LAND USE DISTRICTS
(a)
The use allowed on a parcel of land in unincorporated Gilchrist County shall be determined by reference to the Future Land Use Element, the Future Land Use Map, and other applicable provisions of the Gilchrist County Comprehensive Plan. Any such use may be regulated and restricted as set forth in this Article and other applicable provisions of this Land Development Code.
(b)
The regulations below are based on the provisions of the land use and other applicable elements of the Gilchrist County Comprehensive Plan. The land use district designation for a parcel of property shall be determined by reference to the Land Use Map. Once the land use district designation is determined, the uses allowed within such district shall be determined by reference to the regulations below, and any further restrictions placed on the particular use by policies within the Gilchrist County Comprehensive Plan or by regulations in other parts of this Land Development Code.
The Future Land Use Map of the Gilchrist County Comprehensive Plan is hereby adopted by reference and made a part of this Land Development Code. It shall hereafter be referred to as the "Land Use Map."
Unless otherwise specifically provided, all uses shall be housed in a fully enclosed building.
Where a parcel has been reduced in size due to the exercise of eminent domain, or through dedication of street right-of-way to the adjacent road system as requested by a governmental entity, the parcel:
(1)
Shall not be considered nonconforming or illegal due to the reduction in size resulting from land taken by eminent domain or dedicated for street right-of-way.
(2)
May be subdivided into the same number of lots as if the parcel retained its original size prior to the exercise of eminent domain or dedication of street right-of-way. Any resulting lots that do not meet minimum size requirements shall not be considered nonconforming or illegal.
(Ord. No. 07-10, § 1, 7-16-2007)
Agriculture Equipment Shop means a commercial use where the primary activity is the display and sale of agricultural equipment.
Agriculture Equipment Repair Shop means a commercial use where the primary activity is the repair and maintenance of agricultural equipment
Airplane Landing Field means any runway, land area or other facility designed and used, either publicly or privately, by any persons, for the landing and taking off of aircraft, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
Day Care Home means a child day care home as defined in Section 402.302, Florida Statutes, or a day care facility for seven or fewer adult clients.
Day Care Center means a day care facility where the number of children or adults cared for on a fee basis exceeds the number allowed in a Day Care Home.
Commercial Use means an occupation, employment or enterprise associated with the sale, rental or distribution of products, or performance of service.
Density means the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel including dedicated rights-of-way and except as otherwise provided for in these land development regulations. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.
Development as defined in F.S. §§ 380.04, as amended.
Dwelling Unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for 1 family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping quarters plus a kitchen and/or full bath.
Floor Area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings, excluding attic areas with a headroom of less than 7 feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.
Floor Area Ratio means the ratio of floor areas to the size of the lot.
Fully Enclosed Building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
Group Residential Center means a residential facility as defined in Section 419.001(1), Florida Statutes.
Group Residential Home means a residential facility meeting the limitations in Section 419.001(2), Florida Statutes.
Group Treatment Center means a residential or non-residential facility where the primary purpose of the facility is to provide treatment or other services to eight or more persons who reside in or use the facility due to drug use, past incarceration, mental illness, or the like.
Group Treatment Home means a residential facility where the primary purpose of the facility is to provide treatment or other services to seven or fewer persons who reside in the facility due to drug use, past incarceration, mental illness, or the like.
Heavy Industrial means any industrial, manufacturing, processing, warehouse, outdoor storage, bulk storage, distribution, or assembly use that does not fall within the definition below of Light Industrial. The term shall not, however, include slaughterhouses.
Height of a Structure means the vertical distance measured from the established grade at the corner of a front of the structure to the highest point of the roof surface of a flat roof to the deck line of a mansard roof or Bermuda roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel, and shed roofs, and to a height 3/4 the distance from the ground to the apex of A-frame and dome roofs, as depicted in the diagram below:
R-HEIGHT OF BUILDING FOR LAND DEVELOPMENT REGULATION PURPOSES
Hunting Camp or Fishing Camp means an Overnight Recreational Park (see Article 8) primarily devoted to providing hunting and/or fishing opportunities to guests.
Industrial Use means any industrial, manufacturing, processing, warehouse, distribution, or assembly use.
Light Industrial means industrial, manufacturing, processing, warehouse, distribution, and assembly uses that are not objectionable to surrounding land uses with regard to danger, smoke, odor, fumes, noise, and truck traffic. An industrial, manufacturing, processing, warehouse, distribution, or assembly use may be categorized as Light Industrial if the County receives reasonable assurance that:
1.
The use will not be a danger to surrounding uses or activities;
2.
The use will not create odors, fumes, dust, or excessive noise that will cross the property lines of the site; and
3.
Tractor trailer and other heavy vehicle traffic to and from the use will not exceed an average of 20 trips per day (10 in and 10 out).
4.
The industrial operation will take place in a completely-enclosed building.
Lot Coverage means the percentage of lot area covered or occupied by buildings, including accessory buildings.
Lot Size means the total horizontal area included within lot lines.
Lot Width means the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rear most points of the side lot lines in the rear, provided however that the width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width.
Multi-family Dwellings means 1 building under 1 roof containing 3 or more dwelling units, and shall include Day Care Homes and Group Residential Home.
Private Club or Lodge means one or more buildings or other structures devoted to the gathering of people for civic, fraternal, recreational, or social purposes, and not operated for profit. The term shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.
Religious Facility means any use, structure, or group of uses and structures where the primary activity or impetus for the facility is the gathering of people for religious worship, instruction, and associated activities and typically includes, but is not necessarily limited to:
(1)
A structure in which assembly for religious purposes takes place.
(2)
Classrooms for religious instruction.
(3)
Dining hall/Social Hall.
(4)
Playground.
(5)
A single residence for a religious leader or caretaker.
Resource-based Recreation means that type of recreation which relies on the existence of the County's natural amenities such as forests, rivers, lakes, springs, and wildlife. It includes such activities as hiking, camping, birdwatching, swimming, fishing, boating and the like.
Rural conference center means an Overnight Recreational Park (see Article 8) for which the primary activity is the conducting of meetings in a rural or natural setting.
Self-service Storage Facilities means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access units for the storage of customers' goods or wares.
Setback means a required open space unoccupied and unobstructed from the ground upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any setback, subject to height limitations and requirements limiting obstruction of visibility. For special rules re encroachments into the setback area see Section 7.19 of this Code.
Silviculture means an agricultural activity primarily devoted to the growing of trees.
Single Family Dwelling means 1 building under one 1 roof containing only one 1 dwelling unit. This shall include a Day Care Home, Group Residential Home, and any kind of manufactured residence, but shall not include a Recreational Vehicle as defined in this Code.
