The land development regulation administrator shall administer and enforce these land development regulations directly or through aides and assistants. In the performance of his or her duties, the land development regulation administrator may request the assistance of any officer or agency of the county.

The land development regulation administrator shall investigate promptly complaints of violations and report findings and actions to complainants, and shall use best endeavors to prevent violations or to detect and secure the correction of violations. If the land development regulation administrator finds that a provision of these land development regulations is being violated, the land development regulation administrator shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The land development regulation administrator shall order the discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other lawful action authorized by these land development regulations necessary to insure compliance with or to prevent violations of these land development regulations.

It is the intent of these land development regulations that questions of interpretation and enforcement shall first be presented to the land development regulation administrator, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the land development regulation administrator.

The land development regulation administrator shall maintain written records of official actions regarding: (1) land development regulation administration; (2) complaints and actions taken with regard to the land development regulations; and (3) violations discovered by whatever means, with remedial action taken and disposition of all cases; which shall be public record.

The land development regulation administrator shall be determine whether applications for building permits required by the building code of the county are in accord with the requirements of these land development regulations, and no building permit shall be issued without written certification that plans submitted conform to applicable land development regulations. No building permit shall be issued by the land development regulation administrator except in conformity with the provisions of these land development regulations, unless the land development regulation administrator shall receive a written order in the form of an administrative review, interpretation, special exception, or variance as provided by these land development regulations, or unless he or she shall receive a written order from the governing body or a court of competent jurisdiction.

14.3.1

Information necessary for application. Applications for building permits required by the building code of the county shall be accompanied by two copies of the plot and construction plans drawn to scale showing the actual shape and dimensions of the lot to be built upon; the exact sizes and locations on the lot of existing structures, if any; the exact size and location on the lot of the buildings or structures to be erected or altered; the existing use of buildings or structures on the lot, if any; the intended use of each building or structure or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; and such other information with regard to the lot and existing and proposed structures as may be necessary to determine and provide for the enforcement of these land development regulations. The application shall be accompanied by a survey of the lot, prepared by a land surveyor or engineer registered in Florida. All property stakes shall be in place at the time of application.

14.3.2

Public record. One copy of the plot and construction plans shall be returned to the applicant by the land development regulation administrator, after marking such copy either as approved or disapproved, and attested by the land development regulation administrator's signature on the plans. The second copy of the plot and construction plans, similarly marked, shall be retained by the land development regulation administrator as part of the public record.

14.3.3

Display of permit. Building permits shall be issued in duplicate and one copy shall be kept on the premises affected prominently displayed and protected from the weather when construction work is being performed thereon. No owner, contractor, workman or any other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by these land development regulations, nor shall they perform building operations of any kind after notification of the revocation of the building permit.

14.3.4

Expiration of building permit. Every permit issued shall become invalid unless the work authorized by such permit is commenced in the form of actual construction within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced; provided that one or more extensions of time, for periods not exceeding 90 days each, may be allowed, and such extensions shall be in writing by the land development regulation administrator.

14.3.5

Construction and use to be as provided in applications; status of permit issued in error. Building permits issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in these land development regulations in article 15.

Statements made by the applicant on the building permit application shall be deemed official statements. Approval of application by the land development regulation administrator shall in no way exempt the applicant from strict observance of applicable provisions of these land development regulations and all other applicable regulations, ordinances, codes, and laws.

A building permit issued in error shall not confer any rights or privileges to the applicant to proceed to construction, and the board of county commissioners shall have the power to revoke such permit if actual construction has not commenced.

14.4.1

General. It shall be unlawful to use or occupy, or permit the use or occupancy, of any building or premises, or part of any building or premises created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of land development regulation compliance shall have been issued by the land development regulation administrator stating that the proposed use of the structure or land conforms to the requirements of these land development regulations.

No permit for erection, alteration, moving, or repair of any building shall be issued until an application has been made for a certificate of land development regulation compliance, and the certificate shall be issued in conformity with the provisions of these land development regulations upon completion of the work.

14.4.2

Temporary certificate of land development regulation compliance. A temporary certificate of land development regulation compliance may be issued by the land development regulation administrator for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as are necessary in the circumstances to protect the safety of occupants and the general public.

14.4.3

Records, violations. The land development regulation administrator shall maintain a record of all certificates of land development regulation compliance, and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of land development regulation compliance as set out in these land development regulations shall be a violation of these land development regulations and punishable as provided by article 15 of these land development regulations.

Certificates of land development regulation compliance issued on the basis of plans and specifications approved by the land development regulation administrator authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction different from that authorized shall be deemed a violation of these land development regulations and punishable as set out in article 15 of these land development regulations.

Where, by the terms of these land development regulations or other applicable regulations or ordinances of the board of county commissioners, provision is made for insuring to the board of county commissioners that the public improvements required will be constructed as required, the following procedures and regulations shall govern. Before any building permit is issued in such situation, the board of county commissioners shall require the applicant to present satisfactory evidence that full provision has been made for public improvements, including, but not limited to, utility lines, sanitary sewers, storm sewers, construction or reconstruction of streets or alleys, streets signs, and traffic devices or signals. Where such public improvements are to be constructed by the applicant in accordance with the applicant's permit, the board of county commissioners shall require security satisfactory to the board of county commissioners in the form of (1) a deposit in cash or cashier's check or (2) a performance and payment bond in the amount of 110 percent of the estimated cost of such improvements. The purpose of this requirement is to insure to the board of county commissioners that the public improvements required will be properly and timely completed and paid for. The form of any such bond or sureties thereon shall be subject to the approval of the county attorney for the board of county commissioners as to form and correctness prior to the issuance of any building permit.

No bulkhead, dock, pier, wharf, or similar structure to be located on perennial rivers of the county shall be erected or expanded without first obtaining a special permit from the board of county commissioners. Bulkheads, docks and similar structures to be located on lakes and ponds shall be exempt from the requirements of this section, but shall require a building permit from the county's land development regulation administrator. proposals to erect or expand such structures shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. The planning and zoning board shall submit its report and recommendations to the board of county commissioners.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the board of county commissioners shall take final action by either approving, approving with conditions, or denying the request. No public notice and hearing is required, but such matters shall be handled in a public session as part of a previously prepared agenda. Such matters shall be a public record, and approval, approval with conditions, or denial shall require formal action by the board of county commissioners. appeals from decisions of the board of county commissioners shall be heard as set out in article 12 of these land development regulations.

If state or federal permission is required for the erection of any such bulkhead, dock, pier, wharf, or similar structure, such permission shall be presented in writing to the land development regulation administrator prior to the issuance of any building permit for the bulkhead, dock, pier, wharf, or similar structure.

No mining operations, excepting borrow pit operations as defined in section 2.1 of these land development regulations and further excepting the creation of irrigation, agricultural and agricultural water conservation purpose ponds approved by the United States Department of Agriculture, activities which involve the dredging or filling of land or water areas shall be conducted without first obtaining a special permit for such activities from the board of county commissioners in conformance with the requirements as stated below. Requests for such special permits shall be submitted in writing to the land development regulation administrator together with the payment of such reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the permit request on a prominent position on said land. The planning and zoning board shall hold a public hearing in accordance with article 13 of these land development regulations. The planning and zoning board report and recommendations shall be advisory only and not binding upon the Board of County Commissioners.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the board of county commissioners shall hold a public hearing in accordance with article 13 of these land development regulations. At the public hearing, any person may appear in person or by agent. The board of county commissioners shall take final action on the permit request by either approving, approving with conditions, or denying the permit request. Appeals from decisions of the board of county commissioners shall be heard as set out in article 12 of these land development regulations.

The county shall limit mining operations to those areas shown on illustration A-X of the future land use map series of the comprehensive plan entitled Mining Areas. All such mining activities shall be conducted in accordance with the following criteria.

(a)

The filing of a mining master plan with the board of county commissioners, which shall include the following information:

(1)

Describe the boundaries of the areas of proposed mining;

(2)

Describe the location of existing or proposed processing facilities, highways and railroads;

(3)

Provide a topographic map of the area and its relationship to watersheds, drainage ways, floodways, streams, rivers and lakes;

(4)

Describe the mining process to be conducted; and

(5)

Describe the reclamation process to be conducted after mining, including the delineation of areas to be restored.

