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Dixie County Unincorporated
City Zoning Code

Sec. 4.18

Supplementary district regulations.

4.18.1. Scope.

Provisions set forth in this section apply to all areas subject to these land development regulations, and all zoning districts therein, unless exceptions are specifically provided relating to one (1) or more zoning districts, or except as otherwise provided in these land development regulations.

4.18.2. Accessibility for the physically disabled or handicapped.

The public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be accessible to the physically disabled and handicapped.

4.18.2.1. Application.

The requirements of section 4.18 shall apply to all levels and areas of buildings and uses, and to all types of uses, with the exceptions that one (1) family and two (2) family (duplex) dwellings are exempted from these requirements.

4.18.2.2. Requirements for access to buildings and uses.

1.

Accessibility to buildings and uses shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one (1) entrance generally used by the public. Such pathway shall have been cleared of all obstructions related to construction activity, prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one (1) foot in twelve (12) feet and a width of not less than four (4) feet shall be provided for access by wheelchairs.

2.

Except as otherwise specified herein, required off-street parking areas shall have off-street parking space reserved for the physically handicapped. (See section 4.18.17.5, off-street parking: handicapped parking spaces, for the number, dimensions, and other requirements for handicapped parking spaces.)

4.18.3. Access control.

In order to provide ease and convenience in ingress and egress to private property, but more importantly to provide the maximum safety with the least interference to the traffic flow on public streets, the number and location of curb breaks shall be regulated relative to the intensity or size of the property served and the amount of frontage which that property has on a given street. Further, for roadways which are parts of the State of Florida highway system the number and location of curb breaks shall be in conformance with chapters 14-96 and 14-97, Rules of the Florida Department of Transportation and the Department of Transportation Access Management Manual.

4.18.3.1. Number and location of curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number and location of curb breaks shall be regulated as follows:

1.

One (1) curb break shall be permitted for ingress and egress purposes to a single property or development.

2.

Two (2) curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between the two (2) curb breaks equals or exceeds twenty (20) feet.

3.

Three (3) curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between adjacent curb breaks equals or exceeds one hundred (100) feet.

4.

In general, not more than three (3) curb breaks entering on a particular street will be permitted from a single property or development. But, in extensive property development (property exceeding ten (10) acres in total land area and/or containing more than one thousand (1,000) parking spaces), additional curb breaks may be permitted provided all other requirements of this section are met and the minimum distance between adjacent curb breaks equals or exceeds three hundred (300) feet.

4.18.3.2. Width of curb break.

1.

The width of a curb break shall be within the minimum and maximum limits as specified below:

Location
Minimum

Maximum

Residential 12 feet 24 feet
Planned shopping centers, industrial developments, multifamily developments (with parking for 300 or more vehicles 24 feet 60 feet
All other uses:
 One-way 12 feet 24 feet
 Two-way 24 feet 40 feet

 

2.

All curb break widths shall be measured at the street right-of-way line.

3.

In no case shall a curb break width be less than twelve (12) feet.

4.18.3.3. Areas of limited street improvements.

1.

No curb break shall be constructed in the radius return (curved arc between intersecting street pavements) of an intersection.

2.

No curb break shall be constructed nearer than ten (10) feet from the intersection of street right-of-way lines.

3.

No curb break shall be constructed nearer than five (5) feet from any interior property line.

4.

To prevent vehicle overhang on private property in the vicinity of curb breaks, off-street parking areas, and off-street loading areas, a six (6) inch raised curb and/or parking stops shall be constructed a minimum distance of three (3) feet inside the street right-of-way line or property line.

5.

No curb break shall be permitted to include any public facility such as traffic signal standards, catchbasins, fire hydrants, utility poles, fire alarm supports, or other similar type structures.

4.18.3.4. Curb break permit. No curb break shall be established or altered without a permit issued by the land development regulation administrator, and in addition, for roads within the state highway system, the Florida Department of Transportation.

4.18.4. Accessory uses and structures.

Unless otherwise provided in these land development regulations, in all districts accessory uses and structures shall not be located in required front, side, or waterfront yards but may be located in rear yards not less than ten (10) feet from the rear lot line; provided, however, (1) that accessory structures for the housing of persons, such as guest houses, shall not be located in any required yard, nor shall air conditioner compressor units be located in any required yard; and (2) structures used for water related activities such as boat docks, boat houses, and similar uses may be located anywhere in a required waterfront yard.

No separate accessory building shall be located within five (5) feet of any building.

4.18.5. Alcoholic beverages.

Indications in the schedule of district regulations that the sale of alcoholic beverages is permitted in any zoning district shall not in any way be deemed to limit, qualify, or repeal any other existing local regulations or regulations of the State of Florida relating to the licensing, dispensing, or sale of such beverages or the location of alcoholic beverage establishments.

4.18.6. Automotive service stations.

The following regulations shall apply to the location, design, construction, operation, and maintenance of automotive service stations.

4.18.6.1. Lot dimensions and area. An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than one hundred fifty (150) feet of frontage on each street side, and an interior lot shall have a minimum width of at least one hundred fifty (150) feet. A corner lot shall have a minimum area of not less than twenty thousand (20,000) square feet and an interior lot a minimum area of not less than fifteen thousand (15,000) square feet.

4.18.6.2. Lighting. All lights and lighting for an automotive service station shall be so designed and arranged that no source of light shall be visible from any residential district.

4.18.6.3. Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within twenty-five (25) feet of the lot line of any property that is zoned for residential purposes. No gasoline pump shall be located within fifteen (15) feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within fifteen (15) feet of such setback line.

4.18.6.4. Curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number of curb breaks for each automotive service station shall not exceed two (2) for each one hundred fifty (150) feet of street frontage, each break having a width of no more than thirty (30) feet exclusive of transitions and located not closer than fifteen (15) feet of right-of-way lines of any intersection. Curb breaks shall not be closer than fifteen (15) feet to any other property line. There shall be a minimum distance of twenty (20) feet between curb breaks.

4.18.6.5. Trash storage. Adequate, enclosed trash storage facilities shall be provided on the site.

4.18.7. Drive-in theaters.

The following regulations apply to the construction and operation of drive-in theaters:

1.

The screen must be so oriented that the picture is not visible from any existing or proposed major street.

2.

Not more than two (2) exits shall be provided to each access highway but such exits may be suitably channelized to provide for right and left turns onto the highway, and not more than one (1) traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theater.

3.

No entrance or exit shall be within five hundred (500) feet of the intersection of the right-of-way lines of any public street.

4.

