(a)

Accessory uses or structures are permitted, as specified in the applicable zoning district regulations, provided that the following requirements are met:

(1)

There shall be a permitted principal use or structure on the parcel, located in full compliance with all standards and requirements of the LDR.

(2)

All accessory structures shall comply with standards pertaining to the principal use or structure, unless exempted or superseded elsewhere in the LDR.

(3)

Accessory structures shall not be located in a required buffer, landscape area, or minimum building setback area, unless otherwise stated in the LDR.

(4)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(5)

Accessory structures shall be shown on plans required for development approval.

(6)

The height and square footage of an accessory structure cannot exceed the height and one-half the actual square feet of a principal building except for:

a.

An accessory structure in the A-5 and A-10 zoning districts;

b.

Bona fide agricultural uses, buildings, and structures;

c.

A private garage or carport on the same premises as the principal building and on a residential zoned lot exceeding 0.34-acres, or on any residential lot within the Planned Unit Development (PUD), or PUD Overlay District; and

d.

A screen enclosure.

(b)

An accessory structure shall not be permitted if it would result in the expansion of a nonconformity.

(c)

Permits for accessory structures shall be issued in accordance with the following regulations:

(1)

No permit for an accessory structure may be issued unless there is an existing principal structure on the property or unless the permits are issued concurrently. Except for an accessory structure in A-5 or A-10 Zoning Districts and for bona fide agricultural uses and structures, no permit may be issued for an accessory structure that exceeds the height and one-half the square footage of the principal structure.

(2)

An accessory structure attached or connected to a principal structure shall be deemed to be an addition to such structure and subject to the setbacks for the principal structure.

(3)

An accessory structure shall be located on the same lot as the principal structure or, if multiple contiguous lots are used as a single building site, those lots shall be considered as one lot, or on a non-contiguous lot under the same ownership and under a unity of title or similar instrument.

(LDR, § 8001; Ord. No. 2012-01, § 8001, 5-22-2012; Ord. No. 2017-15, § 5, 8-22-2017; Ord. No. 2018-16, § 2, 8-27-2018)

(a)

No accessory buildings used for industrial storage of hazardous, incendiary, noxious, or dangerous materials shall be located nearer than 100 feet from any property line.

(b)

Storage buildings, greenhouses, and the like shall be permitted only in compliance with standards for distance between buildings, and setbacks, if any, from property lines, unless otherwise stated elsewhere in the LDR.

(c)

Storage and other buildings regulated by this section shall be permitted only in side and rear yards, and shall not encroach into the front yard building setback area, except for pump sheds.

(d)

Storage and other buildings regulated by this section shall be included in calculations for impervious surface, floor area ratio, or any other site design requirements applying to the principal use of the lot.

(e)

Vehicles, including manufactured housing and mobile homes, shall not be used as storage buildings, utility buildings, or other such uses, except for bonafide agricultural uses.

(LDR, § 8002; Ord. No. 2012-01, § 8002, 5-22-2012)

(a)

Swimming pools more than 24 inches in depth shall not encroach into any required yard setback area.

(b)

Enclosures for pools shall be considered a part of the principal structure and shall comply with standards for minimum distance between buildings, setback requirements, and other building location requirements of the LDR and when attached to the principal structure, shall be considered a part of the principal structure.

(c)

No overhead electric power lines shall pass over any pool unless enclosed in conduit and rigidly supported, nor shall any power line be nearer than ten feet horizontally or vertically from the pool's water edge.

(d)

All new swimming pools more than 24 inches in depth, spas and hot tubs shall comply with the Florida Building Code and the Residential Swimming Pool Safety Act (F.S. ch. 515).

(LDR, § 8003; Ord. No. 2012-01, § 8003, 5-22-2012)

(a)

All fences and walls to be built shall comply with the Florida Building Code. Fences, walls or hedges may be located in any district in all front, side and rear yards.

(b)

Setbacks.

(1)

Front yard setback. No fences, walls or hedges may exceed four feet in height when placed in the front setback except:

a.

In agricultural, commercial, industrial, and public/institutional zoning districts; and

b.

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, an owner may file with the Development Department a zoning verification certificate application to allow one or more but not all front yards to be treated as a side yard for the purposes of allowing up to an eight feet high fence. In determining whether to approve such an application, the Director of Development shall consider the following criteria:

(i)

The street address of the principal building;

(ii)

The orientation of the principal building to the roadway;

(iii)

The orientation of the driveway to the roadway;

(iv)

The orientation of the front door of the roadway;

(v)

The length in linear feet of the frontage on each roadway; and

(vi)

Any other pertinent factor, such as but not limited to the historic character of the building, premises, and surrounding area; the traffic volumes on the abutting roadways; and the placement of fences and walls on the same block or area.

