§ C. Plan format and administration.

C.1.

Plan format.

C.1.1.

Plan Chapters/Elements. The General Introduction and Definitions sections do not utilize the goal/objective/policy format used in the Plan's elements. These portions of the Plan, however, shall be considered of equal importance as the Plan's elements, and are also part of this ordinance, containing requirements for plan administration and other mandatory provisions.

C.1.2.

Element format.

C.1.2.1.

Goals, objectives, and policies. Each element contains one or more goals, lists objectives to be achieved in order to reach the associated goal, and identifies policies which act as the enforceable requirements of the comprehensive plan directed toward achievement of the associated objective.

The objectives serve as benchmarks against which the effectiveness (or lack thereof) of the policies for eventual achievement of the goal can be established. Required periodic monitoring and evaluation of the successes or failures experienced in achieving this Plan's objectives shall be conducted. The results of this monitoring and evaluation shall then be utilized to adjust Plan policies as necessary to ensure continuing success, or correct apparent failures, in achieving goals.

Objectives in this Comprehensive Plan are often measurable. However, where establishing the adoption of a measurable objective would require the selection of an arbitrary time frame or other measurable parameter, it is the position of Manatee County that arbitrary adjustment of Plan policies may result, and subject otherwise defensible objectives and policies to challenge.

Goals, objectives, and policies are not listed in this Comprehensive Plan in order of importance. All policies are to be considered equally important, except where conflict between two (2) or more policies arises in the course of simultaneously applying those conflicting policies to a specific set of circumstances (see also C.2 Plan Administration).

Where cross-references to other Plan policies, objectives, or goals are identified in a policy, objective, or goal, such cross-references shall be considered advisory, and are not necessarily inclusive of all other pertinent or interrelated Plan revisions.

C.1.2.2.

Implementation mechanisms. In order to ensure that the policies in this Comprehensive Plan are properly and consistently applied to the review of proposed development, and to the evaluation of proposed public sector actions, the majority of policies in this Comprehensive Plan are assigned one (1) or more implementation mechanisms.

This Plan's implementation mechanisms are very specific as to the "whos," "hows," and "whens" of Plan implementation to ensure consistency and effectiveness of Plan implementation. However, it is not the intent of the County to include regulations in the Comprehensive Plan. Implementation mechanisms shall be afforded a special status under this Comprehensive Plan, as follows:

• They are advisory to, and are not legally binding on, other local governments, and other departments, agencies, or special districts mentioned. However, Manatee County shall encourage other agencies, departments, and special districts to assist in the effective use of plan policies by cooperation as described in the implementation mechanisms.

• Implementation mechanisms are provided by way of example, and are not all-inclusive.

• Where the development of appropriate land development regulations pursuant to § 163.3202, F.S., is not specified as an implementation mechanism for any policy, nothing shall preclude the use of these land development regulations to implement that policy.

• Where the practices currently being utilized to implement a policy are not specified in the associated implementation mechanism section, an effort shall be made to periodically amend the comprehensive plan's outdated or inappropriate implementation mechanisms in the text of this Comprehensive Plan, so as to maintain an accurate record of procedures being used to effectuate policy compliance.

• Change in implementation mechanism shall require a plan amendment as described under § 163.3187, F.S. Changes to the Comprehensive Plan text to recognize changes in these implementation mechanisms shall be periodically accomplished by local ordinance, so as to keep the plan current.

• Where an implementation mechanism identifies a specific County Department as being responsible for policy implementation, this responsibility shall be construed as Manatee County's responsibility, and any reassignment of this responsibility to another County Department shall be considered consistent with the provision of the Implementation Mechanism.

C.1.2.3.

Consistency with the Comprehensive Plan. The comprehensive plan is to be implemented, in part by the adoption and enforcement of land development regulations which are consistent with this comprehensive plan. Consistency with this plan shall be determined based upon the following:

• Land development regulations are consistent with the comprehensive plan if they are compatible with and further the objectives, policies, densities, intensities, and land uses in this comprehensive plan, and if they meet all other criteria enumerated by the County.