Sufficient area shall be provided between the highway and the viewing area to provide storage space for vehicles equal to not less than twenty-five (25) percent of theater capacity and of that storage space so provided not less than ten (10) percent of the theater capacity shall be provided between the highway and the ticket booths. In all cases, sufficient storage space shall be provided so that vehicles will not back onto the traveled way of the highway. Storage area shall be calculated on the basis of one (1) space per twenty-five (25) lineal feet of storage lane.

5.

An individual speaker shall be provided for each vehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theater property lines.

4.18.8. Erection of more than one principal structure on a platted lot.

Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding commercial buildings under common ownership or unified control) shall not be issued for any such structure on less than a lot as platted within such subdivided land.

4.18.9. Essential services.

Essential services are permissible by special exception in any zoning district. Essential services are hereby defined to include and be limited to water, sewer, gas, solid waste disposal, telephone, television, radio, and electrical systems, including sub-stations, lift stations, towers and antennae, and pumping, aeration, or treatment facilities necessary for the performance of these services; provided, however, that:

1.

Poles, wires, mains, hydrants, drains, pipes, conduits, telephone booths, school bus shelters, bicycle racks, bus stop benches, newspaper delivery boxes, mail boxes, police or fire call boxes, traffic signals, and other similar structures, but not including buildings, are exempted from the definition of essential services. Such structures are permitted by right in any zone district and are exempt from district setbacks.

2.

For the purposes of these land development regulations, gas and electrical generating plants and hazardous waste disposal sites shall not be considered to be essential services. These uses are barred from all zone districts except where they are specifically permitted or permissible.

3.

This section shall not be deemed to permit the erection of structures for (a) commercial activities such as sales or the collection of bills or (b) service establishments such as radio or television stations or studios in districts from which such activities would be otherwise barred.

Where permanent structures are involved in providing essential services, such structures shall conform insofar as possible to the character of the district in which the property is located, as to architecture and landscaping characteristics of adjoining properties.

The procedure in connection with the application and granting of special exceptions for essential services shall generally conform to that outlined in articles 12 and 13 of these land development regulations; provided, however, that the criteria for the granting of a special exception for essential services shall be limited to a showing of the need for such services in the requested location, that it is in the public interest that such special exception be granted, and in compliance with the other provisions heretofore set out in this section.

4.18.10. Exclusions from height limitations.

The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, elevator shaft enclosures, airport control towers, or other appurtenances usually required to be placed above the roof level and, excepting airport control towers, not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight-approach zone of airports.

4.18.11. Fallout shelters.

Fallout shelters are permitted in all zoning districts. Individual structures in residential districts shall be considered as accessory structures.

4.18.12. Fences, walls, and hedges.

Notwithstanding other provisions of these land development regulations, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard; provided that no solid fence, solid wall, or hedge located within the required front yard shall constitute an obstruction to visibility between two and one-half (2½) and six (6) feet above the centerline grade of the adjacent street.

4.18.13. Landscaped buffer areas.

The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between or among different uses of land in proximity to each other.

4.18.13.1. Requirements. Where these land development regulations require a landscaped buffer area, the following requirements shall be met:

1.

The landscaped buffer area width shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.

2.

The area shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between two (2) and six (6) feet above average ground level when viewed horizontally; provided, however, that plantings located in the required front yard shall not exceed two and one-half (2½) ft. in height.

3.

Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit. No building permit shall be issued without such data, where these land development regulations require a landscaped buffer area or areas.

4.

Plantings shall be of a size and type which will ensure the meeting of the eighty (80) percent opacity requirement within no longer than thirty (30) months of the date of first planting. Where questions may arise as to the suitability of proposed plant materials to meet this requirement, final determination of suitability shall be made by the land development regulation administrator.

5.

The remainder of the required landscaped buffer area not covered by planting shall be landscaped with grass, ground cover, or other landscape treatment; except as otherwise provided herein, structures including buildings and off-street parking and loading areas shall not be located in any required landscaped buffer area.

6.

The landscaped buffer area shall be maintained by the property owner and continued so long as the main use continues. Failure to maintain the landscaped buffer area as set out above shall be a violation of these land development regulations.

4.18.13.2. Substitution for landscaped buffer area. Except when otherwise specifically provided by these land development regulations, a six (6) foot high masonry or wood opaque structure may be substituted for the six (6) foot high, planted buffer within these supplementary regulations; provided, however, that where the masonry or wood opaque structure is located in the required front yard, it shall not exceed two and one-half (2½) feet in height.

4.18.13.3. Waiver by land development regulation administrator. When the land development regulation administrator finds that the public safety requires, he or she may waive or modify the buffer requirements set out in section 4.18 at street and alley frontages adjacent to any entrance; the finding of the land development regulation administrator shall be in writing and shall be filed with the approved building permit. The finding shall demonstrate that the buffer is not required for a certain number of feet back from the street or alley entrance in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by these land development regulations.

4.18.13.4. Waiver by board of adjustment. Where by the terms of these land development regulations a nonresidential use is required to provide a landscaped buffer along a property line which is contiguous to another nonresidential use, the board of adjustment may waive the landscaped buffer requirements if evidence is presented to the board that the buffer will serve no useful purpose. Such evidence shall be heard in the same manner as a request for other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

4.18.13.5. Application where these land development regulations set out different requirements. In those instances where these land development regulations set out a different buffering requirement (e.g., greater height of landscaped buffer, or a different type of buffer), then the specific provisions of these land development regulations applicable to the particular type of use shall govern.

4.18.14. Minimum living area.

No one (1) family, two (2) family, or multiple-family dwelling, shall be erected with less than four hundred and fifty (450) square feet of floor area devoted to living space per dwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. The board of adjustment may waive the minimum living area requirements if evidence is presented to the board of adjustment that such a waiver will not adversely affect the public interest or the character of the surrounding neighborhood. Such evidence shall be heard in the same manner as other variances, and adjoining property owners must be notified in writing of the board of adjustment meeting when the request will be heard.

4.18.15. Mobile home—Replacement of existing mobile homes.

For the purposes of these land development regulations, the phrase existing mobile homes shall mean mobile homes which existed as of the effective date of adoption or amendment of these land development regulations. In those districts which do not permit the erection of new mobile homes but do permit existing mobile homes as a principal use, such existing mobile homes may be removed and replaced by another mobile home, provided:

1.

That a period of not greater than six (6) consecutive months elapses between the removal of one (1) mobile home and the erection of another mobile home; and

2.

Where a mobile home is removed and is not replaced for a period greater than six (6) consecutive months for any reason (except where governmental action impedes access to the premises), such mobile home shall not be replaced and any subsequent use shall conform to the regulations for the district in which the use is located.

4.18.16. Moving of buildings and structures.

No building or structure shall be moved from one (1) lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of these land development regulations and to all other regulations and ordinances of the county.

