Unless otherwise provided in these land development regulations, in all land use districts, accessory uses and structures shall be clearly incidental and subordinate to a principal use or structure; provided that, in the Environmentally Sensitive Area-2, Agriculture-2, Agriculture-3, and Agriculture-4 land use districts, accessory structures shall be permitted prior to a principal use or structure on lots five (5) acres or greater. In addition, for any lot located in the Environmentally Sensitive Area-2 or Agriculture-2 land use districts which are located within 1,320 feet of the Santa Fe River or Suwannee River shall be permitted to erect one (1) accessory structure prior to a principal use or structure.

(Ord. No. 2010-08, § 1, 10-4-2010; Ord. No. 2024-06, § 1, 10-21-2024; Ord. No. 2025-05, § 1, 6-2-2025)

(a)

Accessory Structures shall not be located in the required front, side, or waterfront yards; however, may be located in rear yards not less than 5 feet from the rear lot line.

(b)

Accessory structures for the housing of persons, such as guest houses, shall not be located in any required yard, nor shall air conditioner compressor units be located in any required yard.

(c)

Structures used for water related activities such as boat docks, boat houses, and similar uses may be located anywhere in a required waterfront yard.

(d)

No manufactured building originally designed or intended to be used for residential purposes shall be used as an accessory storage building.

(e)

Setbacks for accessory structures shall be as follows:

(1)

Front: The established setback for the land use district.

(2)

Side and Rear: 5 feet.

(f)

Accessory structures permitted prior to a principal use or structure, in accordance with Section 7.01.01 above, shall be limited to electric service with a maximum of 60 AMPS.

(g)

All accessory structures located within a FEMA Designated Flood Hazard Area shall be subject to the applicable Floodplain Management standards established in Section 5.01 of this Land Development Code, the Florida Building Code, and ASCE 24.

(Ord. No. 07-10, § 5, 7-16-2007; Ord. No. 2010-08, § 1, 10-4-2010; Ord. No. 2025-05, § 1, 6-2-2025)

Not withstanding any other provisions of this land development code, no use may be made of land or water adjacent to any airport which will interfere with the operation of an airborne aircraft.

The following special requirements shall apply to each permitted use.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

No structure exceeding 150 feet in height above the established airport elevation shall be permitted within 5,000 feet of the approach or departure end of a runway.

Artificial Pond means a manmade isolated still body of water. A Borrow Area is not a pond; however a lawfully established and permitted Borrow Area may be converted into a pond as part of an approved reclamation plan, provided it meets all the requirements of this section and Section 7.07 (Excavation) below.

The following ponds are exempt from permitting under this section:

(a)

Ponds established for bona fide agricultural purposes in agriculture land use districts and which meet the Natural Resource and Conservation Service design standards and approved by the Gilchrist County Soil and Water Conservation District.

(b)

Ponds created to comply with stormwater management requirements of this Code.

(a)

Property on which an artificial pond is to be dug must have sufficient area to meet all setback and fencing requirements of this section.

(b)

A development permit must be obtained from the Planning Director.

(c)

The property must be fenced.

(d)

The pond must be set back a minimum of 25 feet from all property lines.

(e)

A pond that is over 10 feet in depth shall not be permitted within 100 feet of any existing potable water well.

(f)

A pond that is over 25 feet in depth shall not be permitted within 200 feet of an existing potable water well.

(g)

The area beginning at the mean high water line to a point 6 feet below the low water line shall be designed with a slope not to exceed 6 feet horizontal and 1 foot vertical.

A permit application for an Artificial Pond shall, at a minimum, include the following information:

(a)

Proof of permit or a letter of no action from the Suwannee River Water Management District and the Florida Department of Environmental Protection.

(b)

A site plan drawn to scale showing the dimensions of the pond and the setbacks from all property lines and any existing structures on the site.

(c)

A cross-section of the pond showing depth and slopes of the pond and the depth of the water table.

(a)

The permit issued by the Planing Director may contain reasonable conditions on the construction and maintenance of the pond.