(b)

Upon review of the mining master plan, the board of county commissioners may approve, approve with conditions or deny an operating permit to commence the activities stated within the master plan, subject to all areas mined or disturbed by mining operations be reclaimed. Land and water areas shall be considered reclaimed if they include the following, when applicable.

(1)

Land areas not less than three feet above the groundwater table, that have been graded to a level, gently rolling, sloping or terraced topography, with major continuous slopes no steeper than four horizontal to one vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation. Vegetation shall be appropriately planted to prevent erosion and promote the future land use of the reclaimed area.

(2)

Water areas shall have a diversity of shallow and deep areas to enhance lake productivity for fish and wildlife habitat. Subaqueous slopes shall be no steeper than four horizontal to one vertical out to six-foot depth at design elevation. Water quality shall be satisfactory for fish production and other wildlife.

(3)

Reclamation shall commence on mined areas, not used for waste settling areas, within 18 months after mining is completed in the area. Progress shall be according to a time schedule established prior to commencing work and reported upon annually as to the reclamation accomplished during the preceding calendar year.

(4)

Other standards set forth in chapter 16C-16, Florida Administrative Code, Mine Reclamation, in effect upon adoption of this section, shall be applied in this section. Nothing in this section shall be in conflict with chapter 16C-16, Florida Administrative Code, in effect upon adoption of this section.

(5)

Mining shall be prohibited which will result in an adverse effect on environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened or species of special concern wildlife habitats, as designated by the Florida Fish and Wildlife Conservation Commission within the publication entitled critical wildlife conservation areas, and rare or unique vegetative communities, which cannot be restored, based upon competent and substantial scientific evidence presented to the County at the time the master mining plan is reviewed by the board of county commissioners. Environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Fish and Wildlife Conservation Commission within the publication entitled critical wildlife conservation areas, and rare or unique vegetative communities, which can be restored shall be restored to the same type, nature and function ecosystem.

For the purposes of these land development regulations "restoration" when used in conjunction with mining operations shall mean the recontouring and revegetation of lands, which will return the type, nature, and function of the ecosystem to the condition in existence immediately prior to mining operations. The county shall recognize technological limitations and economic considerations concerning the methods and practices to be used to restore environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Fish and Wildlife Conservation Commission within the publication entitled critical wildlife conservation areas, and rare or unique vegetative communities. However, such considerations shall not result in environmentally sensitive lands, such as wetlands, floodplains, endangered, threatened, or species of special concern wildlife habitats, as designated by the Florida Fish and Wildlife Conservation Commission within the publication entitled critical wildlife conservation areas, and rare or unique vegetative communities, not being restored to the same type, nature and function ecosystem. For example, restoration shall be considered accomplished when immature trees are used: mature trees are not required to be replanted in areas where mature trees were removed to allow for mining.

For the purposes of these land development regulations "revegetation" when used in conjunction with mining operations in reclaimed areas means a cover of vegetation consistent with land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to the condition in existence prior to mining operations.

In addition to obtaining this special permit, the applicant shall meet any additional requirements of the county, regional agencies, the State of Florida and the United States of America.

14.7.1

Special permits for borrow pits. No borrow pit operation, as defined in section 2.1, shall be conducted without first obtaining a special permit for such activity from the Columbia County Board of Adjustment in conformance with the requirements as stated below. Requests for such special permits shall be submitted in writing to the land development regulation administrator, together with the payment of such reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations. Notice of public hearing for borrow pit special permits shall follow notice of hearing as set out in section 13.4 of these land development regulations.

All borrow pits shall comply with the requirements of section 4.2.39.

All borrow pit activities shall be conducted in accordance with the following criteria:

(a)

The filing of a special permit application with the land development regulation administrator shall include a site plan including, but not limited to, the following information:

(1)

Describe the boundaries of the area of the proposed borrow pit;

(2)

Location of existing adjacent highways or roads, showing ingress and egress, including a map showing the propose access routes from the borrow pit to the nearest county or state roadway;

(3)

Provide a topographic map of the area and its relationship to watersheds, drainage ways, floodways, adjacent streams, rivers and lakes;

(4)

Proposed depth of borrow pit and provide assurances that the underlying aquifer will not be disturbed;

(5)

A detailed description of all vegetative restoration efforts, including stem densities of trees to be planted, species of grass seed that will be sown, monitoring efforts for success and bank stabilization techniques to be conducted after borrow pit operations have concluded, including the delineation areas;

(6)

Signed and sealed cross section of the project site by a Florida-registered engineer. Data from a minimum of three soil borings that are spatially arranged to provide a cross section of the entire borrow pit, utilizing the data to construct a cross section of the project site.

(7)

Determine the underlying geology of the site, providing assurances that materials to be excavated are homogenous and that grading and sorting will not occur on site;

(8)

Provide a copy of surveys to determine the number and location of active gopher tortoise burrows and permit for relocation if required; and

(b)

The issuance of the special permit shall be subject to all areas disturbed by borrow pit operations being restored. The land shall be considered restored if the following criteria are met:

(1)

Land areas have been graded to a level, gently rolling, sloping or terraced topography, with major continuous slopes no steeper than six horizontal to one vertical and in a way to minimize erosion due to rainfall, break up long uninterrupted slopes and make the surface suitable for vegetation. Vegetation shall be appropriately planted to prevent erosion and promote the future land use of the restored area.

(2)

Restoration shall commence on borrow pit areas, within nine (9) months after borrow pit operations are completed in the area.

For the purposes of these land development regulations "restoration" when used in conjunction with borrow pit operations shall mean the recontouring and revegetation of lands, which will return the type, nature and function of the ecosystem to the condition in existence immediately prior to borrow pit operations.

For the purposes of these land development regulations "revegetation" when used in conjunction with borrow pit operations in restored areas means a cover of vegetation consistent with land form created and the future land uses. In restored areas, it means a cover of vegetation that is designed to return the restored area to the condition in existence prior to borrow pit operations.

Any operator shall obtain a performance bond in the amount of $1,500.00 per acre of land excavated to secure the performance of the requirements of this article.

In addition to obtaining this special permit, the applicant shall meet any additional requirements of the county, regional agencies, the state and the United States of America.

Approval, approval with conditions or denial of the application for a special permit for a borrow pit by the board of adjustment shall be based on the same findings as set forth in section 12.2.1.3(h) of these land development regulations.

(Ord. No. 2002-33, § 3, 10-17-02; Ord. No. 2023-07, § 1, 3-23-23)

It shall be deemed a violation of these land development regulations for any person, firm, corporation, or other entity to place or erect any mobile home on any lot or parcel of land within any area subject to these land development regulations for private use without first having secured a mobile home move-on permit from the land development regulation administrator. Such permit shall be deemed to authorize placement, erection, and use of the mobile home only at the location specified in the permit. The responsibility of securing a mobile home move-on permit shall be that of the person causing the mobile home to be moved. The move-on permit shall be posted prominently on the mobile home before such mobile home is moved onto the site.

A special family lot permit may be issued by the board of county commissioners on land zoned Agricultural or Environmentally Sensitive Area within these land development regulations, for the purpose of conveying a lot or parcel to an immediate family member who is the parent, grandparent, adopted parent, stepparent, sibling, child, adopted child, stepchild or grandchild of the person who conveyed the parcel to said individual, not to exceed one dwelling units per one acre and the lot complies with all other conditions from permitting development as set forth in these land development regulations. This provision is intended to promote the perpetuation of the family homestead in rural areas by making it possible for immediate family members to reside on lots as their primary residence which exceed maximum density for such areas, provided that the lot complies with the following conditions for permitting:

1.

The division of lots shall be by recorded separate deed and meet all other applicable land development regulations; and

2.

The lot split or division is for the establishment of a homestead as their primary residence for that immediate family member and the lot so conveyed is at least one acre in size and the remaining lot is at least one acre in size; and

3.

The family lot permit shall only be issued once for each immediate family member of the parent parcel owner. However, for purposes of this provision, if a lot is permitted under this provision to a daughter, for example. and was to be returned to the ownership of the owner of the parent parcel, then the original use of this provision to provide the lot to the daughter shall not be counted as the one permitted per immediate family member.

4.

The lot complies with all other conditions for permitting and development as set forth in these land development regulations.

5.

Each application for a special family lot permit shall include but not be limited to:

a.

Name and address of parent parcel owner and immediate family member;

b.

Copy of deed and legal description of parent parcel;

c.

