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163.3202 Land
development regulations.-- (1) Within 1
year after submission of its revised comprehensive plan for review pursuant
to s. 163.3167(2), each county and
each municipality shall adopt or amend and enforce land development
regulations that are consistent with and implement their adopted
comprehensive plan. (2) Local
land development regulations shall contain specific and detailed provisions
necessary or desirable to implement the adopted comprehensive plan and shall
as a minimum: (a) Regulate
the subdivision of land. (b) Regulate
the use of land and water for those land use categories included in the land
use element and ensure the compatibility of adjacent uses and provide for
open space. (c) Provide
for protection of potable water wellfields. (d) Regulate
areas subject to seasonal and periodic flooding and provide for drainage and
stormwater management. (e) Ensure
the protection of environmentally sensitive lands designated in the
comprehensive plan. (f) Regulate
signage. (g) Provide
that public facilities and services meet or exceed the standards established
in the capital improvements element required by s. 163.3177 and are available when
needed for the development, or that development orders and permits are
conditioned on the availability of these public facilities and services
necessary to serve the proposed development. Not later than 1 year after its
due date established by the state land planning agency's rule for submission
of local comprehensive plans pursuant to s. 163.3167(2), a local government
shall not issue a development order or permit which results in a reduction in
the level of services for the affected public facilities below the level of
services provided in the comprehensive plan of the local government. (h) Ensure
safe and convenient onsite traffic flow, considering needed vehicle parking. (i) Maintain
the existing density of residential properties or recreational vehicle parks
if the properties are intended for residential use and are located in the
unincorporated areas that have sufficient infrastructure, as determined by a
local governing authority, and are not located within a coastal high-hazard
area under s. 163.3178. (3) This
section shall be construed to encourage the use of innovative land
development regulations which include provisions such as transfer of
development rights, incentive and inclusionary zoning, planned-unit
development, impact fees, and performance zoning. These and all other such
regulations shall be combined and compiled into a single land development
code for the jurisdiction. A general zoning code shall not be required if a
local government's adopted land development regulations meet the requirements
of this section. (4) The
state land planning agency may require a local government to submit one or
more land development regulations if it has reasonable grounds to believe
that a local government has totally failed to adopt any one or more of the
land development regulations required by this section. Once the state land
planning agency determines after review and consultation with local
government whether the local government has adopted regulations required by
this section, the state land planning agency shall notify the local
government in writing within 30 calendar days after receipt of the
regulations from the local government. If the state land planning agency
determines that the local government has failed to adopt regulations required
by this section, it may institute an action in circuit court to require
adoption of these regulations. This action shall not review compliance of
adopted regulations with this section or consistency with locally adopted
plans. (5) The
state land planning agency shall adopt rules for review and schedules for
adoption of land development regulations. History.--s. 14, ch. 85-55; s. 12, ch.
86-191; s. 14, ch. 93-206; s. 7, ch. 95-322; s. 6, ch. 96-416; s. 5, ch.
98-146; s. 20, ch. 2009-96. |