(a)

The controls and standards intended to regulate development in each zoning district are set forth in this article and are supplemented by section 24-234 and article IV of this chapter.

(b)

All uses and activities permitted in any district within this chapter shall conform to the following standards of performance:

(1)

Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

(2)

Smoke, dust, dirt, visible emissions and open burning. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in F.A.C. chs. 62-204—62-295. Regulations controlling open burning shall be the same as those contained in F.A.C. ch. 62-256.

(3)

Fumes, vapors, and gases. Regulations controlling the emission of any fumes, vapors, or gases of a noxious, toxic, or corrosive nature shall be the same as those contained in F.A.C. ch. 62-256.

(4)

Heat, cold, dampness, or movement of air. Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted, with the exception that in the industrial district, this standard shall be applied at the boundaries of the industrial district and not at the lot lines of the individual properties located within the industrial district.

(5)

Noise. The permitted level of noise or sound emission at the property line of the lot on which the principle use is located shall not at any time exceed the average noise level prevailing for the same hour, as generated by street and traffic activity, with the exception that in the industrial district, this standard shall be applied at the boundaries of the industrial district and not at the lot lines of the individual properties located within the industrial district. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.

(6)

Odor. Regulations controlling the emission of objectionable odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in F.A.C. chs. 62-204—62-295.

(7)

Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

(LDR 2014, § 3.04.06; Ord. No. 2013-04, § 1, 7-15-2014)

This article applies to all areas subject to this chapter and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts or except as otherwise provided in this chapter. Except as specifically provided in this chapter, regulations governing the use of land, water, and structures within the various districts in the unincorporated portions of the county shall be permitted as shown in this article.

(LDR 2014, § 3.04.07.00; Ord. No. 2013-04, § 1, 7-15-2014)

All developments shall have a total land area sufficient to meet all development design standards in this chapter, including, but not limited to, land required to provide setbacks from abutting rights-of-way, buffers, stormwater management, off-street parking and circulation, protection of environmentally sensitive lands, and any other provisions which may require land area to be set aside.

(LDR 2014, § 3.04.07.01; Ord. No. 2013-04, § 1, 7-15-2014)

The open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground to the sky between the lot line and the building line constitutes a yard.

(1)

Front yard. The yard extending across the entire width of the lot between the front lot line and front building line. The lot line of the lot abutting a public street shall be deemed the front lot line. On corner lots, the front lot line shall be that lot line abutting the street frontage toward which the building is oriented. In the event the principal building on a corner lot is more directly oriented to the lot corner at the street intersection than to either street frontage, such lot shall be considered to have two front yards, one abutting each street. A lot existing between two streets not intersecting at a corner (double frontage lot) shall be considered to have two front yards, one on each street frontage.

(2)

Rear yard. The yard extending across the entire width of the lot between the rear lot line and the rear building line. The rear lot line shall be the lot line farthest removed from the front lot line.

(3)

Side yard. The yard extending from the front building line to the rear building line between the side lot line and the side building line

(LDR 2014, § 3.04.07.02; Ord. No. 2013-04, § 1, 7-15-2014)

Accessory structures shall comply with the following standards:

(1)

Storage buildings, utility buildings, greenhouses.

a.

No accessory buildings used for industrial storage of hazardous, incendiary, noxious, or pernicious materials shall be located nearer than 100 feet from any property line.

b.

Storage buildings, greenhouses and the like shall be permitted only in compliance with standards for distance between buildings.

c.

No accessory structure shall be located within ten feet of a rear lot line or three feet from a side lot line.

d.

Storage and other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into any required building setback from an abutting right-of-way.

e.

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

f.

Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings or other such uses.

(2)

Swimming pools, hot tubs, and similar structures.

a.

Swimming pools shall be permitted only in side and rear yards, and shall meet the setbacks for accessory structures. See section 24-138(3).

b.

Enclosures for pools shall be considered a part of the swimming pool and shall comply with these standards for minimum distance between buildings, yard requirements, and other building location requirements of this chapter.

c.

All swimming pools shall be enclosed by a screen enclosure, wall or fence at least four feet in height and must meet applicable state law.

d.

Access gates shall be equipped to accommodate a locking device. Pedestrian access gates shall open outwards away from the pool and shall be self-closing and have a self-latching device. Gates other than pedestrian access gates shall have a self-latching device.

e.

Where a wall of a dwelling serves as part of the barrier, all doors with direct access to the pool through that wall shall be equipped with an alarm that produces an audible warning when the door and its screen are opened.

(3)

Fences.

a.

Walls or fences erected or placed in all districts shall be maintained in good repair and sound structural condition.

b.

Fences or hedges may be located in all front, side and rear yard setback areas.

c.

In residential districts, no fences or hedges shall exceed four feet in height when placed in the front yard (the yard abutting a road or public right-of-way).

d.

In residential districts, no fences or hedges shall exceed six feet in height when placed in the side and rear yard.

e.

In commercial, agricultural and industrial districts the fence may incorporate an 18-inch barbed wire or similar extension above such height. In no event shall barbed wire be placed so as to project outward over any sidewalk, street or other public way, or over property of an adjacent owner.

f.

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence shall be located in the visibility triangle.

g.

Any fence located adjacent to a public right-of-way or private road shall be placed with the finished side facing that right-of-way.

h.

A fence required for safety and protection from hazard by a public agency, legal entity or individual may not be subject to height limitations set forth in this subsection (3). Approval to exceed minimum height standards may be given by the planning and zoning director upon receipt of satisfactory evidence of the need to exceed height standards.

i.

No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site.

(LDR 2014, § 3.04.07.03; Ord. No. 2013-04, § 1, 7-15-2014)

Guest quarters may be provided within AG 20 and AG 10, RCMH 2.5 and RCMH 1, and RC 1 zoning districts. Guest quarters are intended to be used exclusively for housing members of the family occupying the principal building and their nonpaying guest, provided that such quarters shall have no cooking facilities; shall not exceed 750 square feet in area; shall not be rented or leased or otherwise be made available for compensation of any kind and shall not have separate utility meters. Mobile homes shall not be used as guest quarters.

(1)

A site plan must be submitted to the planning and zoning department depicting the location of the principal structure and proposed guest quarters. The site plan shall be to scale and include display the dimensional requirements listed above.

(2)

Guest quarters must meet the setback standards for the zoning district the property is located in, per this article.

(LDR 2014, § 3.04.07.04; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Generally.

(1)

Pursuant to policy A.1.9.3(1) of the adopted the county comprehensive plan, the planning and zoning director or other board of county commission designee may grant exceptions to the density requirement, minimum lot, and building requirement established by the land use categories to persons who own land located within the Agriculture A and B and Very Low Density Residential land use categories, as depicted on the future land use map. Approval shall be based upon the criteria of this section and the application for family lot division. Family lots shall be a permissible use within AG 10, AG 7.5, or RCMH 2.5 zoning districts and is further regulated in part by the following subsections:

a.

Parcels located within Agriculture A, B or Very Low Density Residential land use categories may be transferred to a close family member and developed as residential property as long as the following criteria are met:

1.

The parcel for which a family lot division is requested is located in AG 10, AG 7.5, or RCMH 2.5 zoning district.

2.

A family lot division may be considered on the basis of hardship in accordance with the provisions of section 24-458(d).

3.

The family homestead or permanent residence must be located on the parent tract or parcel prior to application for family lot division.

4.

The parent tract or parcel must be a conforming tract, parcel or lot and meet the minimum requirements of the comprehensive plan land use map designation and the zoning district before the family lot division is applied. For example: A parcel located in Agriculture A land use and AG 10 zoning district must be at least ten acres in size.

5.

The parcel for which a family lot division is requested shall meet the following minimum lot requirements:

(i)

Minimum area. A parcel located in an AG 10, AG 7.5, or RCMH 2.5 district shall have a minimum lot area of one acre, and no maximum lot area; and

(ii)

Lot and building requirements. The principal building shall be located and constructed in accordance with the following requirements:

A.

