§ 101-4. Applicability.

(a)

Generally. The provisions of this Land Development Code shall apply to the unincorporated areas of the county. All development of whatever type and character, whether permitted as of right or as a conditional use, shall comply with the development standards and the environmental design criteria set forth the Comprehensive Plan and the Land Development Code. No development shall be undertaken without prior approval and issuance of a development permit under the provisions of this Land Development Code and other applicable laws and regulations.

(b)

Exception.  

(1)

The provisions of this Land Development Code and any amendments hereto shall not affect the validity of any previously and lawfully issued and effective building permit, provided that construction authorized by such permit has been commenced prior to the effective date of any amending ordinance from, and provided that construction continues without interruption until development is complete. In the event a building permit expires, then all further development shall be permitted in conformance with the requirements of the comprehensive plan and the Land Development Code.

(2)

Notwithstanding the provisions of the Monroe County Comprehensive Plan, an applicant for a development agreement, conditional use permit, variance and/or an appellant seeking review of an administrative decision that is pending on the date of adoption of any ordinance amending the text of this Land Development Code in a manner affecting the administrative decision shall be entitled to have his or her application or appeal considered pursuant to the regulations in effect immediately prior to the date of adoption of the ordinance amending the text of this Land Development Code in a manner affecting the administrative decision.

(3)

Notwithstanding the provisions of the Monroe County Comprehensive Plan and this chapter, the holder of a final major development approval under the provisions of section 6-221 et seq. of the Monroe County Code now repealed and an applicant for major development approval, that was pending as of December 12, 1985, shall be entitled to the following rights:

a.

The holder of a final major development approval granted prior to the effective date of the Monroe County Comprehensive Plan and the ordinance from which this chapter is derived shall be entitled to develop pursuant to the approved final major development approval, provided that construction is commenced within 12 months of the date the final major development approval was granted; in the event a major development was approved for more than one phase, only those phases for which construction was or is commenced within 12 months of the date the final major development approval was granted shall be entitled to be developed pursuant to this exemption; and

b.

The applicant for a major development approval pending on December 12, 1985, shall be entitled to have his application considered for approval pursuant to the comprehensive plan and regulations in effect immediately prior to the effective date of the Monroe County Comprehensive Plan and the ordinance from which this chapter is derived, and if the approval is granted shall be entitled to develop pursuant to the approved final major development approval, provided that construction is commenced within 12 months of the date the final major development approval was granted. In the event a major development was approved for more than one phase, only those phases for which construction was or is commenced within 12 months of the date the final major development approval was granted shall be entitled to be developed pursuant to this exemption. With respect to major development in planning areas 41 and 43, the 12-month period for the commencement of construction, referred to in this subsection, shall not commence until August 1, 1988; however, should the proposed habitat conservation plan affecting these planning areas not be accepted by the board of county commissioners, the commencement date shall begin on the date the board rejects the concept of the habitat conservation plan. The planning commission shall continue after the effective date of the land development regulations for the exclusive purpose of considering such pending applications.

(4)

Except as otherwise provided, all applications for development approval filed after the date of adoption of any ordinance amending the Comprehensive Plan or this Land Development Code shall be considered for approval under the comprehensive plan policies and regulations in effect at the time at which the application was found complete.

(c)

Existing uses prior to September 15, 1986. All land uses existing on September 15, 1986 which are permitted as a conditional use under the terms of this Land Development Code but were not granted conditional use permit prior to the requirement shall be deemed to have a conditional use permit.

(d)

Vacation rental use. Previous vacation rental uses shall be discontinued in any district that prohibits vacation rental uses, after the effective date of the ordinance from which this section is derived. All vacation rental uses shall obtain annual special rental permits regardless of when the use was first established.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)