(2)

Rear yard setback. No fence, wall or hedge located in the rear yard setbacks shall exceed the height of eight feet.

(3)

Side yard setback. No fence, wall or hedge located in the side yard setbacks may exceed the height of eight feet.

(c)

In areas where the property faces two roadways or is located in any other area construed to be a corner lot, no fence, wall or hedge shall be located in the vision triangle.

(d)

A fence or wall required for safety and protection of hazard by another public agency may not be subject to height limitations of this section. Approval to exceed height standards may be given by the Director of Development upon receipt of satisfactory evidence of the need to exceed height standards.

(e)

No fence, wall or hedge shall be constructed or installed in such a manner as to interfere with drainage on or adjacent the site.

(f)

The design and construction material of fences and walls shall be in keeping with neighborhood appearance and the use of the property.

(g)

No fences or walls shall be erected or installed in a public right-of-way or public easement. The Board of County Commissioners, however, through the Development Plan process may allow a fence to be installed in a public right-of-way or public easement for a term of years if the public right-of-way or public easement is not presently needed and if such installation would further the public health, safety or general welfare. The owner shall be liable to the County for costs that the County incurs with regard to removing, moving, tearing down, or reconstructing any wall or fence located on property that is subject to an easement or right-of-way in the County's favor.

(LDR, § 8004; Ord. No. 2012-01, § 8004, 5-22-2012; Ord. No. 2014-06, § 13, 10-28-2014; Ord. No. 2018-17, § 1, 8-27-2018)

If stated in the zoning district regulations, one guest house per residential lot is permitted, provided the following requirements are met:

(1)

The guest house is accessory to a principal single-family detached dwelling;

(2)

The guest house complies with all setback requirements for accessory structures;

(3)

The guest house is physically separated from the principal structure;

(4)

The lot is at least 43,560 square feet;

(5)

There is a minimum separation between structures of ten feet; and

(6)

The guest house is no larger than 50 percent of the principal structure.

(LDR, § 8005; Ord. No. 2012-01, § 8005, 5-22-2012)

(a)

Purpose. The purpose of this section is to provide for inexpensive housing units to meet the needs of households, making housing available to persons who might otherwise have difficulty finding homes. This section is also intended to protect the property values and residential character of neighborhoods where accessory dwelling units are located. No more than one accessory dwelling unit, including guest houses, may be permitted on any property.

(b)

Accessory apartments. Accessory apartments may be allowed in single-family homes, provided that all of the following requirements are met:

(1)

No more than one accessory apartment shall be permitted on any residential lot.

(2)

Any accessory apartment shall be located within the principal structure or connected by a breezeway, roofed passage, or similar structure.

(3)

An accessory apartment shall not exceed 25 percent of the gross floor area of the principal structure within which it is located.

(4)

An accessory apartment shall be located and designed so not to interfere with the appearance of the principal structure as a one-family dwelling unit.

(5)

No variations, adjustments, or waivers to the requirements of the LDR shall be allowed in order to accommodate an accessory apartment.

(c)

Garage apartments.

(1)

A garage apartment is a dwelling unit located in an accessory building where a portion of the building contains a dwelling unit for one family only, and the enclosed space for at least one automobile is attached to such dwelling unit.

(2)

The living space of the garage apartment shall be no more than 25 percent of the principal single-family dwelling unit located on the lot.

(3)

A garage apartment shall be permitted as accessory to single-family units only.

(LDR, § 8006; Ord. No. 2012-01, § 8006, 5-22-2012)

(a)

Purpose. The purpose of this section is to permit the occupation or profession conducted by members of a family residing on the premises and conducted entirely within the dwelling. Home occupations are limited to those uses which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence. These provisions are also intended to guard against change in neighborhood character, nuisance to neighbors, and to ensure equal protection.

(b)

Consideration by the Development Director. The following criteria shall be employed by the Development Director to determine a valid home occupation.

(1)

No employment of help other than the members of the resident family.

(2)

No use of material or equipment not recognized as being part of the normal practices in the residential district.

(3)

No direct sales of products or merchandise from the home.

(4)

The use shall not generate pedestrian or vehicular traffic beyond those normal to the residential district.