Minimum lot requirements (width, depth and area).

a.

Width: 150 feet.

b.

Depth: none.

c.

Area: one acre.

B.

Maximum lot coverage by all buildings and structures: not applicable.

C.

Minimum yard requirements.

a.

Front: 25 feet.

b.

Side: 25 feet.

c.

Rear: 25 feet.

D.

Maximum height of structures. Maximum height of structures shall be 35 feet.

6.

The parent tract and the parcel for which an family lot division is requested shall meet all other applicable comprehensive plan policies and federal, state, regional, and county regulations, or must have applied for and acquired any necessary variances from these requirements and such variances shall accompany this application as part of a consolidated application for a family lot division and variance. Demonstration of the requirements for a family lot division shall not itself constitute a basis for the granting of a variance from any other applicable county regulation or requirement.

7.

Proof of ownership has been provided by the applicant in the form of a deed verifying that the grantor owns the property, a portion of which is proposed for use as a family lot by a close family member. To qualify as a close family member, an individual must be one of the following: a grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the parent property owner wishing to grant said person a family lot. Each application for family lot division shall be accompanied by personal identification and proof of relationship of both the applicant and the close family member consisting of original documents or notarized copies from public records. Such documents may include birth certificates, adoption records, marriage certificates and other public records.

8.

Only one family lot may be granted per close family member. The family lot provision shall only be used by a property owner once for each relative per lifetime. If a lot is provided under this provision for example, to the eldest son, the eldest son may not receive another family lot under this provision from any other family member anywhere else in the county. Once a parcel of land created as a family lot under this section is sold or owned by a non-member of the close family, no future division under this section may occur.

9.

Prior to the issuance of a family lot division, the close family member shall provide and record an affidavit stating that the residential lot is being created for use solely as a family lot and that the close family member to receive the lot shall occupy the residence for at least 36 month;i§ ..... i; from the date a certificate of occupancy is issued

10.

If a family lot as described in this section is sold or owned by anyone other than the originally designated close family member, no future division of the parcel may occur under this section.

11.

The creation of a family lot under the provisions stated herein will constitute a conforming lot and provide development rights for one dwelling unit per family lot. Upon sale or transfer to a non-member of the close family, the lot shall retain its status as a conforming lot, providing the density of one dwelling unit per family lot is not increased. Any request (including family members and non-family members) for an increase to the density beyond one dwelling unit per family lot shall be subject to the provisions of this article and article X of this chapter. The property owner must seek a land use amendment and re-zoning of the property to the appropriate land use and zoning district allowing the density requested. The creation of a family lot shall not guarantee approval of an increase in density.

12.

To obtain a building or move-on permit, applicants shall complete an application for family lot division form available from the county planning and zoning department which requires:

(i)

Basic information regarding the property and the name, address, and phone number of the applicant, close family member for whom the family lot division is requested, and agent (if applicable).

(ii)

Map of access to property showing ingress/egress to parent tract and proposed family lot.

(iii)

Legal description of parent parcel and proposed family lot.

(iv)

Proof of homestead or permanent residence on the parent parcel that may include a site survey and/or property record card from the county property appraiser's office.

(v)

Location map of parent tract or parcel within AG 10, AG 7.5, or RCMH 2.5 zoning districts (zoning certification).

(vi)

Documentation of the close family relationship including but not limited to a birth certificate, adoption papers, or marriage license.

(vii)

Affidavit of intention to occupy family lot residence for at least 36 months.

(viii)

If applicable, description of hardship.

13.

The application for family lot division shall be submitted to and reviewed by the county planning and zoning department according to the following procedures:

(i)

The applicant shall submit a complete application for family lot division and fees as adopted by the board of county commissioners to the planning and zoning department, which shall meet the requirements of this section.

(ii)

Within ten working days of receipt of an application for family lot division, the planning and zoning director shall:

A.

Determine that the application for family lot division is complete and proceed with the procedures below; or

B.

Determine that the application is incomplete and inform the applicant in writing of the deficiencies. The applicant may submit an amended application within 30 working days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter reinitiate the review process and pay any additional fees.

(iii)

Within five working days of the receipt of a complete application, the planning and zoning director shall issue a family lot division order which:

A.

Approves the family lot division; or

B.

Denies the family lot division, specifying the reasons for denial.

(b)

Temporary use permit. There is no division of land for a temporary family lot. The applicant (landowner) is requesting permission to place a mobile home on their property for a finite period of time without the transfer of property to the resident of the mobile home. A temporary use permit may be granted for mobile homes to be used as accessory residences in the AG 10, AG 7.5, or RCMH 2.5 zoning districts provided the following criteria are met:

(1)

Pursuant to policy A.1.9.3(1) of the adopted the county comprehensive plan, persons who own land located within the Agriculture A and B or Very Low Density land use categories, as depicted on the future land use map, may be granted exceptions by the planning and zoning director or other board of county commissioners designee to the density requirements, minimum lot and building requirements established by the land use categories. Approval shall be based upon the criteria of this section, subsections and the application for temporary use for family lot. Family lots shall be a permissible use within AG 10, AG 7.5, or RCMH 2.5 zoning districts and is further regulated in part by the following subsections:

a.

Parcels located within Agriculture A and B or Very Low Density land use categories may be used temporarily by a close family member and developed as residential property as long as the following criteria are met.

1.

The parcel for which a temporary use family lot is requested is located in AG 10, AG 7.5, or RCMH 2.5 zoning district, or on the basis of hardship in accordance with the provisions of section 24-458(d).

2.

The family homestead or permanent residence must be located on the parent tract or parcel prior to application for family lot temporary use.

3.

The parent tract or parcel must be a conforming tract, parcel or lot and meet the minimum requirements of the comprehensive plan land use map designation and the zoning district before the family lot temporary use is applied.

(2)

Subject to other applicable provisions of this chapter, up to two additional mobile homes used as accessory residences may be added annually to the property occupied by a principal residential dwelling, provided that such mobile homes are occupied by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the family occupying the principal residential dwelling and owning the property.

(3)

The addition of mobile homes under this section shall result in a density of not more than one dwelling per acre of property.

(4)

Such mobile homes shall meet all applicable lot area and yard area requirements, and shall not be located within 20 feet of any building.

(5)

A temporary use permit shall be required for each mobile home added under this section. Applications for a temporary use permit shall be submitted in writing by the applicant to the county's planning and zoning department together with any required fees imposed by this chapter. The application shall include a site plan which is acceptable to the planning and zoning director that at a minimum shows the location of all existing structures and proposed structures.

(6)

Temporary use permits for mobile homes added under this section shall be granted for a time period up to five years, provided that each permit holder shall submit to the county on an annual basis a completed certification form certifying that any mobile home permitted under this section is and will be occupied by a close family member of the family occupying the principal residential dwelling and owning the property. Such certification shall be submitted annually before or on the day of the month on which the permit was issued. Failure to submit such form may result in revocation of the permit. When a temporary use expires, the permit holder may apply for a new temporary use permit.

(7)

The county may impose appropriate conditions and safeguards on the issuance of temporary use permits, including but not limited to reasonable time limits within which the action for which a temporary use permit is requested shall be begun or completed, or both. Violations of such conditions and safeguards, when made a part of the terms under which a temporary use permit is granted, shall be deemed a violation of this chapter and punishable as provided in article X of this chapter.

(8)

Nothing in this section shall affect the validity of deed or other legal restrictions imposed on a piece of property.

(LDR 2014, § 3.04.07.05; Ord. No. 2013-04, § 1, 7-15-2014)

Parcels of land which are 320 acres or less as of the most recent date of the comprehensive plan adoption and are located within the Agriculture B land use category may be sold at a maximum rate of two 2½-acre tracts per year (for a total of five acres a year) as long as the following criteria is met:

(1)

The parcel for which a homestead division is requested was a legal lot of record prior to 1991 and is located in AG 10 or AG 7.5 zoning district.

