The 产权要素 ensures that private property rights are considered in local decision-making, in accordance with Section 163.3177(6)(i), 佛罗里达的律例, which requires that governmental entities respect judicially acknowledged and constitutionally protected private property rights. All references to any ordinances, statutes or regulations contained herein shall, 除非另有说明, be deemed to be those in effect as of the
All references to any ordinances, statutes or regulations contained herein shall, 除非另有说明, be deemed to be those in effect as of the date of adoption of this element and thereafter as amended, renumbered or otherwise revised.
目标1.1: Consideration of 产权
To ensure that private property rights are considered in local decision-making.
政策1.1.1: Recognition of 产权
The following rights shall be considered in local decision-making:
- The right of a property owner to physically possess and control his or her interests in the property, 包括地役权, 租赁, 或者矿业权.
- The right of a property owner to use, 维护, 开发, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.
- The right of the property owner to privacy and to exclude others from the property to protect the owner’s possessions and property.
- The right of a property owner to dispose of his or her property through sale or gift.
目标1.2: Protection of Private 产权
To recognize and respect private property rights, 包括农业的权利, and to respect such rights and the impact upon them when preparing recommendations for land use decisions.
政策1.2.1 .既得权利保护
The County recognizes and respects private property rights, 包括农业的权利, as well as other existing entitlements, and shall continue to provide methods for the assertion of vested rights and other administrative remedies through the Charlotte County Code of Laws and 条例.
政策1.2.2: Notice of Property Owners and Neighboring Lands
The County shall provide appropriate notice to the property owner(s), the general public and owners of neighboring lands of all applications for amendments to the 全面的计划, 分区图集, and Land Development Regulations.
政策1.2.3 .农业优先
The County shall consider bona fide agricultural operations that have been in existence for at least one year, regardless of crop or agricultural use rotation, and that have been 开发ed on lands 设计ated for agricultural use on the FLUM as having "primacy" over other land uses that may be 开发ed in time. 首要的意思是, when conflict arises between agricultural uses and non-agricultural uses, these conflicts will be resolved in favor of the agricultural interests, provided the agricultural interests were established prior to the non-agricultural uses.
政策1.2.4: Alternative Development Options
If a property owner chooses to take advantage of the 开发ment alternatives within this Plan, then to the extent that there are master planning, 设计, 基础设施, open space or other obligations that are required in order to gain 开发ment approval, these obligations shall be enforced. The recommended 开发ment patterns and options including Conservation Subdivisions, 农村社区, and the Rural Settlement Overlay District are implementation techniques available to landowners within the Rural Service Area of the County and are not required forms of 开发ment. Landowners will have the option to participate in these 项目 if they desire to increase the densities and intensities allowed on their lands.