(a)

The Subdivision Overlay District (SOD) is intended to recognize the special characteristics of neighborhoods within Gilchrist County by establishing appropriate standards for uses within the underlying zoning districts.

(b)

The SOD is an overlay district so that property within the district shall comply with the guidelines set forth in this section and also meet the standards of the underlying land use district. In the case of conflict between the regulations in this section and those of the underlying land use district, the regulations in this section shall prevail.

(c)

All lot size and other dimensional requirements of the underlying land use district shall apply within the SOD.

(a)

The SOD may be placed over any recorded or unrecorded subdivision in the unincorporated area of the County.

(b)

Any owner or owners of lots within a subdivision where the SOD is proposed to be created, or the County Commission, may initiate the procedure to create an SOD.

(c)

An application for creation of the SOD shall be reviewed in accord with the special mapping procedures at Section 13.08 of this Code.

(a)

The use regulations in this section shall control over the use regulations of the underlying land use district.

(b)

The following uses shall be allowed without a special use permit:

(1)

Single Family Dwellings.

(2)

The following home occupations:

a.

The giving of individual instruction to one (1) person at a time such as art or music teacher.

b.

Fabrication of articles such as are commonly classified under the terms arts and handicrafts, providing no retail sales are made in the home.

c.

Custom dressmaking, seamstress, milliner.

d.

Tutoring for not more than 1 student at a time.

e.

Telephone answering service.

f.

Internet occupation.

(c)

The following uses are allowed by special use permit:

(1)

Home occupations other than those listed in (b) above.

(2)

Churches and other houses of worship.

(3)

Bed and Breakfast.

(4)

Group living facilities.

(a)

Within the SOD, the maximum animal units allowed shall be 1 per 2.5 acres. Each of the following equals 1 animal unit:

Cow .....1.00

Horse .....1.00

Hog or other swine .....2.00

Sheep .....2.00

Goat .....2.00

Llama .....2.00

Hen .....25.00

Duck, turkey, pheasant, goose or other similar fowl .....10.00

Rabbit, rodent, and other similar mammals .....5.00

(b)

On any residential parcel in the SOD district, no more than 5 household pets (dogs, cats), are allowed.

(c)

Any animal not listed above shall be prohibited within the SOD, unless otherwise specifically authorized by other provisions of this Code.

(d)

The above restrictions shall not apply to animals housed within the principal residence on the parcel.

(a)

The purpose of the Planned Residential Development (PRD) district is to permit Planned Residential Developments within designated urban development areas as defined within the Comprehensive Plan, which are intended to:

(1)

Encourage the planned residential development of land.

(2)

Encourage flexible and creative concepts of site planning.

(3)

Preserve the natural amenities of the land by encouraging scenic and functional open areas.

(4)

Accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations.

(5)

Provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs.

(6)

Provide a stable environmental character compatible with surrounding areas.

(b)

The basic attributes of a Planned Residential Development are as follows:

(1)

The land within the PRD shall be under unified control and the PRD shall be planned and developed as a single development, or an approved, programmed series of developments, for dwelling units and related uses and facilities.

(2)

The PRD plan, when adopted, becomes the land development regulations for the land to which it is applied.

(3)

The PRD includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part.

(4)

The PRD allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

For purposes of this section, the following definitions shall apply:

Applicant means a landowner or the landowner's agent who files a petition for a zoning amendment to a Planned Residential Development District.

Development plan means the proposal for development of a Planned Residential Development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

Common open space means an area of land, or an area of water, or a combination of land and water, within the area of a PRD held in common. Common open space may contain such recreational structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the Planned Residential Development.

Gross density means the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a PRD.

Net residential acreage means the total number of acres within the perimeter boundaries of a Planned Residential Development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted nonresidential uses.

(a)

The following uses shall be allowed within a proposed PRD:

(1)

Residential dwellings including conventional single family dwellings, duplex dwellings, and multiple family dwellings.

(2)

Public or private schools offering curricula comparable to that of public schools.

(3)

Churches and other houses of worship.

(4)

Golf courses, country clubs, and racquet and tennis clubs.

(5)

Public buildings and facilities.

(b)

The following use may be allowed within an approved PRD by special use permit: Home occupations.

(a)

Minimum Parcel Size. The minimum size parcel for Planned Residential Development shall be 5 acres.

(b)

Densities. Any combination of residential density and housing types is permitted as long as the overall gross density does not exceed the density allowed in the Comprehensive Plan for the land use district where the project is located.