(2)

The parent tract or parcel must meet the minimum requirements of the comprehensive plan land use map designation and the zoning district.

(3)

The property to be sold must have been owned for the past five consecutive years by the applicant.

(4)

The applicant must have a current homestead exemption on file in either the unincorporated county or any of its incorporated municipalities. The exemption must have also been on file for the past four consecutive years (five years total).

(5)

To obtain a building or move-on permit, applicants shall complete an application for homestead exemption form available from the county planning and zoning department which requires:

a.

Basic information regarding the property and the name, address, and phone number of the applicant requesting homestead division agent (if applicable).

b.

Map of access to property showing ingress/egress to parent tract and proposed homestead lot.

c.

Legal description of parent parcel and proposed homestead lot.

d.

Proof of ownership of parent tract or parcel for five years.

e.

Location map of parent tract or parcel within AG 10 or AG 7.5 zoning districts (zoning certification).

f.

Proof of legal lot of record prior to 1991 or, if after, description of hardship.

(LDR 2014, § 3.04.07.06; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Generally. The term "mobile home" means a manufactured structure, transportable in one or more sections, which is at least eight feet in width and 32 feet in length, which is built on an integral chassis and is designed to be used as a dwelling unit, with or without foundation, when connected to the required utilities.

(b)

Skirting requirements. The area between the ground and floor level of the mobile home shall be enclosed with masonry or decorative skirting. Acceptable types of skirting include, but are not limited to vinyl, aluminum, stucco, permitted block (mortar), pressure treated wood, and pressure treated lattice. Types of skirting not acceptable include raw slabs (pine or cypress wood) or tin roofing materials.

(c)

Tie-down, anchor and foundation requirements for mobile homes.

(1)

The tie-down, anchor and foundation requirements of the applicable provisions of the Florida Administrative Code are incorporated by reference.

(2)

For tie-down, anchors and foundations, the requirements of the state department of highway safety and motor vehicles shall prevail.

(d)

Permit for temporary mobile home; medical hardship.

(1)

A permit for a temporary mobile home to facilitate a medical hardship may be granted by the planning and zoning director if the following standards are met:

a.

The minimum lot size for the use of the mobile home for medical hardship shall be one-half acre with minimum front and rear yard setbacks of 25 feet and a minimum side yard setback of ten feet.

b.

The lot shall have direct access to a public street, an approved private street or access to said streets by an access easement. The driveway connection must meet applicable standards so as to reduce erosion and drainage problems.

c.

No more than one mobile home shall be permitted on the same site as that of the permitted use, which dwelling shall be occupied.

d.

The mobile home shall not have significant adverse effect on natural resources or surrounding agricultural uses; shall have a county department of health approved well and septic tank installation; and shall meet all requirements of local building and zoning codes.

e.

The temporary mobile home shall consist of a minimum of 600 square feet of living area.

f.

The use shall be temporary in nature and subject to renewal every year.

g.

The applicant shall provide proof in the form of a notarized letter from an attending physician that a medical hardship exists which requires that the infirmed resident have continuous supervision.

h.

Each year that the medical hardship continues to exist the applicant shall provide proof to the planning and zoning department verifying that the hardship continues to exist.

i.

If, for any reason, the infirmed resident ceases to reside in the principal dwelling or the mobile home, the mobile home must be removed from the property within 90 days.

(2)

Restriction. Mobile homes for medical hardship shall not be placed in zoning districts that are restricted to conventional housing units only.

(e)

Replacement of existing mobile homes.

(1)

For the purposes of this chapter, the term "existing mobile homes" shall mean mobile homes which existed as of the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

In those districts which do not permit the placement of new mobile homes but do permit existing mobile homes as a principal use, such existing mobile homes may be removed and replaced by another mobile home, provided that a period of not greater than 90 days elapses between the removal of one mobile home and the erection of another mobile home. Where a mobile home is removed and is not replaced for a period greater than 90 days for any reason (except where governmental action impedes access to the premises), such mobile home shall not be replaced and any subsequent use shall conform to the regulations for the district in which the use is located.

(f)

Mobile home parks. The term "mobile home park" means a place where two or more mobile homes are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership; the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities or to offer such space free in connection with securing the trade or patronage of such person. The following provisions apply to mobile home parks:

(1)

Mobile home parks shall be built to state standards in effect at the time of construction.

(2)

Evidence shall be required that demonstrates compliance with standards of the state department of health.

(3)

Mobile home parks must be zoned in accordance with the procedures for a planned development, subject to all requirements therein.

(4)

Mobile home parks shall be established on parcels of land which are suitable for the proposed development and which have an area of at least five acres.

(5)

The following uses and their customary accessory uses or structures may be allowed:

a.

Laundry buildings.

b.

Commissary.

c.

Swimming pools.

d.

Recreational facilities.

e.

Recreational vehicle storage.

(6)

Mobile home standards.

a.

Mobile home space. A plot of ground within a mobile home park designated for the accommodation of one mobile home or travel trailer. Each space for a mobile home shall contain a minimum of 6,000 square feet. This space shall be clearly defined and exclusive of space provided for the common use of tenants such as roadways, general use walkways, centralized storage areas, and general use recreational areas.

b.

There shall be no more than one mobile home occupying each space.

c.

Mobile homes shall be located at least 20 feet from all mobile home park property lines.

d.

Mobile homes shall be located within their designated spaces in such a way that there shall be a minimum of 20 feet between mobile homes or between any mobile home and any building other than an approved carport or storage building.

e.

No mobile home shall be located so that any part of such mobile home will obstruct any drive or walkway.

f.

No mobile home shall remain in a mobile home park unless it is anchored in an approved mobile home space or stored unoccupied within the centralized storage area.

g.

Each mobile home space shall be improved with one patio of concrete or other suitable impervious material having a minimum area of 150 square feet and one crushed rock or better surfaced mobile home pad having a minimum area equal to that of any mobile home which will be located in the space.

h.

Permanent structures located within any mobile home space shall be used only as carports or for storage purposes.

(7)

Transportation standards.

a.

Mobile home parks shall abut and have direct access to an arterial, collector, or other major street. Minor streets in a mobile home park shall not be connected to streets outside the development in such a way as to encourage their use by through traffic.

b.

Each mobile home space shall have access to a street in the mobile home park. Streets in a mobile home park may be dedicated to the public use or may be retained in private ownership except the board of county commissioners may require major streets to be dedicated to the public. All streets to be dedicated to the public will be at least 30 feet wide and constructed in accordance with the design standards in article VII of this chapter. Private streets shall be surfaced with concrete, asphaltic cement, or similar hard surfaced material which is resistant to dust or mud. Such surfacing shall be suitably sloped and drained and will be maintained in good condition at all times by the owner or owners of the mobile home park.

c.

Walkways, not less than four feet in width, shall be provided from each mobile space to service buildings and along at least one side of each street.

(8)

Additional standards.

a.

A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each mobile home park over 15 spaces. Such storage areas shall contain a minimum of 160 square feet for each mobile home space and shall be enclosed by a sight-obscuring fence.

b.

General use recreation areas will be provided suitable for recreational uses and for parks with more than 15 spaces. These areas will be adequately equipped and restricted to recreational uses. A minimum of 200 square feet of recreation area for each mobile home space shall be provided in one or more locations within the mobile home park. The minimum size of each required recreation area shall be 5,000 square feet. Such areas shall be protected from streets, drives and parking areas by curbs, guardrails, plantings or other suitable devices.

c.

Each mobile home space shall be provided with connections to central water and sanitary sewer systems, unless approved and permitted by state department of health and state department of environmental protection.

d.

Easements necessary for the orderly extension and maintenance of public utilities may be required as a condition of approval.

e.