(5)

The use of a commercial vehicle for delivery of materials to or from the premises owned by the home occupation permit holder.

(6)

Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (i.e., John Jones, Artist). It shall not exceed one square foot in area, shall be non-illuminated, and attached flat to the main structure or visible through a window. The limitation to one nameplate is intended to apply to all lots, including corner lots.

(7)

No more than 25 percent of a dwelling shall be utilized for the home occupation.

(8)

No outside area shall be used for home occupation purpose or storage.

(9)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

(10)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

(11)

Where deemed appropriate and feasible by the Development Director, one additional parking space shall be provided to accommodate the home occupation.

(LDR, § 8007; Ord. No. 2012-01, § 8007, 5-22-2012)

(a)

Generally. Residential and nonresidential development projects may provide amenities for the exclusive use of the employees and/or residents of the project. Such amenities shall be allowed only as provided in Subsections (b) through (d) of this section.

(b)

Dining rooms, cafeterias, snack shops, and similar uses. A development may provide a central dining facility to serve the employees and/or residents of the project subject to the following restrictions:

(1)

The facility shall not be open to the general public.

(2)

There shall be no off-site signs advertising the presence of the facility.

(c)

Community centers and recreation centers. A development may provide a central facility to provide a meeting place and indoor recreation opportunities for residents subject to the following restrictions:

(1)

Such facilities shall not include health clubs, gyms, and the like, offering services to the general public.

(2)

Parking to serve the building shall be provided as required by Article VI of this chapter.

(3)

There shall be no identification signs, other than directional signs pursuant to Article VIII of this chapter.

(d)

Employee fitness centers. Nonresidential development projects may provide a fitness or exercise center for the use of employees subject to the following restrictions:

(1)

Such facilities shall not be open to the general public.

(2)

There shall be no signs, other than directional or occupant signs, identifying the facility.

(LDR, § 8008; Ord. No. 2012-01, § 8008, 5-22-2012)

(a)

Agricultural support housing, including mobile homes or manufactured homes for farm, grove, or ranch labor is permitted in specified zoning districts, provided that such housing shall not be located within 250 feet of any other property under separate ownership and the land has a greenbelt classification.

(b)

One mobile home or manufactured home is permitted for agricultural support housing on a parcel of land no smaller than 40 acres occupied by a family supporting the agricultural operation.

(c)

Permanent housing is permitted, provided that the following development standards are met:

(1)

Minimum parcel area: 40 acres.

(2)

Maximum density: five units per acre.

(3)

Minimum distance between buildings: 20 feet.

(4)

Maximum occupancy per dwelling unit: eight persons.

(5)

Minimum off-street parking: two spaces per unit.

(LDR, § 8009; Ord. No. 2012-01, § 8009, 5-22-2012)

(a)

Industrial support housing, including mobile homes or manufactured homes for security guards, watchmen, caretakers or other employees of an on-premises operation whose work requires residence on the premises is permitted in specified zoning districts.

(b)

One mobile home or manufactured home is permitted for industrial support housing on a parcel of land no smaller than five acres.

(c)

Permanent housing is permitted provided that the following development standards are met:

(1)

Minimum parcel area: five acres.

(2)

Maximum dwelling units per parcel: two.

(3)

Minimum distance between buildings: 20 feet.

(4)

Maximum occupancy per dwelling unit: two persons.

(5)

Minimum off-street parking: two spaces per unit.

(LDR, § 8010; Ord. No. 2012-01, § 8010, 5-22-2012)

(a)

Cemeteries are permitted only as accessory to religious institutions or places of worship. Establishment of new cemeteries as a principal use is not permitted. Existing cemeteries are authorized to continue as a legal, nonconforming use and subject to applicable regulations regarding that status. As an accessory use, the following development standards apply:

(1)

Located on parcels no smaller than one acre in size, including lots of record.

(2)

Meet minimum lot width as required of RSF1 zoning district.

(b)

Cemeteries as part of, in conjunction with or associated with a religious institution or place of worship, shall be reviewed pursuant to regulations for "place of worship" and shall be required to be part of any application for approval. Existing places of worship may submit application to amend an existing special exception approval to include cemetery as an accessory use on or adjacent to their property.

(c)

All outside regulations (State and/or Federal) shall be adhered to and are the responsibility of the property owner and cemetery operator. This section is not intended to replace or repeal any outside agency requirements or laws governing the development and/or operation of cemeteries.

