The purpose of this article is to describe the specific uses and restrictions that apply to land use districts in the land use element of the Comprehensive Plan. These regulations are intended to allow development and use of property only in compliance with the goals, objectives, and policies and standards of the Cedar Key Comprehensive Plan.

(History: Ord. No. 242)

Abut means to physically touch or border upon, or to share a common property line.

Accessory use means a use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel with the principal use.

Aquaculture land based nurseries means a land based, water dependent, aquacultural use, involving the cultivation of clam and oyster seedlings.

Adult Congregate Living Facility (ACLF) means a type of residential care facility, defined in F.S. ch. 400, pt. II. (See: "Special Housing")

Bed and Breakfast. See "hotel/motel unit."

Density or gross density means the total number of dwelling units divided by the total upland site area, less any dedications, or public right-of-way.

Dwelling unit means a single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation.

Hotel/motel unit means a temporary or transient dwelling unit, including a unit in what is commonly referred to as a "bed and breakfast," which does not provide housekeeping, eating or cooking facilities.

Infrastructure means systems and facilities which provide for public or common use, such as potable water, wastewater disposal, transportation or parking, stormwater disposal, solid waste and recreation.

Junkyard means premises or portions thereof used for the storage or sale of used and discarded materials. The storage for a period of two or more months of two or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this Code, such uses as automobile reclaiming, wrecking or salvage businesses and recycling centers shall be considered junkyards.

Lot means a designated parcel, tract, site or area of land established by plat, subdivision or as otherwise allowed by law.

Manufactured housing means housing that is mass produced in a factory; designed and constructed for transportation to a site for installation and use when connected to required utilities; and either an independent, individual unit or a module for combination with other elements to form a building on the site.

Multi-family dwelling means a residential structure of two or more dwelling units.

Parcel means a unit of land within legally established property lines.

Recreation vehicle means a vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use including, but not limited to, travel trailers, truck or trailer campers, and self-propelled motor home.

Recreation vehicle park means a parcel set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such parcel, for the parking, accommodation, or rental of recreational vehicles.

RV park subdivision means a recreation vehicle park which is divided into two or more lots with separate legal descriptions for the purpose of sale or conveyance of the individual lots.

Single-family dwelling means a structure containing one dwelling unit, and not attached to any other dwelling unit by any means. A single-family unit may contain one accessory apartment pursuant to this Code.

Special housing means an adult congregate living facility, foster home or group home licensed by HRS which provides a family living environment including supervision and care necessary to meet physical, emotional, economic and social life needs of four or more unrelated persons.

Land use districts are established in the City Comprehensive Plan, Future Land Use Element, including Exhibit 1-6, Exhibit 1-6a, and Exhibit 1-10. The land use districts, classifications, and standards defined in the Future Land Use Element of the City Comprehensive Plan and delineated on the Future Land Use Map shall be the determinants of permissible activities on any parcel in the jurisdiction. Refer to the plan for the definitions of each use category.

A.

Land use districts consist of the following:

1.

Residential

2.

Commercial

3.

Conservation

4.

Mixed use

5.

Public/semi-public

6.

Recreational

B.

There is no land classified as agricultural or industrial in the City, however, aquaculture is a use allowed by an administrative special use permit in the Commercial Land Use District, including the overlay map area as depicted in Chapter 3, Exhibit 1-10. A request for agricultural or industrial use may be considered by amendment to the Comprehensive Plan.

Uses allowed in this part are subject to deed restrictions which may apply, the established character of the area, vocational limitations, density/intensity standards and the provisions of this Code and the Comprehensive Plan.

This category includes a wide variety of residential uses depending on the existing character of the neighborhood, location, and compatibility, design and development, resource protection, and other standards and provisions of the Code.

A.

Principal uses include:

1.

Single-family dwellings,

2.

Accessory dwelling,

3.

Multi-family dwellings,

4.

Modular and manufactured housing (except recreational vehicles),

5.

Special housing (group homes, foster homes, ACLF),

6.

Outdoor recreation,

7.

Residential docks and boathouses not used for commercial purposes (subject to the restrictions of Section 4-7.02.05 and other applicable provisions of this Code).

8.

Public utilities, and

9.

Home occupations,

B.

The following uses are allowed by conditional use pursuant to the procedures at 12.05.00 of this chapter:

1.

Hotel/motel units, including those which provide housekeeping, eating and/or cooking facilities.

2.

Aquacultural land-based nurseries that do not qualify as a home occupation due to the failure of the proposed use to comply with the criteria at 4-7.02.02 A., B., D., and/or H. A proposed aquacultural land-based nursery that does not comply with any of the requirements at 4-7.02.02 C., E., F., G., and I., may not be allowed as a conditional use.

3.

Parking for vehicles and boat trailers launching boats used solely for aquacultural purposes and within 1,000 feet of a boat ramp.

