The unincorporated area of the County is hereby divided into districts as set out in Division 4 of this article and as shown in the Official Zoning District Atlas which is hereby adopted by reference and declared to be part of the LDRs.

(LDR, § 2001; Ord. No. 2012-01, § 2001, 5-22-2012)

Amendments, approved in accordance with the provisions of the LDRs and State law, shall be entered promptly on the Official Zoning District Atlas.

(LDR, § 2002; Ord. No. 2012-01, § 2002, 5-22-2012)

No changes of any nature shall be made to the Official Zoning District Atlas except in conformity with the procedures set out in the LDRs.

(LDR, § 2003; Ord. No. 2012-01, § 2003, 5-22-2012)

If the Official Zoning District Atlas becomes damaged, lost, destroyed or difficult to interpret by reason of the nature or number of changes, the Board of County Commissioners may, by ordinance, adopt a new Official Zoning District Atlas.

(LDR, § 2004; Ord. No. 2012-01, § 2004, 5-22-2012)

A district symbol or name shown within district boundaries on the Official Zoning District Atlas indicates the district regulations pertaining to the district extend throughout the entire area surrounded by the boundary line.

(LDR, § 2005; Ord. No. 2012-01, § 2005, 5-22-2012)

Boundaries appearing to follow the centerline of rights-of-way approximately shall be interpreted as being such centerlines. Boundaries indicated as approximately following city or County limits shall be construed as following such city or County limits. Boundaries indicated as following railroad tracks shall be construed as being midway between the main tracks. Boundaries indicated as following mean high water lines or centerlines of streams, canals, lakes or other bodies of water shall be construed as following such mean high water lines or centerlines. Boundaries indicated as entering any body of water shall be construed as extending in the direction in which they enter the body water to intersect with district boundaries or following physical features other than those listed above shall be construed as being parallel to or extensions of such features. Distances not specifically indicated on the Official Zoning District Atlas shall be determined by scale of the map on the sheet of the Atlas showing the property in question.

(LDR, § 2006; Ord. No. 2012-01, § 2006, 5-22-2012)

In the event any unincorporated territory within the County shall hereafter become incorporated, all regulations administered by the County shall remain in full force and effect until municipal land use regulations within such territory shall be adopted and take effect.

(LDR, § 2007; Ord. No. 2012-01, § 2007, 5-22-2012)

The regulations herein set out within each district shall apply uniformly to each class or kind of structure, or land or water use, except as hereinafter provided.

(LDR, § 2100; Ord. No. 2012-01, § 2100, 5-22-2012)

(a)

No building, structure use, or part thereof shall hereafter be erected, constructed, reconstructed, located, operated, maintained, moved or structurally altered except in conformity with the regulations for the district in which it is located.

(b)

Abortion clinics as defined by F.S. § 390.011(2) and regulated by Chapter 59A-9, Florida Administrative Code, are prohibited from being used, located, maintained, operated, erected, constructed or reconstructed in any zoning district in DeSoto County.

(c)

Persons who have been convicted of those violations identified in F.S. § 775.215(2) and (3), or who are designated a sexual predator under F.S. § 775.21, are prohibited from residing in DeSoto County within 2,500 feet of any school, school bus stop, child care facility, park, playground, place of worship, nursing home, assisted living facility, or public library.

(LDR, § 2101; Ord. No. 2012-01, § 2101, 5-22-2012; Ord. No. 2020-9, § 2, 11-17-2020)

No part of a required yard or open space provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use.

(LDR, § 2102; Ord. No. 2012-01, § 2102, 5-22-2012)

No lot or yard existing at the effective date of these regulations shall be reduced in size, dimension or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase and the like. Lots or yards created after the effective date of these regulations shall meet at least the minimum requirements established herein.

(LDR, § 2103; Ord. No. 2012-01, § 2103, 5-22-2012)

Land which is normally under water during the dry season shall be calculated as a part of a lot in determining the minimum lot or yard required. When reasonable and appropriate given the configuration of the lot and the submerged portion thereof, the Development Director may set setbacks at the edge of the submerged portion of the lot rather than measuring from the lot boundary.

(LDR, § 2104; Ord. No. 2012-01, § 2104, 5-22-2012; Ord. No. 2014-05, att. A, § 18(2104), 10-28-2014)

A structure that meets the definition of nonresidential farm building under F.S. § 604.50(2), that is used to support agricultural activities and which may include, but not be limited to, a barn, greenhouse, shade house, poultry house, farm office, storage shed and storage building, may not be converted to allow sleeping, cooking or recreation without proper inspections and permitting.

(LDR, § 2106; Ord. No. 2014-05, att. A, § 32(2106), 10-28-2014)

No land use, development permit or zoning approval for a new, or expansion of an existing, construction and demolition debris landfill will be granted in DeSoto County after the effective date of this section. The filing of an application for land use, development permit or zoning approval for a new, or expansion of an existing, construction and demolition debris landfill is prohibited after the effective date of this section. Existing approvals granted prior to the effective date of this section remain in full force and effect.

(Ord. No. 2020-3, § 2, 3-24-2020)

Essential services, as approved by the Board of County Commissioners, may be located in any zoning district, as follows:

(1)

Permitted uses.

a.

Sewer, water, and gas collection/distribution lines;

b.

Electric, telephone and television cables;

c.

Public buildings.

(2)

Special exception uses.

a.

Electric, coal, and gas generating plants;

b.

Automatic substations and switch stations necessary for operation of authorized utility systems that cover more than 80 square feet in size of land area and more than five feet in height.

(LDR, § 2201; Ord. No. 2012-01, § 2201, 5-22-2012)

(a)

Residential district commercial vehicle parking prohibited. Except as provided in Subsections (b) through (d) of this section, parking, storing, repairing or keeping of one or more commercial vehicle and equipment regulated by this section on any lot or parcel within a residential district (RSF, RM, RMF, RMF-M and ROI zoning districts) is prohibited.

(b)

Residential district commercial vehicle parking allowed for lots meeting minimum lot size. The following shall be allowed to be parked or stored in a residential district on property meeting the minimum lot size as follows:

(1)

The temporary parking or storage of construction equipment, vehicles or shipping containers, which are not affixed to the ground on private land in residential districts where construction is underway, and for which a current and valid building permit or other development permit has been issued by the County and is displayed on the premises, or involves improvements allowed by the LDR.

(2)

Any vehicle owned by a public or private utility provider when used in the event of emergencies requiring immediate attention.

(3)

The parking or storage of agricultural equipment and vehicles on private land used for bona fide agricultural purposes by the property owner or lessee.

(4)

The parking or storage of one commercial vehicle, one piece of equipment or one shipping container.

(5)

The parking or storage and routine maintenance of one commercial vehicle where the commercial vehicle is used by a resident of the premises if the commercial vehicle has a load capacity of less than two tons, is less than nine feet high (including the load, bed and box) and is less than 30 feet long.

(6)

For RM zoning districts whose principal use is residential, two commercial vehicles may be parked or stored on the property, and routine maintenance performed, if they are used by a resident of the premises, if each commercial vehicle is parked a minimum of 20 feet from all property boundaries and if the commercial vehicles each have a load capacity of less than two tons, are each less than nine feet high (including the load, bed and box) and are each less than 30 feet long. Upgrades to the culvert, driveway and apron may be required at the discretion of the County Engineer.

(c)

Special exceptions for lots not meeting minimum lot size. The parking of a commercial vehicle with a load capacity of less than two tons, less than nine feet high (including the load, bed and box) and less than 30 feet long, in residential zoning districts on property not meeting minimum lot size may be approved as a special exception provided the requirements listed below are met. Applications for a special exception pursuant to this section are to be reviewed in accordance with the criteria and procedures for special exceptions set forth in Article XI, Division 5, of this chapter.

(1)

Only one commercial vehicle, one piece of equipment or one shipping container, as regulated by this division, shall be parked on any residential lot or parcel.

(2)

Commercial vehicles shall be currently registered or licensed.

(3)

The parking of said vehicle does not have a negative impact to the health, safety or welfare of adjacent properties.

(4)

Commercial vehicles must be parked on the same property occupied by the owner or operator of the vehicle.

(5)

The vehicle shall not be parked in the front yard of the residence.

(6)

The parking area shall be at least 20 feet from all property boundaries.

(7)

The vehicle shall park in a manner so that the minimum amount of vehicle surface is facing the road adjacent to the property.

(8)

All driveway improvements are the responsibility of the property owner. A commercial driveway, apron, and culvert upgrades may be required at the discretion of the County Engineer.

(9)

Refrigerator units on vehicles shall not be operated on the site.

(10)

For RM zoning districts whose principal use is residential, two commercial vehicles may be parked or stored on the property, and routine maintenance performed, if they are used by a resident of the premises, if each commercial vehicle is parked a minimum of 20 feet from all property boundaries and if the commercial vehicles each have a load capacity of less than two tons, are each less than nine feet high (including the load, bed and box) and are each less than 30 feet long. Upgrades to the culvert, driveway and apron may be required at the discretion of the County Engineer.

(11)

Approvals shall be valid for one year, or for a shorter period as specified by the Board of County Commissioners. Approvals may be administratively renewed, with proper application, following notice provided to the Development Director no less than 30 days prior to the expiration date, if the commercial vehicle location is consistent with the land development regulations and conditions of approval. The applicant shall bear the burden in demonstrating that the vehicle parking still meets the criteria of the approved special exception and this section.

(d)

Special exceptions for larger commercial vehicles.

(1)

Commercial vehicles with a load capacity of more than two tons, and/or are more than nine feet high (including the load, bed and box), and/or are more than 30 feet long, may be allowed in residential zoning districts by special exception provided that they meet the criteria and follow the procedure for special exception approval provided in Article XI, Division 5, of this chapter.

(2)

Approvals shall be valid for one year, or for a shorter period as specified by the Board of County Commissioners. Approvals may be administratively renewed, with proper application, following notice provided to the Development Director no less than 30 days prior to the expiration date, if the commercial vehicle location is consistent with the land development regulations and conditions of approval. The applicant shall bear the burden in demonstrating that the vehicle parking still meets the criteria of the approved special exception and this section.

(LDR, § 2202; Ord. No. 2012-01, § 2202, 5-22-2012; Ord. No. 2014-06, § 15, 10-28-2014)

(a)

Motor vehicles, recreational vehicles or trailers, of any type, without current license plates, or which appear to be abandoned or in significant disrepair, shall not be parked or stored outdoors in any district that allows residential use.

(b)

Other than as authorized in zoning districts TTRVC and RVC, or for medical hardship under Section 20-728(e), a recreational vehicle, trailer or travel trailer is prohibited unless it is parked on property with a dwelling or is stored in an enclosed structure, and is owned by the owner or occupant of that property; provided, however, that other than as authorized in zoning districts TTRVC and RVC, or for medical hardship under Section 20-728(e), said recreational vehicle, trailer or travel trailer may not be connected to any water utility or well, wastewater utility or septic tank, occupied or used for storage.

(LDR, § 2203; Ord. No. 2012-01, § 2203, 5-22-2012; Ord. No. 2014-05, att. A, § 16, 10-28-2014)

(a)

Parcels that meet minimum lot size. The parking or storage of no more than two commercial vehicles in the A-10 zoning district and no more than one commercial vehicle in the A-5 zoning district is permitted on parcels that meet the minimum lot size, provided that the vehicle is parked a minimum of 20 feet from all property boundaries and on the same property occupied by, or on adjacent property owned by, the owner or operator of the vehicle. Additional commercial vehicles may be allowed by special exception on said A-10 and A-5 parcels that meet minimum lot size, provided the criteria for special exceptions in Article XI, Division 5, of this chapter are met. Upgrades to the culvert, driveway and apron will be at the discretion of the Public Works Director or County Engineer.

(b)

Parcels that do not meet minimum lot size. Parking or storage of commercial vehicles in A-10 and A-5 zoning districts on parcels that do not meet minimum lot size may only be allowed by special exception, provided that the vehicles are parked a minimum of 20 feet from all property boundaries and on the same property occupied by, or on adjacent property owned by, the owner or operator of the vehicle, and the criteria in Article XI, Division 5, of this chapter for special exceptions are met. Upgrades to the culvert, driveway and apron will be at the discretion of the Public Works Director or County Engineer.