(d)

Family cemeteries may be located in Agricultural 10 (A-10), Agricultural 5 (A-5) and Public Institutional (P/I) zoning districts by special exception, may not exceed two acres in size, must be part of a larger parcel of land, and may only be used by the property owner for burial of deceased family members. As part of the application for special exception approval, the property owner shall file the following in a form acceptable to the Board: a boundary survey or sketch prepared by a licensed surveyor of the area to be used as a family cemetery; a maintenance bond or other evidence of financial assurance for continued maintenance of the family cemetery; and acknowledgement that the County will not be responsible for maintenance of the family cemetery. The Board may condition special exception approval on site specific set-backs and security requirements.

(LDR, § 8100; Ord. No. 2012-01, § 8100, 5-22-2012; Ord. No. 2021-12, § 3, 12-14-2021)

(a)

Storage of materials.

(1)

Material that is not salvageable shall not be permitted to accumulate, except in bins or containers, and shall be disposed of in an approved sanitary landfill.

(2)

In no case shall material that is not salvageable be buried or used as fill.

(3)

Recyclable material which cannot be stored in bins or containers may be stored in the open.

(4)

Junkyard operators shall be responsible for compliance with all applicable Federal and State regulations pertaining to the handling, storage, and disposal of tires, waste fluids permitted on site.

(5)

In any open storage area, it shall be prohibited to keep any ice box, refrigerator, deep-freeze locker, clothes washer, clothes dryer, or similar airtight unit having an interior storage capacity of 1½ cubic feet or more from which the door has not been removed.

(b)

Screening. All junkyards shall comply with the following screening requirements:

(1)

All outdoor storage facilities shall be surrounded by a substantial continuous opaque masonry, wooden or metal fence (not including chain-link fences) or a wall, any of which shall be a minimum of eight feet in height.

(2)

Gates at entrance or exit shall be of a material without openings.

(3)

The screen shall be constructed of the same type of material throughout.

(4)

No screen shall be constructed of metal that will rust.

(5)

Screens shall be maintained and in good repair at all times.

(c)

Buffer in lieu of screening. Where an outdoor storage facility does not abut a public street or highway, a vegetative buffer may be permitted in lieu of screening. A Buffer "D" as described in Article VI, Division 6, of this chapter shall be required.

(LDR, § 8200; Ord. No. 2012-01, § 8200, 5-22-2012)

(a)

Generally:

(1)

Certain uses are temporary in character. They vary in type and degree, as well as in length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present serious questions involving potential incompatibility of the temporary use with existing and projected permitted or permissible uses. The intent is to classify temporary uses and to provide for permitting, administration and control of such uses according to the several classifications set out in this section through the issuance of a temporary use permit that shall not exceed a period of one year, unless extended for good cause shown in accordance with subsection (4) hereof.

(2)

Applicants for the temporary use permit shall submit a completed application and plans to the Development Director indicating the area in which the temporary use permit is to be located, the nature of the use and activities requested and time period requested. Other information may be required for the application as described in the temporary use classifications of this section.

(3)

The Director of Development, or the Board for uses identified under sections (b)(2) or (7) hereof, may grant or deny a temporary use permit, and in addition, may also require conditions and safeguards including, but not limited to, the following:

a.

Traffic safety measures;

b.

Additional parking requirements;

c.

Limited activity hours;

d.

Additional landscaping for temporary permit area;

e.

Additional on-premise safeguards, which may include, but not be limited to watchman, fencing and lighting.

f.

Sanitary measures; and

g.

Except for bona fide agricultural uses, strictly limit the use of a temporary power pole to the term of the temporary use permit.

(4)

The developer may request an extension of the temporary use permit and shall provide the reason for extension and the time required. The Director, or the Board for uses identified under sections (b)(2) or (7) hereof, may extend the permit, on a year-to-year basis for good cause. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the LDR and may be subject to penalties.

(b)

Real estate development. In the case of real estate development projects in any district, the developer may request a temporary use permit for a period not to exceed 12 months to allow promotional, storage and fabrication activities which are needed during construction and sale of the project. The following uses may be allowed under the terms of such a temporary permit:

(1)

Temporary on-premises real estate sales offices.

(2)

Equipment and construction materials storage, staging areas, processing and fabrication facilities; provided that Board approval is required unless this use is located in a commercial, industrial, or public institutional zoning district.

(3)

Temporary office space for persons engaged in the development.

(4)

Temporary signs in conformity with all current sign regulations.

(5)

Mobile radio or television equipment and antenna.