4.18.17. Off-street parking and loading.

It is the intent of these land development regulations that the public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be provided with adequate off-street parking facilities (including in certain specified cases, off-street parking facilities for the handicapped) for the use of occupants, employees, visitors, customers, or patrons. It is also the intent of these land development regulations that the public interest, welfare, and safety require that certain uses provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the main use continues. (For definitions of "loading space, off-street," "parking space, handicapped," and "parking space, off-street," see Definitions, sections 2.1.114, 2.1.148 and 2.1.149).

4.18.17.1. Off-street parking and off-street loading: general.

1.

Off-street parking and loading facilities shall be provided as set out in these land development regulations. Conforming buildings and uses existing as of the effective date of these land development regulations may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity.

2.

Where a conforming building or use existed as of the effective date of these land development regulations and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as specified in these land development regulations shall be provided for the additional floor area, volume, capacity, or space so created or used.

3.

Change in use of a building or use existing as of the effective date of these land development regulations shall require additional off-street parking and off-street loading facilities to the extent that the use shall provide additional parking spaces amounting to the difference between the required number of parking spaces for the new use and the required number of parking spaces for the previous use.

4.

The design, construction, and arrangement regulations herein set out for off-street parking and off-street loading facilities do not apply to one- and two-family (duplex) dwellings.

5.

Required off-street parking areas shall not be used for sales or display, dead storage, repair, dismantling, or servicing of any type or kind, nor shall areas devoted to such activities count as meeting off-street parking requirements.

6.

Unless otherwise specified and subject to meeting required landscaped buffer requirements, all required yards may be used for off-street parking.

4.18.17.2 Offstreet parking and offstreet loading facilities: identification, surfacing, drainage, lighting, access.

The required offstreet parking and offstreet loading facilities shall be:

1.

Identified as to purpose and location when not clearly evident.

2.

Surfaced with one (1) inch of type II asphaltic concrete surface course or the equivalent as approved as meeting standards established by the board of county commissioners and maintained in a smooth, well-graded condition (driveways, access aisles, and parking spaces for public and private schools offering academic courses, and churches may be surfaced with grass or lawn).

3.

Drained so as not to cause any nuisance on adjacent property.

4.

So lighted as to prevent glare or excessive light on adjacent property.

5.

Arranged for convenient access and safety of pedestrians and vehicles.

6.

Designed to conform to curb break requirements (see section 4.18.3).

7.

So arranged that no vehicle shall be required to back from such facilities directly onto public streets.

8.

Designed to provide curbs or motor vehicle stops or similar devices so as to prevent vehicles from overhanging on or into public right-of-way or adjacent property.

4.18.17.3. Off-street parking: location. The required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve, provided, however, that the board of adjustment may allow the establishment of such off-street parking facilities within three hundred (300) feet of the premises they are intended to serve when (1) practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve; (2) the owner of the said parking area shall enter into a written agreement with the board of county commissioners with enforcement running to the board of county commissioners providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and (3) the owner agrees to bear the expense of recording the agreement and agrees that the agreement shall be voided by the board of county commissioners if other off-street facilities are provided in accord with these land development regulations.

4.18.17.4. Off-street parking: dimensional standards. Each off-street parking space, with the exception of handicapped parking spaces, shall be a minimum of ten (10) feet by twenty (20) feet in size. Minimum aisle width shall be as follows:

Aisle width
Angle of parking One-way Two-way
Parallel 12 ft. 20 ft.
30° 12 ft. 22 ft.
45° 12 ft. 22 ft.
60° 18 ft. 24 ft.
90° 22 ft. 24 ft.

 

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at three hundred (300) square feet, but off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the board of county commissioners.

4.18.17.5. Off-street parking: handicapped parking spaces. Except as otherwise specified herein, required off-street parking areas shall have a number of level parking spaces, as set forth in the following table, identified by above-grade signs as being reserved for physically handicapped persons. Each parking space so reserved shall be not less than twelve (12) feet in width and twenty (20) feet in length.

Parking Spaces for Handicapped
Total Spaces
in Lot
Number of
Required Spaces
up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total
over 1,000 20 plus 1 for each 100 over 1,000

 

Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways, and entrances. These parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways, and elevators. (See section 4.18.2 for additional provisions regarding accessibility for physically handicapped persons.)

4.18.17.6. Off-street parking: plans required. A plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

4.18.17.7. Off-street parking: combined off-street parking. Two (2) or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately. Any arrangement for combined off-street parking shall be subject to the filing of a legal instrument satisfactory to the attorney for the board of county commissioners insuring that such off-street parking will be maintained in the future so long as a use or uses requiring such off-street parking continue.

No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the board of adjustment shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.

4.18.17.8. Off-street parking: fractional measurements. When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, then such fraction equal or greater than one-half (½) shall require a full off-street parking space.

4.18.17.9. Off-street parking: minimum requirement. Irrespective of any other requirement of these land development regulations, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision to the contrary is made herein.

4.18.17.10 Offstreet parking: landscaping requirements.

Wherever in any zoning district offstreet parking facilities are provided, such offstreet parking facilities shall conform to the minimum landscaping requirements set forth in this section, except that one (1) family and two (2) family (duplex) residential dwellings, multi-level parking structures, and churches shall be exempt from such requirements.

1.

Except as otherwise noted herein, a minimum of ten (10) percent of any offstreet parking area shall be landscaped with grass, plants, shrubs, and/or trees. Required landscaping may, in part, be located around the periphery of the offstreet parking area; however, where possible a portion of the required landscaping shall also be located within the interior of the offstreet parking area and shall be located in such a manner as to divide and break up the expanse of paving and guide traffic flow and direction.

2.

Each separate landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension of at least three (3) feet, and shall include at least one (1) tree, with the remaining area adequately landscaped with shrubs, ground cover, or other landscaping material.

3.

The total number of trees shall not be less than one (1) for each two hundred (200) square feet or fraction thereof of required landscaping. Trees shall be a minimum of four (4) feet overall height immediately after planting. Trees shall not be planted closer than six (6) feet to any public street or other public works, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with #6 road mesh (6 x 6 x 6) or equivalent.

4.

Required landscaped areas shall be maintained by the property owner and continued so long as the main use continues. Failure to maintain required landscaped area shall be a violation of these land development regulations.

5.

See also section 4.18.3, visibility at intersections and curb breaks.

4.18.17.11. Off-street loading: specifications, amounts. Off-street loading facilities are required by these land development regulations so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys by pedestrians and so that goods, materials, or things for delivery and shipping. Off-street loading facilities supplied to meet the needs of one (1) use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used or counted as meeting off-street loading requirements.