• Such land development regulations may provide for appropriate variance procedures to permit exceptions from certain minimum dimensional standards (such as setbacks, buffers, minimum lot sizes, and minimum open space requirements), to avoid unique hardships running with the land that are not self-imposed, and to avoid the taking of private property without due process of law and just compensation, pursuant to § 163.3194(4)(a) and (b), F.S. Such variances shall be the minimum variance necessary that will allow a reasonable use of the property and shall not allow the establishment or expansion of a use, density or intensity which is not allowed for the Future Land Use Element category for the subject property. Such variance procedures shall require public hearings and ensure that minimum due process requirements are met.

• This comprehensive plan is not to be interpreted in such a way as to result in taking of private property without just compensation and due process of law.

• Once land development regulations, developed pursuant to § 163.3202, F.S., are adopted and made effective, all development orders shall be issued pursuant to those land development regulations.

C.1.3.

Technical support document (TSD).

C.1.3.1.

Status and use of the TSD. The TSD, published simultaneously with this Comprehensive Plan is hereby referenced and established as the supporting data and analysis for this Comprehensive Plan. The TSD shall be utilized, where appropriate, to assist in the review of proposed changes to this Comprehensive Plan and should be updated as necessary to facilitate the continuing use of this supporting data and analysis.

The TSD shall not be considered a part of this ordinance and shall not require amendment pursuant to § 163.3187, F.S.

C.2.

Plan administration.

C.2.1.

Plan Interpretation.

C.2.1.1.

Administrative and final interpretation. It shall be the responsibility of appropriate Manatee County departments to administer this Comprehensive Plan as designated by the County Administrator. During the course of administering this Comprehensive Plan it may be necessary for Manatee County personnel to interpret the policies of the Comprehensive Plan as those policies relate to specific application for development order approval, or as those policies relate to a proposed activity of the public sector.

Where Manatee County staff administration of this Comprehensive Plan includes the interpretation of a specific policy or policies, and where such interpretation is reasonably debatable after considering the language contained in the associated objective and goal, and after considering other goals, objectives, and policies in this Comprehensive Plan, an "aggrieved or adversely affected party" (as defined in § 163.3215(2), F.S.) may request a final interpretation of the appropriate policy or policies by the Board of County Commissioners, or other appropriate body assigned duties of final plan interpretation by the Board of County Commissioners. Any such final interpretation shall be limited to use of the applicable policy or policies as pertaining to the specific development order application or public sector activity. Any such final interpretation shall be rendered by the Board of County Commissioners (or other appropriate body) within thirty (30) days of the receipt of a written request for final interpretation by Manatee County. Any such final interpretation shall be subject to further action only as described in § 163.3215, F.S.

Other specific plan interpretation procedures, including procedures for interpretation of the Future Land Use Map, are contained in the Land Use Operative Provisions of the Future Land Use Element and the Land Development Code.

C.2.1.2.

Conflicting policies. Except as specified in the paragraph below, where two (2) or more policies are conflicting when applied to a particular set of factual circumstances, such conflict shall be resolved first by administrative interpretation of the plan policies. The objective of any such interpretation shall be to obtain a result which maximizes the degree of consistency between the proposed development or public sector activity and this Comprehensive Plan, considered as a whole. Any such administrative interpretation shall be as described in subsection 1.1 above, and may be subject to final interpretation (also described within that subsection).

Where one (1) or more goals, objectives or policies in this Comprehensive Plan conflict with a provision in the Master Plan for Port Manatee, the goal, objective or policy not part of the Port Master Plan shall prevail over the provision in the Port Master Plan.

C.2.1.3.

Other rules of plan interpretation. In the interpretation of the provisions of this Comprehensive Plan, the following rules shall apply unless the context clearly indicates otherwise:

(a)

Minimum requirements. In their interpretation and application, the prescriptive provisions of the Plan shall be held to be the minimum requirements necessary to accomplish the stated purpose and intent of the enacting ordinance for this Comprehensive Plan.

(b)

Construction. The Plan shall be construed broadly to accomplish said purpose and intent.

(c)

Tense; number. Words used in the present tense can include the future; words in the masculine gender can include the feminine and neuter; words in the singular number can include the plural; and words in the plural can include the singular; unless the obvious construction of the wording indicates otherwise.

(d)

Shall; should; may; includes. The word "shall" is mandatory; the word "should" is discretionary and not mandatory; the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(e)

Measurement of distances. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

(f)

State; county. The word "state" means the State of Florida, and its authorized agents. The word "county" means the County of Manatee, Florida, and its authorized agents.

