The following ten future land use categories have been established in the future land use element of the comprehensive plan and assigned to specific areas of the city, as indicated on the future land use map (FLUM). The ten future land uses include: Conservation, agriculture, rural residential, urban residential, high density residential, general commercial, industrial, recreational, public uses/institutional and mixed use.

Base residential densities. Subject to other provisions of this Code, maximum base residential densities and nonresidential 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.

(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 Unified 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 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 nonexclusive 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 prohibited.

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 rezoning 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 Coleman 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 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 nonexclusive 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 unified 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—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 acre.

c)

Where central water and sewer system is provided—One-fourth 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 acre.

b)

Where central water and septic tank is provided—One-fourth acre.

c)

Where central water and sewer system is provided—One-sixth 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.

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. Subparagraphs (a) through (d) are established and regulated below. Subparagraphs (e) through (h) contain special regulations.

(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 the 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).

(2)

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 acres.

c)

Where central water and sewer system are provided; and:

1)

One to four lots are created—Two and one-half 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 acres.

c)

Where central water and sewer system are provided—One-fourth 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 acres.

3.

Where central water and sewer system are provided—As allowed by the FLUM category.

(c)

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 F.A.C. ch. 62-550.200, 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. § 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 F.A.C. 62-550.200), 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.

(d)

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.

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.

(e)

Industrial buffer overlay. To achieve the objective of no adverse impact on residentially designated property when industrial development occurs adjacent to such property, a separation area with a minimum width of 100 feet shall be provided by the industrial development between any industrial activity and any property line of the residentially designated property. A Type C screening buffer as described in section 13-563(c)(2) shall also be installed. The 100 feet minimum separation width may be reduced to 50 feet if an eight-foot high precast concrete wall is installed along the property boundary of the industrial development and the required number of trees are installed. Existing vegetation along the property boundary of the industrial development may be utilized as part of the screening buffer.

(f)

Land use transition overlay.

(1)

Purpose and intent. The overlay is to allow for low intensity commercial uses for properties transitioning from residential to commercial in high traffic corridors. The city council will decide where to apply the land use transition overlay zone.

(2)

One square foot of residential space is permitted for each square foot of commercial space and must be located within the same structure.

(3)

The following uses shall be permitted by right in the land use transition overlay zone:

a.

Specialty stores and shops.

b.

Bakeries, delicatessens, produce stand, meat or seafood market.

c.

Child day care centers.

d.

Government structures, civic organizations, public and private schools.

e.

Offices, professional and business.

f.

Personal service establishments.

g.

Houses of worship.

h.

Service agencies.

(g)

Single-family residential overlay.

(1)

Applicability. For developments proposed on properties designated as mixed-use future land use, the standards of one of the following future land use designations may be selected to apply to the entirety of the site and shall remain in effect for the duration of the development.

(2)

Mixed-use future land use.

a.

Must be a planned unit development (PUD) project with approved development order (DO).

b.

Master plan of development that meets PUD standards must be approved by the city council.

c.

Central water and sewer must be available.

d.

Master site plan must include a minimum of three distinct land uses (residential, commercial, office, industrial, institutional, public services, parks and open space). No one land use may exceed 70 percent of the total land uses and no one land use may be less than 15 percent of the total land uses.

(3)

Rural residential future land use.

a.

Applies to residential uses and residential accessory uses.

b.

Secondary uses include small scale, neighborhood serving commercial areas, community facilities, public schools or parks.

(4)

Urban residential future land use.

a.

Applies to residential uses and residential accessory uses.

b.

Secondary uses include small scale, neighborhood serving commercial areas, community facilities, public schools or parks.

c.

Multifamily dwelling units and attached single family dwelling units may be located in urban residential land uses.

(h)

Commercial design overlay.

(1)

Applicability. For properties identified on the future land use map and that meet the criteria below.

a.

The commercial design overlay may be applied if one or more of the following criteria is met:

1.

The building floor area of a structure is being increased by more than 30 percent;

2.

More than 50 percent of the building floor area is being replaced;

3.

The property is subject to a change of use from residential to nonresidential;

4.

All planned developments.

(2)

Building placement and setbacks. Building placement should relate to nearby buildings. Buildings should be placed close to the front property line to provide for an urban atmosphere that allows cafes, courtyards, public art or other social gathering areas.

(3)

Building appearance.

a.

Building entrances shall be designed to be a distinctive and prominent element of the architectural design. Buildings shall incorporate lighting and changes in mass, surface or finish which places an emphasis on the entrance. Building heights shall be limited to two stories. Architectural elements of the façade should complement the architectural elements on adjacent buildings to maintain the theme of the block.

b.

Large display windows shall be located on the ground floor. Façades of all buildings facing streets, parks and plazas shall have windows covering a minimum of 40 percent and a maximum 80 percent of the surface area of the ground floor of each storefront's linear frontage. Blank walls shall not occupy over 50 percent of a street-facing frontage and shall not exceed 30 feet without being interrupted by a window or entry. Mirrored glass, obscured glass, and glass block cannot be used in meeting this requirement. The bottom edge of display windows on the ground floor façades shall be no more than 30 inches above finished floor level.

c.

Drive-through facilities are discouraged.

d.

The following building materials are prohibited in visible locations:

1.

Corrugated or beveled metal siding;

2.

Corrugated fiberglass;

3.

Vinyl siding;

4.

Plywood, OSB or particleboard siding;

5.

Unfinished smooth concrete block;

6.

Dark tinted or mirrored glass (as a major building component).

(4)

Lighting. Exterior lighting of the building and site should be designed so that light is not directed off site. All exterior light fixtures should be fully shielded or designed with light angle cut-offs so as to eliminate spill light and glare. Exterior lighting should be architecturally compatible with the building style and material.

(5)

Parking. Off street parking areas should be located to the side or rear of the building. Shared parking areas are encouraged. On-street parking, sidewalks and street trees are encouraged.

For informational purposes, Table 13-414A displays the general requirements of sections 13-410 through 13-413 applied to the land use categories.

Table 13-414A: Development Densities/Intensities