Center Hill City Zoning Code
DIVISION 2
FUTURE LAND USE CATEGORIES, DENSITIES AND INTENSITIES
Sec. 13-410. - Future land use categories.
The following nine future land use categories have been established in the Future Land Use Element of the comprehensive plan and assigned to specific areas of the incorporated portion of the city, as indicated on the Future Land Use Map (FLUM). The nine future land uses, includes conservation, agriculture, rural residential, urban residential, general commercial, industrial, recreational, public uses/institutional and mixed use.
Sec. 13-411. - Base densities and intensities.
(a)
Base residential densities. Subject to other provisions of this Code, maximum base residential densities and non-residential intensities for development in the various future land use categories have been established by the future land use element of the comprehensive plan and are contained in Table 13-414A.
Sec. 13-412. - Density and intensity increases.
(a)
Special purpose density/intensity increases. The base densities and intensities of section 13-414 may be increased for the special purposes herein specified, provided such increases are permitted by section 13-413.
(1)
Lineal descendants/ascendants. The base densities and intensities of section 13-414 may be increased for the special purposes herein specified, provided such increases are permitted by section 13-413.
a.
The purpose of this section is to provide for the use of a parcel(s) as a homestead by a grandparent, parent, stepparent, adopted parent, child, stepchild, adopted child, or grandchild of a person who conveyed the parcel, notwithstanding the density of use assigned to the parcel by the City of Center Hill Comprehensive Plan, future land use map.
b.
Parcels may be created under this section only from parent parcels which the grantor has a homestead exemption granted by the Sumter County Property Appraiser for a period of not less than five consecutive years. This subsection b. does not apply to a parent parcel owned as of September 30, 2006.
c.
No building permit shall be issued to any person other than the family member to whom the property was conveyed, or their inheritors, for a period of three years after the conveyance.
d.
A property owner may transfer only one parcel of land to each family member set forth above.
e.
The maximum number of parcels that may be created from a parent tract under this section is six.
f.
Parcels created and remainder parcels in areas designated as agricultural on the FLUM shall have a minimum area of two acres each. Parcels created and remainder parcels in other residential categories shall each have the minimum area required by the parent tract's land use category on the FLUM.
g.
No transfer shall be allowed to a family member who has not attained age 18.
h.
Parcels created hereunder shall front on a paved private road, a publicly maintained road or an easement. If a private easement is involved, it shall be a non-exclusive easement for ingress, egress and utilities; shall connect to a publicly maintained road, and have a minimum width of 50 feet.
i.
Flag lots are only permitted on parcels ten acres or greater within the agricultural future land use.
j.
This section shall not apply to lots in platted subdivisions.
k.
Parcels not served by public potable water and sanitary sewer must contain a minimum of one acre of usable land appropriate for siting of a residential structure, private well and septic system. Parcels served by public potable water but not sanitary sewer must contain a minimum of one half acre of usable land appropriate for siting a residential structure and septic system.
l.
The deed of conveyance shall include the following on the face of the deed and no re-zoning of the parcel to implement the provisions of this section shall be processed without a copy of the recorded deed being provided to the city, to-wit:
"This conveyance creates a family exemption parcel which is subject to all regulations and restrictions as set forth in section 13-412(a)(1) of the City of Center Hill Land Development Code."
(2)
Joint ownership of property. Owners of a parcel of record, who acquired said property prior to February 3, 1992, owning as tenants in common or joint tenancy, or owners who have inherited or may inherit a parcel of property may transfer property between themselves for the purpose of dissolving the tenancy in common or joint tenancy among those tenants, provided the number of parcels created under this exemption does not exceed the number of tenants, provided such increases are permitted by section 13-413 in common or joint tenants and subject to the following restrictions:
a.
Parcels created and remainder parcels in areas designated as agricultural on the FLUM shall have a minimum area of two acres each. Parcels created and remainder parcels in other residential categories shall each have the minimum area required by the parent tract's land use category on the FLUM.
b.
Parcels created hereunder shall front on a paved private road, a publicly maintained road or an easement. If a private easement is involved, it shall be a non-exclusive easement for ingress, egress and utilities; shall connect to a publicly maintained road, and have a minimum width of 50 feet.
c.
