Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023)
 Code of Ordinances
 Chapter 23. Zoning, Land Use And Development Regulation   
 Article I. General Provisions
  

Article I. General Provisions  

§ 23-101. Title.
Latest version.

This ordinance is a compilation of the zoning, land use and development regulations for the city and shall be entitled "The City of Lake Wales Zoning, Land Use and Development Regulations" and is referred to herein as the "land development regulations."
§ 23-102. Authority.
Latest version.

This ordinance enacting the City of Lake Wales Land Development Regulations is adopted pursuant to the authority of Article VII, Section 2(b), Florida Constitution, the "Municipal Home Rule Powers Act," F.S. § 166.021, et al and the "Local Government Comprehensive Planning and Land Development Regulation Act," F.S. § 163.3202.
§ 23-103. Purpose and intent.
Latest version.

The city has adopted these land development regulations to implement the city's comprehensive plan through the establishment of certain regulations, procedures and standards for reviewing and approving all development orders, permits and all development and use of land within the incorporated area of the City of Lake Wales. This ordinance is enacted in order to protect and preserve the public health, safety, and general welfare and to assist in the orderly and controlled growth and development of the city. It is the further intent of this ordinance that the city's land development regulations offer and establish an efficient, effective and equitable regulatory and procedural code relating to the development of the city while adequately respecting and protecting the rights and interests of the citizens of the City of Lake Wales.
§ 23-104. Findings of fact.
Latest version.

a. The Local Government Comprehensive Planning and Land Development Regulation Act of 1985, F.S. ch. 163, requires the City of Lake Wales to enact land development regulations which are consistent with the city's comprehensive plan to implement that plan and control and provide for development within the City of Lake Wales. The land development regulations contain specific and detailed provisions that are necessary and desirable to implement the adopted comprehensive plan and are consistent with that plan.

b. The control of the location, design and construction of development within the City of Lake Wales is necessary in order to protect the public health, safety and welfare and to maintain and continue the existing quality of life within the City of Lake Wales. The land development regulations accomplish that mandate.

c. This ordinance establishing and adopting the City of Lake Wales Land Development Regulations was enacted pursuant to the provisions of F.S. § 166.041(1)(c), and F.S. ch. 163, as applicable.
§ 23-105. Applicability.
Latest version.

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.
§ 23-106. Repeal of conflicting local laws.
Latest version.

Any and all other city ordinances, resolutions, general laws, codes or any part thereof, which conflict with any provision or provisions of this ordinance are hereby repealed.
§ 23-107. Interpretation.
Latest version.

The provisions of these regulations shall be held to be the minimum requirements adopted to promote the public health, safety and welfare and to implement the comprehensive plan of the city.
§ 23-108. Authority to enter property in performance of duties.
Latest version.

Any person acting under the direction of the city manager in the performance of functions and duties pursuant to these regulations shall be authorized to enter upon any land and make inspections, examinations, and surveys as necessary in its administration and enforcement, subject to the limitations set forth in Florida Statutes.
§ 23-109. Penalties for violation.
Latest version.

a. Any person, corporation, partnership or other legal entity under Florida Law, whether owner, lessee, principal, agent, employee, or otherwise who violates any provision of these land development regulations, permits any such violation, fails to comply with any of the provisions or requirements hereof, including any conditions, stipulations, or safeguards attached to any permit, approval for land use and development, variance or other final authorization or approval hereunder; or who erects, constructs or reconstructs any building or structure, or uses any land in violation of these land development regulations, or any written statement or plan submitted by such person and approved pursuant hereto, shall be in violation of these land development regulations, and upon conviction, shall be deemed guilty of a misdemeanor and shall be subject to a fine not exceeding five hundred dollars ($500.00) for each day that a violation exists, or by imprisonment for a period not exceeding sixty (60) days, or both.

b. Each and every person who commits, participates in, assists in, or maintains any such violation may individually be found guilty of a separate offense and for each day after the first fifteen (15) days that a violation continues to exist, such date shall constitute an additional and separate offense.

c. Nothing contained herein shall prohibit, exclude or prevent the city from utilizing or undertaking any other enforcement mechanism or procedure that may be available to municipalities for the enforcement of ordinances as provided for by law, including the filing of civil litigation and the obtaining of injunctive relief.
§ 23-110. Severability.
Latest version.

If any section, subsection, paragraph, sentence, clause or phrase of these Land development regulations is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of these regulations shall continue in full force and effect, it being the intent of the city commission to have adopted these regulations without such unconstitutional or invalid section, subsection, paragraph, sentence, clause or phrase.