(c)

Bona fide agricultural operations. This section does not apply to or limit the number vehicles or amount of equipment parked in A-10 or A-5 districts that are engaged in bona fide agricultural operations.

(d)

Commercial vehicle or equipment repair. In addition to the foregoing, the temporary parking or storage of commercial vehicles or equipment by a person engaged in the business of commercial repair of such vehicles or equipment may be allowed by special exception in A-10 or A-5 districts on property owned or occupied by said person while said vehicles or equipment are awaiting repair; provided that if commercial vehicles or equipment is stored for longer than 30 days while awaiting commercial repair, they must be parked in a storage yard of up to one acre and enclosed within a six foot high opaque fence or landscape barrier.

(LDR, § 2204; Ord. No. 2014-05, att. A, § 38, 10-28-2014; Ord. No. 2019-7, § 2, 6-25-2019)

The following zoning districts are designated as delineated on the Official Zoning District Atlas:

(LDR, § 2301; Ord. No. 2012-01, § 2301, 5-22-2012)

The intent of the Agricultural 10 District (A-10) is primarily agricultural, pastoral, the extraction or processing of non-phosphate minerals, and low-density residential development. This district is designed to accommodate traditional agricultural uses and conservatory measures, where appropriate, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, at a gross density of one dwelling per ten acres. At the same time, the intent is to prevent the creation of conditions which would endanger damage or destroy the agricultural base of the County, the environmental resources of the County, the potable water supply and the wildlife resources. The first priority of this district is agricultural uses.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One single-family dwelling or residentially designed manufactured home per parcel; family day care home.

2.

Agricultural uses and related uses, such as, but not limited to: animal breeding, training, stabling; bee keeping; livestock grazing; field crops; fruit and nut production; forestry; gardening; aquaculture and commercial fisheries; aviary; egg and milk production; poultry production; citrus packing; feed lots; livestock sales facilities.

3.

Wildlife management areas, plant and wildlife conservancies, refuges and sanctuaries for domestic or non-exotic animals; botanical gardens.

4.

Wholesale plant nurseries, greenhouses, and accessory of garden supplies.

5.

Sale of agricultural products, roadside produce stands.

6.

Utility grade solar plant solar facility in compliance with F.S. 163.3205, as amended.

7.

Agricultural buildings, such as, but not limited to, barns, feed storage sheds, animal storage buildings, and agricultural equipment storage buildings.

8.

Agricultural support mobile home (one only) on a parcel of land no smaller than 40 acres, having an agricultural classification for ad valorem tax purposes, and occupied by a family supporting the agricultural operation.

9.

Bed and breakfast, agri-tourism related development.

10.

Veterinary hospital and clinic.

11.

Wholesale agricultural produce transfer stations (temporary use or permanent).

12.

Hunting cabin on a parcel of land no smaller than 40 acres.

13.

Private docks.

14.

Primitive tent camping for recreational, noncommercial purposes, that:

(i)

Is provided to the general public without a fee;

(ii)

Is provided to the general public without any associated water and/or sanitary facilities or improvements;

(iii)

Has a maximum of two primitive camping sites per acre; and

(iv)

Is limited to no more than seven days per calendar month per campsite.

15.

The parking or storage of agricultural equipment and vehicles used for bona fide agricultural purposes by the property owner or lessee.

16.

A banquet hall provided it is on property with a minimum size of 15-acres.

17.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district.

2.

Home occupations.

3.

Country clubs, tennis courts.

4.

Temporary occupancy of mobile home, RV, or accessory structure (see Section 20-728(c)).

5.

Guest house (see Section 20-660).

6.

Medical hardship mobile home (see Section 20-728(e)).

7.

Cemeteries, as an accessory use to a place of worship (see Section 20-689 (a), (b) and (c)).

8.

Solar facility accessory uses may include administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

c.

Special exception uses and structures.

1.

Agriculturally related processing, canning or packing plant; wineries that sell wine that is fermented on site; slaughterhouses; sawmills; headquarters for off-site agricultural operations; agricultural support housing (see Section 20-664).

2.

Aviation facilities.

3.

Communication transmitting and receiving facilities, non-occupied; minimum setback from any property boundary line equal to 100 percent of proposed tower height.

4.

Drag strips and race tracks.

5.

Oil and gas exploration, extraction, production and processing, sanitary landfills.

6.

Firing range (indoor or outdoor).

7.

Kenneling.

8.

Place of worship.

9.

Recreation and leisure, such as, but not limited to, parks and playgrounds; sports arenas; community and recreation centers; libraries; museums; marinas and/or boat rental facilities; zoo; sale of alcoholic beverages in connection with a restaurant in a golf course clubhouse.

10.

Accessory apartment.

11.

Golf course.

12.

Excavation (other than phosphate) and related processes, earthmoving.

13.

Funeral homes, refrigeration facilities as defined in F.S. § 497.005(68).

14.

Parking or storage of commercial vehicles or equipment by a person engaged in the business of commercial repair of such vehicles or equipment in accordance with section 20-98(d).

15.

Family cemeteries (see Section 20-689(d)).

16.

Other similar uses which are comparable in nature with the foregoing.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: ten acres, unless otherwise specified.

b.

Minimum lot width: 300 feet.

c.

Minimum yard requirements:

1.

Front yard: 50 feet.

2.

Side yard: 30 feet.

3.

Rear yard: 50 feet.

d.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard except for solar facility accessory uses.

e.

Maximum density: one dwelling unit per ten acres.

f.

Maximum impervious lot coverage: unrestricted.

(LDR, § 2304; Ord. No. 2012-01, § 2304, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2014-06, § 9, 10-28-2014; Ord. No. 2018-6, § 5, 3-27-2018; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2019-7, § 3, 6-25-2019; Ord. No. 2021-12, § 4, 12-14-2021; Ord. No. 2024-003, § 2, 5-28-2024; Ord. No. 2024-005, § 2, 6-25-2024)

The intent of the Agricultural 5 District (A-5) is primarily agricultural, pastoral, the extraction and processing of non-phosphate minerals and low-density residential development. This district is designed to accommodate traditional agricultural uses and conservatory measures, where appropriate, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, at a gross density of one unit per five acres. At the same time, the intent is to prevent the creation of conditions which would endanger, damage, or destroy the agricultural base of the County, the environmental resources of the County, the potable water supply and the wild life resources. The first priority of this district is agricultural uses.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One single-family dwelling or residentially designed manufactured home per parcel; family day care home.

2.

Agricultural uses and related uses, such as, but not limited to, animal breeding, training, stabling; beekeeping; livestock grazing; field crops; fruit and nut production; forestry; gardening; aquaculture and commercial fisheries; aviary; egg and milk production; poultry production.

3.

Wildlife management areas, plant and wildlife conservancies, refuges and sanctuaries for domestic or non-exotic animals; botanical gardens.

4.

Wholesale plant nurseries, greenhouses, and accessory of garden supplies.

5.

Sale of agricultural products, roadside produce stands.

6.

Utility grade solar plant solar facility in compliance with F.S. 163.3205, as amended.

7.

Agricultural buildings, such as, but not limited to: barns, feed storage sheds, animal storage buildings, and agricultural equipment storage buildings.

8.

Agricultural support mobile home (one only) on a parcel of land no smaller than 40 acres, having an agricultural classification for ad valorem tax purposes, and will be occupied by a family supporting the agricultural operation.

9.

Bed and breakfast, agri-tourism related development.

10.

Veterinary hospital and clinic.

11.

Wholesale agricultural produce transfer station (temporary use or permanent).

12.

Hunting cabin on a parcel of land no smaller than 40 acres.

13.

Private docks.

14.

Primitive tent camping for recreational, noncommercial purposes, that:

(i)

Is provided to the general public without a fee;

(ii)

Is provided to the general public without any associated water and/or sanitary facilities or improvements;

(iii)

Has a maximum of two primitive camping sites per acre; and

(iv)

Is limited to no more than seven days per calendar month per campsite.

15.

The parking or storage of agricultural equipment and vehicles used for bona fide agricultural purposes by the property owner or lessee.

16.

A banquet hall provided it is on property with a minimum size of 15-acres.

17.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures which are incidental to and customarily associated with the uses permitted in the district.

2.

Home occupations (see Section 20-662).

3.

Country clubs, tennis courts.

4.

Temporary occupancy of mobile home, RV, or accessory structure (see Section 20-728(c)).

5.

Guest house (Section 20-660).

6.

Medical hardship mobile home (Section 20-728(e)).

7.

Cemeteries, as an accessory use to a place of worship (see Section 20-689 (a), (b) and (c)).

8.

Solar facility accessory uses may include administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

c.

Special exception uses and structures.

1.

Agriculturally related processing, canning or packing plant; wineries that sell wine that is fermented on site; slaughterhouses; citrus packing; feed lots; sawmills; headquarters for off-site agricultural operations; livestock sales facilities; agricultural support housing (see Section 20-664).

2.

Aviation facilities.

3.

Communication transmitting and receiving facilities, non-occupied; minimum setback from any property boundary line equal to 100 percent of proposed tower height.

4.

Drag strips and race tracks.

5.

Oil and gas exploration, extraction, production and processing; sanitary landfills; earthmoving.

6.

Firing range (indoor or outdoor).

7.

Kenneling.

8.

Place of worship.

9.

Recreation and leisure uses, such as, but not limited to: parks and playgrounds; sports arenas; community and recreation centers; libraries; museums; marinas and/or boat rental facilities; zoo, sale of alcoholic beverages in connection with a restaurant in a golf course clubhouse.

10.

Accessory apartment.

11.

Golf course.

12.

Excavation (other than phosphate) and related processes; earthmoving.

13.

Funeral homes, refrigeration facilities as defined in F.S. § 497.005(68).

14.

Parking or storage of commercial vehicles or equipment by a person engaged in the business of commercial repair of such vehicles or equipment in accordance with section 20-98(d).

15.

Family cemeteries (see Section 20-689(d)).

16.

Other similar uses which are comparable in nature with the foregoing.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot areas: five acres unless otherwise specified.

b.

Minimum lot width: 165 feet

c.

Minimum yard requirements:

1.

Front yard: 50 feet.

2.

Side yard: 30 feet.

3.

Rear yard: 50 feet.

d.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard except for solar facility accessory uses.

e.

Maximum density: one dwelling unit per five acres.

f.

Maximum impervious lot coverage: unrestricted.

(LDR, § 2305; Ord. No. 2012-01, § 2305, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2014-06, § 10, 10-28-2014; Ord. No. 2018-6, § 6, 3-27-2018; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2019-7, § 4, 6-25-2019; Ord. No. 2021-12, § 4, 12-14-2021; Ord. No. 2024-003, § 2, 5-28-2024; Ord. No. 2024-005, § 2, 6-25-2024)

The intent of the Residential Single-Family District (RSF) is to create five distinct low to moderate residential density zoning districts, subject to restrictions and requirements necessary to preserve and protect these low to moderate residential density activities from high density urban uses and the intrusion of intense agricultural uses, while allowing limited agricultural activities under specified conditions.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One single-family dwelling per lot.

2.

Bed and breakfast (in RSF-1 only).

3.

Family day care home.

4.

Grazing animals on parcels of five acres or more.

5.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Private boat houses and docks, with or without boat hoists, on a lake, canal or waterway lots.

2.

Customary accessory uses and structures, including private garages.

3.

Gardening and greenhouses.

4.

Community and recreation centers.

5.

Country clubs, swimming pools, golf courses.

6.

Tennis courts.

7.

Group home, small (in RSF-1 only).

8.

Home occupations (see Section 20-662).

9.

Medical hardship mobile home (see Section 20-728(e)).

10.

Guest house (in RSF-1 only) (see Section 20-660).

c.

Special exception uses and structures.

1.

Agricultural activities on adjacent parcels that are under common ownership totaling a minimum of ten undeveloped acres, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Non-commercial boat launching facilities and multiple docking areas.

3.

Recreational facilities not accessory to principal use.

4.

Place of worship, private or parochial schools.

5.

Parks and playgrounds.

6.

Libraries.

7.

Grazing animals on property under common ownership totaling a minimum of one acre and not more than five acres.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area.

b.

Minimum lot width.

c.

Maximum density.

d.

Minimum yard requirements.

e.

Maximum impervious lot coverage. For all RSF districts, maximum impervious lot coverage is 35 percent.

f.

Setbacks for accessory structures.