Flag lots are prohibited.
d.
This section shall not apply to lots in platted subdivisions.
(3)
Conservation subdivision density bonus.
a.
Residential densities in the agricultural category may be increased from one dwelling unit per ten acres to one dwelling unit per three acres provided a proposed development achieves at least 20 points out of a possible 171 points. Points shall be awarded according to Future Land Use Policy 1.1.2U of the Comprehensive Plan.
(b)
Increased density development requirements. Developments seeking increased density identified in subsection 13-412(b) shall develop pursuant to the provisions of this subsection, provided such increases are permitted by section 13-413.
(1)
In agricultural category. Density of development in the agricultural category may be increased above the base intensity of section 13-414 by the clustering of the allocated lots on a portion of the parcel, with the balance of the required development tract reserved as an agricultural conservation easement, as follows:
a.
Where gross development density is not more than one dwelling unit per ten acres:
1.
Lots may be clustered contiguously on suitable upland away from environmentally sensitive lands and away from existing agricultural uses on adjacent properties, on not more than the following percentages of the development tract:
a)
If one to four lots are created—75 percent.
b)
If five to 20 lots are created—50 percent.
c)
If 21 to 100 lots are created—25 percent.
2.
Minimum parcel size may be decreased to the following:
a)
Where one to four parcels are created—two and one-half (2.5) acres.
b)
Where five to 100 parcels are created—one acre.
b.
Where gross development density is between one dwelling unit per five acres and one dwelling unit per ten acres:
1.
Lots shall be clustered contiguously on suitable upland away from environmentally sensitive land, including wetlands and 100-year floodplains, and away from existing agricultural use on adjacent properties, on not more than the following percentages of the required development tract:
a)
If one to 20 lots are created—50 percent.
b)
If 21 to 100 lots are created—25 percent.
2.
Minimum parcel size may be decreased as follows:
a)
Where no central water and sewer system is provided—one acre.
b)
Where central water and septic tank is provided—one-half (1/2) acre.
c)
Where central water and sewer system is provided—one-fourth (1/4) acre.
c.
Where gross development density is not more than one dwelling unit per three acres:
1.
Lots shall be clustered contiguously on suitable upland away from environmentally sensitive land, including wetlands and 100-year floodplains, and away from existing agricultural use on adjacent properties, on not more than the following percentages of the required development tract:
a)
If one to 20 lots are created—50 percent.
b)
If 21 to 100 lots are created—25 percent.
2.
Minimum parcel size may be decreased as follows:
a)
Where no central water and sewer system is provided—one-half (1/2) acre.
b)
Where central water and septic tank is provided—one-fourth (1/4) acre.
c)
Where central water and sewer system is provided—one-sixth (1/6) acre.
d.
Agricultural conservation and conservation easements. Required agricultural conservation and conservation easements shall be provided as open space, used only for agriculture (no mining), passive recreation or preservation of natural areas. The intended usefulness of such easements shall not be impaired, shall remain in perpetuity, or until released by law, and shall be recorded as such in the records of Sumter County prior to a development permit being issued for the project.
Sec. 13-413. - Overlay zones.
There are areas within the city that may not be developed at base or increased densities/intensities, or otherwise permitted uses, because of overriding considerations related to public health, safety and welfare. These areas are designated as overlay zones and are established and regulated as follows:
(a)
Environmental overlay zones.
(1)
Description.
a.
As defined in Policy 4.8.4 of the Conservation Element of the comprehensive plan, the following are determined to be environmentally sensitive areas:
1.
Wetlands as identified on Map 4-1 of the Conservation Element of the comprehensive plan. In addition to Map 4-1, wetland areas shall be as determined by SWFWMD, and such determined wetland areas shall be considered "environmental" overlay zones.
2.
Natural reservations as identified on in Policy 4.9.2 and shown on Map 4-1 of the Conservation Element of the comprehensive plan.
3.
Local areas of environmental concern as identified on Map 4-1 of the Conservation Element of the comprehensive plan.
b.