Suitable sight-obscuring fences, wall, evergreen hedges, and/or berms shall surround the mobile home park in order to visually separate the park from adjoining property except at entrance and exits points and where such buffering techniques are unnecessary due to topographical features.

f.

All signs of any type within a mobile home park are subject to design review and approval of the board of county commissioners at the time of rezoning. The board of county commissioners shall consider each sign on its own merits based on the aesthetic impact on the area, potential traffic hazards and need for the sign. No sign shall violate provisions in article IX of this chapter.

g.

Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of residents of the park.

(9)

Variances. Any request for a variance from the standards of this section for a mobile home park shall be filed in accordance with the procedures outlined in this chapter.

(10)

Home occupations are permitted in mobile home parks by special exception and subject to standards for home occupation.

(LDR 2014, §§ 3.04.07.07, 3.04.07.07A—3.04.07.07C; Ord. No. 2013-04, § 1, 7-15-2014)

Home occupations shall be a permissible use by application for administrative approval in agriculture and residential districts and requires renewed approval every two years. No use of a home occupation shall create a nuisance or involve warehousing. The following specific standards and table shall be used in deciding applications for approvals of such uses:

(1)

A limited number of nonresident individuals may be employed than members of the immediate family residing in accordance with the table below:

(2)

The use of the dwelling unit for the home occupation shall be clearly incidental and secondary to its use for residential purposes and shall not change the residential character.

(3)

There shall be no change in the outside appearance of the building or premises as a result of such occupation, with the exception of an unlighted sign or name plate, not more than four square feet in area, attached to and not projecting from the building.

(4)

The home occupation shall not create levels of noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the dwelling unit in excess of that normally associated with household use. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television sets off the premises, or cause fluctuations in the line voltage in excess of that normally associated with household use.

(5)

No commodity or good produced off the premises shall be displayed or warehoused on the premises for sale elsewhere. However, the taking of orders for sales or provision of services off site may be allowed.

(6)

Woodworking is permitted if all requirements under section 24-146 are met.

(7)

A home occupation shall not be interpreted to include activities such as but not restricted to auto repair and tune-up, general offices, clinics, physicians, and dentists offices, welding shops, animal hospital or kennels. Automobile restoration as a hobby is permitted if there are no more than two vehicles under restoration at any given time. Vehicles under restoration are subject to the requirements of section 24-156 storage of inoperable vehicles and other materials as related to stored vehicles.

(8)

A home occupation shall not be transferred to another owner or lessee of the property unless the identical conditions exist as to the specific occupation, number of persons operating the occupation and all site conditions remain the same.

(9)

Home occupations shall be approved for two years. Renewal shall meet the procedures in effect at the time of renewal.

(10)

The following shall not be permitted as home occupations:

a.

Automobile/truck/tractor/recreational vehicle repair facilities.

b.

Minor automotive repairs and/or tune-up facilities.

c.

Clinics and/or medical care facilities.

d.

Welding.

e.

Animal kennels.

(LDR 2014, § 3.04.07.08; Ord. No. 2013-04, § 1, 7-15-2014; Ord. No. 2016-03, § 3, 7-5-2016)

Day care, including private kindergartens and child care centers, shall be a permissible use by special exception (article X of this chapter) or limited notice (also see section 24-234 for both exceptions) in all districts, subject to all the following conditions:

(1)

Minimum lot area shall be no less than 6,000 square feet and lot width in portion used for fenced play area shall be not less than 60 feet.

(2)

A fenced outdoor play area of not less than 600 square feet shall be provided in the area yard.

(3)

All facilities, operation and maintenance shall meet all applicable state regulations for such use.

(4)

An application for approval, where required, shall state the maximum number of children to be accommodated and in no case shall the number of the children approved in the grant of approval be exceeded.

(5)

Off-street parking, loading and unloading areas shall be maintained as provided in the site plan approved with the permit for such use.

(LDR 2014, § 3.04.07.09; Ord. No. 2013-04, § 1, 7-15-2014)

Woodworking shops, together with structures, machinery, equipment and facilities, incidental to such operations are permitted, provided that such operations:

(1)

Do not utilize electrical powered machines in excess of five horsepower.

(2)

Use no more than 240 volts single phase current with a maximum 200 amp buss.

(3)

House and operate all machinery within an enclosed structure not to exceed 2,000 square feet.

(4)

Noise levels shall not exceed 55 decibels when measured at the property line of any abutting landowner.

(5)

Do not provide any wood treatment process.

(LDR 2014, § 3.04.07.10; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Establishment of community residential homes.

(1)

Type A homes of six or fewer residents which otherwise meet the definitions of a community residential home shall be deemed a single-family unit and a noncommercial residential use. Type A community residential homes are permitted uses within RCMH 2.5, RCMH 1, RC 1, RCMH 0.5, RC 0.5, RC 1/4, MF 10 and MF 12 zoning districts. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this article; provided, however, that the sponsoring agency or the department notifies the county at the time of home occupancy that the home is licensed by the department and provides an address so that the distance requirement can be determined.

(2)

Type B homes of seven to 14 residents which meet the definition of a community residential home may be approved as a special exception in the RC 1/4, multifamily, commercial neighborhood, commercial general and mobile home park districts and are subject to the following distance requirements:

a.

A community residential home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily district shall be an over concentration of such homes that substantially alters the nature and character of the area and shall not be approved.

b.

A community residential home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area and shall not be approved.

(3)

All distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

(b)

Notification provisions.

(1)

When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multifamily, the agency shall notify the county administration in writing and include in such notice:

a.

The specific address of the site;

b.

The residential licensing category;

c.

The number of residents; and

d.

The community support requirements of the program.

(2)

Such notice shall also contain a statement from the district administrator of the department indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The district administrator shall also provide to the county the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located.

(c)

Review decisions. Pursuant to the review under article X of this chapter, the county may:

(1)

Determine that the siting of the community residential home is in accordance with its zoning regulations and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

(2)

Fail to respond within 60 days. If the county fails to respond within such time, the sponsoring agency may establish the home at the site selected.

(3)

Deny the siting of the home.

(d)

Basis for denial. The siting of a community residential home may be denied by the county if it is established that the siting of the home at the site selected:

(1)

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area.

(2)

Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to ensure the safe care and supervision of all clients in the home.

(3)

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered.

(e)

Mediation. If agreed to by both the county and the sponsoring agency, a conflict may be resolved though informal independent mediator or may use the mediation process established by the Northeast Florida Regional Planning Council in Policy 25.1.2.2 of the Comprehensive Regional Policy Plan pursuant to F.S. ch. 186. Mediation shall be concluded within 45 days of the request thereof. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination under statutory or common law.

(f)

Health, safety and welfare. Nothing in this section shall permit persons to occupy a community residential home who would constitute an adverse impact to the health and safety of other persons or whose residency would result in substantial physical damage to property of others. Whenever the county receives a complaint that residents of a community residential home are not properly cared for, that licensing standards are not being followed, or that the residents are or may be subject to abuse, neglect or exploitation, the county administrator may file a complaint with the appropriate abuse registry or the pertinent human rights advocacy committee created under F.S. ch. 20, or with the sponsoring agency and the department, pursuant to F.S. § 120.69, including judicial enforcement.

(LDR 2014, § 3.04.07.11; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Household pets (animals).

(1)

Household pets or animals, whose sole purpose is human companionship, are allowed as accessory uses in all agricultural and residential districts. Agricultural districts are exempt from the restrictions in this provision.

(2)

Up to ten household pets may be permitted within any residential district.

(3)

Household pets exceeding ten in number and four months in age may be allowed with a special use permit within select residential districts, subject to the following conditions and limitations:

a.

All household pets or animals shall be maintained within the primary residence or place of shelter provided on at least a one-acre site.

b.

The structure for a shelter provided on site shall be no closer than 50 feet to any residential private property line.

c.