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

(LDR, § 2306; Ord. No. 2012-01, § 2306, 5-22-2012; Ord. No. 2014-05, Att. A, § 35, 10-28-2014; Ord. No. 2015-10, Att. A, § 2306, 9-22-2015; Ord. No. 2021-07, § 1, 10-26-2021; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Residential Mixed District (RM) is to provide for mobile homes, manufactured homes, and conventional housing occupied as single-family structures in an environment of residential character, designed to enhance living conditions, while allowing limited agricultural activities under specified conditions. No new RM Districts are intended to be created.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One mobile home or manufactured home per lot.

2.

One single-family dwelling unit per lot.

3.

Community and recreation center.

4.

Grazing of livestock.

5.

Agricultural buildings, such as, but not limited to, barns, feed storage sheds, animal storage buildings, and agricultural equipment storage buildings.

6.

Family day care home.

7.

Agri-tourism related development.

8.

A banquet hall provided it is on property with a minimum size of 15-acres.

9.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Customary accessory uses and structures for permitted principal uses and structures in this district.

2.

Detached private garage and utility building.

3.

Hobby or craft shop, not for commercial use.

4.

Swimming pool and golf courses.

5.

Boat docks and tennis courts.

6.

Gardening and greenhouses.

7.

Temporary occupancy of mobile home, RV, or accessory structure (see Section 20-728(c)).

8.

Home occupations (see Section 20-662).

9.

Guest house (see Section 20-660).

10.

Medical hardship mobile home (see Section 20-728(e)).

c.

Special exception uses and structures.

1.

Agricultural activities on adjacent parcels that are under common ownership totaling a minimum of ten undeveloped acres, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Place of worship.

3.

Child care center.

4.

Parks and playgrounds.

5.

Schools and libraries.

6.

Staging area.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: five acres.

b.

Minimum lot width: 165 feet.

c.

Minimum yards:

1.

Front yard: 50 feet.

2.

Side yard: 30 feet.

3.

Rear yard: 50 feet.

d.

Maximum density: one unit per five acres.

e.

Maximum impervious lot coverage: 30 percent.

f.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

(LDR, § 2307; Ord. No. 2012-01, § 2307, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2015-10, att. A, § 2307, 9-22-2015; Ord. No. 2018-6, § 4, 3-27-2018; Ord. No. 2019-21, § 3, 11-19-2019; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Residential Multifamily District (RMF) is to permit a variety of residential structure types and allow limited agricultural activities under specified conditions.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One single-family dwelling unit.

2.

One two-family dwelling per lot.

3.

Multifamily dwellings.

4.

Adult congregate living facility.

5.

Family day care home.

6.

Rest homes, homes for the aged, adult foster homes, hospice, children's homes, rehabilitation centers.

7.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Customary accessory uses and structures.

2.

Gardening, greenhouses.

3.

Community and recreation centers, golf courses, tennis courts, country clubs, swimming pools.

4.

Home occupations.

c.

Special exceptions.

1.

Agricultural activities on adjacent parcels that are under common ownership totaling a minimum of ten undeveloped acres, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Place of worship, public, private, parochial schools and child care centers.

3.

Civic and cultural facilities, libraries.

4.

Recreational facilities not accessory to principal use.

5.

Parks and playgrounds.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot requirements:

b.

Minimum yards:

c.

Maximum density:

d.

Maximum impervious lot coverage: For all RMF districts, 50 percent.

e.

Separation between structures: ten feet or one-half the height of the tallest adjacent structure.

f.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

(LDR, § 2308; Ord. No. 2012-01, § 2308, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2015-10, att. A, § 2308, 9-22-2015; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Residential Multifamily Mixed District (RMF-M) is to permit mobile homes and manufactured homes in addition to those residential uses allowed in the RMF district, and also to allow limited agricultural activities under specified conditions. This recognizes that mobile homes are part of the fabric and personality of the district. No new RMF-M districts are to be created.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One single-family dwelling unit.

2.

One two-family dwelling per lot.

3.

One single mobile home or manufactured home.

4.

Multifamily dwellings.

5.

Adult congregate living facility.

6.

Family day care home.

7.

Rest homes, homes for the aged, hospices, children's homes and rehabilitation centers.

8.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Customary accessory uses and structures.

2.

Gardening and greenhouses.

3.

Community and recreation centers, golf courses, tennis courts, country clubs, swimming pools.

4.

Home occupations.

c.

Special exceptions.

1.

Agricultural activities on adjacent parcels that are under common ownership totaling a minimum of ten undeveloped acres, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Place of worship, public, private, parochial schools and child care centers.

3.

Civic and cultural facilities, libraries.

4.

Recreational facilities not accessory to principal use.

5.

Parks and playgrounds.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot requirements:

b.

Minimum yards:

c.

Maximum impervious lot coverage: 50 percent.

d.

Minimum separation between structures: ten feet or one-half the height of the tallest adjacent structure.

e.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

(LDR, § 2309; Ord. No. 2012-01, § 2309, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2015-10, att. A, § 2309, 9-22-2015; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Mobile Home Subdivision District (MHS) is to permit mobile homes on lots in a platted subdivision up to the maximum density allowed in the Comprehensive Plan.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

One mobile home or manufactured home per lot.

2.

One single-family dwelling unit per lot.

3.

Recreation and community center.

4.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with single-family development.

2.

Gardening, greenhouses, golf courses, tennis courts.

3.

Guest house (see Section 20-660).

4.

Medical hardship mobile home (see Section 20-728(e)).

c.

Special exception uses and structures.

1.

Schools, private and parochial.

2.

Civic and cultural facilities.

3.

Place of worship.

4.

Child care center.

5.

Accessory apartment.

6.

Libraries.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 7,500 square feet.

b.

Minimum width: 75 feet.

c.

Minimum yards:

1.

Front yard: 20 feet.

2.

Side yard: 7½ feet.

3.

Rear yard: ten feet.

d.

Maximum density: six units per acre.

e.

Minimum size for rezoning application: 20 acres.

f.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

g.

Maximum impervious surface lot coverage: 50 percent.

(LDR, § 2310; Ord. No. 2012-01, § 2310, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Mobile Home Park District (MHP) is to permit mobile homes in a park on approved spaces rented to individuals. The park shall be under one ownership and provide on-site management of the park.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered, used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Mobile homes and manufactured homes.

2.

Recreation facilities.

3.

One single-family conventional structure in conjunction with the operation of the MHP.

4.

Parks and playgrounds.

5.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with mobile home parks, including patios, recreation facilities, administration buildings, service buildings and utilities.

2.

Country clubs.

c.

Special exception uses and structures.

1.

Civic or cultural facilities.

2.

Place of worship.

3.

Upon completion and occupancy of 50 percent or more of the designed lot capacity of the mobile home park, convenience establishments of a commercial nature, including, but not limited to, stores, laundry and dry cleaners, beauty shops and barbershops, may be permitted in mobile home parks, provided that such establishments and the parking area primarily related to their operation shall not occupy more than ten percent of the park area; shall be located, designed and intended to serve the needs of persons residing in the park; and shall present no visible evidence of commercial character from outside the park.

4.

Mobile homes sales, provided that the following restrictions are met:

(i)

Such uses shall not occupy more than ten percent of the area of the park or two acres, whichever is smaller.

(ii)

A visual buffer shall be provided around the area of outside display adjacent to residential zoning districts.

5.

Child care center (in separate building).

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum park size: 20 acres.

b.

Minimum yard requirements:

1.

Front yard: 25 feet.

2.

Side yard: 25 feet.

3.

Rear yard: 25 feet.

c.

Maximum density: nine units per acre.

d.

Minimum separation between structures: ten feet.

e.

Maximum impervious lot coverage: 50 percent

f.

Required recreation area: five percent of the total project site shall be developed for recreational use of park residents.

1.

Required recreation area may include lands for buildings for assembly, meeting and game rooms and similar sheltered uses.

2.

Half the required area shall be useable and improved land and half may be water surface area (excluding retention pond) if such area is available and appropriate for recreational use.

g.

Internal park street system required: All spaces within a mobile home rental park shall have direct access from an internal private paved street which provides safe and convenient access to a public street. Direct lot access to a public street is not permitted.

h.

Minimum off-street parking:

1.

Two spaces per mobile home shall be provided and located within the boundaries of the mobile home rental park.

2.

All commercial uses and other uses accessory to the park shall provide parking in compliance with Section 20-536.

i.

Required buffers:

1.

The mobile home park shall provide and maintain a clear buffer area not less than 25 feet in width abutting all property lines (except for roadway access).

2.

In addition to the landscape and buffer requirements in Article VI, Division 6, of this chapter, a five-foot-high ornamental screening composed of structural or plant material shall be provided within the buffer area to provide a reasonable degree of visual screening between the mobile home park and adjoining properties. Such screening shall be maintained in good condition at all times.

j.

Emergency shelter: Each mobile home park shall provide an on-site structure to accommodate mobile home park occupants during an emergency. The shelter shall provide 40 square feet of floor space for each mobile home space located in the park. Alternate cooking fuel sources and electrical generation for emergency lighting shall be provided and maintained.

(LDR, § 2311; Ord. No. 2012-01, § 2311, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Travel Trailer Recreational Vehicle Campground District (TTRVC) is to permit travel trailers, recreational vehicles, campgrounds (tents), campers, and park trailers. Park trailers shall be considered permanent structures, unlike travel trailers, fifth-wheel trailers, motor homes or other types of recreational vehicles.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Travel trailers, pick-up coaches, motor homes, park trailers and other recreational vehicles (one per recreational vehicle space).

2.

Campsite facilities for tent camping and camping trailers.

3.

A maximum of two single-family dwelling units (including mobile homes) for management.

4.

Any mobile home existing on a recreational vehicle site within a TTRVC zoning district prior to May 17 ^th , 2017 shall be considered a legal, conforming use.

5.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with travel trailer recreational vehicle parks, including open patios, carports, recreation facilities, administration buildings, service buildings and utilities.

2.

Travel trailer or recreational vehicle sales, which occupy not more than five percent of the area of the park or one acre, whichever is smaller.

3.

Dead storage area subject to the following requirements:

(i)

Such use shall not occupy more than ten percent of the project.

(ii)

The area shall be screened with a Type "A" buffer except that any portion of a dead storage area adjacent to a roadway shall require a Type "B" buffer.

(iii)

Dead storage shall only be available for use by occupants of a recreation vehicle space in the park and may not be used for general commercial storage by others.

4.

Community and recreation centers, country clubs, golf courses, tennis courts.

5.

Parks and playgrounds.

6.

Commercial facilities, limited to and designed for convenience services to park occupants, located in the interior of the park and presenting no visible evidence of the commercial character from any public street outside the park.

7.

Individual storage sheds.

c.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

d.

Exemption for enclosures. Each park trailer or recreational vehicle that has a vehicular body length not less than 18 feet may have one enclosure with insect screening when the awning is designed and installed in accordance with the following requirements:

1.

The enclosure's attachment to recreational vehicle body shall be designed and installed to allow non-destructive disassembly into its component parts or placed into a legal travel mode. All fasteners shall be corrosion-resistant screws, bolts or similar reusable devices that will allow assemble/disassembly of the attachment.

2.

Any enclosure installed shall be free standing from the recreational vehicle and shall be designed and permitted in a manner that does not meet the Florida Building Code definition for a habitable unit. This provision is intended to avoid enclosures that include all primary components, which are kitchen, bathroom, and living space.

3.

The enclosure may be enclosed with insect screening and screen door, vinyl fabric, or similar enclosing material.

4.

Upon removal of a recreational vehicle or park trailer from an individual space, any awning shall be simultaneously disassembled and removed from the site.

5.

No enclosure or addition shall be located within any setback requirements from the exterior boundary of the park or any required buffer area, the public street, separation between structures or utility or drainage easement.

6.

This section does not preclude the installation of factory-made enclosures designed for individual windows or to be constructed of wood, aluminum, or other similar materials not designed to be removed.

7.

No enclosure shall be used for the storage of automobiles.

(2)

Development standards.

a.

Minimum park size: 20 acres.

b.

Minimum yards:

1.

Within recreational vehicle spaces (except as provided below): no required minimum

2.

From any required buffer area: ten feet.

3.

Separation between structures: ten feet as measured from eave-to-eave.

c.

Maximum impervious lot coverage: 50 percent.

d.

