(A) General applicability. Unless otherwise permitted as an exception under division (C) below or allowed to continue as a nonconforming use, all existing, proposed and new development and uses of land in the city shall conform strictly to the provisions of this Code. Except as expressly provided in this Code, no development or use of land shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of this LDC. The fact that a development order, permit or decision has been issued by an officer or employee with ostensible authority over the interpretation or enforcement of this Code shall not stop or otherwise prevent the city from strict enforcement of the provisions of this Code. If provisions of this LDC are inconsistent with one another, or with provisions of other adopted codes or ordinances of the city, or with provisions of applicable county, state, and federal laws, the more restrictive provision shall govern to the extent permitted by law unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions, or more stringent controls.
(B) Annexation agreements. Nothing in this LDC is intended to supersede, annul, or interfere with any rights, covenant, or other agreements provided for in any currently effective annexation agreement between the city and any private parties, but such annexation agreements shall not excuse any failure to comply with any applicable provisions of this LDC.
(C) Exceptions.
(1) The provisions of this LDC and any amendments hereto, shall not affect existing development which has been previously approved and is otherwise exempted in accordance with the provisions of this division, or the nonconformity section of this Code.
(2) The provisions of this LDC shall not affect development, or portions thereof, which has gained a vested right to complete development pursuant to Florida law, prior to the effective date of this Code. Upon completion of such vested development, or portions thereof, each non-vested and vested development project with regard to future development expansion or redevelopment will be subject to the then currently effective provisions of this Code. If a vested right expires, is revoked, or otherwise becomes invalid, any subsequent development of the site shall be subject to the procedures and standards of this Code.
(3) Notwithstanding anything to the contrary in this Code, properties zoned prior to the effective date of this Code shall be permitted to complete development of the portion(s) of the project having a valid and current master site plan that includes specific land development standards adopted by the City Commission. If no such master site plan exists, or such plan has expired, such development shall conform to the provisions of this Code.
(4) A development application accepted as complete under the prior regulations, but still pending a final decision as of the effective date of this Code, shall be reviewed and decided, at the applicant's option as stated in writing, wholly under the development regulations in effect when the application was accepted, or wholly under this Code (but not under a mix of provisions from both sets of regulations).
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)