(d)

Dimensional Requirements. The location and size of all proposed building sites, minimum lot sizes, setback lines, lot coverage, and floor area ratios shall be as shown on the Final Development Plan.

(e)

Internal Compatibility. All land uses proposed within a PRD shall be compatible with other proposed uses; that is, uses shall be able to coexist in relative proximity to other uses in a stable fashion over time such that no other uses are unduly negatively impacted, directly or indirectly, by such uses. The residential density and intensity of use of a Planned Residential Development shall be compatible with the physical and environmental characteristics of the site.

(f)

External Compatibility. All land uses proposed within a PRD shall be compatible with existing and planned uses of properties surrounding the Planned Residential Development; that is, internal uses shall be able to coexist in relative proximity to existing or planned or surrounding uses in a stable fashion over time such that neither internal nor surrounding uses are unduly negatively impacted, directly or indirectly by such uses. An evaluation of the external compatibility of a Planned Residential Development should be based on the following factors:

(g)

Common Open Space. At least 15 percent of the area covered by a Final Development Plan shall be usable, common open space owned and operated by the applicant or dedicated to a homeowner association or similar group, provided that in establishing the density per gross acre the Board of County Commissioners may increase the percentage of common open space in order to carry out the intent and purpose set forth in this section; and provided that any PRD which only consists of single-family dwellings with individually deeded lots shall only be required to have 5 percent usable, common open space. Not more than ½ the total common open space area may be in a flood plain, buffer area, and/or water bodies.

(h)

Access and Parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Adequate parking shall be provided.

(i)

External Transportation Access. A PRD shall provide direct access to a major street (arterial or collector) unless, due to the size of the PRD and the type of uses proposed, it will not adversely affect the traffic on adjoining minor (local) streets.

(j)

Internal Transportation Access. Every dwelling unit or other permitted use shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to County specifications as found in Article 10, Subdivision Regulations. If the PRD contains private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners association or similar group.

Where the PRD is being proposed as a Planned Rural Residential Development in the Rural Area of the County, as provided for in the Comprehensive Plan, the following standards shall apply instead of the standards in 3.02.04 above:

(a)

Not less than 80 percent of the area of the PRD shall remain undeveloped.

(b)

The number of residential lots shall not exceed 49.

(c)

The developed portions of the PRD shall be compact and contiguous and generally located on the highest portions of the site.

(d)

A minimum 200-foot buffer shall be maintained around the perimeter of the development. A 75-foot buffer shall be maintained along all rivers, streams, and creeks, and a 50-foot buffer shall be maintained along all the shores of all lakes, ponds and wetlands. These buffers may be included in the 80 percent undeveloped area.

(e)

The developed area shall be configured in such a manner as to permit continued agriculture and/or silviculture uses of the undeveloped area.

(f)

The developed area of the development, shall be located outside of:

(1)

Wetlands;

(2)

Floodplain;

(3)

Native upland vegetation; and

(4)

Active agricultural areas.

If the entire development site consists of any or a combination of such areas, the developed area shall be located in the least sensitive of such areas. Least sensitive areas shall be determined according to the order of priority of the above listing of such areas from most sensitive to least sensitive. In addition, if any developed area is located within any such sensitive areas, the development of such area shall be in accordance with the floodplain and wetland policies contained in the Conservation Element of the Comprehensive Plan.

(g)

The development shall have direct access to a paved road. All internal roads shall be so located in order to minimize the number of access points to external roadways.

(h)

The developed area within the development shall provide a buffer to minimize the negative impacts of the uses within the developed area and uses within the undeveloped area upon each other, such that, the long term continuance of uses in either area is not threatened by such impact. The buffer shall consist of a landscaped buffer and shall be designed, planted and maintained as to be 80 percent or more opaque between 2 and 6 feet above average ground level when viewed horizontally. A masonry or wood opaque structure may be substituted for the landscaped buffer.

Where the PRD is being proposed within the Environmental Sensitive Lands-2 land use district, as provided for in the Comprehensive Plan, the following standards shall apply instead of the standards in 3.02.04 above:

(a)

The development shall maintain 50 percent of the total land area as an undeveloped area.

(b)

The developed portions of the PRD shall be compact and contiguous and generally located on the highest portions of the site.