Required recreation areas: Space within the TTRVC park shall be developed for recreational uses. Such area shall not be less than 15 percent of the project area and not more than half of that requirement may be water surface area, excluding retention ponds.

e.

Maximum density: 25 recreational vehicles per gross acre

f.

Minimum off-street parking.

1.

One automotive parking space per recreational vehicle space and tent camping space.

2.

All commercial uses and other uses accessory to the park shall comply with Section 20-536.

g.

Access: TTRVC parks must have direct access to a dedicated or maintained County- or State right-of-way in two locations; provided, however, that one entrance may be for emergency vehicles only. Each side of the primary accessway shall incorporate an entrance feature, such as but not limited to a park identification sign, flags, a water feature, decorative columns, artwork, and ornamental landscaping.

h.

Buffers:

1.

TTRVC parks shall provide and maintain a buffer area not less than:

(i)

20 feet in width abutting all property lines (except for roadway access).

(ii)

25 feet from public rights-of-way, excluding state and county highway.

(iii)

30 feet from any State or County highway right-of-way. Within the 30 feet setback from a street or highway, a minimum five foot high sodded berm, as measured by the centerline of the abutting roadway, and a Buffer "B" landscape strip shall be installed at the top of the berm.

2.

A Type "A" landscape buffer shall be required along all side and rear property lines.

j.

Evacuation. All recreational vehicles shall be required to vacate a recreational vehicle park if the park is shown within the cone of uncertainty for the path of a hurricane 36 hours prior to the time the hurricane is estimated to be over the park, except where a recreational vehicle is tied down consistent with the Florida Building Code.

(3)

Standards for operation: The following standards apply to recreational vehicle spaces.

a.

All recreational vehicle spaces and tent campsite spaces within a TTRVC park shall have direct access to an internal street for safe and convenient access to a public street. All interior roads shall be paved, owned, and maintained by the owner or operator of the park. All roads shall be open for access at all times to public safety, other emergency vehicles, code enforcement, and solid waste vehicles, and shall meet the minimum structural load and street widths for fire suppression vehicles.

b.

Potable water supply as required by Section 64E-15.003, Florida Administrative Code.

c.

Sewage disposal as required by Section 64E-15.004, Florida Administrative Code.

d.

Sanitary facilities as required by Section 64E-15.004, Florida Administrative Code.

e.

No tent campsite shall be used for human habitation for a period exceeding 30 consecutive days and no recreational vehicle space shall be used for human habitation for a period exceeding 180 days. The intent of this provision is to prohibit the use of campgrounds for permanent or semi-permanent use as a dwelling.

f.

Required facilities for tent campsites:

1.

Lighted sanitary facilities, to include flush toilets and showers within 400 feet walking distance from every campsite.

2.

Potable water supply (source and distribution).

3.

Refuse collection, storage and disposal shall be in accordance with State law with at least one garbage or trash receptacle for every two campsites or daily refuse on-site collection.

(LDR, § 2312; Ord. No. 2012-01, § 2312, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. 2017-14, §§ 1—4, 8-22-2017; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Residential-Office-Institutional District (ROI) is to provide a transitional zone between residential districts and commercial or industrial uses and also to allow limited agricultural activities under specified conditions.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Single-family residence, duplexes, and multifamily residences.

2.

Adult congregate living facility.

3.

Hotels and motels.

4.

Nursing, convalescent and extended care facilities; rehabilitative clinic.

5.

Medical offices, medical and dental lab or clinics, hospitals.

6.

Professional offices.

7.

Financial institutions, personnel and management services, computer and data processing services, employment agencies.

8.

Funeral homes, refrigeration facilities as defined in Florida Statute 497.005(68).

9.

Service clubs, such as Lions, Elks, American Legion; libraries, museums.

10.

Hospice.

11.

Large group home.

12.

Family day care home.

13.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Customary accessory uses and structures.

2.

Guest house (see Section 20-660).

3.

Medical hardship mobile home (see Section 20-728(e)).

c.

Special exceptions.

1.

Agricultural activities on adjacent parcels that are under common ownership totaling a minimum of ten undeveloped acres, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Animal hospitals and veterinary clinics (excluding kennels).

3.

Child care centers.

4.

Parks and playgrounds.

5.

Place of worship.

6.

Private schools.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 8,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements:

1.

Front yard: 40 feet.

2.

Side yard: 20 feet.

3.

Rear yard: 40 feet.

d.

Maximum density: 12 dwelling units per acre.

e.

Maximum impervious lot coverage: 70 percent.

f.

Accessory structure setback requirements:

1.

Side yard: five feet.

2.

Rear yard: five feet.

3.

Front yard: Accessory structures are not permitted in the front yard.

g.

Minimum off-street parking: See Section 20-536.

(LDR, § 2313; Ord. No. 2012-01, § 2313, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2015-10, att. A, § 2313, 9-22-2015; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Commercial Neighborhood District (CN) is to permit the lowest order of commercial goods and services which meet the daily needs of nearby residents. Commercial neighborhood uses will be limited to within 500 feet of the intersection of an arterial or a collector and another public roadway and be buffered from adjacent residential zoning districts.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Retail sale of agricultural supplies; lawn and garden supplies.

2.

Automobile service stations; car washes.

3.

Neighborhood oriented retail uses such as delicatessens, food stores, hardware stores, etc.

4.

Restaurant, including drive-ins or drive through.

5.

Repair shop: radio, TV, small appliance, shoes, tack shop or other repair shops that are similar in nature, size and intensity.

6.

Medical and dental offices.

7.

Financial institutions.

8.

Professional offices.

9.

Animal hospitals and veterinary clinics (no outdoor kennels).

10.

Child care centers.

11.

Electric substation in compliance with F.S. 163.3208, as amended.

12.

Affordable residential uses per F.S. 125.0103 (and related laws commonly known as the Live Local Act), as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with the uses permitted in this district.

2.

Tennis courts, parks and playgrounds.

c.

Special exception uses and structures.

1.

Recreational facilities not accessory to principal uses; markina (does not have to be located within 500 feet of the intersection of an arterial or collector street and another roadway).

2.

Private clubs; bar, cocktail lounge or other establishments which sell alcoholic beverages for consumption on the premises; sale of alcoholic beverages in conjunction with eating establishments.

3.

Place of worship.

4.

Libraries.

5.

Museums.

6.

Medical laboratories.

7.

Funeral homes, refrigeration facilities as defined in F.S. § 497.005(68).

8.

Any other professional or commercial use which is comparable in nature with the foregoing uses and which the Development Director determines to be compatible in the district.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 20,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements:

1.

Front yard: 40 feet.

2.

Side yard: 15 feet.

3.

Rear yard: 25 feet.

4.

Any yard abutting a residentially or agricultural zoned parcel must be a minimum of 25 feet.

d.

Maximum zoned area: five acres.

e.

Minimum floor area of principal structure: 1,000 square feet per building on the ground floor.

f.

Maximum impervious lot coverage: 70 percent.

g.

Minimum off-street parking: See Section 20-536.

h.

Lighting is to be arranged so that no source of light reflects on or shines into any residentially zoned property.

(3)

Utility areas. Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners and shall be located in the rear yard of interior lots and in the side yard of corner or through lots.

(LDR, § 2314; Ord. No. 2012-01, § 2314, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2024-003, §§ 2, 3, 5-28-2024)

The intent of the Commercial General District (CG) is to permit a greater variety of commercial services and scale than the Commercial Neighborhood District (CN) and is intended to serve a large trade area of the community. The intent is to accommodate the motoring public as well as the local pedestrian traffic.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Single-family residence (must be in same structure occupied by commercial use).

2.

Any use permitted in the Commercial Neighborhood District (CN).

3.

Indoor retail sales, indoor or outdoor auto sales and boat sales, and indoor or outdoor produce sales.

4.

Child care centers.

5.

Animal hospitals and veterinary clinic (no outside kennels).

6.

Service clubs.

7.

Remote parking lot.

8.

Banquet hall.

9.

Hotels and motels.

10.

Electric substation in compliance with F.S. 163.3208, as amended.

11.

Affordable residential uses per F.S. 125.0103 (and related laws commonly known as the Live Local Act), as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with the uses permitted in this district.

2.

Tennis courts, parks and playgrounds.

c.

Special exception uses and structures.

1.

Agricultural activities, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Auto body repair and painting; go cart track.

3.

Flea markets.

4.

Indoor firing ranges.

5.

Place of worship.

6.

Bar, cocktail lounge or other establishment which sells alcoholic beverages for consumption on premises.

7.

Funeral homes, refrigeration facilities as defined in F.S. § 497.005(68).

8.

A bottle club or like establishment which sells ice, mixers or other alcoholic beverage accompaniments for consumption on premises.

9.

Rental hall.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 20,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements:

1.

Front yard: 40 feet.

2.

Side yard: ten feet with unobstructed passage from front to rear yard.

3.

Rear yard: 25 feet.

4.

From railroad right-of-way: none.

5.

From waterfront: 25 feet for all uses except marinas.

d.

Maximum impervious lot coverage: 70 percent.

e.

Minimum off-street parking: See Section 20-536.

(LDR, § 2315; Ord. No. 2012-01, § 2315, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2014-06, § 8, 10-28-2014; Ord. No. 2016-12, § 1, 5-24-2016; Ord. No. 2018-6, § 2, 3-27-2018; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2022-14, § 3, 7-26-2022; Ord. No. 2024-003, §§ 2, 3, 5-28-2024)

The intent of the Commercial Established District (CE) is to recognize those commercial land uses which have developed under previous County regulations, but are located in areas of the County in which the commercial zoning district shall not be expanded in accordance with the Comprehensive Plan. The intent is to zone these properties to a Commercial Established District (CE) to continue to allow the property to be used for any permitted CE district uses. Expansion of the CE district is not permitted, unless the Board of County Commissioners determines an adjacent property cannot be developed for residential purposes.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Retail stores such as drug stores, food stores, delicatessens, pet stores, hardware stores, building supply, lawn and garden supplies, green houses and nurseries, car dealership, etc.

2.

Services such as restaurants, banks, commercial schools, hotels and motels, theaters, barber and beauty shops, coin operated laundry.

3.

Automobile service and repair, car wash, car rental, contractors.

4.

Service clubs.

5.

Indoor commercial recreation.

6.

Rehabilitation centers, rest homes, hospices.

7.

Parking lot.

8.

Child care center.

9.

All permitted uses in the CN district.

10.

Electric substation in compliance with F.S. 163.3208, as amended.

11.

Affordable residential uses per F.S. 125.0103 (and related laws commonly known as the Live Local Act), as amended.

b.

Accessory uses and structures. Accessory uses and structures customarily associated with the uses permitted in this district.

1.

Tennis courts, parks and playgrounds.

2.

Outside storage as accessory use enclosed by opaque fence not visible from the street.

c.

Special exception uses and structures.

1.

Detached residence in conjunction with a business; one per business.

2.

Light equipment rentals.

3.

Place of worship.

4.

Light manufacturing, processing, packaging, or fabricating in a completely enclosed building.

5.

Wholesale, warehousing, and mini-warehousing.

6.

Any other use which is comparable in nature with the foregoing uses and which the Development Director determines to be compatible with the district.

d.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 20,000 square feet.

b.

Minimum lot width: 100 feet directly abutting upon the highway which generated the CE zoning.

c.

Minimum yard requirements:

1.

Front yard: 40 feet.

2.

Side yard: ten feet with unobstructed passage from front to rear yard.

3.

Rear yard: 25 feet

4.

From railroad right-of-way: none.

5.

Waterfront: 25 feet for all uses except marinas.

d.

Maximum impervious lot coverage: 70 percent.

e.

Minimum off-street parking: See Section 20-536.

(LDR, § 2316; Ord. No. 2012-01, § 2316, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2024-003, §§ 2, 3, 5-28-2024)

The intent of the Industrial Light District (IL) is to permit light manufacturing, processing, storage and warehousing, wholesaling and distribution. Residential uses are prohibited except for the limited purpose of supporting an on-premises operation. Service and commercial activities relating to the character of the district and in support of activities conducted in the district are permitted. Certain commercial uses related to automotive and heavy equipment sales and repair are permitted.

(1)

Permitted uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Bulk storage yards, not including bulk storage of flammable liquids.

2.

Light manufacturing, processing (including food processing, but not slaughterhouses), packaging or fabricating in a building that is capable of being completely enclosed.

