§ 15-495. Applicability.

(a)

Except as otherwise provided herein, all development within the Wekiva River protection area shall comply with and shall be accomplished in accordance with the requirements of this article.

(b)

Except as otherwise provided herein, this article and the provisions of this article shall apply to all development and applications for development permits (as the term "development" is defined by F.S. § 380.04, as may be amended or replaced from time to time, and the term "development permit" is defined by F.S. § 163.3164(7), as may be amended from time to time, relating to property located within the Wekiva River protection area).

(c)

The provisions of this article shall not be applicable to the following projects or properties if the below listed approval was issued prior to April 5, 1989:

(1)

Developments of regional impact that have received a final development order issued pursuant to F.S. § 380.06, which development order has not expired and is in good standing;

(2)

Platted lots resulting from approved plats lawfully recorded and approved under the provisions of the land development regulations of the county that have infrastructure improvements or structures constructed in accordance with county regulations;

(3)

Projects that have received an unexpired county approved site plan, an unexpired county approved preliminary subdivision plan or an unexpired waiver to subdivision requirements on or before the effective date of Ordinance No. 91-29 and have lawfully commenced and are proceeding in good faith in the development approval process in accordance with the land development regulations of the county.

(d)

Existing lawful uses of property, buildings and structures shall not be required to be removed or otherwise modified as a result of the standards or requirements set forth in this article. The destruction or temporary discontinuation of any such lawful uses, building or structure shall not prohibit the renewed use or reconstruction of the building or structure, but only in its preexisting form and in accordance with the land development regulations. The burden shall be on the property owner to demonstrate that existing land uses, buildings and structures qualify as preexisting conditions.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91)