(c)

A minimum 200-foot buffer shall be maintained around the perimeter of the development. A 75-foot buffer shall be maintained along all rivers, streams, and creeks, and a 50-foot buffer shall be maintained along all the shores of all lakes, ponds and wetlands. These buffers may be included in the 50 percent undeveloped area.

(d)

The developed area shall be configured in such a manner as to permit continued agriculture and/or silviculture uses of the undeveloped area.

(e)

The developed area of the development, shall be located outside of:

(1)

Wetlands;

(2)

Floodplain;

(3)

Native upland vegetation; and

(4)

Active agricultural areas.

If the entire development site consists of any or a combination of such areas, the developed area shall be located in the least sensitive of such areas. Least sensitive areas shall be determined according to the order of priority of the above listing of such areas from most sensitive to least sensitive. In addition, if any developed area is located within any such sensitive areas, the development of such area shall be in accordance with the floodplain and wetland policies contained in the Conservation Element of this Comprehensive Plan;

(f)

The development shall have direct access to a paved road. All internal roads shall be so located in order to minimize the number of access points to external roadways.

(a)

The applicant shall submit to the Planning Director a Preliminary Development Plan for the PRD containing the following:

(1)

A statement of objectives describing:

a.

The general purpose of the proposed development; and

b.

The general character of the proposed development.

(2)

A vicinity map showing the location of the proposed PRD in relation to:

a.

Surrounding streets and thoroughfares;

b.

Existing zoning on the site and surrounding areas; and

c.

Existing land use on the site and surrounding areas.

The Vicinity Map shall show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the Planning Commission determines information on a larger vicinity is needed.

(3)

A boundary survey and legal description of the property.

(4)

A topographic survey from the most recent United States Geological Service topographic survey may be used if more detailed topographic information is not available.

(5)

A site analysis map at the same scale as the Preliminary Development Plan described below shall be submitted indicating flood prone areas, areas with slopes greater than 5 percent, areas of soils which are marginally suited for development purposes and tree cover.

(6)

A site plan drawn at a scale of 100 feet to 1 inch:

a.

Proposed land uses.

b.

Lot sizes indicated either by lot lines drawn in their proposed location or a statement on the face of the Preliminary Development Plan concerning proposed lot sizes, including minimum lot sizes.

c.

Building setbacks defining the distance buildings will be set back from:

1.

Surrounding property lines;

2.

Proposed and existing streets;

3.

Other proposed buildings;

4.

The center line of streams and creeks;

5.

The high water line of lakes; and

6.

Other man-made or natural features which would be affected by building encroachment.

d.

Maximum height of buildings.

e.

Common open spaces.

f.

Streets and thoroughfares.

g.

Common outside storage areas.

h.

Screening, buffering, and landscaped areas.

(7)

Statistical information showing:

a.

Total acreage of the site;

b.

Maximum building coverage expressed as a percent of the area;

c.

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area; and

d.

Calculated gross density and net residential acreage for the proposed development.

(8)

A Utility Service Plan showing:

a.

Existing drainage and sewer lines.

b.

The disposition of sanitary waste and storm water.

c.

The source of potable water.

d.

Location and width of all utility easements or rights-of-way.

(9)

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

(b)

When the Planning Director has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed pursuant to the site plan review procedures in Article 12, except as follows:

(1)

The review by the Planning Commission shall be advisory to the County Commission. After review of the proposal, the Planning Commission shall prepare a report to the County Commission recommending approval, approval with conditions, or denial of the application.

(2)

The County Commission shall make the final decision on the application pursuant to the quasi-judicial procedures in Article 12.

(3)

If the Preliminary Development Plan for the PRD is approved, or approved with conditions, by the County Commission, the applicant shall submit a Final Development Plan, containing the same information as the Preliminary Development Plan, and complying with any conditions placed on the approval of the preliminary plan, within 12 months to the Planning Director. If a Final Development Plan is not submitted within this 12-month period to the Planning Director, the approval of the preliminary plan shall lapse and become void. The Board of County Commissioners may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made in writing to the Planning Director by the applicant prior to the expiration of the initial approval period.

(4)

The Planning Director shall approve the Final Development Plan if it conforms to the approved Preliminary Development Plan and all conditions imposed on the approval of the preliminary plan have been satisfactorily addressed on the final plan.

(c)

No building permit shall be issued for any portion of a proposed Planned Residential Development until the Final Development Plan has been approved.

