas of the county.

(e)

It is the specific intent of this article that the 1988 county comprehensive plan and subsequent amendments shall have the legal status set forth in F.S. § 163.3194, as amended. No public or private development of land within the unincorporated areas of the county shall be permitted, except in conformity with the elements of the 1988 county comprehensive plan adopted in this article.

(f)

The adoption of this article and any amendment thereto shall not affect the continued processing of, or the ability to approve, development permit applications for property being developed pursuant to:

(1)

Article VIII of this chapter, applying to site development plans, and article VII of this chapter, applying to the subdivision of land, where such site development plan applications or subdivision plat and associated engineering plans are complete and have been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter;

(2)

Article VI, division 4, subdivision V, of this chapter, applying to planned unit development phases, where a phase's final development plan is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendments thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter; or

(3)

Chapter 22, applying to the construction of buildings, where a construction building permit application is complete and has been submitted or approved, and all applicable fees paid, on or before the effective date of the ordinance from which this article is derived or any amendment thereto, provided that when work or activities are authorized they are pursued in the timely manner required by this chapter.

(Code 1979, § 14-63)

State law reference

Legal status of comprehensive plan, F.S. § 163.3194.