3.

Medical clinic, miscellaneous uses such as express office, telephone exchange, motor bus, truck, railroad or other transportation terminal and related uses; railroad siding.

4.

Outdoor storage yards and lots, provided that such outdoor storage yard shall not be located closer than 25 feet to any public right-of-way and that such yard shall be completely enclosed, except for necessary ingress and egress, by a fence or wall not less than six feet high which, to a reasonable extent under the circumstances, shields from view materials, products or other items that are stored or placed therein; and provided, further, that this provision shall not permit wrecking yards (including automobile wrecking yard), junkyards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display or sales of any scrap, salvage or secondhand automotive vehicle parts.

5.

Printing, lithographing, publishing or similar establishments.

6.

Retail sale, rental or repair of automobiles, motorcycles, trucks and tractors, mobile homes, boats, automotive parts and accessories (but not junkyards or automotive vehicle wrecking yards), heavy machinery and equipment, farm equipment; car wash; retail establishments for sale of farm supplies, lumber and building supplies, monuments and similar uses; marinas, boat yards and ways; parking lot.

7.

Vocational, technical, trade or industrial schools and similar uses; services establishments catering to commerce and industry including linen supply, laundry or dry clean processing, coin-operated laundries, freight movers, building trades contractors, communication services, business machine services, canteen services, restaurant (including drive-in restaurant), hiring and union halls, employment agency, sign company and similar uses.

8.

Wholesaling, warehousing, storage or distribution establishments and similar uses.

9.

Construction office, including one within a mobile home or similar structure.

10.

Electric substation in compliance with F.S. 163.3208, as amended.

11.

Affordable residential uses per F.S. 125.0103 (and related laws commonly known as the Live Local Act), as amended.

12.

Restaurants.

13.

Commercial radio and TV receiving facilities.

14.

Sexually oriented entertainment establishment (with permit required according to Article XIII, Division 5, of this chapter).

15.

All permitted uses in the CG district and any other light industrial, manufacturing or commercial uses which are comparable in nature with the foregoing uses.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with the uses permitted in this district.

2.

Industrial support housing (see Section 20-665).

c.

Special exception uses and structures.

1.

Agricultural activities, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

All permitted principal uses and structures in the IH district.

3.

Place of worship.

4.

Flea market, drag strips and race tracks.

5.

Indoor and outdoor firing range.

6.

Saw mills.

7.

Sales and repair or heavy trucks and equipment.

8.

Storage of agricultural vehicles not used on site.

9.

Organic fertilizer manufacture.

10.

Funeral homes, refrigeration facilities as defined in F.S. § 497.005(68).

11.

Any use comparable in nature with the foregoing uses and which the Development Director determines to be compatible with the district.

d.

Prohibited uses and structures. Any uses or structures not specifically or by reasonable implication allowed herein, including the following which are listed for emphasis:

1.

Chemical and fertilizer manufacture.

2.

Dwelling units (including motel and hotel) except as a permitted accessory use.

3.

Explosives manufacturing or storage.

4.

Paper and pulp manufacture, petroleum refining.

5.

Slaughter of animals, stockyards or feeding pens.

6.

Tannery or the curing or storage of raw hides.

7.

Yards or lots for scrap or salvage operations or for processing, storage, display or sale of any scrap, salvage, or secondhand building materials and automotive vehicle parts, including wrecking yards and junkyards.

(2)

Development standards.

a.

Minimum lot area: 20,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements (including accessory structures):

1.

Front yard: 40 feet.

2.

Side yard:

(i)

35 feet (adjacent to residential and agricultural districts).

(ii)

25 feet (adjacent to commercial and industrial districts).

3.

Rear yard: 35 feet.

d.

Maximum impervious lot coverage: 70 percent.

e.

Minimum off-street parking: See Section 20-536.

(LDR, § 2317; Ord. No. 2012-01, § 2317, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2014-06, § 7, 10-28-2014; Ord. No. 2018-7, § 6, 3-27-2018; Ord. No. 2024-003, §§ 2, 3, 5-28-2024)

The intent of the Industrial Heavy District (IH) is to provide areas for intensive manufacturing, processing and assembly uses. Residential uses are prohibited except for the limited purpose of supporting an on-premises operation.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Body shops, mechanical repairs, building supply.

2.

Clothing fabrication, commercial and private parking lots and parking garages, contractors' equipment storage yards, coal and wood yards, heavy equipment, truck and recreational vehicle storage yards.

3.

Gasoline service stations, including those engaged in mechanical work.

4.

Kenneling, stabling, animal clinics, veterinary hospitals.

5.

All permitted uses in the IL and CG districts.

6.

Manufacturing, warehousing, storing, fabrication, processing, canning, packing, marinas, commercial boat houses, commercial boat storage, boat building, boat yards and commercial fisheries; medical clinics; miscellaneous uses, such as express office, telephone exchange, motor bus, truck, railroad or other transportation terminal and related uses.

7.

Railroad siding, repair shops, research and design labs, food stores and restaurants including drive-in and fast foods.

8.

Agricultural produce transfer station and packing facility (non-livestock).

9.

Car and truck wash.

10.

Construction office, including one within a mobile home or similar structure.

11.

Marinas, boat yards and ways marine construction yards, boat sales, service and repairs.

12.

Asphalt, concrete, stone, paver, tile and cement plants and facilities, saw mills.

13.

Sales, storage, repair and service of vehicles, trucks, heavy equipment and aircraft; wrecker and towing services; service establishments catering to commerce and industry including linen supply, freight movers, building trades contractors, communication services, business machine warehousing and services, canteen services, storage yards, truck terminals.

14.

Wholesale establishments, warehousing, bulk storage, distribution facilities.

15.

Junkyards, sheet metal shops, garbage disposal service, boat storage, scrap metal and recycling centers and facilities, power plants, chemical plants, plastics plants, fertilizer plants, foundries and smelters, solid waste transfer stations.

16.

Radio and TV stations transmitting and receiving facilities, communication towers and related installation and repair services.

17.

Sexually oriented entertainment establishment (with permit required according to Article XIII, Division 5, of this chapter).

18.

Any other intensive commercial, industrial or manufacturing use which is comparable in nature with the foregoing uses.

19.

Electric substation in compliance with F.S. 163.3208, as amended.

20.

Affordable residential uses per F.S. 125.0103 (and related laws commonly known as the Live Local Act), as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures customarily associated with the uses permitted in this district, including offices, retail sales, and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

2.

Industrial support housing (see Section 20-665).

c.

Special exception uses and structures.

1.

Agricultural activities, provided that the property owner agrees not to apply to the Property Appraiser for an agricultural classification under F.S. § 193.461.

2.

Manufacturing involving primary production of the following products from raw materials: gelatin, animal glue and size, gas manufacturing; unless incidental to a principal use, turpentine, matches, rubber, soaps, fat rendering.

3.

Processing involving the following: curing or tanning or raw green or salt hides or skins; stockyards, slaughterhouses, slag piles, ammonia, and storage of fireworks or explosives.

4.

Wholesale storage of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gases, but not located within 500 feet of the nearest residential district.

5.

Recreational facilities not accessory to principal uses.

6.

Drag strips and race tracks.

7.

Indoor and outdoor firing ranges, airports and landing fields, public utility transmission facilities.

8.

Storage of agricultural vehicles not used on site.

9.

Any use comparable in nature with the foregoing uses and which the Development Director determines to be compatible with the district.

d.

Prohibited uses and structures. Any uses or structures not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: 40,000 square feet.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements (including accessory structures):

1.

Front yard: 50 feet.

2.

Side yard:

(i)

50 feet (adjacent to residential and agricultural districts).

(ii)

25 feet (adjacent to commercial and industrial districts).

3.

Rear yard: 50 feet.

4.

From railroad right-of-way: none.

d.

Maximum impervious lot coverage: 70 percent.

e.

Minimum off-street parking: See Section 20-536.

(LDR, § 2318; Ord. No. 2012-01, § 2318, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2014-06, § 6, 10-28-2014; Ord. No. 2024-003, §§ 2, 3, 5-28-2024)

It is the intent of the Phosphate Mining-Industrial District (PM-I) to permit the extraction of phosphate minerals in accordance with applicable ordinances and associated practices. In addition, this district will allow for industrial uses associated with and complementary to phosphate operations. This district will also allow for the productive use of land until such time as mining operations commence.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land or water used in whole or in part for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Phosphate mining and related activities and structures, with the exception of phosphogypsum stacks.

2.

Mining support systems such as rail transport and transmission line corridors.

3.

Agricultural uses activities, such as, but not limited to, field crops horticulture, fruit and nut production, forestry, ranching, beekeeping, poultry and egg production, milk production, animal breeding, raising, training, stabling, kenneling or aquaculture, gardening, animal hospitals, veterinary clinics, roadside produce stands, wholesale greenhouses and nurseries, agricultural produce transfer stations, light manufacturing (machine shops) in enclosed buildings.

4.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures which are incidental to and customarily associated with uses permitted in this district.

2.

Mine administrative office building.

3.

Research and development facilities such as a pilot processing plant.

4.

Mobile home or trailer as a temporary office structure while permanent mine facilities are being constructed.

5.

Residential radio and TV receiving antennas/dishes.

6.

Sales and repair of heavy equipment.

7.

Truck terminals, wholesale and warehousing.

8.

Sheet metal shop.

9.

Industrial support housing (see Section 20-665).

c.

Special exception uses and structures.

1.

Single-family dwellings (solely as support of agriculture or mining).

2.

Hunting cabins.

3.

Mobile homes or trailers as temporary residences during mine construction.

4.

Sanitary landfills, feed lots, livestock sales, mining (other than phosphate), citrus packing, community recreation centers, indoor and outdoor firing ranges, bulk storage yards of non-flammable liquids, saw mills.

d.

Prohibited uses and structures. Phosphogypsum stacks and any other use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards. Development standards shall be as provided in Article IX, Division 2, of this chapter.

a.

Minimum off-street parking: See Section 20-536.

(LDR, § 2319; Ord. No. 2012-01, § 2319, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2021-06, § 2, 10-26-2021; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Public/Institutional District (P/I) is to regulate the location of a broad range of public service facilities, government facilities and institutions. This district will provide a wide range of services, facilities and institutions and therefore shall be located in appropriate areas accessible to the public or in areas with demonstrated demand or need for such.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Colleges, universities and public and private schools, vocational or technical schools.

2.

Museums, performing arts center, convention centers, cultural centers and similar uses.

3.

Hospitals.

4.

Parks, playgrounds and similar uses.

5.

Governmental facilities such as City Hall, courthouse, post office, public safety facility, library, government office and similar public service and government oriented uses.

6.

Banquet and rental halls.

7.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Sale of alcoholic beverages for consumption on the premises at the Turner Agri-Civic Center.

2.

Cemeteries (see Section 20-689 (a), (b) and (c)).

3.

Accessory uses and structures which are incidental to and customarily associated with uses permitted in this district.

c.

Special exception uses and structures.

1.

Utility substations, such as water treatment, wastewater treatment and similar utility uses.

2.

Government buildings and public uses other than those listed in the permitted uses such as military installations, airports, penal facilities and similar uses.

3.

Family cemeteries (see Section 20-689(d)).

d.

Prohibited uses. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum lot area: One acre, unless otherwise specified.

b.

Minimum lot width: 100 feet.

c.

Minimum yard requirements:

1.

Front yard: 25 feet.

2.

Side yard: 20 feet.

3.

Rear yard: 20 feet.

d.

Maximum lot coverage: unrestricted.

e.

Off-street parking: See Section 20-536.

f.

Accessory structure setbacks:

1.

Front yard: accessory structures not permitted in front yard.

2.

Side yard: five feet.

3.

Rear yard: five feet.

(LDR, § 2320; Ord. No. 2012-01, § 2320, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2018-6, § 3, 3-27-2018; Ord. No. 2021-12, § 4, 12-14-2021; Ord. No. 2024-003, § 2, 5-28-2024)

The intent of the Recreational Vehicle Campground District (RVC) is to permit recreational vehicles, and campgrounds. Park trailers and other types of permanent dwelling units that do not meet the Florida Building Code are not allowed.

(1)

Uses and structures. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following:

a.

Permitted uses and structures (allowable without the need for any other use or structure).

1.

Campsite facilities for pick-up coaches, motor homes, and other recreational vehicles (one per rental space).

