§ 103. Applicability.  


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  • 103.1.   General Applicability.

    The provisions of this Land Development Code shall apply to all development in unincorporated Manatee County. No development shall be undertaken without prior approval and issuance of a development order pursuant to the provisions of this Land Development Code, except as noted in this section.

    103.2.   Exceptions.

    A.

    Projects which have Special Exception status under Chapter 1, Section D.2 of the Comprehensive Plan, to the extent of that status, shall not be required to meet the requirements of the following sections:

    1.

    Section 360, Certificate of Level of Service Compliance;

    2.

    Section 403.8.D, Coastal High Hazard Area Overlay District/Limitations on Permitted Uses;

    3.

    Section 403.8.E, Coastal High Hazard Area Overlay District/Setback Requirements and Wetland Buffers;

    4.

    Section 401.3.D.9, Waterfront Yards;

    5.

    Section 706, Wetland Protection; and

    6.

    Any other Section of this Code where the applicant can clearly demonstrate that the Section is a direct result of the Comprehensive Plan and could not have been required under the previous Comprehensive Plan.

    B.

    Projects which have Special Exception status under Chapter 1, Section 4B of the Plan, or projects that have an approved development order or building permit prior to the effective date of this Code may continue to be developed in a manner consistent with the most recent approval for such project; provided that such approval was lawfully granted and has not expired or otherwise been terminated. However, such projects shall be subject to all provisions of this Code which are not specifically addressed in such approval or are not inconsistent with such approval.

    C.

    Amendments to the projects addressed in A and B, above, shall be reviewed for consistency with Section 107 of this Code if nonconforming.

    D.

    Except where specifically provided for in this Code, the following structures and uses shall be exempt from the regulations of this Code:

    1.

    Utility Installations. Wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or storm water operated or maintained by a governmental entity or a public utility including customary meter pedestals, telephone pedestals and distribution transformers, whether any such installation is located underground or aboveground but not including any substation located on or above the surface of the ground.

    2.

    Railroad Facilities. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad rights-of-way, and maintenance and repair work on such facilities and equipment.

    3.

    Public Schools. Public Schools shall be required to adhere to all requirements of this Code except those requirements which public schools are not required to meet under F.S. ch. 1013, the State Requirements for Educational Facilities, and the Amended and Restated Interlocal Agreement for Public School Facility Planning between the School Board of Manatee County, the County and certain municipalities.

    4.

    Public Parks. Passive activity recreation and temporary recreation uses conducted on county designated park land. This exemption does not apply to structures greater than one thousand (1,000) square feet or vehicle use areas larger than twenty-five (25) parking spaces located within County park land.