(b)

Construction of the pond must be completed within 180 days of the issuance of the permit; however the applicant may request for a maximum of one 180-day extension, which may be granted by the Planning Director if the applicant is showing reasonable diligence in completing the pond.

(a)

Bed and Breakfast means a house, or portion thereof, where short-term guest lodging rooms are provided, and where the operator of the inn lives on the premises or in adjacent premises.

(b)

Bed and Breakfast Inns may be approved by special use permit as provided within this Code.

(a)

The exterior appearance of the structure shall be single-family in character.

(b)

The maximum number of rooms for guests shall be as follows:

(c)

The owner must live on the premises.

(d)

Separate toilet and bathing facilities for the exclusive use of guests must be provided.

(e)

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be 30 days in a 12-month period.

(f)

No cooking facilities shall be allowed in guest rooms.

(g)

Bed and breakfast establishments must comply with appropriate health permits, building and fire codes and business licenses as applicable to such use.

(h)

Signage, excepting historical markers located by federal, state or county agencies, shall be limited to 1 sign, not exceeding 6 square feet in area, with characters not exceeding eight 8 inches, non-illuminated (excepting flood lighting on each side of the sign).

(i)

In addition to the parking required for the residence, 1 parking space for each guestroom shall be provided as off street parking.

Such establishments are limited to fishing and hunting equipment sales and rental (excluding boats, motors, and trailers); camping equipment sales and rental; horse stables; gift and souvenir shops; scuba gear sales and rental; and the sale and rental of canoes, kayaks, inner tubes, bicycles, roller blades and other similar nature based sales and rentals of non-motorized equipment.

Such establishments are limited to commercial building space not greater than 2,500 square feet.

The regulations in this section apply to the construction and operation of drive-in theaters.

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

Excavation means an operation contained within one or more parcels of land where inert materials such as sand, clay, limerock, peat, and the like are removed from the parcel or parcels and transported elsewhere. The term excavation shall include the leveling, scraping, or reducing of a hill or rise of land, as well as the digging of a pit, hole, depression or valley. The term excavation shall not include removal of the spoils from a lawfully permitted swimming pool, pond, building site, or site plan.

(a)

Excavation and related operations are allowed only on land in an Agriculture land use district, and only if otherwise allowed under the Comprehensive Plan. Excavation operations are not allowed in recorded or unrecorded subdivisions, even if the subdivision is in an Agriculture land use district. Excavation activities shall be strictly prohibited in areas identified as Conservation or Environmentally Sensitive Lands under the Gilchrist County Comprehensive Plan.

(b)

Excavation activities shall meet all applicable resource conservation standards in Article 6 of this Code.

(c)

Setbacks for all excavations shall be a minimum of 30 feet from all rights-of-way, shared private access ways, and property lines of abutting property in separate ownership, as measured from the edge of the excavation area.

(d)

Any part of an excavation that is more than 10 feet in depth but less than 25 feet in depth shall be a minimum of 100 feet from any potable water well or septic system. Any part of an excavation that is more than 25 feet in depth must be a minimum of 200 feet from any potable water well or septic system.

(e)

The boundaries of the excavation area shall be a minimum of 100 feet from any residential structure.

(f)

Impact on roads, drainage and erosion shall be addressed on a case-by-case basis by the Planning Commission. The Road Department shall provide a required design and maintenance standards for all roadways to be used by heavy trucks and equipment.

(g)

A fence shall enclose the excavated area. The fence may be located anywhere within the property boundaries and must be at a minimum 6 feet high.

(h)

Reclamation shall re-establish the excavated and disturbed area in a manner that minimizes slopes and accomplishes re-vegetation. "Re-vegetation" shall mean using grasses, shrubs, trees and other vegetation native to the area, or an agriculture or silviculture crop suitable to the surrounding areas, all of which are well adapted to the soil conditions and planted in a manner appropriate to achieve permanent re-vegetation which will minimize soil erosion and surface water runoff, stabilize slopes and conceal the effects of the mining. Quality topsoil that is available on-site shall be stockpiled, segregated and retained on-site for re-vegetation during the reclamation process.