Legal description of proposed family lot;

d.

Map, drawing or sketch of parent parcel showing location of proposed lot being deeded to immediate family member with appropriate dimensions; and

e.

Personal identification and proof of relationship, to establish the required immediate family member status, of both the parent parcel owner and the immediate family member. The personal identification shall consist of original documents or notarized copies from public records. Such documents may include birth certificates, adoption records, marriage certificates and/or other public records.

6.

A family relationship residence agreement affidavit is required stating that the special family lot is being created as a homestead by the immediate family member, that the immediate family member shall obtain homestead exemption on the lot. This affidavit shall be recorded in the clerk of the courts office.

7.

A completed building permit application shall be submitted within one year of receiving approval by the board of county commissioners. One extension can be requested in writing and approved by the land development regulations administrator not to exceed nine months. If a special family lot permit expires, it shall have to go through the process again for approval as required by this section. A building permit for a special family lot shall be issued only to the immediate family member or their authorized representative (i.e. licensed building contractor or mobile home installer) after a recorded copy of the family relationship residence agreement affidavit and deed to the special family lot has been submitted to the land development regulation administrator as part of the building permit application process.

8.

Special family lots which have not met the requirements for homestead exemption shall not be transferable except, as follows:

a.

The deeding of the parcel back to the original owner of the parent tract as indicated in No. 3 above;

b.

To another individual meeting the definition of immediate family member;

c.

To an individual not meeting the definition of immediate family member due to circumstances beyond the reasonable control of the family member to whom the original special family lot permit was granted such as divorce, death or job change resulting in unreasonable commuting distances, the immediate family member is no longer able to retain ownership of the special family lot, subject to approval by the original reviewing body that approved the special family lot permit; and

d.

Upon approval of the transfer of the special family lot, the county will issue a certificate of transfer and the owner shall record the certificate in the public records in the clerk of the courts office. This process shall apply retroactively to special family lots previously created under these land development regulations.

Applications shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the board of county commissioners may determine through action in setting fees as set out in Article 1 of these land development regulations. The land development regulation administrator shall review the application for completeness with this provision. Upon receiving a complete application, the land development regulation administrator shall forward the request to the board of county commissioners.

The board of county commissioners shall handle such matters in a public session as part of a previously prepared agenda which may include the consent agenda. No separate public notice and hearing is required. The board of county commissioners shall take final action by either approving, approving with conditions, or denial and shall require formal action by the board of county commissioners. Appeals from decisions of the board of county commissioners shall be heard as set out in Article 12 of these land development regulations.

(Ord. No. 2009-8, § 1, 7-6-09)

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses. Unless otherwise specified in these land development regulations, the following regulations shall govern temporary uses.

14.10.1

Temporary use permits issued by board of county commissioners. The board of county commissioners may issue a temporary use permit for the temporary utilization of land in a manner not inconsistent with the district regulations including by not limited to the following uses:

1.

In agricultural, commercial, and industrial districts: commercial circuses, carnivals, outdoor concerts, and similar uses.

2.

In agricultural and commercial districts: such uses similar to, but not limited to asphalt and concrete batch plants, excepting locations in high groundwater recharge, which provide materials for state and local government road projects.

Requests for such a permit shall be submitted in writing to the land development regulation administrator together with such reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

The land development regulation administrator shall forward the request to the planning and zoning board for review and shall erect a sign advertising the request on a prominent position on said land. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to planning and zoning board consideration of temporary use permits shall be a public record. At the public session, any person may appear in person or by agent or attorney. The planning and zoning board shall submit its report and recommendations to the board of county commissioners. The planning and zoning board report and recommendations shall be advisory only and not binding upon the board of county commissioners.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the board of county commissioners shall hold a public hearing to consider the request. The board of county commissioners shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing, any person may appear in person or by agent or attorney.

The board of county commissioners shall take final action on the request by either approving, approving with conditions, or denying the request. Appeals from decisions of the board of county commissioners shall be heard as set out in article 12 of these land development regulations. Prior to granting a temporary use permit, the board of county commissioners shall insure that:

1.

Any nuisance or hazardous feature involved is suitably separate from adjacent uses.

2.

Excessive vehicular traffic will not be generated on minor residential streets.

3.

A vehicular parking problem will not be created.

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of these land development regulations and shall be punished as set out in article 15 of these land development regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these land development regulations and punishable as provided in these land development regulations.

14.10.2

Temporary use permits issued by the land development regulation administrator. Certain uses are of short duration and do not create excessive incompatibility during the course of the use. Therefore, the land development regulation administrator is authorized to issue temporary use permits for the following activities, after a showing that any nuisance or hazardous feature involved is suitably separated from adjacent uses; excessive vehicular traffic will not be generated on minor residential streets; and a vehicular parking problem will not be created:

1.

In any zoning district: Special events operated by non-profit, eleemosynary organizations.

2.

In any zoning district: Christmas tree sales lots operated by non-profit, eleemosynary organizations.

3.

In any zoning district: Other uses which are similar to (1) and (2) above and which are of a temporary nature where the period of use will not extend beyond 30 days.

4.

In any zoning district:Mobile homes or RV's used for temporary purposes by any agency of municipal, County, State, or Federal government; provided such uses shall not be or include a residential use.

5.

In any zoning district: Mobile homes or RV's used as a residence, temporary office, security shelter, or shelter for materials of goods incident to construction on or development of the premises upon which the mobile home or travel trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the approval of the board of county commissioners and the board of county commissioners shall give such approval only upon finding that actual construction is continuing.

6.

In agricultural, commercial, and industrial districts: Temporary religious or revival activities in tents.

7.

In agricultural districts: In addition to the principal residential dwelling, two additional mobile homes may be used as an accessory residence, provided that such mobile homes are occupied by persons related by the grandparent, parent, step-parent, adopted parent, sibling, child, stepchild, adopted child or grandchild of the family occupying the principal residential use. Such mobile homes are exempt from lot area requirements. A temporary use permit for such mobile homes may be granted for a time period up to five years. The permit is valid for occupancy of the specified family member as indicated on family relationship affidavit and agreement which shall be recorded in the clerk of the courts by the applicant.

The family relationship affidavit and agreement shall include but not be limited to:

a.

Specify the family member to reside in the additional mobile home;

b.

Length of time permit is valid;

c.

Site location of mobile home on property and compliance with all other conditions not conflicting with this section for permitting as set forth in these land development regulations. Mobile homes shall not be located within required yard setback areas and shall not be located within 20 feet of any other building;

d.

Responsibility for non ad-valorem assessments;

e.

Inspection with right of entry onto the property, but not into the mobile home by the county to verify compliance with this section. The land development regulation administrator, and other authorized representatives are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this section; and

f.

Shall be hooked up to appropriate electrical service, potable well and sanitary sewer facilities (bathroom and septic tank) that have been installed pursuant to permits issued by the health department and county building and zoning department, where required.

g.

Recreational vehicles (RV's) as defined by these land development regulations are not allowed under this provision (see section 14.10.2.10).

h.

Requirements upon expiration of permit. Unless extended as herein provided, once a permit expires the mobile home shall be removed from the property within six months of the date of expiration.

The property owner may apply for one or more extensions for up to two years by submitting a new application, appropriate fees and family relationship residence affidavit agreement to be approved by the land development regulation administrator.

Previously approved temporary use permits would be eligible for extensions as amended in this section.

8.

In shopping centers within commercial intensive districts only: Mobile recycling collection units. These units shall operate only between the hours of 7:30 a.m. and 8:30 p.m. and shall be subject to the review of the land development regulation administrator. Application for permits shall include written confirmation of the permission of the shopping center owner and a site plan which includes distances from buildings, roads, and property lines. No permit shall be valid for more than 30 days within a 12-month period, and the mobile unit must not remain on site more than seven consecutive days. Once the unit is moved off-site, it must be off-site for six consecutive days.

9.

In any zoning district: A temporary business, as defined within these land development regulations. At least 30 days prior to the commencement date of the temporary permit, the applicant shall submit an application to the county, which shall include the following information.

a.

The name and permanent address or headquarters of the person applying for the permit;

b.

If the applicant is not an individual, the names and addresses of the business;

c.

The names and addresses of the person or persons which will be in direct charge of conducting the temporary business;

d.

The dates and time within which the temporary business will be operated;

e.

