(a)

Legitimate land uses accommodated. The presumption established by this Code is that, unless expressly prohibited, all legitimate uses of land may be allowed as either a permitted, special, conditional, temporary or accessory use within at least one zoning district in the council's jurisdiction.

(b)

Types of uses. All uses of land, and associated structures, shall be assigned as one of the following four types: Principal use, temporary use, accessory use or prohibited use.

(Ord. No. 96-23, § 9, 12-16-1996)

(a)

Principal uses. As indicated by the land use permit requirements of article II, division 3, the principal or main use(s) and associated structures of a property shall be allowed as one of the following:

(1)

Permitted use. This use is hereby established as the general use(s) in the various zoning districts, as specified in Table 13-431A, and is a use of right when in compliance with the requirements of this Code.

(2)

Special use. This use is hereby established to allow uses not normally permitted in the various zoning districts. A special use is not a use of right and there is no presumption that it will be granted.

(3)

Conditional use. This use is hereby established to conditionally allow specified uses that, because of their unique characteristics, are not permitted as a matter of right, special use or otherwise allowed by this Code. Such conditional uses, unless properly controlled, pose potentially serious health, safety or welfare concerns for the community. Therefore, it is the intent of the council to ensure, through available and reasonable methods, that the location, construction, operation, and maintenance of a conditional use produces minimal adverse effect on the environment and public health, safety, and welfare, and to fully balance the need for such conditional use with the broad interests of the public. A conditional use permit is not a permit of right and there is no presumption that such a permit will be granted. Principal uses only allowed as conditional uses are specified in Table 13-431A, and may be approved for a period of time as specified by the council.

(b)

Change in principal use.

(1)

Substantial change. A substantial change in the principal use of property occurs whenever the essential character or nature of the activity conducted on the property changes to the extent that:

a.

The new principal use is not a permitted use; or

b.

The new principal use is permitted, but substantially different than the original use; or

c.

The new principal use is a different special or conditional use than the one previously approved, see division 5 of article III.

(c)

Table of principal uses.

(1)

Table of uses.

a.

Table 13-431A lists the various principal land uses and indicates in which zoning districts the uses are permissible as permitted, special or conditional uses. This table should be read in close conjunction with the definitions of terms set forth in section 13-41 and the other interpretative provisions set forth in this Code.

b.

Subject to other provisions of this Code, the letter designations P, S, and C in Table 13-431A, when used in connection with a particular use, shall mean the following:

1.

The letter "P" means that the use is a permitted use in the indicated zoning district.

2.

The letter "S" means that the use is a special use in the indicated zoning district.

3.

The letter "C" means that the use is a conditional use in the indicated zoning district.

(2)

Non-listed uses. Because the list of uses set forth in the Table 13-431A cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that are similar in nature, size and effect on the community. The director shall have the authority to classify uses not included in this table. Notwithstanding the above, all uses that are not listed in the table, are prohibited unless approved by the director.

(3)

Mixed uses. Whenever a development could fall within more than one land use description in Table 13-431A, the description that most closely resembles the development shall be used.

Table 13-431A: Schedule of Uses

P = Permitted Use, S = Special Use, C = Conditional Use

*Commercial uses permitted in the ID zoning district within a distance of 300 feet from a parcel zoned residential or rural residential shall have all such activities, including storage and work areas, conducted and located entirely within a fully enclosed building(s), with the exception of direct loading/unloading between buildings and vehicles; or such activities must be approved as a special use.

(Ord. No. 2022-01, § 4, 2-14-2022)

Temporary uses and activities standards are contained in article VI (Accessory, Temporary and Specific Use Standards).

Accessory use standards are contained in article VI (Accessory, Temporary and Specific Use Standards).

The following land uses are specifically prohibited in all zoning districts:

(a)

Hazardous materials.

(1)

Combustible and explosive materials. Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of Sumter County's life and fire safety codes.

(2)

Handling, storing, transferring or processing of waste radioactive materials, except on-site by generators.

(3)

Landfills or other land disposal facilities for biohazardous or hazardous wastes, or petroleum contaminated soil.

(4)

Handling, storing, transferring or processing of waste gases which debilitate or destroy human biological systems, except on-site by generators.

(5)

In addition to the above, any uses, operations or structures involving waste materials which pose potentially serious health, safety or welfare concerns for the community, which are not specifically, provisionally, or by reasonable implication authorized in Table 13-431A, or in any other section of this Code, are expressly prohibited. The director shall be responsible for refusing acceptance of application submittals for uses not provided for herein, however, any such refusal may be appealed to the council, as provided for in section 13-370.

(b)

Storage buildings.

(1)

The use of vehicles, mobile homes, travel trailers, semitrailers, shipping or storage units, boats, tents, tanks, mobile units (which are structures transportable in one or more sections built on an integral chassis and generally are designed to be used as an office, classroom studio or other similar use and which are not permanently affixed to a foundation or slab), and any similar item as storage buildings, utility buildings, pump houses, and similar uses is prohibited, except as follows:

a.

Over the road semi-trailers and shipping or storage containers may be used as a nonresidential farm building classified as exempt development pursuant to section 13-312, on parcels of land of not less than ten acres which is zoned agricultural and as long as all applicable set backs are complied with. Shipping and storage units shall not be stacked. There shall be no more than two such shipping or storage units utilized per parcel.

b.

Semi-trailers and shipping or storage units may be used temporarily on commercial, industrial and institutional parcels for no more than 30 days in any six-month period. Shipping and storage units shall not be stacked.

c.

Semi-trailers and shipping or storage units may be used for storage of construction materials relating to new construction or remodeling projects for up to 30 days after issuance of the certificate of occupancy. Shipping and storage units shall not be stacked.

(c)

Pre HUD mobile homes. Mobile homes constructed prior to June 15, 1976.

(d)

Wellfields for exportation of water. Wellfields supplying ground water to other counties, unless approved by the council and the Withlacoochee Regional Water Supply Authority.

(e)

Sludge and septage.

(1)

Stockpiling of sludge or septage for land spreading, except as specifically approved.

(2)

Disposal of sludge or septage which causes a nuisance.

(f)

Massage parlors or massage establishments operated by any person not licensed by the State of Florida to provide massage services.

(g)

Motion picture arcades or arcade booths.