2.

Campsite facilities for tent camping.

3.

A maximum of two single-family housing units, including mobile homes, but not park trailers, for management.

4.

Electric substation in compliance with F.S. 163.3208, as amended.

b.

Accessory uses and structures.

1.

Accessory uses and structures, customarily associated with recreational vehicle parks, including open patios, and recreation facilities, administration buildings, service buildings and utilities.

2.

Parks and playgrounds.

3.

Commercial facilities, limited to and designed for convenience services to park occupants, located in the interior of the park and presenting no visible evidence of the commercial character from any public street outside the park.

c.

Prohibited uses and structures. Any use or structure not specifically or by reasonable implication allowed herein.

(2)

Development standards.

a.

Minimum park size: 20 acres.

b.

Minimum yards:

1.

Within rental spaces (except as provided below): no required minimum.

2.

From exterior boundary of the park or any required buffer area: ten feet.

3.

From public right-of-way: 25 feet.

4.

Separation between habitable structures: ten feet.

c.

Required recreation areas: Space within the RVC park shall be developed for recreational uses. Such area shall not be less than 15 percent of the project area and not more than half of that requirement may be water surface area, excluding retention ponds.

d.

Standards for operation:

1.

All rental spaces within a RVC park shall have direct access to an internal street for safe and convenient access to a public street.

2.

Campsites shall be set back a minimum of 30 feet from any state or highway right-of-way. Within the 30 feet setback from a street or highway, a minimum five foot high sodded berm, as measured by the centerline of the abutting roadway, and a Buffer "B" landscape strip shall be installed at the top of the berm.

3.

Each campsite shall contain a level area of at least 600 square feet for erecting camping equipment.

4.

No pick-up coach, motor home, other recreational vehicles or tent shall use areas within a campground for a period exceeding 180 days in a 12-month period. The intent of this provision is to prohibit the use of camping areas for permanent or semi-permanent use as a dwelling.

5.

All towable campers must have the tow vehicle available within 24 hours to remove the camper from the campground when the area is threatened by natural disaster.

e.

Required facilities for tent campsites:

1.

Lighted sanitary facilities, to include flush toilets and showers within 400 feet walking distance from every campsite shall be provided.

2.

Potable water supply, source and distribution, shall be provided.

3.

Refuse collection, storage and disposal shall be in accordance with State law with at least one garbage or trash receptacle for every two campsites or daily refuse on-site collection.

4.

One automobile parking space per campsite.

f.

Access: Recreational vehicle campground parks must have direct access to a dedicated County- or State-maintained right-of-way.

g.

Minimum off-street parking:

1.

One automobile parking space per RVC space shall be provided, located within the boundaries of the RVC park.

2.

Parking for all commercial uses accessory to the park shall comply with Section 20-536.

h.

RVC parks shall provide and maintain a clear buffer area not less than 25 feet in width abutting all property lines (except for roadway access).

In addition to the landscape and buffer requirements in Article VI, Division 6, of this chapter, a five-foot-high ornamental screening composed of structural or plant material shall be provided within the buffer area to provide a reasonable degree of visual screening between the RVC park and adjoining properties. Such screening shall be maintained in good condition at all times.

(LDR, § 2321; Ord. No. 2012-01, § 2321, 5-22-2012; Ord. No. 2014-05, att. A, § 35, 10-28-2014; Ord. No. 2019-11, § 1, 7-23-2019; Ord. No. 2024-003, § 2, 5-28-2024)

(a)

Intent and purpose. The intent and purpose of establishing the Planned Unit Development District (PUD) is to provide an optional alternative zoning procedure so that planned developments may be instituted at appropriate locations in the County consistent with the planning and development objectives of the County. It is the intent and purpose of these PUD regulations to encourage as well as permit land planners, architects, engineers, builders and developers to exercise ingenuity and imagination in the planning and development or redevelopment of relatively large tracts of land under unified ownership or control. Although planned unit developments produced in compliance with the terms and provisions of this chapter may depart from the strict application of use, setback, height and minimum lot requirements of conventional zoning regulations, the intent is to provide standards by which flexibility may be accomplished, while maintaining and protecting the public interest so that:

(1)

A more creative approach may be taken to the development of contiguous tracts of land.

(2)

A more desirable environment may be accomplished than would be possible through strict application of the minimum requirements of this chapter.

(3)

Land may be used more efficiently, resulting in smaller networks of utilities and streets with consequent lower construction and future maintenance costs.

(4)

The impact of a particular planned unit development on the present and projected population, land use-pattern, system and public facility network of the County may be carefully evaluated relative to the various costs and benefits that may be associated with such development.

(5)

Application of planned unit development techniques to a given tract will permit large scale development which features amenities and excellence in the form of variations in siting, mixed land uses and/or varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land involved.

(b)

Planned unit development defined. A planned unit development is hereby defined as a contiguous tract of land not less than two acres for commercial or industrial and/or five acres for residential (including recreational vehicles) in size under unified control which is planned and improved:

(1)

To function as a readily identifiable district, section or neighborhood of the County.

(2)

To accommodate a variety of dwelling types together with appropriate commercial, institutional, industrial and public uses and activities as deemed necessary to properly serve prescribed density and population levels for the development as a whole, or for any designated component thereof, and/or for commercial or industrial projects.

(3)

To provide in a single development operation or programmed series of development operations over an extended period of time according to an officially adopted concept development plan and related programs for the provision, operation and maintenance of such areas, improvements, facilities and services for the common use of all residents and/or users of the planned community.

(c)

Relation of planned unit development regulations to general zoning, subdivision or other applicable regulations. The provisions which follow shall apply generally to the creation and regulation of all PUD districts and to the issuance of building permits and certificates of occupancy in such districts. Where there are conflicts between these special PUD provisions and general zoning, subdivision or other applicable regulations, these special regulations shall apply.

(d)

Planned unit development districts—How established, where permitted. PUD districts may hereafter be established from designated preexisting zoning districts by amendment of the Official Zoning Atlas where tracts of land suitable in location, extent and character for the structures and uses proposed are-to be planned and developed according to the procedures and requirements herein set forth. A PUD district may be located in any future land use category.

(e)

Planned unit development districts—General requirements and limitations. The following general requirements and limitations shall apply in PUD districts approved under the terms and provisions of these regulations.

(1)

Unified control. All land included for purpose of development within PUD district shall be owned or under the control of the applicant for such zoning designation, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The applicant shall present firm evidence of the unified control of the entire area within the proposed development. The applicant shall:

a.

Agree to be bound by:

1.

The concept development plan officially adopted as the PUD district; and

2.

Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification.

b.

Provide agreements, contracts, deed restrictions or sureties acceptable to the County for completion of undertaking in accordance with the adopted concept development plan as well as for the continuous operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense, and

(2)

All conditions shall run with the land.

(f)

Planned unit development districts—Specific requirements, limitations and standards. In addition to all general provisions and procedures set out in this section, the following specific requirements, limitations and standards shall apply:

(1)

Location. PUD districts shall be located so as to maintain adopted level of service on all impacted public rights-of-way.

(2)

Minimum area required. The minimum area required for a planned unit development district containing only residential uses shall be five acres: containing only commercial or industrial uses shall be two acres, and containing a mix of residential, commercial or industrial uses shall be five acres.

(3)

Character of the site. The condition of soil, groundwater level, drainage and topography shall all be appropriate to both kind and pattern of use or uses intended. The site shall also contain sufficient width and depth to adequately accommodate its proposed use and design.

(4)

Uses permitted. An applicant may propose any use or combination of uses within a proposed PUD subject to the minimum area requirements contained herein.

(5)

Density. The overall, gross density of the proposed PUD concept development plan shall be calculated by dividing the total number of units proposed by the gross acreage of the PUD. In no event shall the gross density exceed the maximum density permitted by the Comprehensive Plan. In the event of multiple future land use map categories, no project may be authorized to utilize density averaging or blending techniques.

(6)

Minimum open space. Planned unit developments shall set aside at least 25 percent of the gross area as usable open space. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, water frontage, waterways, lagoons, floodplains, nature trails and other similar open spaces. Open water area beyond the perimeter of the site and street rights-of-way, driveways, off-street parking areas and off-street loading areas, or private yards shall not be counted in determining usable open space. In addition, not more than 25 percent of any stormwater management area shall count toward meeting the usable open space standard.

(7)

Minimum lot area and frontage requirements within a PUD. No minimum lot size or yards shall be required within a PUD, except that peripheral yards abutting the exterior limits of the PUD boundary (except for boundaries limited in or by water) shall observe yard requirements in accordance with the zoning classification the use most closely resembles. Every dwelling unit or other use must be served directly or via an approved private road, pedestrian way, court, or other area dedicated to public use or reserved for private use, or common element guaranteeing access. Permitted uses are not required to front on a publicly dedicated road or street.

(8)

Off-street parking and off-street loading requirements. Off-street parking and off-street loading requirements shall be as for comparable uses set out in this chapter. Shared parking facilities may be approved as part of the request upon review of an acceptable alternative parking strategy study.

(9)

Development planning—External relationships. Development planning within a PUD district shall provide protection of the development from adverse surrounding influences and protection of surrounding areas from adverse influences generated by or within the district.

a.

Principal vehicular access points shall be designed to encourage smooth traffic flow and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. Where streets within the district intersect adjoining streets, appropriate visibility triangles shall be maintained.

b.

Fences, walls or vegetative screening at edges of PUD districts shall be provided where needed to protect residents from lighting, noise or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district. In all cases, screening shall, at a minimum, be designed to protect existing or potential first-floor residential occupant window levels. In particular, off-street parking areas for five or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened.

(10)

Phasing of development.

a.

It is the intent of the County that to the extent possible, each approved PUD development be carried through to completion in essentially the form in which it is approved at the concept development plan level. Therefore, each phase of the development will be expected to adhere closely to the design principals of the concept development plan. However, the County recognizes as a practical matter, that the long term nature of the proposed buildout of the PUD will likely justify changes based on changing economic or other factors. Therefore, provision is made for the submission of individual phases or sub units of the entire PUD. All such phases shall, in their timing, nature, intensity and location, be determined to be consistent with the larger PUD and to contribute to its completion in a unified fashion. Where such consistency is not feasible, it is assumed that the overall PUD concept development plan will be modified to reflect changed conditions or factors.

b.

These phases shall be so located and related that should for any reason the full PUD not be developed, the completed portion will be self-contained.

c.

If the PUD is to be phased and more than one final plat is required, successive plats must be filed so that development activity shall be of a reasonable continuous nature, and shall adhere to the following:

1.

All public service facilities, major recreation facilities, including open space, parks, nature areas or environmentally sensitive areas to serve the designated phase shall be platted prior to the platting of more than the first 25 percent of the total permitted dwelling units or recreational vehicles. The above may be accomplished by phases. As each phase is approved, the public service facilities, recreation and environmentally sensitive areas within the proposed phase shall be dedicated to such public or private entity for such use.

2.

Internal commercial areas shall not be platted prior to, but may be platted concurrent with, the platting of at least 25 percent of the total permitted dwelling units or recreational vehicles.

3.

After rezoning to PUD district, no plat or building permit shall be issued by the County, and no development shall commence unless in conformance with the approved concept development plan.

4.

If no significant construction has begun or no use is established in the PUD within five years from the time of rezoning the site to PUD, the concept development plan shall lapse and be of no further effect. If a concept development plan lapses under the provisions of this section, the Board of County Commissioners may initiate a petition to rezone the said PUD to an appropriate zoning classification. No rezoning petition may be initiated until the County has provided the applicant with notice of its intent to rezone and further provided a 60-day period during which the applicant may begin construction and thereby cure the lapse. The Board may extend the PUD for two years provided the applicant can show good cause why said development cannot proceed. There shall be no limit to the number of extensions that may be granted by the Board.

5.

After the original phase containing 25 percent of the total permitted dwelling units is approved and platted, subsequent phases containing areas of residential development shall not be approved for final plat until a minimum of 25 percent of the residential units have been developed and certificates of occupancy issued; provided, however, that the developer of the PUD shall be exempt from this provision if the developer:

(i)

Enters into a long term road and drainage maintenance agreement with the County; or

(ii)

Creates a community development district, special taxing district, property owners association or other acceptable legal entity that will assume ownership and maintenance responsibility of the road and drainage system.