The legal description and street address where the temporary business will be located;

f.

The name of the owner or owners of the property upon which the temporary business will be located;

g.

A written agreement containing the permission from the owner of the property for its use for a temporary business must be attached to and made a part of the application for the permit;

h.

A site plan showing display areas, plans for access and egress of vehicular traffic, any moveable interim structures, tents, sign and banner location and legal description of the property must accompany the application for the temporary use permit; and;

i.

A public liability insurance policy, written by a company authorized to do business in the State of Florida, insuring the applicant for the temporary permit against any and all claims and demands made by persons for injuries or damages received by reason of or arising our of operating the temporary business. The insurance policy shall provide for coverage of not less than $1,000,000.00 for damages incurred or claims by more than one person for bodily injury and not less than $2,000,000.00 for damages incurred or claims by more than one person for bodily injury and fifty thousand dollars ($50,000.00) for damages to property for one person and $100,000.00 for damages to property claimed by more than one person.

The original or duplicate of such policy, fully executed by the insurer, shall be attached to the application for the temporary permit, together with adequate evidence that the premiums have been paid.

Prior to granting the temporary permit to an applicant thereof, the land development regulation administrator may have the application examined and approved by other appropriate departments of the county to ensure the protection of the public health, safety and general welfare. In addition to all normal concerns of each such department, particular attention shall be given to traffic flow and control, automobile and pedestrian safety and the effect which such use and activity will have on surrounding users. The land development regulation administrator may place any appropriate conditions upon the temporary permit to ensure the protection of the public health, safety and general welfare.

The sales permitted for a temporary business, as defined with these land development regulations, including, but not limited to, promotional sales such as characterized by the so-called "sidewalk "sale," "vehicle sale," or "tent sale," shall not exceed five consecutive calendar days.

There must be located upon the site upon which the temporary business shall be conducted public toilet facilities which comply with the State of Florida code, potable drinking water for the public, approved containers for disposing of waste and garbage and adequate light to illuminate the site at night time to avoid theft and vandalism.

If the application is for the sale of vehicles, vessels or recreational vehicles (RV's) the applicant shall provide with the application a copy of a valid Florida Department of Motor Vehicle Dealers license and Department of Motor Vehicle permit to conduct an "offsite" sale. If any new vehicles are to be displayed on the site, a copy of the factory authorization to do so will be required to be filed with the application.

No activities, such as rides, entertainment, food, or beverage services shall be permitted on the site in conjunction with the operation of the temporary business.

Not more than one sign shall be located within or upon the property for which the temporary permits is issued, and shall not exceed 16 square feet in surface area. No additional signs, flags, banners, balloons or other forms of visual advertising shall be permitted. The official name of the applicant and its permanent location and street address, together with its permanent telephone number, must be posted on the site of the property for which the temporary permit is issued and shall be clearly visible to the public.

Any applicant granted a temporary permit under these provisions shall also comply with and abide by all other applicable federal, State of Florida, and county laws, rules and regulations.

Only one tent shall be permitted to be placed on the site of the temporary business and such tent, if any, shall be properly and adequately anchored and secured to the ground or to the floor of the tent.

Non-seasonal goods that require a title or to be registered by the Florida Department of Motor Vehicles may be issued no more than one (1) temporary permit during each calendar year. General merchandise temporary businesses including but not limited to fireworks, tools or rugs, may be issued no more than three (3) temporary permits per calendar year.

The temporary permit requested by an applicant shall be issued or denied within 30 days following the date of the application therefor is filed with the land development regulation administrator.

10.

In agriculture and environmentally sensitive area districts: A single recreational vehicle as described on permit for living, sleeping, or housekeeping purposes for 180 consecutive days from date that permit is issued, subject to the following conditions:

a.

Demonstrate a permanent residence in another location.

b.

Meet setback requirements.

c.

Shall be hooked up to or have access to appropriate electrical service, potable well and sanitary sewer facilities (bathroom and septic tank) that have been installed pursuant to permits issued by the health department and county building and zoning department, where required.

d.

Upon expiration of the permit the recreational vehicle shall not remain on property parked or stored and shall be removed from the property for 180 consecutive days.

e.

Temporary RV permits are renewable only after one year from issuance date of any prior temporary permit.

Temporary RV permits existing at the effective date of this amendment may be renewed for one (1) additional temporary permit in compliance with these land development regulations, as amended. Recreational vehicles as permitted in this section are not to include RV parks.

Requests for such a permit shall be submitted in writing to the land development regulation administrator together with such reasonable costs as the board of county commissioners may determine through action in setting fees as set out in Article 1 of these land development regulations.

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the special permit is granted, shall be deemed a violation of these land development regulations and punishable as provided in Article 15 of these land development regulations.

(Ord. No. 2002-19, § 1, 6-20-02; Ord. No. 2002-34, § 2, 11-7-02; Ord. No. 2005-14, § 7, 8-4-05; Ord. No. 2008-38, § 1, 9-4-08; Ord. No. 2013-9, § 1, 6-20-13)

No hazardous or bio-hazardous, or medical waste treatment facility shall be constructed without first obtaining a special permit from the board of county commissioners. Proposals to erect or expand such facilities shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review. The planning and zoning board shall handle such matters in a public session, after due public notice consisting of a legal advertisement as provided for in article 13, herein.

Within a reasonable time after receiving the planning and zoning board report and recommendations, the board of county commissioners, after due public notice consisting of a legal advertisement as provided for in article 13, herein. Such matters shall be a public record, and approval, approval with conditions, or denial shall require formal action by the board of county commissioners. Appeals from decisions of the board of county commissioners shall be heard as set out in article 12 of these land development regulations.

At a minimum, the following standards shall be met by the hazardous, bio-hazardous or medical waste treatment facility:

a.

No hazardous or bio-hazardous, or medical waste shall be disposed of by incineration or by any other method which produces air pollution emissions subject to permitting by the [Florida] Department of Environmental Regulation [Department of Environmental Protection] within the county.

b.

Hazardous, bio-hazardous, or medical waste treatment facilities shall only be permitted within areas classified as agriculture, within areas designated as rural in the county's comprehensive plan.

c.

The board of county commissioners when determining approval, approval with conditions or denial of the permit, may consider the following, but not be limited to: the appropriate location of the facility; site design of the facility using site and development plan siting criteria found in section 14.14; access of facility to principal arterials and major intersections; and the location of appropriate public facilities to the site.

No new intensive agricultural activities as defined in section 2.1 of these land development regulations shall be conducted in any agricultural or environmentally sensitive zoning district without first obtaining a special use permit for such activities from the board of county commissioners. The following procedures shall apply:

1.

A request for such special permit shall be submitted in writing on an application form to be prepared and provided by the land development regulation administrator together with the payment of the required fees. The application may require the submission of a site plan where appropriate;

2.

The land development regulation administrator shall forward the request to the planning and zoning board of review and shall erect a sign advertising the permit request on a prominent position on said land and notify all adjacent and contiguous property owners by certified mail, return receipt requested;

3.

The planning and zoning board shall hold a public hearing to consider the permit request. The planning and zoning board shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the public hearing any person may appear in person or by agent or attorney;

4.

The planning and zoning board shall submit its report and recommendation to the board of county commissioners. The planning and zoning board report and recommendation shall be advisory only and not binding upon the board of county commissioners;

5.

Within a reasonable time after receiving the planning and zoning board report and recommendation, the board of county commissioners shall hold a public hearing to consider the permit request. The board shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing any person may appear in person or by agent or attorney;

6.

The board of county commissioners shall take final action on the permit request by either approving, approving with conditions, or denying the permit request;

7.

In addition to obtaining this permit, the applicant shall meet any additional requirements of the board of county commissioners, the State of Florida, and the United States of America;

8.

Prior to granting such special use permit, the board shall make the following findings:

a.

That no part of the activity is to be conducted in areas of high recharge to the Florida [Floridan] aquifer;

b.

That if a waste water management system is required by any appropriate regulatory agency, the waste water management system will be designed by the soil conservation service or will be the equivalent of a system designed by the soil conservation services of a licensed professional engineer;

c.

That the facility will use available beast management practices to reduce flies and other insects;

d.

That the activity will not be located within any environmentally sensitive areas as defined by the county's comprehensive plan;

e.

That the activity will not substantially impact the existing groundwater quality or quality of aquifer recharge areas; and

f.