When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size.

Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

4.18.17.12. Off-street loading: dimensional standards. Each off-street loading space shall have clear horizontal dimensions of twelve (12) feet by thirty (30) feet exclusive of platforms and piers and a clear vertical dimension of fourteen (14) feet.

4.18.17.13. Off-street loading: plans required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions, and clearance.

4.18.17.14. Off-street loading: combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two (2) or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby.

Any arrangement for combined off-street loading shall be subject to the filing of a legal instrument satisfactory to the attorney for the board of county commissioners ensuring that such off-street loading will be maintained in the future so long as a use or uses requiring such off-street loading continue.

4.18.17.15. Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows:

1.

Each retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use which has an aggregate floor area of:

Square Feet No. of Spaces
Over 5,000 but not over 25,000 1
25,000 to 60,000 2
60,000 to 120,000 3
120,000 to 200,000 4
200,000 to 290,000 5

 

Plus one (1) additional off-street loading space for each additional ninety thousand (90,000) sq. ft. over two hundred ninety thousand (290,000) sq. ft. or major fraction thereof.

2.

For each multiple dwelling unit having at least twenty (20) dwelling units but not over fifty (50) dwelling units: two (2) spaces.

3.

For each multiple dwelling unit having over fifty (50) dwelling units: two (2) spaces, plus two (2) spaces for each additional fifty (50) dwelling units, or major fraction thereof.

4.

For each auditorium, convention hall, exhibition hall, museum, motel, hotel, bank or financial institution, office building, sports arena, stadium, hospital, or similar use which has an aggregate floor area of: over ten thousand (10,000) square feet but not over forty thousand (40,000) square feet: one (1) space; plus for each additional sixty thousand (60,000) square feet over forty thousand (40,000) square feet or major fraction thereof: one (1) space.

5.

For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

State Law reference— Provisions for vehicle parking required, F.S. § 163.3202(1)(h).

4.18.18. Parking, storage, or use of major recreational equipment.

Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential district, or in any other location not approved for such use. In residential districts, major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard; provided however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading.

4.18.19. Parking and storage of certain vehicles.

In residential districts, automotive vehicles or trailers of any type without current license plates shall not be parked or stored other than in completely enclosed buildings.

4.18.20. Performance standards.

All uses and activities permitted in any district within these land development regulations shall conform to the standards of performance described below:

4.18.20.1. Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

4.18.20.2. Smoke, dust, dirt, visible emissions, and open burning. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in F.A.C. title 62, as amended. Regulations controlling open burning shall be the same as those contained in F.A.C. ch. 62-256, as amended.

4.18.20.3. Fumes, vapors, and gases. Regulations controlling the emission of any fumes, vapors, or gases of a noxious, toxic, or corrosive nature shall be the same as those contained in F.A.C. title 62, as amended.

4.18.20.4. Heat, cold, dampness, or movement of air. Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted, with the exception that in the I-Industrial district, this standard shall be applied at the boundaries of the I-Industrial district and not at the lot lines of the individual properties located within the I-Industrial district.

4.18.20.5. Noise. The permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall not at any time exceed the average noise level prevailing for the same hour, as generated by street and traffic activity, with the exception that in the I-Industrial district, this standard shall be applied at the boundaries of the I district and not at the lot lines of the individual properties located within the I district. The determination of noise level shall be measured with a sound level meter that conforms to specifications published by the American Standards Association.

4.18.20.6. Odor. Regulations controlling the emission of objectionable odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in F.A.C. title 62, as amended.

4.18.20.7. Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

4.18.21. Railroad right-of-way.

Existing railroad right-of-way, but not including switching, freight, or storage yards and railroad buildings or maintenance structures, is a permitted use in all zone districts. Switching, freight, or storage yards and railroad buildings or maintenance structures are permitted only where expressly allowed by these land development regulations.

4.18.22. Signs.

The provisions of these land development regulations shall govern the sizes, location, and character of signs which may be permitted as a principal or accessory use. No signs shall be permitted in any location except in conformity with these land development regulations.

4.18.22.1. Intent. Signs may unreasonably distract the attention of motorists and interfere with traffic safety. Indiscriminate erection and maintenance of signs seriously detract from the enjoyment and pleasure in the natural scenic beauty of the areas subject to these land development regulations and, in turn, injuriously affects the economic well being of the citizenry. Thus, it is the intent of these regulations to prevent the uncontrolled erection of signs. The provisions of this section are intended to provide for the regulation of types, sizes, and locations of signs in relation to the identification of various uses and activities on premises, to provide for certain types and locations of off-site signs, and to supplement the regulations set out in the schedule of district regulations.

4.18.22.2. Applicability of other code or regulatory requirements. Signs or other advertising structures shall be constructed and maintained in accordance with the building and electrical codes of the county, and all other applicable ordinances and regulations of the county, as well as other, state and federal rules and regulations.

4.18.22.3. Definitions. Definitions for the purposes of sign regulation under these land development regulations are set out in the definitions section of these land development regulations under sign, etc., section 2.1.

4.18.22.4. Prohibited signs.

It shall be a violation of these land development regulations punishable as provided by these land development regulations, to erect or maintain:

1.

Traffic or pedestrian hazard. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of moving vehicles from the traffic movement on streets, roads, or access facilities; nor shall any sign be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing or revolving red, green, blue, or amber lights is prohibited in any sign as constituting a hazard to traffic. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign may use the words "Stop," "Look," "Drive-in," "Danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

2.

Obscenities. Signs which are obscene, indecent, or immoral.

3.

Rights-of-way. Signs erected on the right-of-way of any street, road, or public way, except as specifically provided by these land development regulations.

4.

Public property. Signs erected on public property, other than signs erected by a public authority for public purposes, unless otherwise authorized by these land development regulations.

5.

Ingress or egress to buildings. Signs so located as to prevent free ingress or egress from any door, window, or fire escape.

6.

Yard areas. Signs in required yard areas except as specifically permitted by the terms of these land development regulations.

7.

Roof signs. Signs erected, constructed, and maintained wholly upon or over the roof structure.

8.

Height. Signs which are higher than eighteen (18) feet from established grade.

9.

Glare. Illuminated signs which result in glare or reflection of light on residential property in the surrounding area.

10.

Minimum clearance. Canopy, marquee, projecting, or handing signs with less than a nine (9) ft. minimum clearance between the bottom of the sign and the ground surface.

4.18.22.5. Sign permits. Within areas subject to these land development regulations, it shall be unlawful for any person to erect, maintain, or replace any sign not specifically exempted by these land development regulations, without first securing from the land development regulation administrator a building permit to do so.