User-based Recreation means outdoor recreational activities based on man-made facilities such as ball fields, tennis or basketball courts, or golf courses.
Vehicular Repair means any building, structure, or land used for major vehicular repair such as body work, frame repair, interior repair, major mechanical repair, painting, welding or tire recapping.
Vehicular Service means any building, structure or land used for dispensing, sale or offering for sale at retail of any fuel, oils, accessories and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy vehicular maintenance activities, such as engine overhauls, painting, and body fender work are conducted.
Vehicle or vehicular means cars, trucks, motorcycles, and marine craft including boats and personal watercraft. This shall not include heavy vehicles or equipment such as trucks with greater than six wheels and all off-road construction, mining, industrial, or farm vehicles or equipment
Water dependent commercial uses means commercial activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.
(Ord. No. 07-10, § 1, 7-16-2007; Ord. No. 2009-02, § 1, 2-16-2009; Ord. No. 2018-07, § 2, 11-12-2018; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are allowed within the Conservation Land Use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Non-intensive resource-based recreation activities.
(b)
Silviculture conducted in accordance with the Comprehensive Plan.
The following uses are allowed within the Conservation Land Use district only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Low intensity recreational facilities such as campsites and similar uses.
(b)
Residential uses necessary to manage conservation lands.
(c)
Ranger stations, research stations, and park amenities.
The following uses are prohibited with the Conservation Land Use district:
(a)
Residential uses, except as specifically provided above.
(b)
Any other use not specifically listed in 2.02.01 or 2.02.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the height of any structure exceed 35 feet.
The following uses are allowed within the Environmentally Sensitive Land Use-1 and -2 district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Non-intensive agricultural and silviculture conducted in accordance with the Comprehensive Plan.
(b)
Single family dwellings.
The following uses are allowed within the Environmentally Sensitive Lands-1 and -2 districts only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Resource-based activities such as spring water bottling plants.
(b)
Water dependent commercial uses such as marinas.
(c)
Overnight recreational parks of less than 100 campsites subject to maintaining a minimum distance from another campground within an ESA district of ½ mile. In addition, the existing Overnight Recreational Parks located at Blue Springs, Ginnie Springs, Hart Springs, Otter Springs and Trail Springs (a.k.a. Ellie Ray's Campground) may be expanded, provided that the combined number of existing campsites and additional campsites shall be less than 400 campsites.
(d)
Home occupations.
(e)
Bed and breakfast.
(Ord. No. 2012-06, § 1, 4-16-2012)
The following uses are prohibited with the Environmentally Sensitive Lands-1 and -2 land use districts:
(a)
Intensive agricultural uses requiring a wastewater permit from DEP.
(b)
Industrial uses.
(c)
Commercial uses, except as specifically provided above for water dependant uses.
(d)
Any other use not specifically listed in 2.03.01 or 2.03.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum lot size and width for residential uses:
(b)
Minimum lot size and width for all other permitted uses:
Minimum Lot Size: 10 acres.
Minimum Lot Width: 300 feet.
(c)
Minimum setbacks for principle structures:
(1)
Front: 30 feet.
(2)
Side and Rear: 25 feet.
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet.
Side: 10 feet.
Rear: 15 feet.
(d)
Maximum height of structures: 35 feet.
(e)
Maximum total lot coverage for all structures: 20 percent.
(f)
Maximum floor area ratio: .25
(Ord. No. 2011-09, § 2, 7-5-2011)
The following uses are allowed within the Silviculture/Agriculture land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Silviculture activities conducted in accordance with the silviculture policies contained within the Conservation Element of the Comprehensive Plan.
(b)
Limited agriculture as follows:
(1)
The grazing of livestock on pasture lands in conformity with the limitations in Policy 1.2,2.2 of the Comprehensive Plan.
(2)
Row crops planted on a rotational basis between the harvesting of timber and planting of trees as part of silviculture activities and in conformity with the additional limitations in Policy 1.2.2.2 of the Comprehensive Plan.
(c)
Single family homes.
(d)
Structures commonly associated with row crops, pasture, hunting or silviculture activities such as barns, outbuildings and sheds, vehicle storage, small mill operations, small office structures. Each such structure shall be counted as a "development unit."
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Silviculture/Agriculture land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Archery, rifle, shotgun and pistol ranges.
(b)
Hunting and fishing camps.
(c)
Telecommunication towers.
The following uses are prohibited with the Silviculture/Agriculture land use district:
(a)
Intensive agriculture requiring a wastewater management permit from the Florida DEP.
(b)
Any other use not specifically listed in 2.04.01 or 2.04.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum lot size and width:
(b)
Minimum setbacks for development units: Any structure involving farm animals or livestock shall be set back 45 feet from any lot line.
The following uses are allowed within the Agriculture-1 land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
All agricultural activities including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, forestry conducted in accordance with the Comprehensive Plan, apiculture, and similar uses.
(b)
Single family homes.
(c)
Plant nurseries and greenhouses.
(d)
Public parks and recreation areas.
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Agriculture-1 land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Riding or Boarding Stables.
(b)
Commercial Kennel.
(c)
Veterinary Clinic or Animal Shelter.
(d)
Home Occupation.
(e)
Private Club or Lodge.
(f)
Golf Course.
(g)
Cemetery.
(h)
Airplane Landing Field.
(i)
Religious Facility.
(j)
Small Engine Repair Shop.
(k)
Welding Shop.
(l)
Vehicular Repair.
(m)
Agriculture Equipment Shop.
(n)
Bed and Breakfast.
(o)
Commercial Establishments directly related to nature-based tourism and recreation.
(p)
Day Care Center.
(q)
Group Residential Center.
(r)
Group Treatment Center.
(s)
Group Treatment Home.
(t)
Neighborhood Commercial Uses as defined and allowed by Policy 1.2.2 of the Comprehensive Plan.
(u)
Overnight Recreational Park.
(v)
The processing, storage, and/or sale of agricultural products and commodities not raised on the premises.
(Ord. No. 2009-02, § 2, 2-16-2009; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are prohibited with the Agriculture-1 land use district:
(a)
Intensive agricultural uses requiring an industrial wastewater permit from the Florida Department of Environmental Protection.
(b)
Livestock or poultry slaughterhouse.
(c)
Salvage Yard.
(d)
Any other use not specifically listed in 2.05.01 or 2.05.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Lot Size and Width for Residential Uses
(1)
Minimum Lot Size: 2 acres for residential uses. Minimum lot area may be reduced by up to 10 percent so long as the gross density of the parcel does not exceed that allowed under the comprehensive plan.