(d)

A proposed substantial change in the approved Preliminary or Final Development Plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the Planning Commission and the Board of County Commissioners in the same manner as the initial application. A request for a revision of the Preliminary or Final Development Plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved Preliminary or Final Development Plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved Preliminary or Final Development Plan. Examples of substantial changes include, but are not limited to:

1.

Perimeter changes.

2.

Major street relocation.

3.

Change in building height, density, land use patterns, or buffers.

(e)

Minor changes, and/or deviations from the Preliminary or Final Development Plan which do not affect the intent or character of the development shall be reviewed by the Planning Director and shall be approved only if they are consistent with the original purpose, intent and overall design and integrity of the approved preliminary development plan. Examples of minor changes include, but are not limited to:

1.

Change in alignment, location, or length of local street.

2.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

3.

Reorientation or slight shifts in building locations.

(f)

If substantial construction, as determined by the Planning Director, has not begun within 2 years after approval of the Final Development Plan, the approval of the PRD shall lapse. The Board of County Commissioners may extend the period for beginning construction, at the request of the applicant for a period not to exceed an additional 2 years, provided the request for extension is made in writing to the Planning Director prior to the expiration of the initial approval period.

(g)

After completion of a PRD, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the Final Development Plan shall continue to be regulated in accordance with the approved Final Development Plan except as otherwise provided for herein.

(h)

Any unapproved deviation from the approved Final Development Plan shall constitute a violation subject to County code enforcement procedures and the County may immediately revoke the Final Development Plan until such time as the deviations are corrected or become a part of an approved amended plan.

(i)

The Board of County Commissioners may permit or require the phasing of a PRD. When provisions for phasing are included in the Final Development Plan, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services so that a failure to proceed with subsequent phases of development will have no adverse impact on the PRD or surrounding properties.

(a)

The regulations in this section shall apply within the 100-year floodplain of the Suwannee River within the unincorporated area of Gilchrist County.

(b)

As set forth in the comprehensive plan, the purpose of these regulations is to help protect and maintain the natural functions of the Suwannee River system in the county, including floodwater storage and conveyance, water quality assurance, and fish and wildlife habitat, while allowing for the appropriate use and development of the land.

(a)

As part of the review of preliminary subdivision plats, site and development plans, reclassification of lands, and special exception hearings within the 100-year floodplain of the Suwannee River System, the County shall take following actions:

(1)

Notify the Suwannee River Water Management District of the proposed development. The purpose of such notification is to provide opportunity for the District to coordinate, among appropriate agencies, the review and comments on the potential impact of such plans or proposals on the natural resources of the Suwannee River System.

(b)

Base the review of such development proposals on the best available information regarding the physical characteristics of the site, including floodplain and wetlands delineation, soil conditions, vegetative cover and critical wildlife habitat areas.

(c)

Provide for the evaluation of unique natural areas within the 100-year floodplain of the Suwannee River system. The identification of such areas shall be based on the best available information provided by the Suwannee River Water Management District or other appropriate sources, including but not limited to land cover and vegetative mapping, resource investigations, and special site investigations. Strategies for protecting unique natural areas shall be coordinated with state and regional resource management agencies.

(a)

The County shall require a 10-foot undisturbed regulated buffer along the property lines of public lands within the 100-year floodplain of the Suwannee River system for the purposes of visual screening, stormwater runoff and erosion control, public safety, and buffering potentially incompatible land uses. Variations in the width of this buffer shall be made only for cases of undue hardship and on a site specific review.

(b)

The areas within the 100-year floodplain, as designated by the Federal Emergency Management Agency, Flood Insurance Rate Map, dated August 16, 1988, of the Suwannee River system, which are located outside the designated urban development areas, shall conform with the densities specified within the Environmentally Sensitive Areas - 1 and Environmentally Sensitive Areas-2 categories.

(c)

Within the Environmentally Sensitive Areas-1 category, dwelling units may be clustered on smaller lots with no lot being less than 5 acres, if the site is developed as a Planned Residential Development and a density of 1 dwelling unit per 10 acres is maintained on the overall site.

(d)

The following uses shall be prohibited:

(1)

Intensive agriculture.

(2)

Non-residential uses such as industrial activities and non water dependent commercial uses.

(e)

The following uses may be allowed:

(1)

Resource-based activities, such as spring water bottling plants.

(2)

Water dependent commercial uses (such as marinas).

(3)

Campgrounds (including sites for travel trailers) of less than or equal to 100 campsites subject to maintaining a minimum distance from another campground within the 100-year floodplain of the Suwannee River System of ½ mile may be allowed as special exceptions and be subject to an intensity of less than or equal to .25 floor area ratio.

(f)

Inside designated urban development areas within the 100-year floodplain of the Suwannee River System, the density of residential uses shall be limited to no greater than 1 dwelling unit per 10 acres.

(g)

Development on the river berm shall be prohibited by requiring a minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of the Santa Fe and Suwannee Rivers be maintained for all single-family residential and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the Water Management. Exception shall be made for the provision of reasonable access to the river; and resource-based recreational activities within buffer areas.

(h)

All road construction and improvement projects within the 100-year floodplain of the Suwannee River System shall be designed in such a manner as to avoid any increase in floodway obstruction, any increase in the peak rate or volume of storm water runoff and any increase in pollutant loading to the receiving waters.

(a)

The Planning Commission shall serve as the County Historic Preservation Agency to meet the requirements and carry out the responsibilities of this section.

(b)

In addition to the powers and duties stated elsewhere in this Code, Planning Commission acting as the Historic Preservation Agency shall take action necessary and appropriate to accomplish the purposes of this Article. These actions may include, but are not limited to:

(1)

Surveying and inventorying of historic buildings and areas and archeological sites and the plan for their preservation and historic designation.

(2)

Recommending the designation of historic districts and individual landmarks and landmark sites.

(3)

Regulating alterations, demolitions, relocations and new construction to designated property.

(4)

Adopting guidelines for changes to designated property.

(5)

Working with and advising the federal, state and other appropriate governmental agencies and other agencies or boards of local government.

(6)

Advising and assisting property owners and other persons and groups including neighborhood organizations who are interested in historic preservation.

(7)

Undertaking educational programs which contribute to the awareness of the preservation of historic sites and structures.

(a)

A landmark, landmark site or historic district shall be presumed to have historical or archaeological significance if it meets at least 1 of the following criteria:

(1)

It is listed on the National Register of Historic Places or State of Florida Historical Register (State Master Site File).

(2)

It is within a district listed on the National Register of Historic Places or State of Florida Historical Register (State Master Site File) and has been requested for such designation by the owner of the site or structure or their agent.

(3)

It has been requested to be designated by the property owner or their agent upon approval of an application, with information as required by this Article, and amendment of the Historical Resources Map within the Comprehensive Plan (whether or not it is to be submitted for inclusion on the Florida Master Site File or for consideration for the National Register of Historic Places).

(b)

Consideration of the designation of a landmark and landmark site or a historic district shall be initiated by the filing of an application for designation by the property owner. The applicant shall complete an application form provided by the Planning Director which shall include:

(1)

A written description of the architectural, historical, or archeological significance of the proposed historic site or district and specifically addressing and documenting those related points contained the criteria for designation of property within this Article.

(2)

Date of construction of the structures on the property and the names of the former owners.

(3)

Photographs of the property.

(4)

Legal description and map of the property to be designated as a landmark, landmark site, or historic district.

(c)

On applications for the designation of historic districts, the applicant shall also submit:

(1)

Evidence of the approval of the district from 2/3 of the property owners.

(2)

A written description of the boundaries of the district.

(d)

The Planning Director shall determine when an application is complete and may request additional information when such application is determined to be incomplete.

(e)

Applications for such designation shall be considered as applications for amendment of the Historical Resources Map of the Comprehensive Plan.

(a)

Following the submission of a completed application the Historic Preservation Agency shall conduct a noticed public hearing on the proposed designation.

(b)

The Historic Preservation Agency shall recommend the designation of property as a landmark, landmark site, or historic district after the public hearing based upon one or more of the following criteria:

(1)

Its value is a significant reminder of the cultural or archeological heritage of the County, state or nation.

(2)

Its location is a site of a significant local, state, or national event.

(3)

It is identified with a person or persons who significantly contributed to the development of the County, state, or nation.

(4)

It is identified as the work of a master builder, designer, or architect whose individual work has influenced the development of the County, state, or nation.

(5)

Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance.

(6)

It has distinguishing characteristics of an architectural style value for the study of a period, method of construction, or use of indigenous materials.

(7)

Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development.

(8)

Its character is an established and geographically definable neighborhood, united in culture, architectural style, or physical plan and development.

(c)

After evaluating the testimony, survey information and other material presented at the public hearing, the Historic Preservation Agency shall make its recommendation for approval or denial to the Board of County Commissioners on the property or area under consideration. If the Agency recommends a designation, it shall explain how the proposed landmark or historic district qualifies for designation under the criteria contained in this section.