(11)

Preservation and protection of natural historic or archeological features. Every effort shall be made in the planning and development of the PUD District to preserve and protect desirable natural, historic or archaeological features of the site, including trees and other vegetation of consequence. Preliminary evidence from the appropriate agency shall be submitted with the application indicating potential impacts or areas to consider for more detailed study.

(12)

Utilities. It is intended that within the developed portions of a PUD district, all utilities, including telephone, television cable and electrical systems shall be installed underground, within approved utility easements, except that:

a.

Appurtenances to these systems more than four feet in height and two feet in diameter must be effectively screened;

b.

Main or feeder lines may require overhead installation based on environmental or technical problems;

c.

Primary facilities providing service to the site of development or necessary to service areas outside the development shall be exempt from this requirement; and

d.

In cases of overhead main or feeder lines, service laterals from the point of connection shall be underground to the structure or dwelling.

(13)

Connectivity. All proposed development shall consider internal and external connectivity. Connectivity is intended to provide alternative routes between uses and neighborhoods, and in turn, reducing travel time. All applications shall provide at least a minimum:

a.

Sidewalks along both sides of all arterial and collector roads and a minimum of one side along all local roads located within and adjacent to the proposed development. Proper connections (i.e., handicap accessibility) at intersections shall be included.

b.

Stub-outs to vacant land of similar development designation (future urban areas) shall be provided. Requests for waiver to this requirement may be considered based on agreements that internal roadways will remain private and portions of development are gated.

c.

Internal connections between uses to allow proper internal traffic flow shall be required.

(g)

Procedure for applying for planned unit development zoning.

(1)

Concept development plan.

a.

Any application for rezoning to PUD shall be accompanied by a concept development plan of the development. The purpose of the concept development plan is to provide the County with information about the type, character, scale and intensity of development as well as the time phasing of the proposed planned unit development in order for the County to evaluate the impact of the proposed development. At a minimum, a concept development plan must depict: the gross acreage, width and depth and total number of proposed units of the PUD; all proposed uses and structures; any open spaces; location of easements for roadways and utilities; principal vehicular access points; internal and external connections; any fences, walls or vegetative screening at the boundary of the PUD; sidewalks; stub outs to vacant land; off street parking and loading locations, if applicable; and any phasing of development.

b.

The following information shall be submitted with the application:

1.

Location and size of the site including its legal description.

2.

An ownership and encumbrance report showing recorded ownership interests including liens and encumbrances. If the applicant is not the owner, a statement of the developer's interest if the property and authorization from the owner for the PUD rezoning.

3.

Relationship of the site to existing development in the area, including streets, utilities, residential, commercial and industrial development, and physical features of the land including pertinent ecological features.

4.

Density or intensity of land use to be allocated to all parts of the site to be developed together with tabulations by acreage and percentages thereof.

5.

Location, size and character of any common open space or preservation areas and the form of organization proposed to own and maintain any common open space.

6.

Use and type of buildings (i.e., single-family detached, townhouses, garden apartments, medium rise or high rise) proposed for each portion of the area included within the concept development plan.

7.

Proposed method of providing required improvements such as streets, water supply, stormwater management and sewage collection.

8.

Provisions for the parking of vehicles and the function and location of vehicular and pedestrian system facilities

9.

A plan for pedestrian and vehicular circulation showing the general locations, widths and recommended surface treatment of all major internal thoroughfares and pedestrian access ways, and diagrammatic traffic movement to, within and through the planned development unit

10.

Information about existing vegetative cover and soil conditions in sufficient detail to indicate suitability for proposed structures and uses.

11.

In case of plans which call for development over a period of years or in phases, a schedule showing the times within which application for final approval of all sections of the planned unit development are intended to be filed.

12.

Any additional data, plans or specifications as the applicant may believe is pertinent to the proposed planned unit development.

13.

A list of deviations with appropriate justifications or support evidence, which may include design safety standards, independent studies, professionally acceptable alternative design.

14.

Data and analysis demonstrating preliminary compliance with designated level-of-service.

(2)

The applicant shall submit a supportive report which shall include:

a.

A statement describing the character and intended use of the planned unit development, and indicating how and why the proposed project complies with the Comprehensive Plan of the County and the statement of purposes on planned unit development;

b.

A general description of the proposed development, including information as to:

1.

Total acreage involved in the project. The number of acres devoted to the various uses shown on the development plan, together with the respective percentage of total project acreage represented by each category of use;

2.

The number and type of dwelling units involved and the corresponding overall project density in dwelling units per gross acre. For purposes of this subsection, proposed recreational vehicle spaces or lots shall be expressed in terms of dwelling units per gross acre. However, recreational vehicles may not be used as permanent dwelling units and do not constitute residential density;

3.

A list of proposed uses, both residential and nonresidential;

4.

The minimum design standards reflected by the site plan for such features as lot shape and size, setbacks, internal streets and pedestrian ways, open space provisions, off-street parking, signs and landscaping;

c.

A proposed schedule of development which identifies the anticipated phase start and completion date, and the area and location of common open space to be provided at, or by said stage; and

d.

A statement indicating whether streets or roads (and pedestrian ways) shall be of private ownership and maintenance, public ownership and maintenance, or some other form of ownership.

(h)

Concept development plan approval.

(1)

Definition. The purpose of concept development plan approval is to approve the density and intensity of land use prior to proceeding to improvement plan approval. All PUD projects must receive concept development plan approval of the entire PUD project demonstrating compliance with the minimum requirements set forth in section 20-144(g)(1)a. prior to any phase receiving improvement plan approval. Approval of the concept development plan shall constitute an amendment to the official zoning map, and the subject parcel shall be labeled with the description "PUD." The granting of concept development plan approval shall not authorize any development activity to take place on the newly designated PUD site.

(2)

Approval process. Applications for concept development plan approval shall include an application, supportive materials and a concept development plan that meets the minimum requirements set forth in section 20-144(g)(1)a., and as set forth herein.

1.

Development Review Committee (DRC). The DRC will review the application for technical compliance to the County codes and may recommend appropriate conditions as it deems necessary. The DRC recommendation will be forwarded in writing to the Planning Commission for their consideration and review.

2.

Planning Commission Review. The Planning Commission will review, in a public hearing, the application for concept development plan Approval upon review and consideration of the planning department staff report and the recommendation of the DRC. At the public hearing, the Planning Commission will consider the application in accordance with the LDR requirements for the Planning Commission's consideration of applications for rezoning. In addition, the Planning Commission will consider whether the following criteria can be satisfied:

(i)

The concept development plan meets the minimum requirements set forth in section 20-144(g)(1)a.

(ii)

The proposed use or mix of uses is appropriate at the subject location.

(iii)

The recommended conditions to the concept development plan and other applicable regulations provide sufficient safeguards to the public interest.

(iv)

The recommended conditions are reasonably related to the impacts on the public's interest created by or expected from the proposed development.

If the Planning Commission determines that the recommended conditions are insufficient, it may recommend alternate conditions for consideration by the Board of County Commissioners.

3.

Board of County Commissioners (BOCC) review. After the Planning Commission hearing, an application for a planned unit development, together with all attendant information and staff reports, will be forwarded to the Board of County Commissioners. The BOCC will consider the application in a public hearing. The BOCC shall grant approval or disapproval based upon the same criteria used by the Planning Commission. In approving the concept development plan, the BOCC shall determine if the minimum requirements set forth in section 20-144(g)(1)a. have been met, and may adopt any special conditions necessary to address unique aspects of the subject property in the interest of protecting the public health, safety and welfare. If any recommended special condition is found to be insufficient, the BOCC may substitute its own language for such special condition in the final resolution. All terms, conditions, safeguards and stipulations made at the time of the approval of a concept development plan are binding upon the applicant or any successor in title or interest to all or part of the planned unit development.

(i)

Improvement plan approval.

(1)

Application for improvement plan approval shall be submitted with detailed plans and copies of all necessary permits from other reviewing agencies and shall include all required information in accordance with Article XI, Division 2 (development review and approval) and Article XI, Division 6 (improvement plans) of this chapter, and information establishing consistency with the approved concept development plan and any conditions included as part of the PUD approval. Applications will be accepted prior to final approval of other agencies, but a notice to proceed will not be issued until evidence of permits are submitted to the County.

(2)

Development Review Committee (DRC) review. The DRC will review the improvement plan for technical compliance to County codes and consistency with the approved concept development plan and any conditions included as part of the PUD approval.

(3)

All improvement plans for PUDs shall be reviewed by the Development Director for consistency with the approved concept development plan and any conditions included as part of the PUD approval, and then submitted to the Board for its review and approval, approval with conditions, or disapproval at a quasi-judicial hearing of the Board. A notice to proceed with construction of the project will be issued by the Development Director upon improvement plan approval by the Board and satisfaction of all technical requirements and compliance with the PUD approval and conditions. The applicant may apply for and be granted improvement plan approval for the entire PUD or any phase of the project, subject to final concurrency determination and level-of-service availability.

(j)

Amendments to an approved concept development plan or improvement plan. Amendments to an approved concept development plan or improvement plan or its attendant documentation may be requested at any time during the development of or useful life of a planned unit development.

(1)

The Development Director may approve any change to the interior of the development that does not increase height, density or intensity (i.e., number of dwelling units or recreational vehicles or quantity of commercial or industrial floor area). The Development Director may not approve a change that:

a.

Will result in a reduction of more than five percent of total open space, buffering, landscaping and/or preservation areas.

b.

Change of uses which fall within 50 feet of the boundary of the PUD or which results in increases in intensity to off-site connections.

(2)

All other requests for amendments to a concept development plan or an improvement plan will be treated procedurally as a new application for planned unit development.

(LDR, § 2322; Ord. No. 2012-01, § 2322, 5-22-2012; Ord. No. 2019-9, § 2, 7-23-2019; Ord. No. 2022-09, § 2, 5-24-2022; Ord. No. 2022-14, § 4, 7-26-2022)

The purpose of this division is to describe certain overlay zones used to impose special development restrictions on identified areas. The location of an overlay zone is established by the County, based on the need for special protective measures in that area. The underlying zoning districts remain undisturbed by the creation of the overlay zone. The overlay zone merely imposes additional or different development standards than those that would otherwise apply.

(LDR, § 2400; Ord. No. 2012-01, § 2400, 5-22-2012)

(a)

Creation of local register of historic places. A local register of historic places is hereby created as a means of identifying and classifying various sites, buildings, structures, objects, and districts as historic and/or architecturally significant. The local register will be kept by the Development Director.

(b)

Initiation of placement on the local register. Placement of sites, buildings, structures, objects or districts on the local register may be initiated by the Board of County Commissioners. In addition, placement may be initiated by the owner of the site, building, structure, object, or area; or, in the case of a district, by the owner of a site, building, structure, object, or area within the proposed district.

(c)

Placement on the local register. The following procedure shall be followed for placement of sites, buildings, structures, objects, areas, and districts on the local register.

(1)

A nomination form, available from the Development Department, shall be completed by the applicant and returned to the Development Department.

(2)

Upon receipt of a completed nomination form, including necessary documentation, the Development Director shall place the nomination on the agenda of the next regularly scheduled meeting of the Board of County Commissioners. If the next regularly scheduled meeting of the Board is too close at hand to allow for the required notice to be given, the nomination shall be placed on the agenda of the succeeding regularly scheduled meeting.

(3)

Adequate notice of the Board's consideration of the nomination shall be provided to the public at large, and to the owner of the nominated property, at least 15 days in advance of the meeting at which the nomination will be considered by the Board.

(4)

The Development Director shall, within 90 days from the date of the meeting at which the nomination is first on the Board's agenda, review the nomination and write a recommendation thereon. The recommendation shall include specific findings and conclusions as to why the nomination does or does not meet the appropriate criteria for listing on the local register. The recommendation shall also include any owner's objection to the listing. If the nomination is in a historic district, the recommendation shall also clearly specify, through the use of maps, lists, or other means, those buildings, objects, or structures which are classified as contributing to the historical significance of the district.

(5)

The nomination form and the Development Director's recommendation shall be sent to the Board of County Commissioners. The nomination shall then be handled in the same manner as a rezoning application.

(d)

Criteria for listing on the local register.

(1)

A site, building, or district must meet the following criteria before it may be listed on the local register:

a.

The site, building, or district possesses integrity of location, design setting, materials, workmanship, feeling and association.

b.