(2)
Minimum Lot Width: 175
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 30 feet
(2)
Side and Rear: 25 feet
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet
Side: 10 feet
Rear: 15 feet
(c)
Maximum Height: Unlimited.
(d)
Maximum Lot Coverage: Total for all structures: 20 percent.
(e)
Maximum Floor Area Ratio:
(1)
Uses allowed without special use permit: 1.0
(2)
Uses allowed by special use permit: .25
(Ord. No. 2009-02, § 3, 2-16-2009)
The following uses are allowed within the Agriculture-2, -3, -4, and -5 land use districts without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
All agricultural activities including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, silviculture conducted in accordance with the Comprehensive Plan, apiculture, and similar uses.
(b)
Single family homes.
(c)
Plant nurseries and greenhouses,
(d)
Public parks and recreational areas.
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Agriculture-2, -3, -4, and -5 land use districts only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Riding or boarding stables.
(b)
Commercial kennel, veterinary clinic or animal shelter.
(c)
Home occupation.
(d)
Private club or lodge.
(e)
Golf course.
(f)
Cemetery.
(g)
Airplane landing field.
(h)
Religious Facility.
(i)
Small engine repair shop.
(j)
Welding shop.
(k)
Vehicular repair shop.
(l)
Agriculture equipment repair shop.
(m)
Bed and breakfast inn.
(n)
The processing, storage, and/or sale of agricultural products and commodities not raised on the premises.
(o)
Livestock auction arena.
(p)
Livestock or poultry slaughterhouse.
(q)
Sawmill or planing mill.
(r)
Agricultural, construction, and related equipment sales and storage.
(s)
Agricultural feed and grain packaging, blending, storage, and/or sales.
(t)
Agricultural fertilizer storage and/or sales.
(u)
Agricultural fairs and fairground activities.
(v)
Recreational activities such as racetracks and speedways; golf courses, ranges, and country clubs; tennis and racquet clubs; and archery, rifle, shotgun, and pistol ranges.
(w)
Campgrounds.
(x)
Day camps, hunting camps, and fishing camps, and uses customarily accessory and clearly incidental and subordinate to such uses.
(y)
Drive-in theaters.
(z)
Spring water bottling plants.
(aa)
Rural conference centers.
(bb)
Yard waste disposal landfill.
(cc)
Flea markets.
(dd)
Intensive agricultural uses requiring an industrial wastewater permit from the Florida Department of Environmental Protection.
(ee)
Commercial establishments directly related to nature-based tourism and recreation.
(ff)
Day Care Center.
(gg)
Group Residential Center.
(hh)
Group Treatment Center.
(ii)
Group Treatment Home.
(jj)
Neighborhood Commercial Uses as defined and allowed by Policy 1.2.2 of the Comprehensive Plan.
(kk)
Landscaping business, including outdoor storage of landscape materials.
(ll)
Overnight Recreational Park.
(mm)
Solar Farms. Solar Farms may be permitted in Agriculture-2 land use districts only.
(nn)
Self-service Storage Facilities. Self-storage Storage Facilities may be permitted in Agriculture-2 land use districts only.
(Ord. No. 07-10, § 2, 7-16-2007; Ord. No. 2009-02, § 4, 2-16-2009; Ord. No. 2015-07, § 2, 9-21-2015; Ord. No. 2018-07, § 3, 11-12-2018; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are prohibited with the Agriculture-2, -3, -4, and -5 land use districts:
(a)
Salvage yard.
(b)
Any other use not specifically listed in 2.06.01 or 2.06.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Lot Size and Width For Residential Uses
Minimum lot area may be reduced by up to 10 percent so long as the gross density of the parcel does not exceed that allowed under the comprehensive plan.
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 30 feet
(2)
Side and Rear: 25 feet
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet
Side: 10 feet
Rear: 15 feet
(c)
Maximum Height: Unlimited.
(d)
Maximum Lot Coverage: Total for all structures: 20 percent.
(e)
Maximum Floor Area Ratio: .25
(Ord. No. 2011-09, § 3, 7-5-2011)
The following uses are allowed within the Residential-1, -2, -3, and -4 land use districts without a special use permit, but are otherwise subject to all applicable regulations within this Code.
(a)
Single family and multi-family dwellings.
(b)
Public parks and recreation areas.
The following uses are allowed within the Residential-1, -2, -3, and -4 land use districts only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Religious Facility.
(b)
Public, charter and private schools.
(c)
Golf courses.
(d)
Conference centers.
(e)
Racquet and tennis clubs.
(f)
Cemeteries and mausoleums.
(g)
Private clubs and lodges.
(h)
Home occupations.
(i)
Commercial greenhouses and plant nurseries.
(j)
Day Care Center.
(Ord. No. 2009-02, § 5, 2-16-2009)
The following uses are prohibited with the Residential 1, 2, 3 or 4 land use districts: Any use not specifically listed in 2.07.01 or 2.07.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Density, minimum lot size and width for residential uses
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 20 feet
(2)
Side: 10 feet
(3)
Rear: 15 feet
No uses are allowed in the Public Use district unless approved pursuant to the Development of Major Impact procedures in Article 12, and consistent with any applicable special standards set forth in Article 8.
(Ord. No. 2009-02, § 6, 2-16-2009)
The following uses are allowed within the Public Use district only if authorized pursuant to the Development of Major Impact procedures in Article 12, and consistent with any applicable special standards set forth in Article 8, any other regulations within this code applicable to such uses, and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Public, charter and private schools.
(b)
Public buildings and grounds.
(c)
Sewer facilities.
(d)
Solid waste transfer stations.
(e)
Sold waste processing and recycling facilities.
(f)
Land clearing debris disposal facilities
(g)
Potable water facilities, including wellfields.
(h)
Correctional facilities.
(i)
Electric generating facilities.
(j)
Other similar public facilities.
(k)
Day Care Center.
(l)
Group Residential Center.
(m)
Group Treatment Home.
(n)
Group Treatment Center.
(Ord. No. 2009-02, § 6, 2-16-2009)
The following uses are prohibited with the Public Use district:
(a)
Landfills other than as specifically provided above.
(b)
Any other use not specifically listed in 2.08.01 or 2.08.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the floor area ratio exceed .25.
No uses are allowed without a special use permit in the Recreation land use district.
The following uses are allowed within the Recreation land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
User-based and resource-based recreation uses.
(b)
Residential and non-residential uses necessary to manage approved recreational uses.
The following uses are prohibited with the Recreation land use district:
(a)
Residential and non-residential uses, except as specifically provided above.
(b)
Any other use not specifically listed in 2.09.01 or 2.09.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the floor area ratio of a use exceed .25.
Subject to the requirements for special use permits in 2.10.02 below, the following uses are allowed within the Commercial land use district without a special use permit.