4.18.22.6. Exemptions. Except as otherwise provided, the following signs may be erected without a permit, subject, however, to all remaining requirements of these land development regulations. All exempt signs may be located within the required front yard, but shall not be located within twenty (20) ft. of any adjacent property line. Signs under [paragraph] (3) below may be located on or may overhang or infringe upon the right-of-way of streets, roads, or public ways.

1.

Signs not exceeding one (1) sq. ft. in area and bearing only property numbers, mail box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

2.

Flags and insignia of any government except when displayed in connection with commercial promotion.

3.

Traffic or other municipal, county, state, or federal signs, legal notices, railroad crossing signs, danger signs, and such temporary, emergency, or non-advertising signs as may be approved by the board of county commissioners.

4.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.

5.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

6.

Signs within buildings.

7.

One (1) "For Sale" or "For Rent" sign per parcel of property, unless such property fronts on more than one (1) street, in which case two (2) signs may be erected, one (1) on each frontage. The size of any such sign shall not be in excess of eight (8) sq. ft., and such sign shall be removed within one (1) month after the premises have been sold or rented.

8.

Occupational signs denoting only the name, street number, and business of an occupant, which do not exceed two (2) sq. ft. in surface area.

4.18.22.7. On-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern on-site signs (see section 2.1 for definition of on-site signs):

1.

On-site signs may be erected in any zone district.

2.

On-site signs may be located in the required front yard; provided, however that any such sign shall not obstruct visibility at intersections and curb breaks. (See section 4.18.26.)

3.

On-site signs shall not exceed a height above established grade of eighteen (18) feet.

4.18.22.8. Off-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern off-site signs (see section 2.1 for definition of off-site signs):

1.

Off-site signs are prohibited, except where specifically permitted by these land development regulations.

2.

Off-site signs may be erected in the required front yard, provided:

a.

Off-site signs shall be no nearer the street right-of-way line than fifteen (15) feet.

b.

No off-site sign shall be erected so as to obstruct visibility at intersections and curb breaks. (See section 4.18.26.)

3.

Off-site signs may not be erected within one hundred (100) feet of any church, school, cemetery, public park, public reservation, public playground, state or national forest, or railroad intersection.

4.

Off-site signs shall not exceed a height above established grade of eighteen (18) feet.

State Law reference— Provisions to regulate signage required, F.S. § 163.3202(1)(f).

4.18.23. Transitional use area requirements.

It is the intent of these requirements to ease the frictions between residential and nonresidential uses by creating a transition zone in which certain intensive nonresidential uses are prohibited.

Where a commercial or industrial district adjoins a residential district, along the same frontage and without an intervening street, the following uses shall not be located within one hundred (100) feet of the residential district:

1.

Drive-in restaurants or refreshment stands.

2.

Bars, taverns, and cocktail lounges.

3.

Car washes.

4.

Outdoor storage yards, wrecking yards, automobile wrecking yards, junkyards, 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 building materials, junk automotive vehicles, or secondhand automotive parts.

5.

Bulk storage of flammable liquids or explosives.

4.18.24. Travel trailer parks and campgrounds.

The following regulations apply to the construction and operation of travel trailer parks and campgrounds.

1.

Sites in travel trailer parks and campgrounds shall be occupied primarily by travel trailers, pickup coaches, tents, camping trailers, and other vehicular accommodations.

2.

Each site in a travel trailer park or campground shall be at least twelve hundred (1,200) sq. ft. in area. No part of a travel trailer or other unit placed on a travel trailer or campground site shall be closer than twenty-five (25) feet to any lot line.

4.18.25. Use of land in a residential district for access.

No land in a residential or residential/office district shall be used for driveway, walkway, or access purposes to any land which is in a commercial or industrial district, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

4.18.26. Visibility at intersections and curb breaks.

4.18.26.1. Visibility at intersections. On a corner lot in all zoning districts, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of two and one-half (2½) feet and six (6) feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines twenty-five (25) feet from the point of intersection.

4.18.26.2. Visibility at curb breaks. In all zone districts, where a curb break intersects a public right-of-way, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct cross-visibility between a height of two and one-half (2½) and six (6) ft. within the areas of property on both sides of the curb break formed by the intersection of each side of the curb break and public right-of-way lines with two (2) sides of each triangle being ten (10) ft. in length from the point of intersection and the third being a line connecting the end of the two (2) other sides.

4.18.26.3. Retaining walls. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

4.18.26.4. Trees. Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed heights.

4.18.27. Waterfront yards, minimum requirement.

No structure shall be located closer than fifty (50) feet to the mean high-water line. (See section 4.18.4 for exceptions for certain accessory structures.)

4.18.28. Yard encroachments.

Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in these land development regulations:

1.

Sills and belt courses may project not over twelve (12) inches into a required yard.

2.

Movable awnings may project not over three (3) feet into a required yard; provided [however] that where the yard is less than five (5) feet in width the projection shall not exceed one-half (½) the width of the yard.

3.

Chimneys, fireplaces, bay windows, or pilasters may project not over two (2) feet into a required yard.

4.

Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear yard, or not over three (3) feet into a required side yard of a multiple dwelling, hotel, or motel.

5.

Hoods, canopies, roof overhangs, or marquees may project not over three (3) feet into a required yard, but shall not come closer than one (1) foot to the lot line.

6.

Fences, walls, and hedges are permitted in required yards, subject to the provisions of this section.

7.

Cornices, eaves, or gutters may project not over three (3) feet into a required yard, provided that where the required yard is less than six (6) feet in width, such projection shall not exceed one-half (½) of the width of the yard.

8.

Except as provided herein, nothing in these land development regulations shall be so construed as to prohibit any type of landscaping or private, nonprofit, gardening on any lot.

4.18.29. Airport land use restrictions.

1.

Use restrictions. Notwithstanding any other provisions of these land development regulations, no use may be made of land or water adjacent to any airport which will interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use:

a.

All lights or illumination used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in vicinity thereof.

b.

No operations from any land use type shall produce smoke, glare, or other visual hazards within three (3) statute miles of any usable runway of the airport.

c.

No operations from any land use type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

d.

Use of land for residential uses, schools, hospitals, storage of explosive material, assemblage of large groups of people, or any other use that could produce a major catastrophe as a result of an aircraft crash shall be prohibited within five thousand (5,000) feet of the approach or departure end of a runway.

e.

No structure exceeding one hundred fifty (150) feet in height above the established airport elevation shall be permitted within five thousand (5,000) feet of the approach or departure end of a runway.