The site, building or district is associated with events that are significant to local, state or national history; or the district site, building, structure, or object embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

(2)

A site or building located in a district on the local register shall be designated as contributing to that district if it meets the following criteria:

a.

The property is one which, by its location, design, setting, materials, workmanship, feeling and association adds to the district's sense of time and place and historical development.

b.

A property should not be considered contributing if the property's integrity of location, design, setting, materials, workmanship, feeling and association have been so altered that the overall integrity of the property has been irretrievably lost.

c.

Structures that have been built within the past 50 years shall not be considered to contribute to the significance of a district, unless a strong justification concerning their historical or architectural merit is given to the historical attributes of the district are considered to be less than 50 years old.

(e)

Effect of listing on local register.

(1)

The Board of County Commissioners may issue an official certificate of historic significance to the owner of properties listed individually on the local register or judged as contributing to the character of a district listed on the local register. The County Administrator is authorized to place official signs denoting the geographic boundaries of each district listed on the local register.

(2)

Structures and buildings listed individually on the local register or judged as contributing to the character of a district listed on the local register shall be deemed historic and entitled to modified enforcement of the Florida Building Code.

(3)

No demolition, alteration, relocation or construction activities may take place except as provided below.

(f)

Certificates of appropriateness.

(1)

When required.

a.

A certificate of appropriateness must be obtained before making certain alterations, described below as regulated work items, to contributing structures and structures listed individually on the local register.

b.

For each of the regulated work items listed below, the following applies:

1.

Ordinary maintenance. If the work constitutes "ordinary maintenance" as defined in the LDR, the work may be done without a certificate of appropriateness.

2.

Staff approval. If the work is not "ordinary maintenance," but will result in the "original appearance" as defined in the LDR, the certificate of appropriateness may be issued by the Development Director.

3.

Board approval. If the work is not "ordinary maintenance" and will not result in the "original appearance," a certificate of appropriateness must be obtained from the Board of County Commissioners before the work may be done.

c.

The following are regulated work items:

1.

Installation or removal of metal awnings or metal canopies.

2.

Installation of all decks above the first-floor level and/or on the front of the structure.

3.

Installation of an exterior door or door frame, or the infill of an existing exterior door opening.

4.

Installation or removal of any exterior wall, including the enclosure of any porch or other outdoor area with any material other than insect screening.

5.

The installation, relocation, or removal of wood, chain-link, masonry (garden walls) or wrought iron fencing.

6.

The installation or removal of all fire escapes, exterior stairs or ramps for handicapped.

7.

Painting unpainted masonry including stone, brick, terra cotta and concrete.

8.

Installation or removal of railings or other wood, wrought iron or masonry detailing.

9.

Abrasive cleaning of exterior walls.

10.

Installation of new roofing materials, or removal of existing roofing materials.

11.

Installation or removal of security grilles, except that in no case shall permission to install such grilles be completely denied.

12.

Installation of new exterior siding materials, or removal of existing exterior siding materials.

13.

Installation or removal of exterior skylights.

14.

Installation of exterior screen windows or exterior screen doors.

15.

Installation of an exterior window or window frame or the infill of an existing exterior window opening.

d.

A certificate of appropriateness must be obtained from the Board of County Commissioners to erect a new building or parking lot within a district listed on the local register.

e.

A certificate of appropriateness must be obtained from the Board of County Commissioners to demolish a building, structure, or object listed individually on the local register, or designated as contributing to a district listed on the local register.

f.

A certificate of appropriateness must be obtained from the Board of County Commissioners to relocate a building, structure, or object listed individually on the local register, or designated as contributing to a district listed on the local register.

(2)

Criteria for issuing.

a.

The decision on all certificates of appropriateness, except those for demolition, shall be guided by the Secretary of the Interior's Standards For Rehabilitation and Guidelines for Rehabilitating Historic Buildings and the following visual compatibility standards:

1.

Height. Height shall be visually compatible with adjacent buildings.

2.

Proportion of building, structure or object's front facade. The width of building, structure or object to the height of the front elevation shall be visually compatible to buildings and places to which it is visually related.

3.

Proportion of openings within the facility. The relationship of the width of the windows in a building, structure, or object shall be visually compatible with buildings and places to which the building, structure or object is visually related.

4.

Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building, structure or object shall be visually compatible with buildings and places to which it is visually related.

5.

Rhythm of buildings, structures, or objects on streets. The relationship of the buildings, structures or objects to open space between it and adjoining buildings and places shall be visually compatible to the buildings and places to which it is visually related.

6.

Rhythm of entrance and/or porch projection. The relationship of entrances and projections to sidewalks of a building, structure, or object shall be visually compatible to the buildings and places to which it is visually related.

7.

Relationship of materials, texture and color. The relationship of materials, texture and color of the facade of a building, structure or object shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

8.

Roof shapes. The roof shape of the building, structure, or object shall be visually compatible with the buildings to which it is visually related.

9.

Walls of continuity. Appurtenances of a building, structure, or object such as walls, fences, landscape masses shall, if necessary, form cohesive walls of enclosure along a street, to insure visual compatibility of the building, structure, or object to the building and places to which it is visually related.

10.

Scale of a building. The size of the building, structure, or object, the building mass of the building, structure or object in relation to open space, the windows, door openings, porches, and balconies shall be visually compatible with the buildings and places to which it is visually related.

11.

Directional expression of front elevation. A building, structure, or object shall be visually compatible with the buildings and places to which it is visually related in its directional character.

b.

In addition to the guidelines provided in Subsection (f)(1) of this section, issuance of certificates of appropriateness for relocations shall be guided by the following factors:

1.

The historic character and aesthetic interest of the building, structure, or object contributes to its present setting.

2.

Whether there are definite plans for the area to be vacated and the effect of those plans on the character of the surrounding area.

3.

Whether the building, structure, or object can be moved without significant damage to its physical integrity.

4.

Whether the proposed relocation area is compatible with the historical and architectural character of the building, structure or object.

c.

Issuance of certificates of appropriateness for demolitions shall be guided by the following factors:

1.

The historic or architectural significance of the building, structure, or object;

2.

The importance of the building, structure, or object to the ambience of a district;

3.

The difficulty or the impossibility of reproducing such a building, structure or object because of its design, texture, material, detail, or unique locations;

4.

Whether the building, structure, or object is one of the last remaining examples of its kind in the neighborhood, the County, or the region;

5.

Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area;

6.

Whether reasonable measures can be taken to save the building, structure, or object from collapse; and

7.

Whether the building, structure, or object is capable of earning reasonable economic return on its value.

(3)

Procedure.

a.

A person wishing to undertake any of the actions specified in Subsection (f)(1) of this section shall file an application for a certificate of appropriateness, and supporting documents, with the Development Director.

b.

The prospective applicant shall confer with the Development Director concerning the nature of the proposed action and requirements related to it. The Development Director shall advise the applicant of the nature and detail of the plans, designs, photographs, reports or other exhibits required to be submitted with the application. Such advice shall not preclude the Board of County Commissioners from requiring additional material prior to making its determination in the case.

c.

Upon receipt of a completed application and all required submittals and fees, the Development Director shall place the application on a scheduled meeting of the Board of County Commissioners allowing for notice as required herein or at a later date with the agreement of the applicant.

d.

At least 15 days, but not more than 30 days, prior to the meeting at which the application is to be heard, the Director shall give the following notice:

1.

Written notice of the time and place of the meeting shall be sent to the applicant and all persons or organizations filing written requests with the Department.

2.

One advertised notice in a newspaper of general circulation.

e.

The hearing shall be held at the time and place indicated in the notice. The decision of the Board of County Commissioners shall be made at the hearing.

f.

The Board of County Commissioners shall use the criteria set forth in Subsection (f)(2) of this section to review the completed application and accompanying submittals. After completing the review of the application and fulfilling the public notice hearing requirements set forth above, the Board of County Commissioners shall take one of the following actions:

1.

Grant the certificate of appropriateness with an immediate effective date;

2.

Grant the certificate of appropriateness with special modifications and conditions;

3.

Deny the certificate of appropriateness.

g.

The Board of County Commissioners shall make written findings and conclusions that specifically relate to the criteria for granting certificates of appropriateness. All parties shall be given the opportunity to provide evidence.

h.

The Board of County Commissioners shall record and keep records of all actions it takes pertaining to the Historic Districts and Landmarks Overlay. The records shall include the vote, absence, or abstention of each member upon each question, all official actions, and findings and conclusions.

i.

No work for which a certificate of appropriateness is required may be undertaken unless a certificate of appropriateness authorizing the work is conspicuously posted on the property where the work is to be performed.

(LDR, § 2401; Ord. No. 2012-01, § 2401, 5-22-2012)

(a)

Intent. It is the intent of this section to encourage the clustering of residential units in order to protect agriculture lands that are being used for farming, provide for natural areas, provide for water resources, provide for environmentally important areas, and achieve land preservation goals through clustering in conjunction with acquisition, conservation, mitigation banking of non-developed land, or incentivizing property owners to work with public agencies on large public works projects.

(b)

Procedure. Cluster parcels shall be created through the creation of a cluster agreement resolution. The resolution shall set out the general parameters for development, consistent with the development standards defined in Subsection (d) of this section, general uses and the location of both the areas for preservation and the areas for the clustering of units. The cluster agreement resolution shall delineate and identify the general location of both the cluster parcel and the preservation parcel through a land use map adopted with the cluster agreement resolution. The proposed land use map must contain the general locations of the cluster area and preservation area as well as the access point for the cluster area.

(c)

Criteria for approval. The Board of County Commissioners will approve a cluster agreement resolution only when it meets one or more of the following criteria:

(1)

The area proposed for "preservation" will be used for a public works project.

(2)

The area proposed for "preservation" will be set aside as preservation and is either currently or in a restored state valuable environmental habitat, and will allow for public access.

(3)

The area proposed for "preservation" will be permitted as a mitigation bank.

(4)

The area proposed for "preservation" will be used for the preservation of agricultural activities.

(d)

Standards of development. Cluster parcels created under this section are subject to the following requirements:

(1)

All residential development must meet the standards of the RSF-2 zoning district unless a PUD is approved that includes a different set of property development regulations and uses.

(2)

The areas of residential development must provide a minimum of 100 feet buffer and building setback from any property line between an adjacent agriculture use and any non-agriculture use proposed on the property.

(3)

The proposal must conform to all other requirements of the adopted land development regulations (including platting requirements and minimum yard requirements of the RSF-2 zoning district or approved PUD), zoning code, and comprehensive plan.

(4)

The areas designated for residential development, the cluster parcel, must be located outside of the conservation overlay areas as determined by field analysis. The cluster parcel may contain within it areas designated within the conservation overlay as long as no residential units are placed within the conservation overlay.

(5)

A minimum of 20 percent of the cluster area shall be used for common open space. For the purpose of this policy, open space shall include commonly maintained water management lakes (not more than 25 percent of open space requirement), recreational facilities, parks, nature trails, natural preserve areas, rural boundary setbacks and buffer areas and other commonly owned or maintained areas of pervious surface. Private yards shall not be included within the open space requirement.

(6)

Recreational uses and limited commercial uses to serve the residential community are permitted within the cluster area in order to promote the internalization of activities and trips. Commercial shall be limited to only those uses that are allowed in the A-10 zoning district and intended to provide for daily needs of the cluster area.

(7)

Use of the undeveloped portion, the preservation parcel, of the property must be restricted by either an agriculture, open space, conservation, or other form of restrictive easement, or the property must be sold, conveyed or restricted in favor of a public agency for preservation, public works projects or any similar use. Sale, conveyance or recording of the restrictive easement or covenant must occur following the final approval.

(8)

The location of the property's density in the cluster area and approval of the cluster agreement resolution vests the right to the units without making a final determination as to the final layout and design. Approval of the cluster agreement resolution by the County must occur prior to sale, conveyance or restriction of any preservation parcel lands to a public agency for natural resource uses. No future changes to the land development regulations or Comprehensive Plan can take away the vested units within the cluster area once the preservation parcel is sold or encumbered.

The cluster parcel may use the "preservation" area for mitigation of environmental impacts (wetlands, wildlife, water resource, or other environmental mitigation), and for passive recreation, subject to any necessary approval from environmental agencies with jurisdiction or ownership.

(LDR, § 2500; Ord. No. 2012-01, § 2500, 5-22-2012)