(a)
Retail commercial outlets for sale of food, wearing apparel, fabric, toys, sundries and notions, books and stationery, leather goods and luggage, paint, glass, wallpaper, jewelry (including repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, optical goods, television and radio (including repair incidental to sales), florist or gift shop, delicatessen, bake shop (but not wholesale bakery), drugs, plants and garden supplies (including outside storage of plants and materials), automotive vehicle parts and accessories (but not salvage yards), and similar uses.
(b)
Retail commercial outlets for sale of home furnishings (furniture, floor coverings, draperies, upholstery) and appliances (including repair incidental to sales), office equipment or furniture, hardware, second-hand merchandise in completely enclosed buildings, and similar uses.
(c)
Service establishments such as barber or beauty shop, shoe repair shop, restaurant, interior decorator, photographic studio, art or dance or music studio, reducing salon or gymnasium, animal grooming, self-service laundry or dry cleaner, tailor or dressmaker, laundry or dry cleaning pickup station, and similar uses.
(d)
Service establishments such as radio or television station; funeral home, radio and television repair shop, appliance repair shop, letter shops and printing establishments, pest control, and similar uses.
(e)
Medical or dental offices, clinics, and laboratories.
(f)
Business and professional offices.
(g)
Newspaper offices.
(h)
Banks and financial institutions.
(i)
Professional, business, and technical schools.
(j)
Commercial recreational facilities in completely enclosed, soundproof buildings, such as indoor motion picture theater, community or little theater, billiard parlor, bowling alley, and similar uses.
(k)
Hotels and motels.
(l)
Dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchlorethylene and with no odor, fumes, or steam detectable to normal senses from off the premises.
(m)
Art galleries.
(n)
Miscellaneous uses such as telephone exchange and commercial parking lots and parking garages.
(o)
Vehicular Service.
(p)
Religious Facilities.
The following uses are allowed within the Commercial land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Any use listed above in 2.10.01, except Religious Facilities where the development housing the use or uses exceeds 5,000 square feet or .5 FAR.
(b)
Any commercial use within 100 feet of a parcel of property used for residential purposes or which has a land use designation of Residential 1, 2, 3, or 4.
(c)
Any commercial use not listed above and not specifically prohibited below.
(d)
Hospitals.
(e)
Motor bus or other transportation terminals.
(f)
Vehicular Repair.
(g)
Public buildings and facilities.
(h)
Residential dwelling units that lawfully existed within this district on the date of adoption or amendment of the Comprehensive Plan.
(i)
Private clubs and lodges.
(j)
Day Care Center
(k)
Group Residential Center
(l)
Group Treatment Center
(m)
Group Treatment Home
(n)
Outdoor display and sales of large items such as vehicles, boats, trailers, manufactured buildings, and agricultural machinery.
(o)
Self-Service Storage Facilities.
(Ord. No. 07-10, § 3, 7-16-2007; Ord. No. 2009-02, § 7, 2-16-2009; Ord. No. 2018-07, § 4, 11-12-2018)
The following uses are prohibited with the Commercial land use district:
(a)
Manufacturing or industrial uses.
(Ord. No. 07-10, § 4, 7-16-2007; Ord. No. 2018-07, § 5, 11-12-2018)
(a)
Minimum Setbacks for Principle Structures:
Front: 30 feet
Side: No side yard required, but if a side yard is provided it must be at least 10 feet
Rear: 10 feet
(b)
Maximum Height of Structures: 40 feet
(c)
Maximum Floor Area Ratio: .25
The following uses are allowed within the Industrial land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Light industrial.
(b)
Research laboratories and activities in completely enclosed buildings.
(c)
Outdoor storage yards and lots, provided, this provision shall not permit salvage yards which must be authorized by a special use permit.
(d)
Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shop; establishments for sale of farm supplies, lumber and building supplies, monuments, automotive vehicle parts and accessories (but not salvage yards or automotive vehicle wrecking yards), and similar uses.
(e)
Service establishments catering to commerce and industry including linen supply, freight movers, communications services, business machine services, canteen service, restaurant, employment agency, sign company, pest control, water softening establishment and similar uses.
(f)
Medical clinic in connection only with industrial activity.
(g)
Miscellaneous uses such as express or parcel delivery office, telephone exchange, commercial parking lots and garages, motor bus or truck or other transportation terminal.
(h)
Radio and television stations.
(i)
Building trades contractor including on premises storage yard for materials and equipment, but no manufacturing of concrete or asphalt which are heavy industrial uses that must be approved by special use permit as set forth below.
(j)
Railroad switching, freight, and storage yards; railroad buildings and maintenance structures.
(k)
Vehicular service or repair.
(l)
Self-Service Storage Facilities.
(Ord. No. 2018-07, § 6, 11-12-2018)
The following uses are allowed within the Industrial land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Truck stops.
(b)
Public buildings and facilities.
(c)
Salvage yards.
(d)
Vocational, technical, trade, or industrial schools and similar uses.
(e)
Any heavy industrial use.
(f)
Solar Facilities, in accordance with Article 7. Section 7.26.
(Ord. No. 2018-05, § 2, 11-12-2018; Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are prohibited within the Industrial land use district:
(a)
Petroleum bulk storage and sales.
(b)
Yards or lots for scrap or salvage operations or for processing, storage, display, or sale of any scrap, salvage, or second-hand building materials and automotive vehicle parts.
(c)
Any other use not specifically listed in 2.11.01 or 2.11.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Setbacks for Principle Structures:
Front: 20 feet
Side: 15 feet
Rear: 15 feet
(b)
Maximum Floor Area Ratio: .25
LAND USE DISTRICTS
(a)
The use allowed on a parcel of land in unincorporated Gilchrist County shall be determined by reference to the Future Land Use Element, the Future Land Use Map, and other applicable provisions of the Gilchrist County Comprehensive Plan. Any such use may be regulated and restricted as set forth in this Article and other applicable provisions of this Land Development Code.
(b)
The regulations below are based on the provisions of the land use and other applicable elements of the Gilchrist County Comprehensive Plan. The land use district designation for a parcel of property shall be determined by reference to the Land Use Map. Once the land use district designation is determined, the uses allowed within such district shall be determined by reference to the regulations below, and any further restrictions placed on the particular use by policies within the Gilchrist County Comprehensive Plan or by regulations in other parts of this Land Development Code.
The Future Land Use Map of the Gilchrist County Comprehensive Plan is hereby adopted by reference and made a part of this Land Development Code. It shall hereafter be referred to as the "Land Use Map."
Unless otherwise specifically provided, all uses shall be housed in a fully enclosed building.