4.18.30. Special right-of-way requirements.

4.18.30.1. For all new arterial and collector roadways, extra right-of-way as provided within the Florida Department of Transportation Bicycle Facilities Planning and Design Manual, Official Standards, Revised Edition, 1982, shall be provided for integrated or parallel bicycle ways or lanes.

4.18.30.2. All new structures shall provide a minimum setback of one hundred fifty (150) feet as measured from the centerline of the right-of-way for new or realigned arterial roads.

4.18.31 Marina. A marina, as defined in section 2.1 may be permitted in any use district (excepting the conservation zoning district) providing, however, that such use shall be subject to site plan and development approval as provided for in section 14.11 or approval as a planned residential development as provided for in section 4.17 of these land development regulations and the following conditions and restrictions:

1.

That any marina containing one hundred (100) or more slips and/or berths shall be designated as a development of regional impact and as such shall require approval as provided for under F.S. ch. 380, as amended.

2.

The following structures will be permitted on the premises as an auxiliary or accessory use:

a.

A structure to be designated as a "control center" containing not more than three thousand (3,000) minimum square foot floor area with one thousand (1,000) square feet to be restricted for storage only with a height not exceeding two and one-half (2½) stories. The side control and security for the marina space for security personnel, management staff, storage, toilet facilities, power service entrance and distribution, on site sanitary waste collection point for discharge to a sanitary sewer system and solid waste collection center for the marina site.

b.

A structure to be designated as a "dockmaster's building" containing not more than two thousand (2,000) minimum square foot floor area with a height not exceeding two and one-half (2½) stories. The dockmaster's building shall be used to provide waterside control for the marina, as well as the center of operations for the boats moored in the marina, radio communications to serve the marina as well as the control center, space for the dockmaster and his or her staff, storage, and toilet facilities.

3.

The following principal uses shall be permitted in connection with the operation of a marina:

a.

Marina and marina development.

b.

Conventional single family residential dwellings and mobile homes.

c.

Duplex residential dwelling units (where allowable density permits).

d.

Multi-family residential dwelling units (where allowable density permits).

4.

The following accessory uses shall be permitted in connection with the operation of a marina:

a.

Clubhouse.

b.

Swimming pools.

b.

Storage of dispensing and of fuels.

c.

Laundry facilities.

d.

Facilities for the dispensing of food and alcoholic beverages.

e.

Launching ramps and/or launching facilities.

f.

Parking and/or storage of boat trailers.

g.

Mooring of commercial vessels.

h.

Repair or overhauling of boats.

i.

Rental or lease of boats.

j.

Dry storage or stacking of boats.

k.

Bait and tackle shop.

l.

Retail sales facilities.

m.

Sightseeing crafts.

n.

Commercial fishing vessels.

o.

Charter boats.

p.

Yacht brokers.

q.

Marine insurance broker.

r.

Under no circumstances shall any boat, vessel, watercraft or by whatever name known be used as living or sleeping quarters.

s.

Restaurants.

5.

Bulkheads and retaining walls shall be provided in accordance with the provisions of these land development regulations and all other applicable codes, ordinances and regulations.

6.

Off-street parking shall be provided at the rate of one (1) parking space for each slip or berth plus one (1) parking space for each three hundred (300) square feet of gross floor area of any buildings located on the premises. Restaurants: one (1) space for each three (3) seats in public rooms.

7.

The marina shall be supplied with a potable water supply system and such water supply shall be protected by properly designed and located backflow preventers including the installation of a vacuum breaker on the discharge side and near the last valve for each water outlet to which a hose can be connected Hoses used for potable water shall be blue or green or labeled and designated by use of a blue or green color code. The nozzle or outlet of the hose shall be protected from contamination, and hoses used for placing water in a sewage holding tank for flushing purposes shall be separate from hoses used for potable water and shall be red, yellow, or brown.

8.

The marina shall provide a facility capable of lifting sewage not less than twelve (12) feet under vacuum and delivering it to a receiving facility free from spillage and clogging. Equipment used in connection with the pump-out facility shall be designed to be easily serviced in case of clogging.

Vacuum hoses used in connection with a pump-out facility shall be pliable, collapse-proof, non-kinking, and equipped with a connection or insert device which will preclude leakage or spillage during the pump-out operation. Sewage removed from a watercraft holding tank shall be handled in one (1) of the following ways:

a.

Discharged into a sanitary sewer by means of a gravity line or a force main.

b.

Stored in an on-shore or dockside holding tank, which is watertight and so positioned, or moveable to such a site, that it can be easily serviced in a sanitary manner.

9.

The discharge of raw sewage from any boat or watercraft located within the marina shall be prohibited.

10.

The marina shall provide for the accumulation and removal of garbage and trash.

11.

The setbacks for the marina shall be established in accordance with these land development regulations or as provided and approved as part of a planned residential development master plan.

12.

The marina shall comply with the provisions for fire prevention as set forth under the Southern Standard Building Codes, as amended, the National Fire Prevention Association Publication No. 303-1975 entitled, "Fire Protection Standards for Marinas and Boatyards", as amended, and the National Fire Prevention Association Publication No. 87-1975 entitled, "Standards for the Construction and Protection of Piers and Wharves," as amended.

13.

Not less than twenty (20) percent of the marina site shall be devoted to landscaped open space. Such area shall be landscaped with trees, shrubbery, hedges and other acceptable landscape material and such landscape material and such landscape area shall be maintained in a neat and orderly appearance.

14.

All parking areas shall be provided with a maintained minimum of one-third (⅓) foot-candle of light on the parking surface during the hours of operation and one-half (½) hour after closing.

Any other outdoor lighting for the marina shall not be permitted except under the following conditions:

a.

Detailed plans shall be submitted to the land development regulation administrator showing the location, height, type of lights, intensity, shades, deflectors, and beam directions.

b.

As part of the site and development plan approval process, the planning and zoning board may permit such lighting if, after a review of the detailed plans therefore and after consideration of the adjacent area and neighborhood and its use and future development, the proposed lighting will be so located, oriented, adjusted, and shielded that the lighting will be deflected, shaded and focused away from such adjacent property and will not be or become a nuisance to such adjacent property and providing, however, that in no case shall any light be mounted higher than twenty (20) feet above the finished grade of the ground.

15.

The waste water resulting from the periodic washing of impervious surfaces shall be channeled to natural filter or swale areas prior to soil infiltration.

4.18.32. Raising of livestock prohibited on certain lots.

Notwithstanding the provisions of sections 2.3.2 and 2.3.5, after December 31, 1992, the keeping or raising of livestock shall not be permitted on a lot which is less than five (5) acres within environmentally sensitive area districts; two (2) acres within agriculture districts; and one (1) acre within rural residential districts.