Other factors which the board may consider relevant and appropriate to the public health and safety of the citizens of the county.

Except for developments which fall under the minor site and development plan process established in section 14.13.6, the planning and zoning board shall approve all site and development plans as a condition precedent to the issuance of building permits by the land development regulation administrator.

14.13.1

Contents. The site and development plan required to be submitted by the requirements of these land development regulations shall include the following elements, where applicable:

1.

Vicinity map —Indicating general location of the site, abutting streets, existing utilities, complete legal description of property in question, and adjacent land use.

2.

Site plan—Including but not limited to the following:

a.

Name, location, owner, and designer of the proposed development.

b.

Present zoning for subject site.

c.

Location of the site in relation to surrounding properties, including the means of ingress and egress to such properties and any screening or buffers on such properties.

d.

Date, north arrow, and graphic scale not less than one inch equal to 50 feet.

e.

Area and dimensions of site.

f.

Location of all property lines, existing right-of-way approaches, sidewalks, curbs, and gutters.

g.

Access to utilities and points of utility hook-up.

h.

Location and dimensions of all existing and proposed parking areas and loading areas.

i.

Location, size, and design of proposed landscaped areas (including existing trees and required landscaped buffer areas).

j.

Location and size of any lakes, ponds, canals, or other waters and waterways.

k.

Structures and major features fully dimensioned including setbacks, distances between structures, floor area, width of driveways, parking spaces, property or lot lines, and percent of property covered by structures.

l.

Location of trash receptacles.

m.

For multiple-family, hotel, motel, and mobile home park site plans:

(1)

Tabulation of gross acreage.

(2)

Tabulation of density.

(3)

Number of dwelling units proposed.

(4)

Location and percent of total open space and recreation areas.

(5)

Percent of lot covered by buildings.

(6)

Floor area of dwelling units.

(7)

Number of proposed parking spaces.

(8)

Street layout.

(9)

Layout of mobile home stands (for mobile home parks only).

3.

Stormwater management plan—Including the following:

a.

Existing contours at one foot intervals based on U.S. Coast and Geodetic Datum.

b.

Proposed finished elevation of each building site and first floor level.

c.

Existing and proposed stormwater management facilities with size and grades.

d.

Proposed orderly disposal of surface water runoff.

e.

Centerline elevations along adjacent streets.

f.

Water management district surface water management permit.

14.13.2

Procedure. Where, by the terms of these land development regulations, approval by the planning and zoning board of a site and development plan is required prior to the issuance of a building permit, the land development regulation administrator shall circulate the site and development plan for review to any other official or department of the county which may have responsibility for some aspect of the site and development plan.

The site and development plan shall be submitted to the land development regulation administrator not less than 45 days prior to the public meeting of the planning and zoning board at which the application for site and development plan approval is to be considered together with the payment of such reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations.

14.13.3

Action on site and development plan. The land development regulation administrator shall forward the application for site and development plan approval along with any comments or criticisms to the planning and zoning board for approval. The planning and zoning board shall handle such matters in a public session as part of a previously prepared agenda, however, no public notice and hearing is required. All matters relating to planning and zoning board consideration of site and development plans shall be a public record and approval, approval with conditions, or denial shall require formal action of the planning and zoning board. A petition for a zoning amendment and an application for site and development plan approval shall not be handled concurrently. Rather, an application for site and development plan approval shall be heard only after the applicant has secured the appropriate zoning on the subject parcel. Appeals from decisions of the planning and zoning board shall be heard as set out in article 12 of these land development regulations.

In reaching a decision as to whether or not the site and development plan as submitted should be approved with a directive to the land development regulation administrator to issue building permits, the planning and zoning board shall be guided in its decision and the exercise of its discretion to approve, approve with conditions, or to deny by the following standards; the planning and zoning board shall show in its record that each was considered where applicable and it shall make findings in regard to those of the following standards which it finds to be applicable:

1.

Sufficiency of statements on ownership and control of the development and sufficiency of conditions of ownership or control, use, and permanent maintenance of common open space, common facilities, or common lands to insure preservation of such lands and facilities for their intended purpose and to insure that such common facilities will not become a future liability for the board of county commissioners.

2.

Density and/or the intended use of the proposed development with particular attention to its relationship to adjacent and nearby properties and effect on those properties and relationship to the county comprehensive plan.

3.

Ingress and egress to the development and proposed structures on the development, with particular reference to automotive and pedestrian safety, minimization of marginal friction with free movement of traffic on adjacent streets, separation of automotive traffic and pedestrian and other traffic, traffic flow and control, provision of services and servicing of utilities and refuse collection, and access in case of fire, catastrophe, or emergency.

4.

Location and relationship of off-street parking and off-street loading facilities to thoroughfares and internal traffic patterns within the proposed development, with particular reference to automotive and pedestrian safety, traffic flow and control, access in case of fire or catastrophe, and screening and landscape.

5.

Sufficiency of proposed screens and buffers to preserve internal and external harmony and compatibility with uses inside and outside the proposed development.

6.

Manner of stormwater management on the property, with particular reference to the effect of provisions for stormwater management on adjacent and nearby properties and the consequences of such stormwater management on overall public stormwater management capacities.

7.

Adequacy of provision for sanitary sewers, with particular relationship to overall sanitary sewer availability and capacities.

8.

Utilities, with reference to hook-in locations and availability and capacity for the uses projected.

9.

Recreation facilities and open spaces, with attention to the size, location, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the proposed development, and relationship to community open spaces and recreational facilities.

10.

General amenities and convenience, with particular reference to assuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be in conflict with other development in the area as to cause substantial depreciation of property values.

11.

Such other standards as may be imposed by these land development regulations on the particular use or activity involved.

14.13.4

Issuance of building permits. Upon the approval of the site and development plan application by the planning and zoning board or its approval with conditions, building permits for the proposed development shall be issued by the land development regulation administrator. The development shall be built substantially in accordance with the approved site and development plan. If after such approval, should the owner/applicant or his or her successors desire to make any changes in the site and development plan, such changes shall be submitted to the land development regulation administrator. If the land development regulation administrator deems there to be a substantial change or deviation from that which is shown on the approved site and development plan, the owner/applicant or his or her successors shall be required to submit the amended site and development plan for approval as set forth in section 14.12 of these land development regulations. Failure to submit such amended site and development plan for determination by the land development regulation administrator that a substantial change or deviation is occurring or has occurred, prior to such changes, shall constitute a violation of these land development regulations and shall be punishable as provided in article 15 of these land development regulations.

14.13.5

Concurrency. New development shall not be approved unless there is sufficient available capacity to sustain the level of service standards for potable water, sanitary sewer, transportation, solid waste, drainage, recreation, and public school as established in the capital improvements element of the comprehensive plan.

14.13.6

Minor site and development plan approval. Any development that requires site and development plan approval which meets the following criteria shall be subject to minor site and development review in accordance with this section:

a.

The proposed development does not exceed 10,000 square feet of new or additional gross floor area; or

b.

The proposed development does not exceed 3,000 square feet of new or additional unenclosed building area; or

c.

The proposed development does not exceed 30,000 square feet of new or additional impervious area; or

d.

The proposed development does not exceed any combination of items a. through c. listed above, not to exceed an aggregate impervious area of 43,000 square feet.

1.

Procedure. The land development regulations ("LDR") administrator shall have the authority to approve minor site and development plans. No building permit shall be issued for any development that requires minor site and development plan review until the LDR administrator has approved such plan. Minor site and development plans shall be required to have the same contents as established in section 14.13.1 above. The LDR administrator shall not approve any minor site and development plan until such plan has been found to be in compliance with the requirements of these land development regulations ("LDRs").

2.

Review. The LDR administrator shall review all minor site and development plans for consistency with these LDRs. Further, the LDR administrator shall provide copies of the minor site and development plan application and support materials to other county departments for review as may be required. The LDR administrator shall have five days from the date of submittal to perform a completeness review. If an application is deemed incomplete, the LDR administrator shall notify the applicant in writing by the end of the fifth day. Once an application for minor site and development plan is deemed complete the LDR Administrator shall have 14 days to approve, approve with conditions, or deny the application.

3.

Issuance of building permit and minor changes. Issuance of a building permit and minor changes shall be in accordance with section 14.13.4 above.

4.