The application for special use permit shall state the maximum number and species of household animals to be housed.

d.

Birds shall be maintained within the primary residence or separate structure. If maintained in a separate structure, such structure shall be no closer than 50 feet of any property boundary.

e.

There shall be no commercial activity associated with the granting of a special use permit for household animals.

(b)

Other animals. Other animals (excluding the possession of wildlife, as provided in state statutes), not otherwise defined by this chapter, may be permitted with a special use permit within districts, subject to the following conditions and limitations:

(1)

If a place of shelter is provided outside the main residence, such shelter shall be no closer than 100 feet from any residence.

(2)

Domestic fowl or bird species shall be maintained in a completely enclosed building. Such building shall be no closer than 100 feet from any residence.

(3)

An application for special use permit for other animals shall state the maximum number and species of animals to be housed.

(4)

There shall be no commercial activity associated with the granting of a special use for other animals.

(c)

Horses and ponies. Horses and ponies within all agricultural districts (AG 20, AG 10 and AG 7.5) are exempt from this provision. Horses and ponies may be permitted with a special use permit within select residential districts and shall be allowed only for private riding use subject to the following conditions and limitations:

(1)

A place of shelter or private stable shall be provided which is not closer than 50 feet to any private property line. The shelter or stable must include a fenced enclosure not closer than five feet to any private property line. Private stables must have front, rear, and side yards of a minimum of 50 feet.

(2)

A site plan for a place of shelter or private stable shall be submitted with the special use permit application.

(3)

A building permit shall be required as well as the appropriate fees.

(4)

The minimum size of property to be considered for such special uses shall be one acre per horse or pony. No more than five horses or ponies on five acres shall be permitted on any residential property under single ownership with a special use permit. Any use in excess of this limitation is deemed to be an agricultural use or activity and shall require designation as an agricultural district.

(d)

Public stables. The following specific standards shall be used in deciding applications for approval of public stables:

(1)

Front, rear and side yards shall be a minimum of 50 feet.

(2)

Parking shall be provided at a ratio of one parking space for every five stalls.

(3)

The operator of the stable shall be responsible for using good management practices to discourage undesirable odors and insects.

Note: A public stable is construed as a building or land where animals are kept for remuneration, hire, sale, boarding, riding, or show.

(e)

Kennels. The term "kennel" means any premises, except where accessory to an agricultural use, where 15 or more dogs or other domestic animals which are not sick or injured and are four months in age or older are boarded for compensation, cared for, trained for hire, kept for sale, or bred for sale not including veterinary clinics.

(f)

Animal hospital, veterinary clinic. Animal hospitals and veterinary clinics shall comply with the following standards:

(1)

All activities with the exception of animal exercise yards shall be conducted within an enclosed building.

(2)

If completely enclosed with four solid walls, buildings housing animal hospitals or veterinary clinics shall be located no closer than 50 feet from any adjacent residentially zoned property. Buildings housing animal hospitals or veterinary clinics, which are not fully enclosed, shall be located no closer than 150 feet from any adjacent residentially zoned district.

(3)

Exercise and confinement yards shall be not less than 200 feet from any dwelling unit on adjacent property and 150 feet from any residentially zoned property. Farm animal grazing areas containing a density of less than three animals per acre may be located anywhere on the lot. The operator of the animal hospital/veterinary clinic shall be responsible for using good management practices to discourage undesirable odors, insects, and excessive noise.

(LDR 2014, §§ 3.04.07.12, 3.04.07.12A—30.04.07.12F; Ord. No. 2013-04, § 1, 7-15-2014)

The following provisions shall apply to farming:

(1)

Sales, including roadside agricultural stands, shall be permitted only from structures on private property conforming to all applicable codes or regulations.

(2)

No structure containing poultry or livestock and no storage of manure or odor or dust producing substance or use shall be located within 100 feet of a district boundary or property lines.

(3)

No new storage facilities containing manure or odor or dust producing substance or use shall be located closer than 1,000 feet from a neighboring residence.

(4)

No new storage facilities containing manure or odor or dust producing substance or use shall be located closer than 100 feet from a public road right-of-way.

(5)

Incidental sale and repair of farm machinery is permitted.

(LDR 2014, § 3.04.07.13; Ord. No. 2013-04, § 1, 7-15-2014)

The following specific standards shall be used in deciding applications for approval of a farm labor camp:

(1)

The farm labor camp shall be an accessory use to an agricultural use with a minimum size of ten acres.

(2)

The maximum density of the farm labor camps shall not exceed two dwelling units per acre of the zoning lot devoted to agriculture. The units may be clustered but the area of land used in calculating the density cannot be sold or used for non-agricultural activities.

(3)

Farm labor camps shall provide front, side and rear yards of 50 feet.

(4)

A buffer area shall be provided between the camp and adjacent properties of the camp if located within 200 feet of the zoning lot line or an adjacent property under different ownership.

(5)

All structures containing dwelling units shall meet applicable building code standards and shall be located a minimum of ten feet apart unless the structure is a dormitory. Dormitories shall be separated from other structures by a minimum of 20 feet.

(6)

All access drives serving the camp shall be packed with shells, gravel, or a similar material which will provide a relatively dust-free surface.

(7)

All camps shall provide adequate sewage disposal and water supply systems which meet all federal, state and local requirements.

(8)

All camps shall be maintained in a neat, orderly and safe manner.

(9)

Prior to issuance of a zoning compliance permit for a farm labor camp, the planning and zoning director must determine that the proposed use complies with all federal, state and local requirements for such uses.

(LDR 2014, § 3.04.07.14; Ord. No. 2013-04, § 1, 7-15-2014)

The following criteria shall be met by farm feed and supplies establishments:

(1)

Provide one of the following for sale:

a.

Feed for livestock, poultry and pets;

b.

Animal health products;

c.

Lawn and garden supplies;

d.

Fertilizer, insecticides, pesticides; or

e.

Leather goods and tack.

(2)

Standards.

a.

No equipment other than incidental use or sales, such as lawn mowers, tractors and accessories shall be stored or repaired on site.

b.

There shall be a minimum 50-foot setback from all property lines for the building and storage areas.

(LDR 2014, § 3.04.07.15; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Scope and general definition. This section applies to commercial feedlots. The term "commercial feedlot" means any tract of land or structure, pen, or corral, wherein cattle, horses, sheep, goats, and swine are maintained in close quarters for the purpose of fattening such livestock for final shipment to market; any premises used principally for the raising or keeping of animals in a confined area at a concentration of one animal per 600 square feet or less; may also be referred to as concentrated animal feeding operations.

(b)

Feedlot location. A site plan must be submitted in accordance the department of environmental protection regulations displaying facility location for the state permit application. In addition, the following criteria must be met:

(1)

Commercial feedlots may be located within the following zoning districts: commercial general, light industrial, industrial, heavy industrial and agricultural districts (20, 10, 7.5).

(2)

No new animal feedlots or manure storage facilities shall be located in a floodplain or within 100 feet of a well for domestic or municipal purposes.

(3)

No new animal feedlots or manure storage facilities shall be located within one-half mile of an incorporated city limit boundary.

(4)

No new animal feedlots or manure storage facilities shall be located closer than 1,000 feet from a neighboring residence.

(5)

No new animal feedlots or manure storage facilities shall be located closer than 100 feet from a public road right-of-way.

(c)

Manure storage areas. Manure storage areas shall be set back 300 feet from any perennial flow stream or ditch, a map of which is kept in the zoning administrator's office. For all other areas, the manure storage areas shall be set back a minimum of 25 feet from the top of the back-slope of any ditch or any watercourse unless the zoning administrator determines a greater setback is needed to protect water resources.

(d)

Expansion of feedlots.

(1)

The expansion of animal feedlots which exist on the effective date of the ordinance from which this chapter is derived shall not be considered new animal feedlots.