(i)

Part or all of the excavated area may be reclaimed as a pond, subject to the supplemental regulations for ponds. Where reclamation includes a pond, the slope of the pond shall not exceed 6 feet horizontal for every 1 foot vertical down to 6 feet below the low water line.

(j)

In an effort to enhance stabilization and site aesthetics and maximize the potential for beneficial use of the land, the slopes for areas disturbed outside the excavated area shall be reclaimed to a slope of 4 feet horizontal to 1 foot vertical, where such areas have been disturbed to a degree that created a slope steeper than 4:1.

(a)

An excavation operation that will exceed 2 acre in size, but will be less than 10 acres in size, must be authorized prior to commencement by a special use permit pursuant to the procedures in Article 12 of this Land Development Code. Excavation areas that will be 10 acres or greater in size may not commence unless approved pursuant to the Development of major impact procedures in Article 12 of the Land Development Code. Commencing a excavation operation without a permit as required herein, or under an expired permit, shall be a violation of this Code, subject to enforcement action.

(b)

For excavation areas 5-acres or less in size, the duration of the permit shall be 1 year, with the opportunity to renew the permit for additional 1-year periods up to a maximum of 5 years. For excavation areas greater than 5 acres up to the maximum of 10 acres, the duration of the permit shall be 2 years, with the opportunity to renew the permit for additional 2-year periods up to a maximum of 10 years.

(c)

Upon renewal, the excavation operation shall be inspected for and be brought into compliance with applicable State and local regulations, as well as the conditions of original permit prior to renewal of the special use permit, including but not limited to the approved phasing and related reclamation schedule.

(d)

Failure to renew a permit within 30 days from the date of expiration shall be deemed an abandonment of the excavation operation. Renewal of abandoned permits shall require payment of twice the normal permit fee, and the sum total of the prior years of operating the borrow area shall be counted towards the total life of the borrow area operation under paragraph (b) above.

(e)

The reviewing authority may require that the excavation of the borrow area be conducted in phases so as to expose the least amount of land surface practical at any time during the borrow area operations.

Regardless of the size of the proposed excavation area, a permit application shall include the following information:

(a)

A map and description showing current conditions on the site, including:

(1)

The location of existing property or right-of-way lines both for private and public property, streets, railroads, buildings, transmission lines, sewers, bridges, culverts, drain pipes, water mains, fire hydrants, and any public or private easements.

(2)

Any land rendered unusable for development purposes by deed restrictions or other legally enforceable limitations.

(3)

Topography of the site with contour lines at two-foot intervals and showing all water courses, water bodies, floodplains, wetlands, important natural features and wildlife areas, soil types, vegetative cover and any known historic or archaeological resources.

(4)

The parcel's existing land use and zoning designations.

(5)

A depiction of the abutting property within 400 feet of the proposal, not including public right of way in the measurement, showing land uses, locations of principal structures and major landscape features, densities of residential use, and traffic circulation systems.

(b)

A dust control plan showing effective means for controlling dust from the access road and excavation area.

(c)

One or more plans showing the location, size, sequencing, duration and depth of the proposed excavation; and the size of the property, distances from the excavation to all property lines, the location of the required fencing, and the location of any wells or sewage treatment systems (i.e. septic systems) with set back distances.

(d)

A stormwater management plan addressing erosion control and showing areas for retention, the capacity of the retention areas, and the infiltration rate of the retention areas. The Planning Director may require engineering from a Florida licensed engineer, if the applicant's stormwater plan does not adequately address retention.

(e)

Where an excavation area is in or abutting a utility easement, a letter from the utility indicating its approval of the excavation in or adjacent to the easement.

(f)

A reclamation plan showing compliance with the reclamation standards set forth above, and including a commitment to complete reclamation within 12 months of the expiration of a permit or the closure of the excavation operations, whichever comes first.

(g)

The applicant shall provide assurances that the applicant will be financially able to complete the approved reclamation plan, subject to the following:

(1)

Such assurances may be in the form of a performance bond or other surety and such financial guarantees shall be in an amount not less than 100% of the cost of reclamation.