Where a parcel has been reduced in size due to the exercise of eminent domain, or through dedication of street right-of-way to the adjacent road system as requested by a governmental entity, the parcel:
(1)
Shall not be considered nonconforming or illegal due to the reduction in size resulting from land taken by eminent domain or dedicated for street right-of-way.
(2)
May be subdivided into the same number of lots as if the parcel retained its original size prior to the exercise of eminent domain or dedication of street right-of-way. Any resulting lots that do not meet minimum size requirements shall not be considered nonconforming or illegal.
(Ord. No. 07-10, § 1, 7-16-2007)
Agriculture Equipment Shop means a commercial use where the primary activity is the display and sale of agricultural equipment.
Agriculture Equipment Repair Shop means a commercial use where the primary activity is the repair and maintenance of agricultural equipment
Airplane Landing Field means any runway, land area or other facility designed and used, either publicly or privately, by any persons, for the landing and taking off of aircraft, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces.
Day Care Home means a child day care home as defined in Section 402.302, Florida Statutes, or a day care facility for seven or fewer adult clients.
Day Care Center means a day care facility where the number of children or adults cared for on a fee basis exceeds the number allowed in a Day Care Home.
Commercial Use means an occupation, employment or enterprise associated with the sale, rental or distribution of products, or performance of service.
Density means the number of residential dwelling units permitted per gross acre of land and is determined by dividing the number of units by the total area of land within the boundaries of a lot or parcel including dedicated rights-of-way and except as otherwise provided for in these land development regulations. In the determination of the number of residential units to be permitted on a specific parcel of land, a fractional unit shall not entitle the applicant to an additional unit.
Development as defined in F.S. §§ 380.04, as amended.
Dwelling Unit means a room or rooms connected together, constituting a separate, independent housekeeping establishment for 1 family, for owner occupancy or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing sleeping quarters plus a kitchen and/or full bath.
Floor Area means, except as may be otherwise indicated in relation to particular districts and uses, the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings, excluding attic areas with a headroom of less than 7 feet, unenclosed stairs or fire escapes, elevator structures, cooling towers, areas devoted to air conditioning, ventilating or heating or other building machinery and equipment, parking structures and basement space where the ceiling is not more than 48 inches above the general finished and graded level of the adjacent part of the lot.
Floor Area Ratio means the ratio of floor areas to the size of the lot.
Fully Enclosed Building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.
Group Residential Center means a residential facility as defined in Section 419.001(1), Florida Statutes.
Group Residential Home means a residential facility meeting the limitations in Section 419.001(2), Florida Statutes.
Group Treatment Center means a residential or non-residential facility where the primary purpose of the facility is to provide treatment or other services to eight or more persons who reside in or use the facility due to drug use, past incarceration, mental illness, or the like.
Group Treatment Home means a residential facility where the primary purpose of the facility is to provide treatment or other services to seven or fewer persons who reside in the facility due to drug use, past incarceration, mental illness, or the like.
Heavy Industrial means any industrial, manufacturing, processing, warehouse, outdoor storage, bulk storage, distribution, or assembly use that does not fall within the definition below of Light Industrial. The term shall not, however, include slaughterhouses.
Height of a Structure means the vertical distance measured from the established grade at the corner of a front of the structure to the highest point of the roof surface of a flat roof to the deck line of a mansard roof or Bermuda roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel, and shed roofs, and to a height 3/4 the distance from the ground to the apex of A-frame and dome roofs, as depicted in the diagram below:
R-HEIGHT OF BUILDING FOR LAND DEVELOPMENT REGULATION PURPOSES
Hunting Camp or Fishing Camp means an Overnight Recreational Park (see Article 8) primarily devoted to providing hunting and/or fishing opportunities to guests.
Industrial Use means any industrial, manufacturing, processing, warehouse, distribution, or assembly use.
Light Industrial means industrial, manufacturing, processing, warehouse, distribution, and assembly uses that are not objectionable to surrounding land uses with regard to danger, smoke, odor, fumes, noise, and truck traffic. An industrial, manufacturing, processing, warehouse, distribution, or assembly use may be categorized as Light Industrial if the County receives reasonable assurance that:
1.
The use will not be a danger to surrounding uses or activities;
2.
The use will not create odors, fumes, dust, or excessive noise that will cross the property lines of the site; and
3.
Tractor trailer and other heavy vehicle traffic to and from the use will not exceed an average of 20 trips per day (10 in and 10 out).
4.
The industrial operation will take place in a completely-enclosed building.
Lot Coverage means the percentage of lot area covered or occupied by buildings, including accessory buildings.
Lot Size means the total horizontal area included within lot lines.
Lot Width means the average distance between straight lines connecting front and rear lot lines at each side of the lot, measured as straight lines between the foremost points of the side lot lines in front (where they intersect with the street line) and the rear most points of the side lot lines in the rear, provided however that the width between the side lot lines at their foremost points in the front shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the width shall not be less than 60 percent of the required lot width.
Multi-family Dwellings means 1 building under 1 roof containing 3 or more dwelling units, and shall include Day Care Homes and Group Residential Home.
Private Club or Lodge means one or more buildings or other structures devoted to the gathering of people for civic, fraternal, recreational, or social purposes, and not operated for profit. The term shall not include casinos, nightclubs, bottle clubs, or other establishments operated or maintained for profit.
Religious Facility means any use, structure, or group of uses and structures where the primary activity or impetus for the facility is the gathering of people for religious worship, instruction, and associated activities and typically includes, but is not necessarily limited to:
(1)
A structure in which assembly for religious purposes takes place.
(2)
Classrooms for religious instruction.
(3)
Dining hall/Social Hall.
(4)
Playground.
(5)
A single residence for a religious leader or caretaker.
Resource-based Recreation means that type of recreation which relies on the existence of the County's natural amenities such as forests, rivers, lakes, springs, and wildlife. It includes such activities as hiking, camping, birdwatching, swimming, fishing, boating and the like.
Rural conference center means an Overnight Recreational Park (see Article 8) for which the primary activity is the conducting of meetings in a rural or natural setting.
Self-service Storage Facilities means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access units for the storage of customers' goods or wares.
Setback means a required open space unoccupied and unobstructed from the ground upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any setback, subject to height limitations and requirements limiting obstruction of visibility. For special rules re encroachments into the setback area see Section 7.19 of this Code.
Silviculture means an agricultural activity primarily devoted to the growing of trees.
Single Family Dwelling means 1 building under one 1 roof containing only one 1 dwelling unit. This shall include a Day Care Home, Group Residential Home, and any kind of manufactured residence, but shall not include a Recreational Vehicle as defined in this Code.
User-based Recreation means outdoor recreational activities based on man-made facilities such as ball fields, tennis or basketball courts, or golf courses.