Expiration. Minor site and development plan approval shall expire 12 months from the date of approval unless a building permit has been applied for or issued for at least one building in the development prior to the expiration date. For minor site and development plans approved for development without a building (i.e. impervious area), the minor site and development plan approval shall expire 12 months from the date of approval unless site construction has begun prior to the expiration date.

5.

Appeals. Appeals to the decision of the LDR administrator shall be in accordance with Article 12 of these LDRs.

(Ord. No. 2017-10, §§ 1—3, 5-18-17)

A special permit is require for the division of a parcel of land into three or more lots or parcels more than ten acres in size, but less than 20 acres in size, whether improved or unimproved, for the purpose whether immediate or future, of transfer of ownership, whether by deed, metes and bounds description, devise, lease, map, plat or other recorded instrument or if the establishment of a new street is involved, any division of such parcel. Special permits for land divisions of more than ten acres in size, but less than 20 acres in size shall not be required for parcels created under the family lot provision (see article 14); nor shall a special permit be required for the transfer of property by sale or gift or testate or intestate succession by the property owner to his or her spouse or lineal descendants.

Prior to the sale of any properties resulting from the division of a parcel of land, which is more than 10 acres, but less than 20 acres in size, the owner or agent for the owner of said property shall first obtain a special permit from the land development regulation administrator of the county, which shall be filed on forms provided by said administrator and shall be accompanied by the following information.

1.

A survey prepared by a registered surveyor, licensed within the State of Florida, including the following information:

(a)

An original drawing made with black permanent drawing ink; or a non-adhered scaled print on a stable base film made by photographic processes from a film scribing tested for residual hypo testing solution to assure permanency;

(b)

Marginal lines, standard certificates and approval forms shall be printed on the plat with a permanent black drawing ink. A print or photographic copy of the original drawing must be submitted with the original drawing;

(c)

When more than one sheet must be used to accurately portray the lands divided, an index or key map must be included and each sheet must show the particular number of that sheet and the total number of sheets included, as well as clearly labeled matchlines to show where other sheets match or adjoin;

(d)

In all cases, the letter size and scale used shall be of sufficient size to show all detail. The scale shall be both stated and graphically illustrated by a graphic scale drawn on every sheet showing any portion of the lands subdivided;

(e)

The name of the professional surveyor and mapper or legal entity, along with the street and mailing address, must be shown on each sheet included;

(f)

A prominent "north arrow" shall be drawn on every sheet included showing any portion of the lands divided. The bearing or azimuth reference shall be clearly stated on the face of the survey in the notes or legend, and, in all cases, the bearings used shall be referenced to some well established and monumented line;

(g)

Permanent reference monuments must be placed at each corner or change in direction on the boundary of the lands being divided and may not be more than 1,400 feet apart. Where such corners are in an inaccessible place, permanent reference monuments shall be set on a nearby offset within the boundary of the plat and such offset shall be so noted on the survey. Where corners are found to coincide with a previously set permanent reference monuments, the Florida registration number of the professional surveyor and mapper in responsible charge or the certificate of authorization number of the legal entity on the previously set permanent reference monuments shall be shown on the new survey. The permanent reference monuments shall be shown on the plat by an appropriate symbol or designation;

(h)

Permanent control points shall be set on the centerline of the ingress and egress easement at the intersection and terminus of all ingress and egress easements, at each change of direction, and no more than 1,000 feet apart. Such permanent control points shall be shown on the plat by an appropriate symbol or designation;

(i)

Monuments shall be set at all lot corners, points of intersection, and changes of direction of lines within the survey which do not require a permanent reference monument or a permanent control points; however, a monument need not be set if a monument already exists at such corner, point, or change of direction or when a monument cannot be set due to a physical obstruction;

(j)

The section, township, and range shall appear on each sheet included;

(k)

Each survey shall show a description of the lands divided, and the description shall be the same in the title certification. The description must be so complete that from it, without reference to the survey, the starting point and boundary can be determined;

(l)

The dedications of any easements or common spaces shall be shown;

(m)

The professional surveyor and mapper's seal and statement as to the accuracy of the survey shall be shown;

(n)

All section lines and quarter section lines occurring within the survey shall be indicated by lines drawn upon the map, with appropriate words and figures. If the description is by metes and bounds, all information called for, such as the point of commencement, course bearings and distances, and the point of beginning, shall be indicated. If the parcels are in a land grant or are not included in the subdivision of government surveys, then the boundaries are to be defined by metes and bounds and courses;

(o)

Location, width, and names of all adjacent streets, waterways, or other rights-of-way shall be shown, as applicable;

(p)

Location and width of proposed easements and existing easements identified in the title opinion or certification shall be shown on the survey or in the notes or legend, and their intended use shall be clearly stated. Where easements are not coincident with property lines, they must be labeled with bearings and distances and tied to the principal lot, tract, or easement;

(q)

All contiguous properties shall be identified by subdivision title, plat book, and page, or, if unplatted, land shall be so designated;

(r)

Sufficient survey data shall be shown to positively describe the bounds of every divided parcel, easement, and all other areas shown on the survey;

(s)

Curvilinear parcel lines shall show the radii, arc distances, and central angles. Radial lines will be so designated. Direction of non-radial lines shall be indicated;

(t)

Sufficient angles, bearings, or azimuth to show direction of all lines shall be shown, and all bearings, angles, or azimuth shall be shown to the nearest second of arc;

(u)

The centerlines of all access easements shall be shown as follows: noncurved lines: distances together with either angles, bearings, or azimuths; curved lines: arc distances, central angles, and radii, together with chord and chord bearing or azimuths; and

(v)

When it is not possible to show line or curve data information on the map, a tabular form may be used. The tabular data must appear on the sheet to which it applies.

2.

A surety agreement on forms and containing content as prescribed by the county attorney, shall be required for all ingress and egress easements provided to parcels within the area surveyed. The surety agreement shall guarantee the construction ingress and egress easement improvements to the following standards:

(a)

Grading and centerline gradients shall be a maximum of eight percent (no minimum).

(b)

Easements shall be 20-foot pavement stabilized sub-grade and minimum right-of-way of 60 feet and improved as follows:

1.

Stabilized shoulders shall be required on both sides of all access easements. Stabilized shoulders shall be six feet in width and constructed to a compacted thickness of four inches and have a minimum limerock bearing ratio (LBR) of 40.

2.

Easement swales shall have side slopes and back slopes no steeper than four to one. Runoff may be accumulated and carried in the swales in the right-of-way up to but not above the point where flooding of the shoulders or roadside property would occur. Water in excess of this quantity shall be diverted from the easement swales and carried away by storm sewers or other approved means.

3.

Subgrade shall be stabilized and constructed in accordance with the following sections of the Florida Department of Transportation Standards except as modified herein.

Subgrade shall be eight inches compacted thickness, stabilized to a minimum LBR of 30 and compacted to 98 percent of Standard Proctor Density (ASTM D15570).

4.

Pavement Base shall be improved as a stabilized road bed no wearing surface shall be required.

NOTE: Ingress and egress easements shall be designed to provide a logical connection for future connections to adjacent properties. Easements shall be so drawn so as to allow for the future connection of adjacent properties for the purpose of ingress, egress and utility connections to said properties. As a temporary measure all easements which terminate in a dead end shall have a minimum 100-foot diameter cul-de-sac.

3.

Developments in progress. As a prerequisite to a finding by the county commission that a development was in progress as of the date of adoption of these land development regulations or as amended and is eligible to be exempted from this article, the owner or subdivider shall cause a certificate to be prepared by licensed surveyor certifying that as of the effective date of this ordinance said development was surveyed with complete metes and bounds legal descriptions for the greater than ten acre lots and 60-foot easements or road rights-of-way. Owner or subdivider shall submit to the county six copies of said certified survey within 60 days from the effective date of these land development regulations being amended. The owner or subdivider shall have three years from the effective date of these land development regulation as amended to complete the final development by actually monumenting the greater-than-ten-acre lots and building the 60-foot easements or road rights-of-way. This time period may be extended for one year with approval by the board of county commissioners if the request is made in writing prior to the expiration of the initial three-year period and for good cause is shown.