These environmentally sensitive areas are hereby established as "environmental" overlay zones meaning that these zones may be used in a manner permitted in the underlying future land use category only if such use is permitted in the applicable overlay zone.
(2)
Density/intensity/use limitations. Notwithstanding the base and increased densities of sections 13-414 and 13-412, development densities and intensities and uses within the environmental overlay zones shall be subject to the following:
a.
Development within the agricultural category shall be reduced to one dwelling unit per ten acres unless mitigation measures to overcome the development constraints are provided, including central water and central sewer.
b.
Development within an urban development area and in other residential categories shall be reduced as follows:
1.
Developments without central water or central sewer shall be limited to one dwelling unit per five gross acres.
2.
Developments with central water and individual septic tank shall be limited to one dwelling unit per two and one-half acres.
3.
Developments with both central water and central sewer shall be limited to the density/intensity/use limitations allowed by the applicable zoning district.
c.
Notwithstanding the uses permitted by this Code, development activity shall comply with regional, state or federal regulatory agency having authority in wetlands.
(b)
Constrained lands overlay zone.
(1)
Description.
a.
Policy 3.2.1.6 of the Infrastructure Element of the comprehensive plan indicates that certain areas with soils that have one or both of the following characteristics: (i) severe limitations for septic tank use (ii) soils of the hydrologic group "D". These land areas are hereby established as "constrained" overlay zones, meaning that these zones are overlaid upon future land use categories and the lands may be used in a manner permitted in the underlying zoning district only if and to the extent such use is also permitted in the applicable overlay zone.
b.
Notwithstanding the presumption above, a property owner may prepare the necessary studies to rebut the finding that his property has the constraints indicated in Policy 3.2.1.6 of the Infrastructure Element. Such studies shall include verification of soil types by a soil scientist or geologist. The results of a study shall be utilized as follows:
1.
If the total of the actual constrained area plus the wetlands and 100-year floodplain area is less than 50 percent of the proposed development tract, the development will not be subject to the density and minimum lot size adjustments of subsection (2), provided all proposed development occurs on the unconstrained portion of the development tract.
2.
If the total of the actual constrained area plus the wetlands and 100-year floodplain area is 50 percent or more of the proposed development tract, the development shall be subject to the density and minimum lot size adjustments of subsection (2).
(c)
Density/intensity/use limitations. Notwithstanding the base and increased densities of sections 13-414 and 13-412, development intensities within the areas determined to be constrained overlay zones shall be subject to the following:
a.
In agricultural category.
1.
Where gross development density is not more than one dwelling unit per ten acres, the minimum parcel size shall be as follows:
a)
Where no central water and sewer system are provided—five acres.
b)
Where central water system and individual septic tanks are provided—two and one-half (2.5) acres.
c)
Where central water and sewer system are provided, and:
1)
One to four lots are created—two and one-half (2.5) acres.
2)
Five to 100 lots are created—one acre.
2.
Where gross development density is between one dwelling unit per five acres and one dwelling unit per ten acres, the minimum parcel size shall be as follows:
a)
Where no central water and sewer system are provided—five acres.
b)
Where central water system and individual septic tanks are provided—two and one-half (2.5) acres.
c)
Where central water and sewer system are provided—one-fourth 1/4) acre
b.
In rural and low, medium and high density residential categories:
1.
Where no central water and sewer system are provided—five acres.
2.
Where central water system and individual septic tanks are provided—two and one-half (2.5) acres.
3.
Where central water and sewer system are provided-As allowed by the FLUM category.
(d)
Wellfield and aquifer protection zones.
(1)
Description.
a.
As indicated in Policy 4.5.2 of the Conservation Element of the comprehensive plan, wellfield and aquifer protection zones shall be created around existing and future wellfields for public water supply systems, as defined in chapter 62-550.200, F.A.C, to protect such wellfields from possible contamination.
1.
Primary zone-The area within a 200-foot radius circle around each wellhead.
2.
Secondary zone-The area within a 500-foot radius circle around each wellhead, less the primary zone.
b.
These wellhead protection zones are hereby established as "wellfield protection" overlay zones, meaning that these zones are overlaid upon future land use categories and the land may be used in a manner permitted in the underlying future land use category only if such use is permitted in the applicable overlay zone.
c.