Vehicular Repair means any building, structure, or land used for major vehicular repair such as body work, frame repair, interior repair, major mechanical repair, painting, welding or tire recapping.
Vehicular Service means any building, structure or land used for dispensing, sale or offering for sale at retail of any fuel, oils, accessories and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy vehicular maintenance activities, such as engine overhauls, painting, and body fender work are conducted.
Vehicle or vehicular means cars, trucks, motorcycles, and marine craft including boats and personal watercraft. This shall not include heavy vehicles or equipment such as trucks with greater than six wheels and all off-road construction, mining, industrial, or farm vehicles or equipment
Water dependent commercial uses means commercial activities which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for: waterborne transportation including ports or marinas; recreation; electrical generating facilities; or water supply.
(Ord. No. 07-10, § 1, 7-16-2007; Ord. No. 2009-02, § 1, 2-16-2009; Ord. No. 2018-07, § 2, 11-12-2018; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are allowed within the Conservation Land Use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Non-intensive resource-based recreation activities.
(b)
Silviculture conducted in accordance with the Comprehensive Plan.
The following uses are allowed within the Conservation Land Use district only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Low intensity recreational facilities such as campsites and similar uses.
(b)
Residential uses necessary to manage conservation lands.
(c)
Ranger stations, research stations, and park amenities.
The following uses are prohibited with the Conservation Land Use district:
(a)
Residential uses, except as specifically provided above.
(b)
Any other use not specifically listed in 2.02.01 or 2.02.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the height of any structure exceed 35 feet.
The following uses are allowed within the Environmentally Sensitive Land Use-1 and -2 district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Non-intensive agricultural and silviculture conducted in accordance with the Comprehensive Plan.
(b)
Single family dwellings.
The following uses are allowed within the Environmentally Sensitive Lands-1 and -2 districts only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Resource-based activities such as spring water bottling plants.
(b)
Water dependent commercial uses such as marinas.
(c)
Overnight recreational parks of less than 100 campsites subject to maintaining a minimum distance from another campground within an ESA district of ½ mile. In addition, the existing Overnight Recreational Parks located at Blue Springs, Ginnie Springs, Hart Springs, Otter Springs and Trail Springs (a.k.a. Ellie Ray's Campground) may be expanded, provided that the combined number of existing campsites and additional campsites shall be less than 400 campsites.
(d)
Home occupations.
(e)
Bed and breakfast.
(Ord. No. 2012-06, § 1, 4-16-2012)
The following uses are prohibited with the Environmentally Sensitive Lands-1 and -2 land use districts:
(a)
Intensive agricultural uses requiring a wastewater permit from DEP.
(b)
Industrial uses.
(c)
Commercial uses, except as specifically provided above for water dependant uses.
(d)
Any other use not specifically listed in 2.03.01 or 2.03.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum lot size and width for residential uses:
(b)
Minimum lot size and width for all other permitted uses:
Minimum Lot Size: 10 acres.
Minimum Lot Width: 300 feet.
(c)
Minimum setbacks for principle structures:
(1)
Front: 30 feet.
(2)
Side and Rear: 25 feet.
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet.
Side: 10 feet.
Rear: 15 feet.
(d)
Maximum height of structures: 35 feet.
(e)
Maximum total lot coverage for all structures: 20 percent.
(f)
Maximum floor area ratio: .25
(Ord. No. 2011-09, § 2, 7-5-2011)
The following uses are allowed within the Silviculture/Agriculture land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Silviculture activities conducted in accordance with the silviculture policies contained within the Conservation Element of the Comprehensive Plan.
(b)
Limited agriculture as follows:
(1)
The grazing of livestock on pasture lands in conformity with the limitations in Policy 1.2,2.2 of the Comprehensive Plan.
(2)
Row crops planted on a rotational basis between the harvesting of timber and planting of trees as part of silviculture activities and in conformity with the additional limitations in Policy 1.2.2.2 of the Comprehensive Plan.
(c)
Single family homes.
(d)
Structures commonly associated with row crops, pasture, hunting or silviculture activities such as barns, outbuildings and sheds, vehicle storage, small mill operations, small office structures. Each such structure shall be counted as a "development unit."
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Silviculture/Agriculture land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12 of this Code. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Archery, rifle, shotgun and pistol ranges.
(b)
Hunting and fishing camps.
(c)
Telecommunication towers.
The following uses are prohibited with the Silviculture/Agriculture land use district:
(a)
Intensive agriculture requiring a wastewater management permit from the Florida DEP.
(b)
Any other use not specifically listed in 2.04.01 or 2.04.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum lot size and width:
(b)
Minimum setbacks for development units: Any structure involving farm animals or livestock shall be set back 45 feet from any lot line.
The following uses are allowed within the Agriculture-1 land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
All agricultural activities including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, forestry conducted in accordance with the Comprehensive Plan, apiculture, and similar uses.
(b)
Single family homes.
(c)
Plant nurseries and greenhouses.
(d)
Public parks and recreation areas.
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Agriculture-1 land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Riding or Boarding Stables.
(b)
Commercial Kennel.
(c)
Veterinary Clinic or Animal Shelter.
(d)
Home Occupation.
(e)
Private Club or Lodge.
(f)
Golf Course.
(g)
Cemetery.
(h)
Airplane Landing Field.
(i)
Religious Facility.
(j)
Small Engine Repair Shop.
(k)
Welding Shop.
(l)
Vehicular Repair.
(m)
Agriculture Equipment Shop.
(n)
Bed and Breakfast.
(o)
Commercial Establishments directly related to nature-based tourism and recreation.
(p)
Day Care Center.
(q)
Group Residential Center.
(r)
Group Treatment Center.
(s)
Group Treatment Home.
(t)
Neighborhood Commercial Uses as defined and allowed by Policy 1.2.2 of the Comprehensive Plan.
(u)
Overnight Recreational Park.
(v)
The processing, storage, and/or sale of agricultural products and commodities not raised on the premises.
(Ord. No. 2009-02, § 2, 2-16-2009; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are prohibited with the Agriculture-1 land use district:
(a)
Intensive agricultural uses requiring an industrial wastewater permit from the Florida Department of Environmental Protection.
(b)
Livestock or poultry slaughterhouse.
(c)
Salvage Yard.
(d)
Any other use not specifically listed in 2.05.01 or 2.05.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Lot Size and Width for Residential Uses
(1)
Minimum Lot Size: 2 acres for residential uses. Minimum lot area may be reduced by up to 10 percent so long as the gross density of the parcel does not exceed that allowed under the comprehensive plan.