(2)

An existing animal feedlot shall be required to obtain a conditional use permit when that feedlot expands in acreage over the existing size.

(LDR 2014, § 3.04.07.16; Ord. No. 2013-04, § 1, 7-15-2014)

The term "slaughterhouse means an enclosed building where animals are slaughtered for commercial gain or compensation. The following specific standards shall be used in deciding applications for approval of slaughterhouses:

(1)

All slaughtering, butchering and related operations shall be conducted within enclosed buildings.

(2)

All offal shall be stored in water-tight and odor-tight containers.

(3)

The operation shall meet all federal and state requirements and qualify for all federal, state and local health permits.

(4)

All animal holding areas shall be:

a.

Located a minimum of 1,320 feet from any residential development or zoning district developed to or permitting a density of two units per acre or greater;

b.

A minimum of 500 feet from any dwelling unit existing on adjacent property developed at less than two units per acre at the time of the development or expansion of the use; and

c.

A minimum of 200 feet from any property line.

(LDR 2014, § 3.04.07.17; Ord. No. 2013-04, § 1, 7-15-2014)

The following regulations shall apply to the location, design, construction, operation, and maintenance of automotive service and self-service stations (with the exception of automobile self-service stations where self-service gasoline pumps in conjunction with retail and commercial outlets for sale of food, hardware and drugs, there shall be no outside sales of oil, grease, parts or accessories for automobiles and no service except for self-service water, air or carwash).

(1)

Lot dimensions and area. An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet. A corner lot shall have a minimum area of not less than 20,000 square feet and an interior lot a minimum area of not less than 15,000 square feet.

(2)

Lighting. All lights and lighting for an automotive service station shall be so designed and arranged that no source of light shall be visible from any residential district.

(3)

Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within 25 feet of the lot line of any property that is zoned for residential purposes. No gasoline pump shall be located within 15 feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within 15 feet of such setback line.

(4)

Curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number of curb breaks for each automotive service station shall not exceed two for each 150 feet of street frontage, each break having a width of no more than 30 feet exclusive of transitions and located not closer than 15 feet of right-of-way lines of any intersection. Curb breaks shall not be closer than 15 feet to any other property line. There shall be a minimum distance of 20 feet between curb breaks.

(5)

Trash storage. Adequate, enclosed trash storage facilities shall be provided on the site.

(6)

Prohibitions. Major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, tire recapping or re-grooving, storage of automobiles not in operating condition, or other work involving undue noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in such automotive service and self-service stations are prohibited. Where such motor fuel pumps are erected in conjunction with a use which is herein described as an automotive self-service station, each use shall be considered as a separate principal use and as such, each must meet all applicable requirements of this chapter.

(LDR 2014, § 3.04.07.18; Ord. No. 2013-04, § 1, 7-15-2014)

A golf course is an allowable use within the AG 20, AG 10, AG 7.5, RCMH 2.5, RCMH 1, RCMH 0.5, RC 1, RC 0.5, RC 1/4, and MF 10 zoning districts. Golf courses may be developed as part of a planned unit development (PUD). If developed within a PUD, the golf course must meet the requirements of this section and section 24-208, and be consistent with the landscaping and buffer requirements contained within this chapter. If a golf course is developed within any one of the single zoning districts listed in this section, it shall be subject to the following provisions:

(1)

A golf course shall include any facility providing nine or 18 holes of golf, with or without a clubhouse, and/or shed storage facilities.

(2)

The clubhouse and other structures shall be located at least 150 feet from an abutting lot or parcel and shall provide adequate screening and vegetative buffer.

(3)

A site plan must be submitted to the planning and zoning department that depicts the size of the golf course (at a least nine holes), design of the course, vegetated buffer and landscaping, location of clubhouse and/or shed storage facilities, off-street parking area with associated landscaping, and lighting designs.

(4)

Off-street parking requirements shall be consistent with article VII of this chapter.

(LDR 2014, § 3.04.07.20; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

No motor vehicle, part thereof, or trailer which is inoperable for 30 days or more, may be stored on any zoning lot unless either completely inside an enclosed structure, or pursuant to a licensed junkyard and/or recycling business on the zoning lot.

(b)

No more than two vehicles may be stored behind an occupied residence provided they are registered with the planning and zoning director by affidavit stating the reason for such storage. Such registration is valid for two years and may be renewed provided renewal is made within 30 days of the expiration date of the most recent registration.

(c)

Automotive vehicles or trailers of any type without current license plates shall not be parked or stored on any zoning lot unless either completely inside an enclosed structure or pursuant to a licensed junkyard and/or recycling business on the zoning lot or registered with the planning and zoning department stating the reason for such storage.

(d)

No discarded objects, including but not limited to appliances, building parts, vehicle parts, or equipment parts, may be stored on any zoning lot unless either completely inside an enclosed structure or pursuant to a licensed junkyard or recycling business on the zoning lot.

(e)

The planning and zoning director may issue notices of zoning violations for violations of this section or any provision of this chapter and initiate proceedings before the code enforcement board to enforce compliance with this chapter.

(LDR 2014, § 3.04.07.21; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Defined. The term "junkyard" means land used for the storage, keeping, handling, or display of old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof. The provisions of this section apply to junkyards.

(b)

Storage of materials.

(1)

Materials that are not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill. The period of accumulation is limited to two months.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Any items which can be recycled or salvaged shall be accumulated in bins or containers to be sold to a recycling firm.

(4)

Recyclable material which cannot be stored in bins or containers may be stored in the open for a period not to exceed 30 days.

(5)

Junkyard operators shall be responsible for compliance with all applicable federal and state regulations pertaining to the handling, storage, and disposal of waste fluids. In no case shall disposal of waste fluids be permitted on site, except with the express approval of the state department of environmental protection.

(6)

In any open storage area, it shall be prohibited to keep any icebox, refrigerator, deep-freeze, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of one to 15 cubic feet or more from which the door has not been removed.

(7)

Suitable sight-obscuring fences, walls, evergreen hedges, and/or berms along the road frontage of the junkyard and on boundaries which are within 1,500 feet of a residential or commercially zoned or used property shall be installed.

(LDR 2014, § 3.04.07.22; Ord. No. 2013-04, § 1, 7-15-2014)

Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot not approved for such use. Major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard, provided, however, that such equipment may be parked anywhere on the premises for a period not to exceed 24 hours during loading and unloading.

(LDR 2014, § 3.04.07.23; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

Mineral extraction defined. Mineral extraction shall include all activity which removes from the surface or beneath the surface of the land some material mineral resource, natural resource or other element of economic value, by means of mechanical excavation necessary to separate the desired material from an undesirable one; or to remove the strata or material which overlies or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary to the extraction of sand, gravel, topsoil, limestone, sandstone, clay, oil and titanium. Mineral extraction excludes borrow pits which receive a permit under section 24-161 or fish ponds allowed under section 24-41.

(b)

Mining defined. The term "mining" means all functions, work, facilities and activities in connection with development, mineral extraction (whether primary or secondary) or processing of mineral deposits on land and all uses reasonably incident thereto. Examples include, but are not limited to, the construction of roads or other means of access, pipelines, waste disposal and storage, excavation and re-circulating water systems but excludes borrow pits, fish ponds, excavation solely in aid of onsite farming, onsite construction and the process of searching, prospecting, exploring and investigating for minerals. The term "processing" shall not include rock drying or the processing of rock in a chemical processing plant. All mining, excavation and mineral extraction activities shall require a mine permit (see section 24-159(g)) to be approved by board of county commissioners. All mining, excavation and mineral extraction activities must be located in an industrial zoning district or as a permissible use by mine permit and must comply with policies A.1.4.9, A.1.4.10, E.1.5.1, E.1.5.2, and E.1.5.3 of the county comprehensive plan. Heavy mineral mining includes excavation activities necessary for the extraction of titanium materials, zircon and staurolite.

(c)

Intent. It is the county's intent to provide for conditions relating to mining, excavation or mineral extraction activities in order to protect the health, safety, welfare, environment and natural resources of the citizens of Baker County. Further, the county intends to advance the clearly articulated, affirmatively expressed and actively supervised state policy as expressed in F.S. ch. 211. The criteria within this section are declared to be the minimum necessary to protect the health, safety and welfare of the citizens of the county. Approval for mining, excavation and mineral extraction activities through permissible use and by mine permit (see subsection 24-159(g)) in the review process.

(d)

Permitted uses. Activities associated with mining, excavation, reclamation, contouring, heavy mineral mining and mining operation activities as defined herein are permitted by right or as a permissible use by mine permit subject to the terms and conditions of Baker County's Land Development Regulations.

(e)

Uses not permitted. Any use not described in subsection (d) of this section as determined by the community development director or his designee.

(f)

Location criteria.

(1)

Minimum area is ten acres.

(2)

Access to a public right-of-way.

(3)

The area to be mined must be located a minimum of 500 feet from an off-site water body, or at a minimum distance from any water body so as not to adversely impact the minimum flows and levels established pursuant to F.S. § 373.042, as amended, which maintain the water resources or ecology of the area for any affected water body, to maintain its ecological health and ecological community structure, whichever is greater.

(g)

Application requirements for mine permits.

(1)

The applicant shall be required to attend a pre-application conference with the community development department staff. The director shall invite, as a minimum, representatives from the St. Johns River Water Management District, and the department of environmental protection to attend the conference.

(2)

The applicant shall complete the appropriate application forms as provided by the community development department which shall include: A boundary survey or sketch of the area to be mined; a legal description of the property; the name and address of the owner and, if applicable, evidence of the assignment of an agent who represents the owner; a topographic map at an appropriate scale showing existing contour lines, including all existing buildings, wooded areas, and unique natural features; the location of any habitat of threatened, endangered or special concern plant and animal species; the location of any wellfields on the property; the location of any high aquifer recharge areas; the location of floodplain within the property, approximate location of wetlands, environmentally sensitive lands and proposed setbacks, boundary survey including the U.S.D.A. Baker County soil survey, soil mapping units of all mining units.

The applicant shall provide sufficient information including, but not limited to, onsite data and engineering calculations so as to provide reasonable assurance the proposed activity shall not degrade or threaten nor violate state water quality standards in the Floridan Aquifer, during and post mining at the site. This shall include a description of spill potential, normal mining operations, or sinkholes and any other direct threat to the Floridan Aquifer from mining operations.

The applicant shall pay the applicable fee.

(3)

The applicant shall complete a site plan substantially in conformance with the requirements of subsection 24-456(c)(5). The specific requirements will be determined at the pre-application conference.

(4)

The applicant shall prepare an environmental assessment report that describes the effects of the proposed mining operation on the groundwater quantity and quality as a result of the mining operation, fugitive dust control measures and the land use within one mile of the site.

The assessment shall also address the impact of the proposed mining operation both onsite and offsite on the local jurisdictional wetland flora and fauna for wet and dry seasons (based on historic precipitation data) for pre- and post-mining conditions due to decreased or increased groundwater or surface water elevations at the site.

(5)

A proposed contour map shall be provided to the community development department depicting topographic and drainage characteristics.

(6)

The applicant shall post a financial assurances performance bond in the amount of 100 percent of the cost of contouring, reclamation, restoration and re-vegetation as defined in the "reclamation plan" to ensure compliance with all state and local regulations. The applicant, at his option, may provide the amount as established by the board of county commissioners upon the advice of the community development director, in an irrevocable letter of credit, negotiable certificate of deposit, or escrow agreement, to ensure that the excavation shall be performed in conformance with all state and local regulations. The provision of financial assurances to the state or a water management district pursuant to an environmental resource permit shall be deemed to satisfy this requirement.

(7)

The applicant shall prepare a contouring, reclamation, restoration and re-vegetation plan ("reclamation plan") that would meet the requirements of a conceptual plan under Florida law as specified herein and set the cost of reclamation as described hereafter. The reclamation plan shall include information necessary to confirm compliance with state and county reclamation requirements. For heavy mineral mining, the information required for reclamation plans under Florida Administrative Code Rule 62C-37.003 shall be included in the application unless otherwise approved by the county manager. For reclamation of solid resources other than phosphate, limestone, heavy minerals and Fuller's Earth, the information required for reclamation plans under Rule Chapter 62C-39.008, Florida Administrative Code shall be included in the application unless otherwise approved by the county manager. All such reclamation plans shall include information necessary to meet county requirements as set forth herein, as well as the state requirements for reclamation.

(8)

In no case shall excavation occur within 100 feet of any public roadway except those roads on site or within 100 feet of the property line, and except where the approved mine area includes the crossing of a public roadway or the relocation of a public roadway.

(9)

Mine permit general conditions. All mine permits shall comply with each of the following protections:

a.

Reclamation plan. All mining, excavation, reclamation, restoration, contouring, heavy mineral mining and mining operations shall be consistent with the county's approved reclamation plan for the proposed mine operation. The community development director shall require, at the applicant's expense, an independent written review by an appropriately licensed professional with mining experience, preferably with reclamation plan experience, to meet the requirements of the reclamation plan, which reviews compliance with this chapter. Supervision of the reclaimed site shall be under the supervision of an appropriately licensed professional with mining experience preferably with reclamation plan experience, to ensure the site(s) are returned, stabilized and suitable for future use as detailed in the approved reclamation plan.

b.

Air quality. All mining, excavation, reclamation, contouring, heavy mineral mining and mining operations shall undertake fugitive dust control measures as specified herein. Where the operations area is within 500 feet of an existing residence, such area shall be buffered from the residence to address air, noise and other potentially negative impacts. Air pollution modeling or other county approved calculation of potential small particle transport and human exposure potential shall be provided to the county for consideration relating to the issuance or denial of the permit. Examples include a minimum 150-foot buffer of mature trees or natural or planted vegetation at least six feet in height or a stabilized earthen berm having at least four feet in height to remain in place until reclamation activities are undertaken in the area. No land clearing or non-prescribed burning shall take place within the buffer areas. No buffer is required where mining is adjacent to undeveloped land or silviculture. All buffering measures shall be approved by the community development director.

c.

Land resources. All excavation, mining and mineral extraction shall require reclamation, restoration and re-vegetation through the use of mulch, liquid, resinous adhesives with hydroseeding, sod, or supplemental seeding with native ground cover. All topographical features, drainage patterns and contouring shall be restored in accordance with the conceptual reclamation plan approved as part of the mine permit. Depending on climatic conditions, fertilizers will be added to stimulate ground cover.

d.

Water resources. All excavation, mining and mineral extraction shall comply with federal, state and local laws, rules and regulations to ensure water quality is monitored and maintained. The mining activity shall not impact the natural groundwater surface elevations beyond the boundary of the applicant's property. The proposed mining activity shall not adversely affect wetland flora, and the functional value provided to fish and wildlife and listed species by jurisdictional wetlands and other surface waters within the applicant's property unless mitigation is provided. The mining activity during and post mining shall not degrade water quality in the Floridan Aquifer. The mining activity shall comply with the state water quality standards of discharge at the point(s) of discharge from the applicant's property in groundwater or class standards of surface waters at the point of discharge into any affected water body. The permit holder shall send copies of groundwater monitoring reports quarterly through the completion of mining activities or as provided for in the permit.

e.

Wetlands. All mined wetlands shall be reclaimed or mitigated as specified in the approved reclamation plan. When possible, and consistent with state and federal regulations, mitigation shall be onsite or within the boundaries of Baker County.

f.

Historical and archaeological. Should regionally significant historical and archaeological resources be discovered in the course of development, the community development director shall be notified immediately to investigate the significance of the findings.

g.