4.

Offices on existing lots abutting "D" street.

5.

Primary care medical facilities.

(History: Ord. Nos. 361, 386, 427)

This category includes any commercial uses which meet locational, compatibility, buffering, performance, resource protection, design and development, and other standards and provisions of this Code. Uses include, but are not limited to general commercial (retail stores, restaurants and lounges, hotels and motels, recreational vehicle parks, professional offices and other product and service activities), water-dependent commercial (commercial fishing, marinas and public use water oriented recreation), water-related commercial (fishing and marine supplies and tourism related business which provides water access or scenic water views as an integral part of the business activity), recreation, public utilities, and one single-family residential use per site. Aquaculture shall be allowed subject to issuance of an administrative special use permit in accordance with the procedures in 4-12.13.00 of this chapter.

Aquaculture - (overlay of commercial as depicted in Chapter 3, Exhibit 1-10) - This category includes (i) aquaculture, commercial fishing and other shell fishing that is lawful; and (ii) residential. Commercial uses described in the first paragraph of this section are permissible subject to conditional use approval procedures. Aquaculture means the cultivation of aquatic organisms and associated activities, including, but not limited to grading, sorting, transporting, harvesting, holding, storing, growing, and planting. In addition, aquaculture is considered agriculture.

Conditional Uses: The following uses are allowed by conditional use pursuant to the procedures at 4-12.05.00 of this chapter:

A.

Hotel/motel units which provide housekeeping, eating and/or cooking facilities.

B.

Recreational vehicle park subdivisions. Except as otherwise provided herein, all other portions of this Code applicable to recreational vehicle parks and the commercial category shall apply. It is the intent of this provision to allow subdivision of recreational vehicle sites but not permit permanent residential housing on such subdivided lots. Subdivisions hereby authorized shall demonstrate compliance with the following requirements:

Standards. In addition to the considerations in Section 4-12.05.00, the property must meet the following standards:

1.

The property must include a minimum of four one-half acres of upland.

2.

Accessory buildings customarily incidental to the operation of an RV park shall be allowed.

3.

There must be a caretaker living on site. The caretaker must reside on site in a permanent building or manufactured home that meets all Cedar Key building code requirements.

4.

The property owner must comply with all procedures in Article XII relating to development plan approval.

Recreational vehicle park subdivisions meeting the requirements of this subcategory may be subdivided pursuant to F.S. ch. 177. The minimum lot area required by Section 4-6.01.01 shall not apply. The minimum lot size shall be 2,100 square feet. Eligible properties may be subdivided and sold for condominium units, sold for individual ownership, rented or leased.

Maximum length of occupancy. Continued occupancy of a recreational vehicle on any lot within a recreational vehicle park subdivision for more than 180 days per calendar year is prohibited and shall constitute a violation of the conditional use permit and shall be subject to code enforcement.

(History: Ord. No. 424)

This category includes environmentally sensitive areas with characteristics that limit development to outdoor recreation, water-dependent commercial, and water-dependent residential accessory uses (docks, boathouses).

Permissible uses include single-family, multi-family residential, commercial uses as described for the commercial land use category, and public/semi-public uses as described for the public/semi-public land use category.

This category includes schools (except dance or martial arts type schools), churches, day-care centers and pre-schools, public and governmental services, cemeteries (without funeral homes), nursing homes and residential care facilities, utilities, medical facility, civic/cultural facility, recreation and one single-family residential use per site.

This category includes areas for outdoor recreation activities such as picnicking, jogging, cycling, arboretums, hiking, playgrounds, ball fields, outdoor ball courts, swimming pools and water-related or water-dependent recreation such as boat ramps, public marinas, fishing piers, beaches and similar outdoor uses. Specifically excluded: firing ranges, race tracks, miniature golf or commercial recreational activities.

The following are (density and intensity standards) for development in Cedar Key:

A.

Maximum density for the residential land use category is 4.9 dwelling units per acre; except that the City shall allow one dwelling unit per parcel of record or lot of record. A lot of record means a platted lot in existence on February 17, 1997. A parcel of record means any parcel of land recognized as a single parcel for ad valorem taxation purposes by the Levy County Property Appraiser's office on February 17, 1997. Additionally, in the area shown on exhibit 1-6a, the City shall allow development that conforms to the historical building patterns of the defined area. Maximum impervious surface is 40 percent in the Coastal High Hazard Area and 50 percent otherwise.

B.

Maximum intensity for commercial, public/semi-public, and recreation is measured by impervious surface and height standards. Impervious surface is limited to 40 percent within the coastal high hazard area and 50 percent in other locations.

C.

The height of structures, but not appurtenances, shall not exceed 32 feet for structures with flat roofs, and 38 feet for structures with pitched roofs.