(6)

Temporary mobile home as office or storage, but not for residency other than for a watchman or caretaker.

(7)

Temporary structures, staging areas and equipment for road building, public utility construction and public government projects; provided that Board approval is required unless this use is located in a commercial, industrial, or public institutional zoning district.

(8)

Model homes.

(9)

Other temporary uses comparable in nature to those listed in this subsection (b).

(c)

Temporary occupancy of mobile home, recreational vehicle or accessory structure at residential construction site.

(1)

A mobile home, accessory structure, or recreational vehicle may be permitted to locate on a residential construction site as a temporary use while a permanent principal structure is under construction. The Development Director may issue a temporary permit after a development permit is issued for the principal uses.

(2)

The duration of a temporary permit shall not exceed one year, or extend beyond the expiration date of the development permit, or completion of the principal structure. No temporary use permit shall be issued prior to the installation of water, sewage treatment, and electrical services.

(3)

The mobile home shall be removed from the property within ten days and the recreational vehicle or accessory structure shall be vacated upon issuance of the certificate of occupancy of the principal structure.

(d)

Temporary sales, sports, religious, and community events.

(1)

The Development Director may grant a non-renewable one-month permit for special events upon property properly zoned and developed for such use and events as seasonal products sales, sales of motor vehicles by dealers permanently licensed pursuant to F.S. ch. 320, for location within the County, sporting events, car-washes and other promotional or fund-raising events. Such permits may include the placement of temporary signs, merchandise, temporary structures and equipment, and temporary mobile home as an office, not for residency. If the temporary use is not discontinued on expiration of the permit, it shall be deemed a violation of the LDR and may be subject to penalties.

(2)

Garage or yard sales are permitted in any district two times per year, not to exceed three days for each sale period. No application fee is required for a garage sale or yard sale.

(e)

Medical hardship.

(1)

For the purpose of this subsection (e), the term "medical hardship" shall be used to refer to a situation in which the application of the LDR would cause unique hardship and delays.

(2)

In the case of a medical hardship, the applicant may request a medical hardship permit to locate and occupy a mobile home, travel trailer, or recreational vehicle for a period not to exceed 12 months.

(3)

Applicants for the medical hardship permit shall submit plans to the Development Director indicating, on an appropriately scaled and notated site plan, the area in which the mobile home, travel trailer, or recreational vehicle is to be located, including all separation distances and setback measurements, the nature of the use, time period requested, and shall submit the following:

a.

A property owner's statement describing the need, identifying the person requiring the health care and the person to provide care, and relationship of the persons.

b.

A certificate of need and necessity from a medical doctor, describing the medical problem, and offering a professional opinion of the need, shall be filed in support of the application.

(4)

Mobile home must be a minimum of 12 feet wide, but not greater than 14 feet wide and will require the same permits and facilities as a permanent installation.

(5)

The property must be large enough for installation of the mobile home, travel trailer, or recreational vehicle in compliance with all primary principal structure setback and building separation requirements of the zoning district.

(6)

If the use is not discontinued upon expiration of the permit, it shall be deemed a violation of the LDR, and may be subject to penalties. Upon termination of the permit, if the applicant desires to continue, another application may be made in the same manner as the original application. The burden is upon the applicant to file for an extension prior to expiration.

(7)

The mobile home, travel trailer, or recreational vehicle must be removed from the property within 90 days after the expiration of the medical hardship permit.

(f)

Temporary agriculture support uses, roadside produce stands, and temporary wholesale produce transfer stations.

(1)

Temporary agriculture support uses, roadside produce stands and temporary wholesale produce transfer stations may be permitted through the temporary use permit process for up to four months. Other aspects of the LDRs still apply, including, but not limited to:

a.

Installation of a commercial/bi-directional driveway and culvert. Existing driveways will be inspected for compliance. An approved right-of-way permit shall be posted during any work.

b.

Compliance with setbacks of the applicable zoning district.

c.

A development plan of sufficient scale that shows proposed uses and/or structures.

(2)

All facilities must be temporary and no permanent structures, impervious surfaces, or site improvements may be permitted under this temporary use permit process.

(3)

Permanent structures may only be permitted through the regular development review process.

(g)

Agricultural education opportunity. A temporary use permit may be issued to allow for temporary breeding and care of animals and temporary placement of agriculture structures, in association with 4-H or Future Farmers of America (FFA) programs, and which are monitored and administered by local or regional offices. An applicant for a temporary use permit under this subsection must submit the following:

(1)

Documentation indicating membership in an identified program.