Wildlife and plant habitat. All mining, excavation, reclamation, contouring, heavy mineral mining and mining operations shall comply with federal and state laws, rules and regulations as set forth in federal or state permits issued to the applicant to conserve or improve the status of endangered and threatened animal species and preserve endangered, threatened, and commercially exploited plants.

h.

[Reclamation and restoration to be identified.] Prior to the commencement of excavation, mining and mineral extraction activities, any conceptual mine reclamation plan required by the Florida Department of Environmental Protection or other federal agencies or state agencies, as applicable, shall identify the reclamation and restoration requirements for the area to be mined. Copies of the permits issued by the department of environmental protection and those that may be required by other state agencies shall be submitted to the community development director when issued by such agencies.

(h)

Action by the board of county commissioners. In addition to the requirements of subsection 24-159(g), the applicant shall provide all relevant factual data, materials and/or oral testimony to support the action requested in the application for a mine permit. The board of county commissioners shall also review written and/or oral comments from the public in accordance with its established procedures.

After notice and two public hearings, the first of which may be conducted by the LPA, in accordance with article X of this chapter and the county comprehensive plan, the board of county commissioners may enact an ordinance establishing a mine permit including any special conditions related thereto, after consideration of the following and based upon findings that:

(1)

The proposed mine permit does not affect adversely the environment or orderly development of the county and does not adversely impact surrounding land use in accordance with this section.

(2)

The proposed mine permit is consistent with the county's goals, objectives and policies contained in the comprehensive plan. The board of county commissioner shall consider: The physical characteristics of the subject parcel and surrounding lands; impact on the surrounding transportation network; the availability and capacity of public services; and applicable development standards promulgated by the board of county commissioners.

(3)

The proposed mine permit will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use of adjacent properties or the general neighborhood.

(4)

If the proposed reclamation would result in significant changes to the post mining topography, the county shall consider whether the proposed reclamation maintains or improves the uses and functions present on the site prior to commencement of the mining operations or provides alterations which serve a public purpose, such as enhancement of aquifer recharge, changes which maintain or improve the land's suitability for economic development, utilization by wildlife or recreational purposes. If the proposed reclamation would result in the creation of one or more permanent lakes, the county may consider whether the lakes are shaped at their banks in a manner similar to naturally occurring lakes in the Baker County area, and whether the slopes are designed and shaped to be stable and afford opportunities for future access and use, and whether the proposed reclamation plan incorporates reasonable future uses of the lake(s).

(5)

If the board of county commissioners enacts an ordinance approving a mine permit, the mine permit area shall be indicated on the official zoning map. All maps, plans, documents, agreements, stipulations, conditions, and safeguards constituting the development plan as finally approved shall be placed on file with the community development department and shall constitute the regulations for the specific mine permit that has been approved. All mining activities within the boundaries of the mine permit as approved shall take place in accord with such regulations.

(6)

Approval of an application for a mine permit by the board of county commissioners shall be contingent upon acceptance by the applicant within 30 days.

(i)

Approval of the mine permit. If a mine permit is approved with conditions which modify the development plan submitted for final approval, then after approval by the board of county commissioners, the applicant shall submit a revised development plan to the community development director for review. The community development director shall review the development plan for conformance with the ordinance passed under subsection (h) of this section. Action to approve, modify or deny the site development plan shall be taken by the community development director within 30 days of receipt of the plan.

(j)

Appeals. Any injured or "aggrieved party" by the final actions of the board of county commissioners may present to the circuit court of the county a petition for writ of certiorari to review such final action as provided in F.S. § 125.018. Such petition shall be presented to such court within 30 days after the date of such final action by the county. The appeal shall be in writing and shall identify with particularity the reasons why the decision of the county should be overturned based upon the applicable county criteria. Failure to file an appeal within said 30 days shall be deemed a waiver of all appellate rights.

(k)

Limitations. No written application by an owner of real property for a mine permit for a particular parcel of property, or part thereof, shall be filed with the community development department until the expiration of 12 calendar months from the date of denial of a written application for mine perm it for such property, or part thereof, unless the board of county commissioners specially waives said waiting period based upon a consideration of the following factors: the new written application constitutes a proposed mine permit different from the one proposed in the denied written application; failure to waive the waiting period constitutes a hardship to the applicant resulting from mistake, inadvertence, or newly discovered matters of consideration.

(LDR 2014, §§ 3.04.07.24, 3.04.07.24B, 3.04.33, 3.04.33a—3.04.33f; Ord. No. 2013-04, § 1, 7-15-2014; Ord. No. 2017-05, § 3, 7-18-2017)

The term "truck stop" means an establishment where the principal use is primarily the refueling and servicing of trucks and tractor/trailer rigs. Truck stops may have restaurants or snack bars and sleeping accommodations for the drivers of such over-the-road equipment and may provide facilities for the repair and maintenance of such equipment.

(LDR 2014, § 3.04.07.25; Ord. No. 2013-04, § 1, 7-15-2014)

(a)

The applicant shall submit a site plan signed and sealed by a professional engineer registered in the State of Florida to the community development department illustrating the standards established in subsection 24-161(e). The community development department shall review the application within 30 working days of submittal and issue a letter confirming that the application conforms to this section. Borrow pits with a surface area totaling less than ten acres in size may be permitted in agricultural and industrial zoning districts, or if a surface area totaling ten acres or more in size may be permitted by special exception, provided that: The parcel of land on which the borrow pit is situated is at least twice the size of the proposed borrow pit; the applicant complies with policies E.1.5.1, and E.1.5.3 of the county comprehensive plan; the borrow pit is situated no closer than 100 feet from an existing public roadway and no closer than 500 feet from any adjacent development or landowner. All borrow pits shall be no more than 35 feet in depth.

(b)

The applicant shall obtain all permits from the water management district for borrow pit projects. The applicant shall be responsible for determining requirements of the water management district. The applicant shall provide the community development department with copies of said permits necessary to operate the borrow pit or, if the water management district determines no permit is required for the construction and operation of the borrow pit, written verification from the water management district exempting the borrow pit from the district's permitting requirements.

(c)

Where the water management district determines that no permit is required for the construction and operation of the borrow pit, the borrow pit shall be no closer than 100 feet setback from any property boundary not under common ownership.

(d)

Borrow pits shall not be closer than 100 feet to any part of a septic tank system.

(e)

Application requirements for borrow pits. An application for a borrow pit shall contain the following documentation:

(1)

All documentation required by the water management district;

(2)

Access to the project (note: owner to provide access to the appropriate county personnel for the purpose of inspection during normal working hours and at reasonable times when work is in progress);

(3)

Fence detail, if side slopes are less than four feet horizontal to one foot vertical (4:1) down to two feet below mean low water level;

(4)

Location and setbacks to: Property lines, structures, septic tanks, wetlands, right-of-way, easements and existing bodies of water;

(5)

Documentation of the seasonal high groundwater level using soil bore to determine lithology if excavation will be deeper than 12 feet below the seasonal high ground water table elevation as referenced in Rule 40C-42.026, F.A.C.;

(6)

Any access/haul roads that abut a public or private paved road shall provide for edge of pavement stabilization with a minimum depth of six inches, which stabilization may consist of compacted crushed crete, lime rock, slag rock or asphalt millings, to protect pavement edge; and

(7)

Access points abutting a public or private road shall be no less than 12 feet in width.

(f)

Duration of county approval. County approval to operate a borrow pit shall expire on the expiration date of the permit(s) issued by the water management district. If the operator obtains an extension of the permit(s) by the district, the operator shall provide the community development department with a copy of the permit extension approval. The community development department shall extend county approval to operation of the borrow pit to that expiration date established by said water management district permit. In the event no permits are required by the water management district, then the county approval shall expire two years from the date of the county's approval.

(Ord. No. 2017-05, § 3, 7-18-2017)