(Ord. No. 2002-31, § 2, 9-30-02)

Any person who intends to landspread domestic sludge or expand an existing application sites shall obtain a special permit from the board of county commissioners, prior to applying to department of environmental protection or department of environmental health. Proposals to develop or expand an existing application sites shall be submitted in writing to the land development regulation administrator together with the payment of reasonable fees as the board of county commissioners may determine through action in setting fees as set out in article 1 of these land development regulations. The land development regulation administrator shall forward the request to the planning and zoning board for review. The planning and zoning board shall handle such matters in a public session, after due public notice consisting of a legal advertisement as provided for in article 13, herein and at least ten days prior to the public hearings erecting a sign advertising the permit request on a prominent position on said land and notify all adjacent and contiguous property owners by certified mail, return receipt requested.

1.

[Application.] The application for a landspread special permit shall include the following:

a.

A completed application form as provided by the land development regulation administrator;

b.

A letter from the landowner authorizing sludge application on the site and granting access to county employees or agents of the county for inspections and;

c.

A copy of an approved natural resources conservation service conservation plan for the parcel of land where the landspreading is to take place. in the alternative, such plan may be prepared by a natural resources conservation service approved entity.

2.

[Site plan required.] The application shall be accompanied by a site plan, with accompanying maps as necessary, showing the following:

a.

The boundaries of the application site;

b.

The boundaries of the application zone or zones as designated by the agriculture use plan;

c.

Surrounding parcels for a distance of 1,000 feet from the boundaries of the application site and the uses of those parcels;

d.

All public roadways within 1,000 feet of the boundaries of the application site;

e.

All water wells on and within 1,000 feet of the boundaries of the application site;

f.

A topographic map of the area and its relationship to sink holes, watersheds, drainage ways, floodways, all surface waters, including wetlands, on and within 1,000 feet of the application site, with outstanding Florida waters indicated;

g.

All residential structures within 1,000 feet of the boundaries of the application site; and

h.

All parks, schools, or other buildings or areas of public assembly within 1,000 feet of the boundaries of the application site;

i.

A stormwater plan demonstrating that all stormwater runoff generated by a ten-year frequency storm will be prevented from entering or leaving the land application disposal site;

j.

Agriculture use plan as required by Florida Administrative Code Chapter 62-640.500;

k.

Proposed buffer area and type of vegetation used and;

l.

Conservation plan.

3.

Standards for issuance of permits. The applicant shall have the burden of establishing the following:

a.

The landspreading will take place pursuant to a permit issued by the Florida Department of Environmental Protection pursuant to rule 62-640, Florida Administrative Code, or by the Florida Department of Health pursuant to chapter 64E-6, Florida Administrative Code;

b.

The application site shall be permitted within Agriculture zoning districts and ten acres in size or greater. Domestic sludge may not be landspread in any other zoning district;

c.

No application site created after the adoption of this amendment shall be located within environmentally sensitive areas as defined by the county's comprehensive plan;

d.

No application site created after the adoption of this amendment shall be located within a 330-foot radius from an area platted as a residential subdivision, unrecorded residential subdivision or division of land into parcels of more than ten acres in size but less than 20 acres in size intended for residential uses;

e.

The land application at the proposed location will not have a substantial negative impact on surrounding land uses. Negative impacts that may be considered include, but are not limited to, odors, runoff, flies, noise or other such impacts. If the permit is denied based on such anticipated impacts, the board of county commissioners shall base the denial on written findings relating to such impacts.

4.

Within a reasonable time after the planning and zoning board has held its public hearing and making its recommendations, the board of county commissioners, after due public notice consisting of a legal advertisement as provided for in article 13, herein. Such matters shall be a public record, and approval, approval with conditions, or denial shall require formal action by the board of county commissioners. appeals from decisions of the board of county commissioners shall be heard as set out in article 12 of these land development regulations.

Every landspread special permit shall contain the following conditions.

a.

A permit from the Florida Department of Environmental Protection or Florida Department of Health authorizing the landspread operation be obtained and that a copy of such permit shall be provided to the land development regulation administrator prior to the commencement of landspreading;

b.

That the landspreading and associated activities shall take place in conformity with the Florida Department of Environmental Protection or Florida Department of Health permit, all conditions placed on such permit, and any agricultural use plan or conservation plan associated with such permit;

c.

That the landspreading and associated activities shall take place in conformity with the natural resources conservation service conservation plan or conservation plan prepared by an natural resources conservation service approved entity submitted to the county as part of the permit application;

d.

That a copy of all reports submitted to Florida Department of environmental Protection or Florida Department of Health pursuant to the Florida Department of Environmental Protection or Florida Department of Health permit shall be submitted to the land development regulation administrator at the same time such reports are submitted to Florida Department of Environmental Protection or Florida Department of Health;

e.

That the land development regulation administrator, his/her designee or agent, shall have the right to enter the landspread site for the purpose of monitoring or inspecting sludge disposal activity and for investigation complaints and alleged violations of these regulations. The issuance of any landspread special permit shall be deemed to be consent to, and authorization of, such entry or right of inspection;

f.

That, prior to the issuing of the special permit for landspreading operations, the applicant will provide to the land development regulation administrator, and shall maintain in effect at all times during the life of the permit, an irrevocable letter of credit drawn on a local bank, bond, or equivalent guarantee, in the amount of $50,000.00. The guarantee shall be for the cleanup and/or removal of sludge disposed of illegally or contrary to chapter 62-640, Florida Administrative Code, or chapter 64E-6, Florida Administrative Code, whichever is applicable, or this section, where such unlawful disposal occurred for any reason whatsoever including due to accident, weather event, negligence or third party involvement. This shall not be deemed to be a limitation on the liability of the applicant for any damage caused by the landspread operation;

g.

Setbacks shall be provided, as follows:

(1)

All landspreading operations shall be set back 50 feet from all surface waters and wetlands, including isolated wetlands, unless a greater setback is required under the Florida Department of Environmental Protection or Florida Department of Health permit or rules, or under the rules of the Suwannee River Water Management District;

(2)

All landspreading operations shall be set back 75 feet from any property line of property in separate ownership. Twenty-five feet of land between the property line and the setback line shall be forested or otherwise vegetated to sufficiently screen the use from neighboring properties in a manner that insures 80 percent opacity between two and six feet above grade as viewed from the shared property line. The property owner may make use of existing vegetation to achieve the required screening; and

(3)

Any storage, stockpiling or staging of domestic sludge shall maintain a 300-foot setback from all property lines, surface waters, sink holes and wetlands, including isolated wetlands. The board of county commissioners may grant a waiver only to setbacks from property lines upon receiving written permission by adjacent property owners.

h.

That, in order to insure compliance with setback requirements, the area where the landspreading will take place shall be delineated with markers that reach a minimum of 48 inches above grade;

i.

That the term of the permit shall be for five years from the date of issuance, with filing a copy of the annual permit and agriculture use plan from Florida Department of Environmental Protection or Florida Department of Health to the land development regulation administrator. Renewal of the special permit requires following the procedures for initial issuance as set forth herein;

j.

The application site shall be identified by use of a sign or other conspicuous marking giving the name of the operator and emergency contact phone number; and

k.

Such other specific conditions which the board of county commissioners determines are necessary to mitigate anticipated negative impacts of the proposed landspread operation. Such conditions may include the imposition of reasonable fees to cover the costs of inspections by the County and/or other regulatory costs.

5.

Enforcement.

a.

In the event of failure to comply with any of the provisions contained herein, or with any condition placed on a landspread special permit, the land development regulation administrator may require the land[spread] applicator to cease and desist or order such other suitable corrective measures on the part of such land applicator. Such measures shall include, but are not limited to, the following: closure of the site, additional stabilization, permit revocation or suspension, and any other appropriate process deemed necessary for odor reduction, correction of nuisance problems and/or remedying of violation of this section.

b.

In addition to any penalty provided by law for the violation of any of the provisions of this section, the board of county commissioners may bring suit in the appropriate circuit court to enjoin, restrain or otherwise prevent the violation of any of the provisions of this section in any manner as provided by law.

c.

The foregoing remedies shall not be exclusive, and the county may invoke any other remedies available pursuant to general law, special act or common law, including the general code enforcement provisions of the county.

(Ord. No. 2006-22, § 2, 8-3-06)

14.16.1

Purpose and intent. The purpose of this section is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors, to be known as the proportionate fair-share transportation program, as required by and in a manner consistent with F.S. § 163.3180(16).