For wellfields where individual wellhead protection areas overlap due to clustering, single combined primary and secondary zones will be assigned.
d.
For purposes of implementing this subsection, the director shall prepare and maintain a wellfield protection map identifying all public water supply system wellfields protection zones.
(2)
Density/intensity/use limitations. Notwithstanding the base and increased densities of sections 13-414 and 13-412, development densities and intensities within the wellfield protection overlay zones shall be subject to the following:
a.
A circle around the wellhead with a radius of 500 feet shall be established in which the following uses shall be prohibited:
1.
Sanitary landfills.
2.
Industrial landfills or other surface impoundments.
3.
Wastewater treatment facilities such as plants, treatment ponds, and RIBs. However, sanitary collection systems and force mains, and distribution lines for reclaimed water meeting FDEP treatment requirements may be allowed as long as they meet the setback distances required by FDEP. Irrigation areas using reclaimed water meeting FDEP treatment requirements are exempt.
4.
Facilities that produce, use or store hazardous materials at or above established threshold amounts listed in Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et. seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, F.S. ch. 252, Part II.
5.
Petroleum storage and dispensing facilities.
6.
Junkyards or salvage operations.
7.
Mines.
8.
Airport refueling facilities.
9.
Railroads and pipelines that may be used to transport pollutants or contaminants.
10.
Excavation of waterways or drainage facilities that intersect the water table. Stormwater management systems constructed under SWFWMD permits and not discharging contaminants are exempt.
11.
Proposed, existing or potential sanitary hazards (as defined in 62-550.200 FAC), or other conditions which may adversely impact the ambient groundwater water quality of the existing and proposed wells.
b.
Existing uses within the wellhead protection zones that violate this policy shall be evaluated by the city with advice from the SWFWMD to determine any risk to health, safety and welfare from possible contamination of the water source The city shall determine necessary action, if any, for each wellfield.
c.
For future wellfields, the owner of the wellfield (or a utility or governmental or quasi-governmental body) shall own or legally control all of the land within a 200-foot radius of the wellhead. The land uses between the 200-foot and the 500-foot radius shall be controlled by the owner of the wellfield (or a utility or governmental or quasi-governmental body) either through direct ownership or legal control or easements, or if the well is a part of a unified development, through use and site development approval and deed restrictions. Land uses within the 500-foot protection zone shall be controlled during the zoning process for the wellfield and for subsequent land use changes or development permits that may occur within the 500-foot protection zone.
(e)
Flood hazard area.
(1)
Description. Flood hazard areas are lands hereby established as follows:
a.
The term flood hazard area refers to certain areas whose boundaries have been established by The Flood Insurance Study for Sumter County, Florida, and Incorporated Areas dated September 27, 2013, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps.
b.
Parcels designated as being located in a flood hazard area pursuant to subsection a. may only have such designation removed when an official determination issued by FEMA that amends or revises the effective flood insurance rate map or flood insurance study.
(2)
Density/intensity/use limitations. Notwithstanding the base and increased densities of sections 13-414 and 13-412, development densities, intensities and uses within the floodplain overlay zones shall be subject to the following:
a.
For development in the 100-year floodplain within the urban development area density shall be limited to one residential unit per five acres unless an adequate site plan and mitigation measures to overcome the development constraints is provided or a FEMA letter of map revision indicates that the area is no longer within the flood hazard area.
b.
For development in the flood hazard area within the agricultural category-Gross density shall be limited to one residential unit per ten acres unless an adequate site plan and mitigation measures to overcome the development constraints are provided.
c.
As outstanding Florida Waters, the quality of the waters of the Withlacoochee River and Little Withlacoochee River shall be protected. Development within the Withlacoochee River and Little Withlacoochee River riverine floodplain, as depicted on the flood insurance rate maps, shall be regulated to reduce or eliminate adverse impacts to the existing water quality of the rivers as follows:
1.
Gross density shall not be permitted at more than one dwelling unit per ten acres.
2.
New lots within the flood hazard shall be a minimum of ten acres and contain adequate uplands to accommodate development.
3.
Clustered development must occur outside the flood hazard area.