(d)

The Board of County Commissioners shall approve, modify or disapprove the proposed designation as an amendment to the Historic Resources Map of the Comprehensive Plan as provided in Chapter 163.3161 through 3215, Florida Statutes.

(e)

Upon denial of the application for designation, there shall be a 12 month waiting period before any applicant may resubmit the proposal unless the Historic Preservation Agency waives said waiting period based upon consideration of the following factors:

(1)

There is presented with such new written petition new evidence bearing upon the subject matter of the written petition, which could not reasonably have been presented to the Agency at the tine of the previous hearing on the written petition; or

(2)

Failure to waive said 12-month waiting period constitutes a hardship to the applicant resulting from mistake or inadvertence.

(f)

The designation of any landmark, landmark site, or historic district may be amended or rescinded through the same procedure used for the original designation.

(a)

Certificate of Appropriateness Required. No person may undertake the following actions affecting a designated landmark or landmark site without first obtaining a Certificate of Appropriateness from the Historic Preservation Agency:

(1)

Alteration of an archeological site or the exterior part or premises of a building or a structure.

(2)

New construction.

(3)

Demolition.

(4)

Relocation.

(b)

Review of New Construction and Alterations. Review of new construction and alterations to designated buildings and structures shall be limited to exterior changes visible to the public. The Planning Director is authorized to issue a Stop Work Order whenever any alteration, new construction, demolition or relocation is undertaken on a designated landmark or a designated landmark site, without a Certificate of Appropriateness.

(1)

A Certificate of Appropriateness shall be in addition to any other building permits required by law. The issuance of a Certificate of Appropriateness from the Agency shall not relieve the property owner of the duty to comply with other state and local laws and regulations.

(2)

Ordinary repairs and maintenance, that are otherwise permitted by law, may be undertaken without a Certificate of Appropriateness provided this work on a designated landmark or a designated landmark site does not alter the exterior appearance of the building, structure, or archeological site, or alter elements significant to its architectural or historic integrity.

(3)

No Certificate of Appropriateness for alteration, new construction, demolition, or relocation pursuant to the provisions of this Article shall be effective for a period of 15 days subsequent to the Historic Preservation Agency's decision. If during that 15-day period an appeal is made to the Board of County Commissioners, the decision of the Historic Preservation Agency shall automatically be stayed pending Board of County Commissioners review.

(c)

Application Procedure for Certificate of Appropriateness. Each application for a Certificate of Appropriateness shall be accompanied by the required fee. The Planning Director shall forward to the Agency each application for a permit that would authorize an alteration, new construction, demolition or relocation affecting a designated landmark or a designated landmark site. The applicant shall complete an application form provided by the Planning Director containing in part the following information:

(1)

Drawings of the proposed work.

(2)

Photographs of the existing building or structure and adjacent properties.

(3)

Information about the building materials to be used.

The Planning Director shall determine when an application is complete and may request additional information when such application is determined to be incomplete.

(d)

Public Hearings for Certificates of Appropriateness. The Historic Preservation Agency shall hold a quasi-judicial hearing on each Certificate of Appropriateness on a completed application. The Agency shall approve, approve with conditions, or disapprove each application, based on the criteria contained in this section.

(e)

Review Guidelines. In approving or denying applications for Certificates of Appropriateness for alterations, new construction, demolition, or relocation, the Agency shall use the following general guidelines:

(1)

The effect of the proposed work on the landmark or the property upon which such work is to be done.

(2)

The relationship between such work and other structures on the landmark site or other property in the historic district.

(3)

The extent to which the historic, architectural, or archeological significance, architectural style, design, arrangement, texture, materials, and color of the landmark or the property will be affected.

(4)

Whether the denial of a Certificate of Appropriateness would deprive the property owner of reasonable beneficial use of his or her property.

(5)

Whether the plans may be reasonably carried out by the applicant.

(f)

Additional Standards for Demolition Applications. The following additional standards apply to applications for a Certificate of Appropriateness for demolition:

(1)

No Certificate of Appropriateness for demolitions shall be issued by the Historic Preservation Agency until the applicant has demonstrated that no other feasible alternative to demolition can be found. The Agency may ask interested individuals and organizations for assistance in seeking an alternative to demolition.