(2)

Documentation indicating the duration of time specified animals and temporary agriculture support structures are to be housed on the property.

(3)

Notarized letter of support from adjacent property. Authorization shall only be granted by the Board of County Commissioners through a review as a regular agenda item.

(h)

Other uses or activities. Other temporary uses or activities, with appropriate safeguards and conditions, may be permitted as determined by the Development Director.

(LDR, § 8300; Ord. No. 2012-01, § 8300, 5-22-2012; Ord. No. 2017-15, § 6, 8-22-2017; Ord. No. 2021-03, § 1, 5-25-2021)

(a)

There may exist lots, structures, uses of land or water, and characteristics of use which were lawful before the LDRs were adopted or amended, but which would be prohibited, regulated or restricted under the terms of the current LDRs or future amendments. It is the intent of the LDRs to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of the LDRs that nonconformities shall not be enlarged upon, expanded, intensified, or extended, except as specifically provided by this division, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

Nonconforming uses and structures are declared to be incompatible with permitted uses in the districts involved.

(c)

To avoid undue hardship, nothing in the LDRs shall be deemed to require a change in the plans, construction, or designated use of any structure or land on which actual construction was lawfully begun prior to the effective date of the LDRs and upon which actual construction has been started and carried on without interruption, except for just cause. Such plans, construction, or use shall be deemed vested. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition, or removal shall be deemed to be actual construction, provided that work shall be carried on without interruption, except for just cause, until the completion of the new construction involved.

(LDR, § 8401; Ord. No. 2012-01, § 8401, 5-22-2012)

In any zoning district, any permitted or permissible structure may be erected, expanded, or altered on any lot of record. The development standards shall be as for the most similar district to which the lot of record most closely conforms in area.

(LDR, § 8402; Ord. No. 2012-01, § 8402, 5-22-2012)

(a)

Parcels less than 2½ acres in size. A building permit shall be issued on a parcel of land less than 2½ acres in size if:

(1)

The parcel of land is indicated on a recorded plat either independently or as a combination of lots or tracts and portions of adjacent lots or tracts;

(2)

It can be conclusively demonstrated that title to, or contract for deed for, the parcel of land was recorded in its same configuration prior to March 1, 1982; and

(3)

The parcel of land resulted from the division into four or fewer parcels of a parent tract of land the deed in which, or contract for deed for, was recorded prior to March 1, 1982. The parent tract of land shall not be a part of a recorded or unrecorded plat.

(b)

A building permit shall be issued for any size parcel of land if one of the following conditions are satisfied:

(1)

The parcel of land has frontage on either:

a.

A right-of-way of the State road system;

b.

A perpetual easement recorded prior to March 1, 1982, which connects the parcel of land with any of the various other types of rights-of-way described in Subsection (b)(1)a, e, g or h.3 of this section;

c.

An exclusive and perpetual easement, approved by the Board, which is no less than 60 feet in width, unless a lesser width is approved, and which connects the parcel of land with any of the various types of rights-of-way described in Subsection (b)(1)a, e, g, h.1 or h.3 of this section and which is recorded after March 1, 1982;

d.

Private platted easements within the 25-year floodplain as permitted by Board;

e.

A right-of-way claimed by maintenance under the provisions of F.S. § 95.361;

f.

An easement or right-of-way for access entered by order of a court of competent jurisdiction;

g.

A right-of-way the deed for which is accepted by vote of the Board;

h.

A right-of-way shown on a recorded plat, or on a recognized unrecorded plat, where there is acceptable evidence of either formal or an implied offer to dedicate the right-of-way and where acceptance of such offer is evidenced by one of the following:

1.

Acceptance by formal action of the Board of County Commissioners;

2.

Acceptance evidenced by continued open and notorious vehicular use by the public;

3.

Acceptance evidenced by the expenditure of public funds for construction or maintenance; or

i.

A road for which there is no formal right-of-way but where there is evidence that a public prescriptive use is established. Recognition of such roads for building permit purposes shall require the following:

1.

Evidence available to the Director of Development that the road has been open and available for continuous public use for a period of 20 years prior to application for the building permit; or

2.

Two notarized and recordable affidavits executed by separate parties each of which contain the following information:

(i)

The location and approximate width of the subject road;

(ii)

The parcels of land through which the road passes;

(iii)

The parcel of land served by the road on which the building permit will be requested;

(iv)

A statement that for a period of not less than 20 years from the date of the affidavit, the subject road has been in continuous open and notorious use providing access to the parcel of land on which the building permit will be requested;

(v)

The age of the affiant;

(vi)

The number of years the affiant has resided in the County; and

(vii)

The address of the affiant.

(LDR, § 8403; Ord. No. 2012-01, § 8403, 5-22-2012)

Where, at the effective date of adoption of the ordinance from which this chapter is derived, lawful use of lands or waters exists which would not be permitted under the LDRs, the use may be continued, provided that:

(1)

A nonconforming use shall not be enlarged, intensified, or extended to occupy a greater area of land or water than was occupied at the effective date of the ordinance from which this chapter is derived or relevant amendment thereto.

(2)

A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the ordinance from which this chapter is derived or relevant amendment thereto.

(3)

If any nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 90 consecutive days, except as otherwise determined by the Board for good cause shown, any subsequent use of land shall conform to the LDRs.

(LDR, § 8404; Ord. No. 2012-01, § 8404, 5-22-2012)

Where an existing structure could not be built under the LDRs by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued, subject to the following provisions:

(1)

Nonconforming structures may not be enlarged or altered in a way which increases their nonconformity, but may be altered to decrease their nonconformity.

(2)

Any structure, or structure and premises in combination, in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted.

(3)

If any nonconforming use of a structure, or structure and premises in combination, is abandoned, discontinued, or ceases for any reason (except when governmental action impedes access to the premises) for a period of 18 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(4)

Where a nonconforming structure is destroyed or removed to the extent of more than 50 percent of the structure as determined by the Development Director, the structure shall thereafter conform to the LDRs.

(5)

If a nonconforming structure or portion of a structure, or any structure containing a nonconforming use, becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of the County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuild except in conformity with the LDRs.

(6)

Any use which is approved by special exception shall not be deemed a nonconforming use.

(7)

A nonconforming use may be changed to a different nonconforming use in accordance with the provisions of Section 20-1280(3).

(LDR, § 8405; Ord. No. 2012-01, § 8405, 5-22-2012; Ord. No. 2014-06, § 20, 10-28-2014; Ord. No. 2024-002, § 1, 4-23-2024)

(a)

Nonconformity with the stormwater management requirements of the LDRs. An existing development that does not comply with Article VI, Division 5, of this chapter, pertaining to stormwater management, must be brought into full compliance when the use of the development is intensified, resulting in an increase in stormwater runoff or added concentration of pollution in the runoff.

(b)

Nonconformity with the parking and loading requirements of the LDRs. Full compliance with the LDRs shall be required when the seating capacity or any other factor controlling the number of parking or loading spaces required by Article VI, Division 4, of this chapter is increased by ten percent or more.

(c)

Nonconforming signs.

(1)

Defined. Any sign within the County on the effective date of the ordinance from which this chapter is derived which is prohibited by, or does not conform to the requirements of, the LDRs is nonconforming.

(2)

Continuation of nonconforming signs. A nonconforming sign may be continued and shall be maintained in good condition as required by the LDR, but it shall not be:

a.

Structurally changed to another nonconforming sign, but its pictorial content may be changed.

b.

Altered in any manner that increases the degree of nonconformity.

c.

Expanded.

d.

Re-established after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of the appraised replacement cost as determined by the Development Director.

e.

Continued in use when a conforming sign or sign structure is erected on the same parcel or unit.

f.

Continued in use when the structure is demolished or requires renovations the cost of which exceeds 50 percent of the assessed value of the structure.

g.

Continued in use after the structure has been vacant for six months or longer.

(LDR, § 8406; Ord. No. 2012-01, § 8406, 5-22-2012)

(a)

A vehicle use area is any portion of a development site used for circulation, parking, and/or display of motorized vehicles, except junkyards or automobile salvage yards.

(b)

An existing vehicle use area that does not comply with the requirements of the LDR must be brought into full compliance when 25 percent or more of the paving of the vehicle use area is replaced.

(c)

When the square footage of a vehicle use area is increased, compliance with the LDR is required as follows:

(1)

Expansion by ten percent or less. When a vehicle use area is expanded by ten percent or less, only the expansion area must be brought into compliance with the LDR.

(2)

Expansion by more than ten percent. When a vehicle use area is expanded by more than ten percent, the entire vehicle use area shall be brought into compliance with the LDR.

(3)

Repeated expansions. Repeated expansions, or resurfacing or replacement of paving, of a vehicle use area over a period of time commencing with the effective date of the ordinance from which this chapter is derived shall be combined in determining whether the above threshold has been reached.