(2)
Minimum Lot Width: 175
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 30 feet
(2)
Side and Rear: 25 feet
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet
Side: 10 feet
Rear: 15 feet
(c)
Maximum Height: Unlimited.
(d)
Maximum Lot Coverage: Total for all structures: 20 percent.
(e)
Maximum Floor Area Ratio:
(1)
Uses allowed without special use permit: 1.0
(2)
Uses allowed by special use permit: .25
(Ord. No. 2009-02, § 3, 2-16-2009)
The following uses are allowed within the Agriculture-2, -3, -4, and -5 land use districts without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
All agricultural activities including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, silviculture conducted in accordance with the Comprehensive Plan, apiculture, and similar uses.
(b)
Single family homes.
(c)
Plant nurseries and greenhouses,
(d)
Public parks and recreational areas.
(e)
The processing, storage, and/or sale of agricultural products and commodities raised on the premises.
(f)
Solar Facilities.
(Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are allowed within the Agriculture-2, -3, -4, and -5 land use districts only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Riding or boarding stables.
(b)
Commercial kennel, veterinary clinic or animal shelter.
(c)
Home occupation.
(d)
Private club or lodge.
(e)
Golf course.
(f)
Cemetery.
(g)
Airplane landing field.
(h)
Religious Facility.
(i)
Small engine repair shop.
(j)
Welding shop.
(k)
Vehicular repair shop.
(l)
Agriculture equipment repair shop.
(m)
Bed and breakfast inn.
(n)
The processing, storage, and/or sale of agricultural products and commodities not raised on the premises.
(o)
Livestock auction arena.
(p)
Livestock or poultry slaughterhouse.
(q)
Sawmill or planing mill.
(r)
Agricultural, construction, and related equipment sales and storage.
(s)
Agricultural feed and grain packaging, blending, storage, and/or sales.
(t)
Agricultural fertilizer storage and/or sales.
(u)
Agricultural fairs and fairground activities.
(v)
Recreational activities such as racetracks and speedways; golf courses, ranges, and country clubs; tennis and racquet clubs; and archery, rifle, shotgun, and pistol ranges.
(w)
Campgrounds.
(x)
Day camps, hunting camps, and fishing camps, and uses customarily accessory and clearly incidental and subordinate to such uses.
(y)
Drive-in theaters.
(z)
Spring water bottling plants.
(aa)
Rural conference centers.
(bb)
Yard waste disposal landfill.
(cc)
Flea markets.
(dd)
Intensive agricultural uses requiring an industrial wastewater permit from the Florida Department of Environmental Protection.
(ee)
Commercial establishments directly related to nature-based tourism and recreation.
(ff)
Day Care Center.
(gg)
Group Residential Center.
(hh)
Group Treatment Center.
(ii)
Group Treatment Home.
(jj)
Neighborhood Commercial Uses as defined and allowed by Policy 1.2.2 of the Comprehensive Plan.
(kk)
Landscaping business, including outdoor storage of landscape materials.
(ll)
Overnight Recreational Park.
(mm)
Solar Farms. Solar Farms may be permitted in Agriculture-2 land use districts only.
(nn)
Self-service Storage Facilities. Self-storage Storage Facilities may be permitted in Agriculture-2 land use districts only.
(Ord. No. 07-10, § 2, 7-16-2007; Ord. No. 2009-02, § 4, 2-16-2009; Ord. No. 2015-07, § 2, 9-21-2015; Ord. No. 2018-07, § 3, 11-12-2018; Ord. No. 2024-06, § 1, 10-21-2024)
The following uses are prohibited with the Agriculture-2, -3, -4, and -5 land use districts:
(a)
Salvage yard.
(b)
Any other use not specifically listed in 2.06.01 or 2.06.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Lot Size and Width For Residential Uses
Minimum lot area may be reduced by up to 10 percent so long as the gross density of the parcel does not exceed that allowed under the comprehensive plan.
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 30 feet
(2)
Side and Rear: 25 feet
Provided that for any nonconforming lot of record that is 1 acre or less in size, the following setbacks shall apply:
Front: 20 feet
Side: 10 feet
Rear: 15 feet
(c)
Maximum Height: Unlimited.
(d)
Maximum Lot Coverage: Total for all structures: 20 percent.
(e)
Maximum Floor Area Ratio: .25
(Ord. No. 2011-09, § 3, 7-5-2011)
The following uses are allowed within the Residential-1, -2, -3, and -4 land use districts without a special use permit, but are otherwise subject to all applicable regulations within this Code.
(a)
Single family and multi-family dwellings.
(b)
Public parks and recreation areas.
The following uses are allowed within the Residential-1, -2, -3, and -4 land use districts only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Religious Facility.
(b)
Public, charter and private schools.
(c)
Golf courses.
(d)
Conference centers.
(e)
Racquet and tennis clubs.
(f)
Cemeteries and mausoleums.
(g)
Private clubs and lodges.
(h)
Home occupations.
(i)
Commercial greenhouses and plant nurseries.
(j)
Day Care Center.
(Ord. No. 2009-02, § 5, 2-16-2009)
The following uses are prohibited with the Residential 1, 2, 3 or 4 land use districts: Any use not specifically listed in 2.07.01 or 2.07.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Density, minimum lot size and width for residential uses
(b)
Minimum Setbacks for Principle Structures:
(1)
Front: 20 feet
(2)
Side: 10 feet
(3)
Rear: 15 feet
No uses are allowed in the Public Use district unless approved pursuant to the Development of Major Impact procedures in Article 12, and consistent with any applicable special standards set forth in Article 8.
(Ord. No. 2009-02, § 6, 2-16-2009)
The following uses are allowed within the Public Use district only if authorized pursuant to the Development of Major Impact procedures in Article 12, and consistent with any applicable special standards set forth in Article 8, any other regulations within this code applicable to such uses, and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Public, charter and private schools.
(b)
Public buildings and grounds.
(c)
Sewer facilities.
(d)
Solid waste transfer stations.
(e)
Sold waste processing and recycling facilities.
(f)
Land clearing debris disposal facilities
(g)
Potable water facilities, including wellfields.
(h)
Correctional facilities.
(i)
Electric generating facilities.
(j)
Other similar public facilities.
(k)
Day Care Center.
(l)
Group Residential Center.
(m)
Group Treatment Home.
(n)
Group Treatment Center.
(Ord. No. 2009-02, § 6, 2-16-2009)
The following uses are prohibited with the Public Use district:
(a)
Landfills other than as specifically provided above.
(b)
Any other use not specifically listed in 2.08.01 or 2.08.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the floor area ratio exceed .25.
No uses are allowed without a special use permit in the Recreation land use district.
The following uses are allowed within the Recreation land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
User-based and resource-based recreation uses.
(b)
Residential and non-residential uses necessary to manage approved recreational uses.
The following uses are prohibited with the Recreation land use district:
(a)
Residential and non-residential uses, except as specifically provided above.
(b)
Any other use not specifically listed in 2.09.01 or 2.09.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
Dimensional requirements shall be as set forth in the Special Use Permit for the particular approved use, provided that in no event shall the floor area ratio of a use exceed .25.
Subject to the requirements for special use permits in 2.10.02 below, the following uses are allowed within the Commercial land use district without a special use permit.
(a)
Retail commercial outlets for sale of food, wearing apparel, fabric, toys, sundries and notions, books and stationery, leather goods and luggage, paint, glass, wallpaper, jewelry (including repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennels), musical instruments, optical goods, television and radio (including repair incidental to sales), florist or gift shop, delicatessen, bake shop (but not wholesale bakery), drugs, plants and garden supplies (including outside storage of plants and materials), automotive vehicle parts and accessories (but not salvage yards), and similar uses.
(b)
Retail commercial outlets for sale of home furnishings (furniture, floor coverings, draperies, upholstery) and appliances (including repair incidental to sales), office equipment or furniture, hardware, second-hand merchandise in completely enclosed buildings, and similar uses.
(c)
Service establishments such as barber or beauty shop, shoe repair shop, restaurant, interior decorator, photographic studio, art or dance or music studio, reducing salon or gymnasium, animal grooming, self-service laundry or dry cleaner, tailor or dressmaker, laundry or dry cleaning pickup station, and similar uses.
(d)
Service establishments such as radio or television station; funeral home, radio and television repair shop, appliance repair shop, letter shops and printing establishments, pest control, and similar uses.
(e)
Medical or dental offices, clinics, and laboratories.
(f)
Business and professional offices.
(g)
Newspaper offices.
(h)
Banks and financial institutions.
(i)
Professional, business, and technical schools.
(j)
Commercial recreational facilities in completely enclosed, soundproof buildings, such as indoor motion picture theater, community or little theater, billiard parlor, bowling alley, and similar uses.
(k)
Hotels and motels.
(l)
Dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchlorethylene and with no odor, fumes, or steam detectable to normal senses from off the premises.
(m)
Art galleries.
(n)
Miscellaneous uses such as telephone exchange and commercial parking lots and parking garages.
(o)
Vehicular Service.
(p)
Religious Facilities.
The following uses are allowed within the Commercial land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Any use listed above in 2.10.01, except Religious Facilities where the development housing the use or uses exceeds 5,000 square feet or .5 FAR.
(b)
Any commercial use within 100 feet of a parcel of property used for residential purposes or which has a land use designation of Residential 1, 2, 3, or 4.
(c)
Any commercial use not listed above and not specifically prohibited below.
(d)
Hospitals.
(e)
Motor bus or other transportation terminals.
(f)
Vehicular Repair.
(g)
Public buildings and facilities.
(h)
Residential dwelling units that lawfully existed within this district on the date of adoption or amendment of the Comprehensive Plan.
(i)
Private clubs and lodges.
(j)
Day Care Center
(k)
Group Residential Center
(l)
Group Treatment Center
(m)
Group Treatment Home
(n)
Outdoor display and sales of large items such as vehicles, boats, trailers, manufactured buildings, and agricultural machinery.
(o)
Self-Service Storage Facilities.
(Ord. No. 07-10, § 3, 7-16-2007; Ord. No. 2009-02, § 7, 2-16-2009; Ord. No. 2018-07, § 4, 11-12-2018)
The following uses are prohibited with the Commercial land use district:
(a)
Manufacturing or industrial uses.
(Ord. No. 07-10, § 4, 7-16-2007; Ord. No. 2018-07, § 5, 11-12-2018)
(a)
Minimum Setbacks for Principle Structures:
Front: 30 feet
Side: No side yard required, but if a side yard is provided it must be at least 10 feet
Rear: 10 feet
(b)
Maximum Height of Structures: 40 feet
(c)
Maximum Floor Area Ratio: .25
The following uses are allowed within the Industrial land use district without a special use permit, but are otherwise subject to all applicable regulations within this Code:
(a)
Light industrial.
(b)
Research laboratories and activities in completely enclosed buildings.
(c)
Outdoor storage yards and lots, provided, this provision shall not permit salvage yards which must be authorized by a special use permit.
(d)
Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shop; establishments for sale of farm supplies, lumber and building supplies, monuments, automotive vehicle parts and accessories (but not salvage yards or automotive vehicle wrecking yards), and similar uses.
(e)
Service establishments catering to commerce and industry including linen supply, freight movers, communications services, business machine services, canteen service, restaurant, employment agency, sign company, pest control, water softening establishment and similar uses.
(f)
Medical clinic in connection only with industrial activity.
(g)
Miscellaneous uses such as express or parcel delivery office, telephone exchange, commercial parking lots and garages, motor bus or truck or other transportation terminal.
(h)
Radio and television stations.
(i)
Building trades contractor including on premises storage yard for materials and equipment, but no manufacturing of concrete or asphalt which are heavy industrial uses that must be approved by special use permit as set forth below.
(j)
Railroad switching, freight, and storage yards; railroad buildings and maintenance structures.
(k)
Vehicular service or repair.
(l)
Self-Service Storage Facilities.
(Ord. No. 2018-07, § 6, 11-12-2018)
The following uses are allowed within the Industrial land use district only if authorized by a special use permit granted pursuant to the procedures in Article 12. Such uses are subject to any regulations within this code applicable to such uses and any applicable policies of the Gilchrist County Comprehensive Plan.
(a)
Truck stops.
(b)
Public buildings and facilities.
(c)
Salvage yards.
(d)
Vocational, technical, trade, or industrial schools and similar uses.
(e)
Any heavy industrial use.
(f)
Solar Facilities, in accordance with Article 7. Section 7.26.
(Ord. No. 2018-05, § 2, 11-12-2018; Ord. No. 2024-07, § 1, 10-21-2024)
The following uses are prohibited within the Industrial land use district:
(a)
Petroleum bulk storage and sales.
(b)
Yards or lots for scrap or salvage operations or for processing, storage, display, or sale of any scrap, salvage, or second-hand building materials and automotive vehicle parts.
(c)
Any other use not specifically listed in 2.11.01 or 2.11.02 above, provided that a non-listed use may be allowed if the Director determines the non-listed use to be so similar to a listed use as to be within the intent of the Comprehensive Plan in allowing the listed use in the district.
(a)
Minimum Setbacks for Principle Structures:
Front: 20 feet
Side: 15 feet
Rear: 15 feet
(b)
Maximum Floor Area Ratio: .25