Applicable Land Use Regulations Clause Samples
The "Applicable Land Use Regulations" clause defines which local, state, or federal land use laws, ordinances, and regulations govern the property involved in the agreement. This clause typically specifies that the parties must comply with zoning laws, building codes, environmental restrictions, and any other relevant governmental requirements affecting the use or development of the land. By clearly identifying the controlling regulations, the clause ensures both parties understand their legal obligations and helps prevent disputes or delays arising from non-compliance with land use rules.
Applicable Land Use Regulations. 4.1 Consistency with Comprehensive Plan and Code of the City of Charleston
A. This Agreement is consistent with the City’s Comprehensive Plan as amended through the date of this Agreement.
B. Whenever express or implied substantive provisions of this Agreement are inconsistent with the applicable standards set forth in the Charleston City Code, the standards set forth in the Charleston City Code and the Development Standards set forth within this Agreement shall, to the extent possible, be considered in pari materia to give effect to both the Charleston City Code and this Agreement; provided, however, that in the event of a conflict, and subject to the provisions of S.C. Code, Section 6-31- 80, the Development Standards set forth in this Agreement shall govern the Property.
C. In the event of a dispute between the Parties and this Agreement as to whether a provision in the Comprehensive Plan or Charleston City Code is inconsistent with express or implied substantive provisions of this Agreement, either Party may elect to move to Alternative Dispute Resolution – Nonbinding Mediation.
Applicable Land Use Regulations. This development project shall be subject to all Land Development Codes and building codes.
Applicable Land Use Regulations. 5.1 The County and the Developer agree that the WCI-Lost Key Master Plan approval was received on March 10, 2004, and as such was based upon the Escambia County Land Development Regulations in effect at that time.
5.2 Notwithstanding any current or future action of the County, and except for future development approvals for additions to the Property, during the term of this Amended Agreement the County rules, regulations and official policies applicable to and governing the Development and the Property shall be those in existence as of the effective date of this Amended Agreement.
5.3 The County and the Developer agree that the eighteen (18) month effective period of the WCI-Lost Key Master Plan, set forth in paragraph 2 of the Standard Project Conditions in the Master Plan Development Order approved on March 10, 2004, is superseded by the thirty (30) year term of this Amended Agreement; provided, however, site plans approved under the terms of this Amended Agreement for components of the Development shall be subject to the eighteen (18) month effective period set forth in section 4.06.11 of the Land Development Code.
5.4 Pursuant to section 163.3233 (2) (a) through (e), Florida Statutes, a local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
(a) They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement;
(b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement;
(c) They are specifically anticipated and provided for in the development agreement;
(d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement, or
(e) The development agreement is based on substantially inaccurate information supplied by the developer.
Applicable Land Use Regulations