4.18.33. Coastal resource protection provisions.

For all areas which are classified as coastal wetlands by the United States Army Corps of Engineers, the Florida Department of Environmental Protection or the Suwannee River Water Management District, the following shall be required in addition to all other applicable requirements within these land development regulations:

1.

No development, including residential development, shall be permitted within a coastal wetland area unless project alternatives that would avoid wetland impacts are unavailable and mitigation is provided by the applicant to offset adverse impacts. For purposes of this section, sufficient mitigation is as required F.A.C. chs. 62-312.300—62.312.390. It is intended that all standards in these citations are to apply to all new development and redevelopment;

2.

Bulkheads and seawalls shall be permitted (see section 14.6) only to stabilized disturbed shorelines or to replace deteriorated existing bulkheads and seawalls. Rip-rap shall be placed at the toe of all replaced bulkheads and seawalls;

3.

No drain fields for septic tanks shall be permitted in coastal wetlands areas; and

4.

For any development requiring a site and development plan review (see section 14.12) the upland edge of any coastal wetland area shall be identified on the site and development plan. No site and development plan shall be approved for a development within or adjacent to a coastal wetland area which may impact the coastal wetland area.

4.18.34. Provisions for piers, docks and walkways within the coastal management area.

For areas within the coastal management area designated within the comprehensive plan the following regulations for the construction of piers, docks and walkways shall be followed:

1.

Elevated piers, docks and walkways shall not exceed four (4) feet in width;

2.

Within seagrass and coastal wetland areas, all piers, docks and walkways shall be constructed on pilings; and

3.

No pier, dock or walkway shall be located on submerged land which is vegetated with seagrasses except as is necessary to reach water at the depth of one (1) foot below the lowest point in a boat including the motor for docking facilities. The docking terminus shall not be located over a seagrass bed.

4.18.35. Prohibition of certain land uses adjacent to surface waters.

Structures which contain intensive commercial and industrial uses shall be prohibited from locating closer than seventy-five (75) feet to the mean high-water line of any surface water body.

4.18.36. Additional provisions concerning shoreline land uses.

The planning and zoning board, board of adjustment or board of county commissioners, as specified within these land development regulations, shall maintain the following criteria to provide guidance for the determination of shoreline land uses to be permitted within the coastal management area as designated within the comprehensive plan. Prior to approving re-zonings of land, special exceptions and site and development plans, the following priorities for the location of water dependent uses along the shoreline shall be followed:

1.

Commercial fishing operations shall have first priority;

2.

Public use marinas shall have second priority;

3.

Other public-oriented recreation facilities shall have third priority;

4.

Water-related uses shall have fourth priority;

5.

Water-dependent industries or utilities shall have fifth priority; and

6.

All other permitted uses shall have sixth priority.

If the entire site consists of a combination of such uses, the development shall include uses in the first priority before any of the lower priority uses shall be included.

4.18.37. Requirements for wildlife survey to be conducted in certain districts.

A wildlife survey for species, which are endangered, threatened, or species of special concern and rare or unique vegetative communities which are protected by the United States Government or the State of Florida shall be conducted for all proposed subdivisions of twenty-five (25) or more lots and multifamily, commercial and industrial developments of fifty (50) acres or more within Environmentally Sensitive Area-1 and 2 districts, and Agriculture-1 and 2 districts, using the following methodology and criteria:

1.

A valid collector's permit as required by F.A.C. ch. 68A-9.002 for individuals engaged in the handling and collection of birds, mammals and all listed species therein. Provide the permit number, expiration date and names of the individuals involved with sampling activities which require a permit.

2.

Based on casual observations, sampling and survey results, list all evidence of endangered, threatened, and species of special concern that have been observed on the site. The status of a species can be determined by reviewing either F.A.C. subtitle 68A or the most recent edition of Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida.

3.

Discuss with sampling methodologies where employed as well as any variations from the methodologies described below. This discussion should also include sampling dates and times, weather conditions, and any other factors that may have influenced the results of the sampling effort.

4.

Identify on a map (minimum scale 1"=400') the location of all pedestrian transects, trap grids, herp arrays, or other sampling plots used to determine the on-site status of listed species.

5.

Present the results of all sampling efforts in terms of the number of individuals recorded and map the locations of all observed individuals and/or colonies.

6.

For each listed species observed on the site, discuss what habitat factors influence or contribute to the occurrence of the species on the site. Relevant survey and sampling information should be used to discuss the perceived home range, distribution and population of each species. Indicate also whether use of the site is considered to be year-round permanent, year-round transitory, or migratory.

7.

For each species known to utilize the site, discuss what measures will be employed to minimize the proposed project's impact on both the individual and its habitat. If on-site protection is judged to be inappropriate or unfeasible, discuss in detail any provision for off-site mitigation.

4.18.38. Standards for location of used mobile homes.

Before a used mobile home may be located within the county, a licensed contractor or licensed mobile home dealer must certify that the mobile home meets the definition of mobile home as stated within these land development regulations and more specifically the standards a through d as provided in section 2.1.59 of these land development regulations. Before a mobile home is located within the county, or may be transferred from one parcel to another, a licensed contractor or a licensed mobile home dealer or the county building inspector must certify the mobile home meets the definition of mobile home as stated within these land development regulations and more specifically the standards a through d as provided in section 2.1.59 of these land development regulations. In addition, the following standards shall be required to be met prior to the issuance of a county mobile home permit for any mobile homes to be located or relocated in the unincorporated area of the county. The determination of whether the mobile home meets or exceeds the following standards shall be made by the county building official or his/her designee upon a site visit to inspect the mobile home prior to its occupation:

1.

Fire safety. All mobile homes manufactured since January 1968 shall have an approved smoke detector(s) properly located outside of each sleeping area of the mobile home. Smoke detectors shall be installed to the product manufacturer's installation instructions.

2.

Electrical.

a.

Every unit shall have a complete electrical system;

b.

Distribution panel boards shall be properly installed, complete with required breakers/fuses, with all unused openings properly covered. All connections are to be checked for tightness, and all panels shall be accessible. Distribution panel board may be located in a closet provided there is at least six (6) inches of space between the panel board and any easily ignitable materials;

c.

All electrical fixtures shall be properly installed, wired and supported. Aluminum conductors shall be connected to approved listed devices; and

d.

All grounding conductors shall be secured to the proper locations and/or connector on the fixture or device.

3.

Plumbing.

a.

All plumbing fixtures shall be protected with approved and workable traps;

b.

Plumbing fixtures shall be properly vented and fixtures shall be in workable condition;

c.

Relief valves on water heaters shall have sufficient room to operate and shall have unthreaded three-quarter (¾) inch drain pipe extended beneath the mobile home;

d.