Height shall be measured from the base of the structure to the highest point on the roof of the structure. The base of the structure shall be the highest point of the natural or existing ground elevation immediately adjacent to the subject building or structure; except that in those area of the City located within the coastal high hazard area as delineated on the Flood Insurance Rate Map (FIRM), the base is the base flood elevation as established on the FIRM.

Exceptions from the height limitation for church spires, chimneys, water towers, transmitter towers, smoke stacks, flagpoles, television antennae, parapets, and similar structures and their necessary mechanical appurtenances may be provided for in the Land Development Code.

D.

Maximum intensity for development in the conservation land use category is ten percent impervious surface coverage.

E.

Development within the mixed use category shall not exceed the impervious surface and height limits established for commercial uses. Residential densities shall not exceed 4.9 dwelling units per acre. Residential uses shall not exceed 75 percent of the land area within a block designated for mixed-use development. Public/semi-public uses shall not exceed 25 percent of the land area within a block designated for mixed-use development. Commercial uses may be 100 percent of the land area within a block designated for mixed-use development. (The mixed-use ranges are shown in the following table.)

F.

The calculation of percentage of each use shall be based on a full block, bounded on all sides by public right-of-way, or on three sides by public right-of-way and the fourth side by water. Each block within the designated mixed use area on the Future Land Use Map shall be tracked separately for purposes of determining compliance with this policy

G.

The above impervious surface standards shall apply to all new development and redevelopment, (for purpose of the above impervious surface standards, redevelopment shall be defined as projects where the estimated value of construction exceeds 50 percent of the assessed value of the improvements on the property as shown on the tax assessment roll at the time of construction).

Development of commercial sites in the CHHA for water-dependent uses may be authorized at 50 percent ISR and 100 percent FAR. Development so permitted shall be restricted to water-dependent uses through recorded deed restrictions.

Redevelopment of substantially damaged (over 50 percent) structures shall conform to the density-intensity standards of this Code.

For the purposes of this Code, available land area shall be determined by excluding dedications, rights-of-way, conservation areas, and submerged lands wholly within the site or seaward of the mean high water line or any existing bulkhead. Net square feet of land so determined shall be divided by 43,560 to calculate the number of acres or any fraction thereof and shall be expressed as whole and/or decimal numbers rounded to the next higher or lower one-hundredth (.00) above or below 5/1000 (.005).

(History: Ord. No. 404)

Net available land area as determined in part 4-2.03.01 shall be multiplied by the maximum density allowed. Fractional numbers of five-tenths (5/10, .5) or greater shall be rounded to the next whole number or reduced to the lesser whole number if less than five-tenths. The resulting whole number shall indicate the number of residential units allowed, except as otherwise provided in this Code.

Those land use districts designated as commercial or industrial shall be limited to one accessory apartment dwelling unit per site, as defined in Article VII of this Code, provided that the total land area is sufficient to meet all other provisions of this Code.

Manufactured housing not meeting the standards of the Florida Manufactured Building Act shall be allowed only in a mobile home park or mobile home subdivision existing at the time of adoption of FEMA Ordinance 220/221, unless authorized by a temporary use permit (7.02.04).

Development in the historic district or proposed as infill, as provided in Article III of this Code, may be permitted at the average existing density of development which abuts the site, provided that all other provisions of this Code are met.

Adult congregate living facilities, group homes and foster homes shall be permitted in any residential neighborhood at a density of one special housing facility per 100 single-family residential units.

It is the purpose of this part to encourage new development and redevelopment that is designed and constructed to provide low and moderate income housing.

Low income means less than 80 percent of the median family income for the area or the state, whichever is higher, as determined by HUD, FmHA or the Levy County Housing Authority.

Moderate income means 80 percent to 120 percent of the median family income for the area or the state, whichever is higher, as determined by HUD, FmHA or the Levy County Housing Authority.

Density and intensity bonuses shall be based on the time duration of the proposed development and the income range of the low and/or moderate income housing market. Any increase in residential units allowed as a density bonus shall be subject to binding agreements, including deed restrictions, which control or limit the sale, resale, rental or use of bonus units to eligible low or moderate income persons for the prescribed period of time. The agreement shall provide a penalty for non-compliance. The penalty fee shall be based on the sale or rental price in excess of the limit imposed by the income eligibility standard pro-rated to the remaining time duration of the bonus allowed. Proceeds from penalties imposed shall be restricted to a City low and moderate income housing fund which meets state or federal program requirements and shall be used solely to provide low and/or moderate income housing. Developers may pay a fee in lieu of providing low and/or moderate income housing in order to provide said housing at another location. The fee in lieu shall be computed on the same basis as the penalty fee and shall be restricted for said purposes.

Density and intensity bonuses shall be based on the following table indicating gross density allowed including the five units per acre allowed as a matter of right under this Code: