§ 23-105. Applicability.

Sec. 23-105.1 General applicability. Except as provided in subsection 23-105.2, the provisions of the land development regulations shall apply to all development within the City of Lake Wales, Florida. No development shall be undertaken without prior approval and the issuance of the appropriate development order or permit pursuant to the appropriate and applicable provisions of the land development regulations, except as expressly provided herein.

Sec. 23-105.2 Exceptions.

a. The provisions of the land development regulations shall not affect development which has been previously approved for projects with development plans that have not expired at the time of the adoption of the land development regulations and on which development activity has commenced or will commence and proceed in accordance with the time limits, conditions or terms set forth in the regulations under which that development was originally approved. Such excepted development must meet only the requirements of the regulations in effect when the development was approved. However, if the development plan, permit or order expires or is otherwise invalidated, any further development on the site involved shall occur only in conformance with the requirements of these land development regulations.

b. The provisions of the land development regulations shall not affect development for which a building permit has been issued on or before the effective date of this ordinance, provided that such building permit was lawfully issued and remains in full force and effect and provided that such development activity as authorized has been commenced or will commence within six (6) months of the effective date of the land development regulations. This exception shall apply to development activity so long as such activity continues without interruption until the development is completed. However, if the building permit expires, any further development on that site shall occur only in conformance with the requirements of these land development regulations.

c. The provisions of these land development regulations relating to concurrency management shall not be applicable to a development order or permit for any single-family residential unit if such single-family residential unit is the only development to be undertaken or constructed by the owner of and upon a legal lot of record.

d. Utility installations, development by a government entity or public utility, development of railroad facilities and development of public schools shall be governed or regulated by these land development regulations except where specifically exempt as provided by general law or these land use regulations.

Sec. 23-105.3 Development review. Development review which is not subject to these land development regulations pursuant to the provisions of subsections 23-105.2a. and b. shall be reviewed and approved in accordance with the land development regulations that were applicable and in effect immediately prior to the adoption of these land development regulations.

Sec. 23-105.4 Abrogation. These land development regulations are not intended to abrogate, repeal or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of Polk County applying to, or lying within, the City of Lake Wales. Furthermore, these land development regulations are not intended to repeal any lawful approval given prior to the effective date of these land development regulations by official city action as it relates to any planned development project, special exception, variance or subdivision.