Drainage piping shall be complete and piping shall be supported properly and not constitute a hazard; and

e.

Water piping shall not be bent, kinked, etc., to retard flow of the water supply. Each fixture shall be connected to water piping.

4.

Heating and air conditioning.

a.

All required cooking/heating appliances shall be properly anchored and connected in place;

b.

If the home has deleted heating system, drop-outs must be installed for connecting exterior system;

c.

All homes with central heating/cooling shall have operable thermostat;

d.

Air registers shall be operable;

e.

Ducts shall be sealed at openings and shall not be crushed or missing;

f.

Gas furnace/water heating vents shall be properly installed and secured to appliance;

g.

There shall be proper return air to furnace, exterior heat/AC units, and all rooms;

h.

Range/bathroom ceiling vents shall be complete and vented to outside; and

i.

All gas appliances shall be connected with an approved shut-off valve, if [the] home was manufactured after May of 1975.

5.

Construction.

a.

Exterior exit doors, including sliding glass, shall be in good working order;

b.

Exterior doors shall have operable locks;

c.

All mobile homes shall have operable egress windows or an exterior egress door located in each sleeping room with an opening of twenty-two (22) inches in its shortest measurement;

d.

All windows and operators shall be operable and missing glass shall be replaced (if required);

e.

Screens shall be required on each window capable of being opened;

f.

All holes/damaged floor, broken decking or floor joists shall be corrected;

g.

Missing interior paneling shall be replaced and bowed or loose paneling shall be secured;

h.

Bottom board shall be made rodent-proof throughout and securely sealed and missing insulation from exposed areas shall be replaced;

i.

Leaks. When visible structural damage caused by water leaks are apparent, repairs and corrections are to be completed to ensure leaks have been corrected; and

j.

All over-the-roof tie-down straps shall be free of damage.

Frame ties and blocking on all used single- and double-wide homes shall be as required in the amended Rules of the Division of Motor Vehicles, F.A.C. ch. 15C-1.10, if the manufacturer's setup requirements are not available, splices of strap shall overlap at least twelve (12) inches and be secured with two (2) seals; all tie points shall be used; and the roof and every exterior wall shall be free of holes, breaks or any other conditions which might admit rain to the interior portions of the walls or to the occupied spaces of the building. All roofing and siding material shall be kept in good condition.

4.18.39 Solar farms. The following provisions are intended to facilitate the commercial generation and distribution of solar power and the use of on-site solar energy systems to meet the energy demands of buildings and support facilities in the county. All solar equipment and devices shall comply with state statutes and shall be certified by the Florida Solar Energy Center for solar energy systems manufactured or sold in Florida or certified by the National Electric Safety Code Standards for solar energy systems manufactured or sold outside Florida. Nothing in these regulations shall be deemed to be in conflict with F.S. § 163.04, as amended.

4.18.39.1 Solar farms shall meet the following supplemental requirements:

1.

Solar farms shall be considered a use permitted by special exception within the "ESA" environmentally sensitive area, "A" agricultural, "RR" rural residential, "RSF" residential (conventional) single family, "RSF/MH" residential, (mixed) single family/mobile home, "RMH" residential, mobile home, "ILW" industrial, light warehousing and "I" industrial zoning districts and subject to the review process as outlined in section 12.2 entitled special exceptions.

2.

Physical access to solar farms shall be restricted by fencing or walls. Razor wire shall be prohibited.

3.

Except for security fencing, project signs and access paths, no solar farm structure, equipment or building shall be located within the required setbacks of the zoning district.

4.

The following maximum height provisions shall apply:

a.

Security fencing: eight (8) feet.

b.

Project signs: nine (9) feet.

c.

Solar panels or modules: fifteen (15) feet.

d.

Buildings: twenty-five (25) feet.

5.

The maximum height provisions do not apply to transmission lines or substations.

6.

Solar panels, transmission lines, wetlands, wetland setbacks, access paths and maintenance roads shall be considered open space, and therefore, will not count toward lot coverage.

7.

A minimum twenty (20) foot wide, clear access way with a twelve (12) foot wide, stabilized access path shall be permitted for access, maintenance and operation of solar facilities and transmission lines.

8.

A minimum twenty (20) foot wide, clear access way with a twelve (12) foot wide, stabilized access path shall be permitted for access, maintenance and operation of administration buildings, accessory buildings and substations.

9.

Solar energy systems and equipment required to interconnect to and communicate with the transmission or distribution system of the electric utility shall not be placed in wetlands, 100-year flood prone areas as designated on the most recent Federal Emergency Management Agency flood insurance rate map for unincorporated areas of the county, imperiled and critically imperiled habitats defined by the Florida Natural Areas Inventory, and buffers.

10.

Solar energy systems shall be located at least one hundred (100) feet from any lot line under separate ownership, unless otherwise approved by the board of county commissioners.

11.

All solar farm sites must comply with the landscaping requirements of section 4.18.13 entitled landscaped buffer areas. A detailed landscaping and buffering plan with planting schedule shall be included on the required site plan.

12.

The location of points of interconnection from the site to the grid, including any on-site overhead power lines shall be shown on the site plan. Interconnection points and on-site power lines shall be located in a manner that avoids undue visual impact to adjacent residential properties to the maximum extent practicable.

13.

Height.

a.

Ground-mounted. Ground mounted solar energy systems shall not exceed fifteen (15) feet in height, excluding utility poles and communication equipment.

b.

Roof-mounted. Roof mounted systems shall not exceed the maximum height limitation of the zoning district.

14.

Reasonable accessibility for emergency service vehicles shall be required and shown on the site plan.

15.

Signage at the solar farm entrance shall not exceed forty (40) square feet displaying the facility name, address and emergency contact information, unless additional signage is required by the National Electric Safety Code.

16.

Solar farm permitting and impact fees shall be calculated based on alternating current (AC) measurements.

4.18.39.2 Utility notification. No grid-tied system shall be installed until evidence has been provided to the county that the owner has been approved by the utility company to install the system. Evidence shall consist of an interconnection agreement from the electric utility company. Off-grid systems shall be exempt from this requirement.

4.18.39.2.1 Solar energy system electrical components shall have an Underwriters Laboratory listing or similar certification.

4.18.39.3 All active solar farms and solar energy systems shall meet all requirements of the Florida Building Code and shall be inspected by the county building official.

4.18.39.4 Solar farms and solar energy system electrical components shall comply with the National Electrical Code.

(Ord. No. 2018-12, § 5, 6-7-2018; Ord. No. 2018-05, §§ 1, 2, 3-15-2018; Ord. No. 2021-02, § 10, 5-20-2021)