14.16.2

Applicability. The proportionate fair-share transportation program shall apply to all developments in the county that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the county concurrency management system, including transportation facilities maintained by Florida Department of Transportation or another jurisdiction that are relied upon for concurrency determinations, pursuant to the concurrency requirements of this article of the land development regulations. The proportionate fair-share transportation program does not apply to developments of regional impact using proportionate fair-share under F.S. § 163.3180(12), or to developments exempted from concurrency as provided in the comprehensive plan and this article of the land development regulations, and/or F.S. § 163.3180 regarding exceptions and de minimis impacts.

14.16.3

General requirements.

1.

An applicant may choose to satisfy the transportation concurrency requirements of the county by making a proportionate fair-share contribution, pursuant to the following requirements:

a.

The proposed development is consistent with the comprehensive plan and applicable land development regulations, and

b.

The five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system includes a transportation improvement(s) that, upon completion, will satisfy the requirements of the concurrency management system. The provisions of paragraph 2. of this general requirements subsection herein may apply if a project or projects needed to satisfy concurrency are not presently contained within the capital improvements element of the comprehensive plan or an adopted long-term schedule of capital improvements for an adopted long-term concurrency management system.

2.

The county may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share transportation program by contributing to an improvement that, upon completion, will satisfy the requirements of the concurrency management system, but is not contained in the five-year schedule of capital improvements in the capital improvements element or a long-term schedule of capital improvements for an adopted long-term concurrency management system, where the following apply:

a.

The county adopts, by resolution, a commitment to add the improvement to the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or long-term schedule of capital improvements for an adopted long-term concurrency management system no later than the next regularly scheduled annual capital improvements element update. To qualify for consideration under this section, the proposed improvement must be reviewed by the local planning agency, and determined to be financially feasible pursuant to F.S. § 163.3180(16)(b)1. consistent with the comprehensive plan, and in compliance with the provisions of this section. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed ten years to fully mitigate impacts on the transportation facilities.

b.

If the funds allocated for the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan are insufficient to fully fund construction of a transportation improvement required by the concurrency management system, the county may still enter into a binding proportionate fair-share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair-share is calculated if the proportionate fair-share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system.

The improvement or improvements funded by the proportionate fair-share component must be adopted into the five-year schedule of capital improvements in the capital improvements element of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term schedule of capital improvements for an adopted long-term concurrency management system at the next regularly scheduled annual capital improvements element of the comprehensive plan update.

3.

Any improvement project proposed to meet the applicant's fair-share obligation must meet design standards of the County for locally maintained roadways and those of the Florida Department of Transportation for the state highway system.

14.16.4

Intergovernmental coordination. Pursuant to policies in the intergovernmental coordination element of the comprehensive plan and applicable policies in the North Central Florida Strategic Regional Policy Plan, the county shall coordinate with affected jurisdictions, including Florida Department of Transportation, regarding mitigation to impacted facilities not under the jurisdiction of the county. An interlocal agreement may be established with other affected jurisdictions for this purpose.

14.16.5

Application process.

1.

Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the proportionate fair-share transportation program pursuant to the requirements of this section.

2.

Prior to submitting an application for a proportionate fair-share agreement, a pre-application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the strategic intermodal system, then the Florida Department of Transportation will be notified and invited to participate in the pre-application meeting.

3.

Eligible applicants shall submit an application to the county that includes an application fee, as established by a fee resolution, as amended, by the county, and the following:

a.

Name, address and telephone number of owner(s), developer and agent;

b.

Property location, including parcel identification numbers;

c.

Legal description and survey of property;

d.

Project description, including type, intensity and amount of development;

e.

Phasing schedule, if applicable; and

f.

Description of requested proportionate fair-share mitigation method(s).

4.

The county shall review the application and certify that the application is sufficient and complete within 30 calendar days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the proportionate fair-share transportation program as described in this section, then the applicant will be notified in writing of the reasons for such deficiencies within 30 calendar days of submittal of the application. If such deficiencies are not remedied by the applicant within 30 calendar days of receipt of the written notification, then the application will be deemed abandoned. The board of county commissioners may, in its discretion, grant an extension of time not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure.

5.

Pursuant to F.S. § 163.3180(16)(e), proposed proportionate fair-share mitigation for development impacts to facilities on the strategic intermodal system requires the concurrence of the Florida Department of Transportation. The applicant shall submit evidence of an agreement between the applicant and the Florida Department of Transportation for inclusion in the proportionate fair-share transportation agreement.

6.

When an application is deemed sufficient, complete and eligible, the applicant shall be advised in writing and a proposed proportionate fair-share obligation and binding agreement will be prepared by the county and delivered to the appropriate parties for review, including a copy to the Florida Department of Transportation for any proposed proportionate fair-share mitigation on a strategic intermodal system facility, no later than 60 calendar days from the date at which the applicant received the notification of a sufficient application and no fewer than 15 calendar days prior to the board of county commissioners meeting when the agreement will be considered.

7.

The county shall notify the applicant regarding the date of the board of county commissioners meeting when the agreement will be considered for final approval. No proportionate fair-share agreement will be effective until approved by the board of county commissioners.

14.16.6

Determining proportionate fair-share obligation.

1.

Proportionate fair-share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities.

2.

A development shall not be required to pay more than its proportionate fair-share. The fair market value of the proportionate fair-share mitigation for the impacted facilities shall not differ regardless of the method of mitigation.

3.

The methodology used to calculate an applicant's proportionate fair-share obligation shall be as provided for in F.S. § 163.3180 (12) as follows:

The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted level of service (LOS), multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS.

OR

Proportionate Fair-Share = S[[(Development Trips;sub\sub;) / (SV Increase;sub\sub;)] x Cost;sub\sub; ]

Where:

4.

For the purposes of determining proportionate fair-share obligations, the county shall determine improvement costs based upon the actual cost of the improvement as obtained from the capital improvements element of the comprehensive plan, or the Florida Department of Transportation Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods.

a.

An analysis by the county of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the board of county commissioners. In order to accommodate increases in construction material costs, project costs shall be adjusted by the following inflation factor:

The three-year growth rate is determined by the following formula:

b.

The most recent Florida Department of Transportation Transportation Costs report, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted Florida Department of Transportation Work Program shall be determined using this method in coordination with the Florida Department of Transportation.

5.

If the county has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section.

6.

If the county has accepted right-of-way dedication for the proportionate fair-share payment, credit for the dedication of the non-site related right-of-way shall be valued on the date of the dedication at 120 percent of the most recent assessed value by the county property appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by the county and at no expense to the county. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the county at no expense to the county. If the estimated value of the right-of-way dedication proposed by the applicant is less than the county estimated total proportionate fair-share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair-share, public or private partners should contact the Florida Department of Transportation for essential information about compliance with federal law and regulations.

14.16.7

Proportionate fair-share agreements.

1.

Upon execution of a proportionate fair-share agreement the applicant shall receive county concurrency approval. Should the applicant fail to apply for a development permit within 12 months of the execution of the proportionate fair-share agreement, then the proportionate fair-share agreement shall be considered null and void, and the applicant shall be required to reapply.

2.

Payment of the proportionate fair-share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months after the date of execution of the agreement, then the proportionate fair-share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to the determining proportionate fair-share obligation subsection herein and adjusted accordingly.

3.

All developer improvements authorized under this section must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. Any required improvements shall be completed before issuance of building permits.

4.

Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair-share agreement must be completed prior to issuance of the final development order or recording of the final plat.

5.

Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair-share contributions to the extent the change would generate additional traffic that would require mitigation.

6.

Applicants may submit a letter to withdraw from the proportionate fair-share agreement at any time prior to the execution of the proportionate fair-share agreement. The application fee and any associated advertising costs to the county are non-refundable.

14.16.8

Appropriation of fair-share revenues.

1.

Proportionate fair-share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the capital improvements element of the comprehensive plan, or as otherwise established in the terms of the proportionate fair-share agreement. At the discretion of the board of county commissioners, proportionate fair-share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues may also be used as the 50 percent local match for funding under the Florida Department of Transportation's Transportation Regional Incentive Program.

2.

In the event a scheduled facility improvement is removed from the capital improvements element of the comprehensive plan, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of this section.

Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in F.S. § 339.155 and then the county may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share contributions and public contributions to seek funding for improving the impacted regional facility under the Florida Department of Transportation's Transportation Regional Incentive Program. Such coordination shall be ratified by the board of county commissioners through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose.

(Ord. No. 2006-52, § 1)