(g)

Board; Commissions; Officials. The terms Board of County Commissioners, Planning Commission, County Administrator, and other similar offices shall mean the respective boards, commissions, and officers of the County of Manatee and their authorized agents. The use of the term County Commission or the abbreviation BOCC shall always mean the Board of County Commissioners.

(h)

Conflicts. The particular shall control the general. In case of any difference of meaning or implication between the text of the Plan and any caption, illustration, summary table, or illustrative table, the text shall control.

(i)

Interpretation of undefined terms. Terms not otherwise defined herein shall be interpreted first by reference to the relevant provisions of the Local Government Comprehensive Planning and Land Development Regulation Act, if specifically defined therein, or other relevant and appropriate state statutes or rules; secondly according to the rules for interpretation of ambiguities in policies or definitions of the Plan; thirdly by reference to generally accepted engineering, planning, or otherwise professional terminology if technical; and otherwise according to common usage; unless the context clearly indicates otherwise.

(j)

Headings. All descriptive headings of goals, objectives or other sections in the Plan are inserted for convenience of reference only and shall not affect the construction or interpretation thereof.

(k)

Due dates. All due dates referenced only by year, shall mean December 31 of the specified year.

(l)

Federal and state pre-emption. In the event that federal or state law has specifically pre-empted regulation by a local government, then such federal or state law shall apply.

(m)

Non-Local Standards and Regulations. Several State, federal, or regional standards, criteria, or regulations are incorporated into this Comprehensive Plan by reference. These applicable non-local regulations, standards or criteria in effect at the time of Plan adoption, or at the time of adoption of any Plan amendments, shall be utilized during Plan implementation unless specifically noted otherwise in the reference or changed by Plan Amendment.

(n)

Areas with no Future Land Use Designation. Real property for which there is no future land use designation shall be deemed to be in the Agricultural Rural future land use designation until such time an amendment to the Comprehensive Plan is adopted by the Board of County Commissioners for such real property.

C.2.2.

Status of Comprehensive Plan.

C.2.2.1.

Relationship to the Manatee Plan (Ordinance No. 80-4). This Comprehensive Plan supersedes, in total, all parts of The Manatee Plan (Ordinance No. 80-4, as amended) as of the effective date of this Comprehensive Plan.

C.2.2.2.

Relationship to the Manatee County Land Development Code (Ordinance No. 15-17). The policies of this Comprehensive Plan supersede all conflicting provisions contained in the Manatee County Land Development Code (Ordinance No. 15-17, as amended). Development applications shall be reviewed pursuant to the procedures and requirements contained in the Manatee County Land Development Code (Ordinance No. 15-17), and this Comprehensive Plan.

C.2.3.

Plan Amendments. Section 163.3184, F.S., contains the requirements for processing amendments to the Comprehensive Plan. Chapter 3 of the Manatee County Land Development Code provides for more detailed procedures. All proposed changes to the Plan shall meet the State and LDC requirements, in addition to the following:

C.2.3.1.

Type of Amendments. As utilized throughout this section, a Comprehensive Plan amendment shall mean any changes to the Comprehensive Plan proposed or adopted as a result of the periodic reevaluation of the entire Comprehensive Plan as required by § 163.3191, F.S. (see General Data Section of the Technical Support Document), or those changes to the Comprehensive Plan which may be considered, or are proposed or adopted on a more regular basis, as specified under § 163.3187, F.S.

There shall be four (4) types of amendments which may be initiated by the Board of County Commissioners or requested by any person owning or having a substantial interest in property in Manatee County to change this Comprehensive Plan, as follows:

• A "policy amendment," amending the text of any chapter or element of this Comprehensive Plan, thereby impacting an area within Manatee County extending beyond the property owned or otherwise associated with the applicant. Any person owning, or having a substantial interest in property in Manatee County may submit a proposed policy amendment to the Local Planning Agency for formal consideration.

• An amendment to the Future Land Use Map contained in the Future Land Use Element, other than a small-scale map amendment (described below). These amendments shall be termed "map amendments," and may be submitted to the Local Planning Agency for formal consideration by any person owning or having substantial interest in property within the area proposed for change on the Future Land Use Map.

• "Small scale map amendments" meeting the requirements of § 163.3187(1), F.S.