(2)

On all demolition applications, the Agency shall study the question of economic hardship for the applicant and shall determine whether the landmark can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Agency shall also determine whether the applicant can obtain a reasonable return from his or her existing building.

(3)

The Agency may ask applicants for additional information to be used in making these determinations including, but not limited to, evidence that the plans for a new building on the site will be implemented. If the applicant fails to establish the lack of a reasonable beneficial use or the lack of a reasonable return, the Agency shall deny the demolition application.

(4)

The Agency may grant a Certificate of Appropriateness for demolition even though the designated landmark or designated landmark site has reasonable beneficial use if:

a.

The Agency determines that the property no longer contributes to a historic district or no longer has significance as a historic, architectural or archeological landmark.

b.

The Agency determines that the demolition of the designated property is required by a community redevelopment plan or the Comprehensive Plan.

(a)

The Neighborhood Commercial Overlay District is intended to provide small scale retail service establishments which serve the convenience needs of adjacent areas within the designated urban development areas and the rural areas of the County.

(b)

In the event of a conflict between the zoning district regulations and those governing an overlay district, the regulations governing the overlay district shall prevail.

(Ord. No. 2023-07, § 1, 7-17-2023)

(a)

The Neighborhood Commercial Overlay District is designed to be utilized in areas where the County's population and need warrants the location of small retail service establishments to serve the surrounding neighborhood in which the intended use is to serve.

(b)

The Neighborhood Commercial Overlay District may not be located in areas where such overlay will create negative impacts to existing traffic patterns.

(c)

Proposed uses and/or developments in the Neighborhood Commercial Overlay District must have general compatibility and harmony with the uses and structures located on adjacent and nearby properties.

(d)

Per Policy 1.2.2(2) of the Comprehensive Plan, Neighborhood Commercial activities shall be located within one-quarter mile of an intersection of an arterial street with a collector road or an intersection of two collector roads.

(e)

An application for creation of a Neighborhood Commercial Overlay District shall be reviewed in accordance with the special mapping procedures established in Section 12.07 of this Code.

(Ord. No. 2023-07, § 1, 7-17-2023)

(a)

The use regulations in this section shall control over the use regulations of the underlying land use district.

(b)

The following uses are allowed by special use permit:

(1)

Retail commercial outlets for sale of food, hardware, and drugs, not to exceed 14,000 square feet of gross floor area.

(2)

Service establishments, such as barber or beauty shops, shoe repair shops, restaurants, and self-service laundries or dry cleaners, not to exceed 5,000 square feet of gross floor area.

(3)

Commercial establishments that are directly related to nature-based tourism and recreation, not to exceed 5,000 square feet of gross floor area.

(4)

Religious facilities, not to exceed 15,000 square feet of gross floor area.

(5)

Vehicular service offering for sale at retail of any fuels, commonly referred to as convenience stores, not to exceed 6,000 square feet of gross floor area. For vehicular service uses where canopies are attached to the building, the total square foot of gross floor area shall include the square footage of the attached canopy. For vehicular service uses where canopies are not attached to the building, the total square foot of gross floor area shall not include the square footage of the canopy.

(6)

Day Care Center, not to exceed 5,000 square feet of gross floor area.

(7)

Business and professional offices, not to exceed 5,000 square feet of gross floor area.

(c)

The following uses shall be prohibited:

(1)

Residential.

(2)

Manufacturing or industrial.

(3)

The repair or maintenance of automobiles, trucks, tractor trailers, recreational vehicles; paint and body shops; and similar uses.

(4)

Any and all uses and/or structures not specifically, provisionally, or by reasonable implication permitted herein.

(d)

Minimum dimensional requirements and development design and improvement standards:

(1)

Minimum dimensional requirements shall be in accordance with the underlying land use district in which the property is located; except, irrespective of the land use district and in accordance with Policy 1.2.2(4) of the Comprehensive Plan, the maximum floor area ratio shall not exceed a 0.25 floor area ratio.

Example: For properties located in the Agriculture-1 land use district, the minimum dimensional requirements shall be in accordance with Section 2.05.04 of this code; however, the floor area ratio shall not exceed the 0.25 established in Policy 1.2.2(4) of the Comprehensive Plan.

(2)

Development design and improvement standards shall be in accordance with Article 6 of this code.

(e)

Sales, display, preparation, and storage shall be conducted completely within an enclosed building, and no more than 20 percent of the floor area shall be devoted to storage.

(Ord. No. 2023-07, § 1, 7-17-2023)