(d)

Any vehicle use area in existence on the date of enactment of the ordinance from which this chapter is derived which must be brought into conformity with the LDR, and which has more than the number of parking spaces required by the LDR, shall be treated as follows:

(1)

The area shall be reconfigured to comply with requirements in the LDR.

(2)

If, after the reconfiguration, a paved area or areas that are not needed to comply with the requirements of the LDR remain, the developer may do any one or combination of the following:

a.

Conform the area to comply with the LDR and continue to use them for parking.

b.

Remove the paving and use as grassed overflow parking, as additional landscaped transitional one, or for any other purpose consistent with the LDRs and approved by the Development Director.

(LDR, § 8407; Ord. No. 2012-01, § 8407, 5-22-2012)

(a)

If, as a result of a governmental taking, either by negotiation or condemnation, existing lots, parcels, or structure become nonconforming, the following provisions shall apply:

(1)

Existing buildings or site characteristics which become nonconforming or increase in nonconformity as a result of a taking, including, but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, signs, and stormwater management, may be granted a waiver of LDR requirements by the Development Director. Any further expansion or enlargement of a nonconformity shall be in accordance with all LDR requirements.

(2)

In granting any waiver to the LDRs, the Development Director shall:

a.

Determine that the requested waiver will not adversely affect visual, safety, aesthetic or environmental concerns of neighboring properties;

b.

Determine that the requested waiver does not adversely affect the safety of pedestrians or operators and passengers of motor vehicles; and

c.

Preserve required off-street parking requirements to the greatest extent practicable. The reconfiguration, reduction, or removal of landscape or open space requirements may be considered to preserve off-street parking.

(3)

Any alteration, repairs, or rehabilitation work necessitated by a governmental taking may be made to any existing structure, building, electrical, gas, mechanical or plumbing system without requiring the entire building, structure, plumbing, electrical, mechanical or gas system to comply with all the current requirements provided that the work conforms to the requirements of the applicable codes for new construction.

(4)

The condemning authority or the property owner may apply for waiver or variances necessary to replace the structure or site improvements affected by the eminent domain action.

(5)

Nothing in this section precludes the owner or the condemning authority from applying for a variance to the appropriate board where a waiver is denied or is not applicable.

(b)

This section shall not be used as a basis for granting a waiver or variance for a nonconforming use.

(LDR, § 8410; Ord. No. 2014-05, att. A, § 21(8410), 10-28-2014)

(a)

Intent. The intent of this section is to avoid harm and unnecessary expense to the agricultural, residential single-family and duplex property owner caused by a minor encroachment in the placement and construction of accessory structures within the minimum building or yard setback. Such inadvertent encroachment would create a nonconforming structure and could prohibit the issuance of a certificate of occupancy or completeness, prohibit the structure's expansion, or inhibit or prevent the sale or resale of the property. The Board of County Commissioners deems it appropriate to provide administrative relief under limited circumstances. This relief does not apply to principal buildings and structures.

(b)

Administrative relief. The Chief Building Official may grant administrative relief from an intrusion of an accessory structure into the minimum building or yard setback area for agricultural, residential single-family and duplex property and issue a certificate or occupancy or completeness provided that:

(1)

An approved development order (e.g., zoning verification certificate) or permit was issued for the proposed development and had not expired when the structure was constructed or approval was not required; and

(2)

The intrusion into the minimum building or yard setback area is for an accessory structure and the structure does not encroach more than five percent of the required minimum building or yard setback as provided in the applicable zoning district; and

(3)

The administrative relief shall not become effective until a copy of the recorded document granting administrative relief is provided to the Development Department. Said document shall be provided to the Development Department within one week from the date the administrative relief is granted.

(c)

Additional administrative relief. If a property owner has a signed and sealed survey prepared and discovers that the survey shows that one or more accessory structures on agricultural, residential single-family and duplex property encroach into the minimum building or yard setback, the property owner may apply to the Development Director for administrative relief from said minimum building or yard setback. The Development Department shall grant administrative relief from the minimum building or yard setback provided the accessory structure intrusion is five percent or less of the minimum building or yard setback for an accessory structure. The administrative relief shall not become effective until a copy of the recorded document granting administrative relief is provided to the Development Department. Said document shall be provided to the Development Department within one week from the date the administrative relief is granted.

(Ord. No. 2018-21, § 1, 12-11-2018)