• An amendment to Part II of the Capital Improvements Element (Implementation). This type of amendment may only be initiated by the Board of County Commissioners.

C.2.3.2.

Justification for amendment to the Comprehensive Plan. Amendment of any part of the Comprehensive Plan shall be considered as a major policy decision by the Board of County Commissioners. An amendment of the Future Land Use map, for example, shall occur only where it is determined that growth and development patterns initially sought by Manatee County, through thoughtful adoption of the Future Land Use Element, are no longer appropriate.

To justify the adoption of a policy amendment, or small-scale or other map amendment, a change in circumstances shall be demonstrated by the applicant, or an error, inconsistency, or oversight in the adopted plan demonstrated by the applicant.

In justifying the approval of a small-scale, or other, map amendment, the applicant shall submit information including, but not limited to, information on the potential impact of the proposed amendment on the surrounding area, which shall be reviewed by the Local Planning Agency in preparing a recommendation on the proposed amendment. The potential impact analysis must consider development trends in the area as well as land use compatibility issues which should weigh heavily in decisions affecting residential density and nonresidential intensity. Further, review shall be in accordance with the provisions of Section C.2.3.3 below and its requirements for amendments to this Comprehensive Plan.

C.2.3.3.

Requirements for amending the Comprehensive Plan. In addition to the requirements contained in § 163.3184, F.S., and Section § 163.3187, F.S., the Board of County Commissioners shall amend this Comprehensive Plan only:

• After receiving a recommendation on the proposed amendment from the Local Planning Agency, pursuant to § 163.3174(1), F.S.

• Upon finding that the goal, objective, policy, or map sought to be amended is no longer in the best interest of the public.

• Upon finding that the map amendment sought is compatible with the development trends in the area of consideration and that the proposed change is compatible with surrounding uses and densities/intensities of development.

• Where a small-scale or other map amendment which would establish the potential for an increased public facility impact is requested in an area subject to one (1) or more public facility deficiencies, and is requested on a site that may be reasonably expected to further impact the deficient public facility, irrespective of the protection established by the level of service review process contained in this Comprehensive Plan, the Board of County Commissioners may approve the requested amendment only if:

• The applicant enters into a local government development agreement with Manatee County to ensure the resolution of any current public facility deficiency, or

• The adopted Capital Improvements Element's capital project listing identifies improvements that are sufficient to address the current deficiency, and address any increased demand for public facilities associated with the proposed amendment.

This limitation is intended to avoid the authorization, through the map amendment process, of the potential for increased public facility impacts, when a means of addressing an adverse impact on public facilities is not available within the short-term planning time frame.

C.2.4.

Corrections. Where a designation on the Future Land Use Map has been erroneously labeled or located, or the text has been erroneously printed, and County records can be produced to verify that such a mapping, labeling or printing error has been made, the Manatee County Board of County Commissioners shall correct the errors or omissions by resolution or ordinance.

All corrections described above may take place at any time during the calendar year, but shall be transmitted to the State Land Planning Agency at the submittal date of any adopted Comprehensive Plan amendments.

C.3.

Plan Monitoring, Evaluation and Appraisal. The provisions in this plan shall be monitored to determine progress toward achieving goals and objectives as frequently as Evaluation and Appraisal Reports are required by § 163.3191, F.S. Furthermore, upon evaluation of progress toward meeting, or compliance with, each objective, Manatee County may consider update of appropriate objectives. Objectives that have been attained shall be re-evaluated for change during the Evaluation and Appraisal Reporting process, or upon their attainment.

During the Evaluation and Appraisal Reporting (EAR) process (as required by § 163.3191, F.S.) Manatee County shall also identify any problems in plan implementation that have precluded or reduced progress toward achieving objectives in the Comprehensive Plan. The EAR process shall also be used to develop new or revised goals, objectives or policies to be adopted to better implement the Plan, in areas where problems have precluded effective implementation.

The data contained in the Technical Support Document (TSD) shall also be kept current to the maximum degree feasible, based on available resources. This is particularly important for projected public facility needs, so as to be able to properly assess future capital costs associated with each public facility, and to address these costs in the Capital Improvements Element.

(Ord. No. 16-23, § 4(Exh. B), 9-19-16; Ord. No. 18-04 , § 4(Exh. B), 8-23-18)