(2)

The cost estimates for reclamation guarantee will be limited to the active phase of the excavation.

(3)

Upon formal written request to the Planning Director, the applicant may request a reduction in the amount or a complete release of the reclamation surety due to completion of some or all of the required reclamation. The Department must be allowed to enter and inspect the reclamation efforts prior to a final determination to reduce or release the surety.

(4)

If the County determines that the previously approved financial assurances do not demonstrate the financial ability to achieve the approved reclamation plan, the Department may, after a duly noticed public hearing, suspend or revoke the borrow area permit until such time as the permit holder provides additional or different surety.

(h)

When there is to be refueling or maintenance of machinery at the borrow area, a spill prevention control and counter-measures plan.

(i)

A copy of notification to Florida Department of Environmental Protection (DEP) and a statement from the DEP regarding compliance with the applicable provisions of Chapter 378, Florida Statutes and Chapter 62C, Florida Administrative Code.

(Ord. No. 2009-02, § 9, 2-16-2009)

(a)

A special family lot permit may be issued by the Planning Director on land in an Agricultural land use district for the use solely as a homestead by an individual who is the grandparent, parent, stepparent, adopted parent, sibling, child, stepchild, adopted child, or grandchild of the person who conveyed the parcel to such individual, notwithstanding the density or intensity of use assigned to the parcel in the Comprehensive Plan.

(b)

Any individual family member may only ever receive one family lot.

(c)

The parent tract of property, a portion of which is proposed for the creation of a family lot by an immediate family member, must be in fee simple ownership and be in use as a homestead by an immediate family member.

(d)

The parent tract of property must be a legal lot of record and shall not be located in a recorded or unrecorded subdivision and shall not be a non-conforming lot.

(e)

Once a family lot is created, the newly created family lot shall not be further split or subdivided pursuant to this section.

(Ord. No. 2009-11, § 1, 10-19-2009)

(a)

The family lot permit shall not be issued and recorded by the County until such time as the family member applies for a building permit to construct a residence on the lot.

(b)

No permit shall be issued for a family lot unless the lot complies with the following:

(1)

The remainder of the parent tract will be of a size and configuration that complies with all standards, including density and intensity standards for lots in the applicable land use district in the Comprehensive Plan and Land Development Code.

(2)

The newly created lot will be at least 75 feet wide and at least one acre in size and the lot length shall not exceed three times the lot width.

(3)

The newly created lot will contain a sufficient buildable area located outside the limits of any conservation areas including wetland and/or flood-prone areas and does not require access for ingress/egress through such conservation areas.

(4)

Access for ingress/egress to the newly created lot may be provided by easement, but such easement shall be shown on the recorded deed and certified boundary survey. No easement created under this section may be less than 30 feet wide for the purpose of ingress and egress, exclusive of any utility easements.

(5)

Right-of-way dedication may be required by the Planning Director for any newly created lot located within areas identified for future public roadways on the adopted Future Traffic Circulation Map.

(6)

The newly created lot shall meet all other applicable Land Development Code regulations.

(7)

The applicant provides the following:

a.

A completed application for a Family Lot Permit.

b.

Personal identification and proof of relationship to establish the required family member status of both the parent track property owner and the family member receiving the family lot permit.

c.

A recorded deed describing only the land encompassed by the family lot and including language giving notice that the subdivision of land is in accordance with the family lot provisions of the Land Development Code and of the prohibition of additional density conveyance addressed in subsection 7.08.01(e).

d.

A certified boundary survey of the newly created lot prepared by a Florida Registered Surveyor showing all easements, dimensions of the property, ingress and egress, public right-of-ways and legal description.

e.

Certification that the residence will become his or her homestead.

(Ord. No. 2009-11, § 1, 10-19-2009)

Notwithstanding other provisions of these land development regulations, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard subject to the specific regulations below.

(Ord. No. 2010-04, § 1, 8-16-2010)

No fence, wall or opaque hedge shall be permitted:

(a)

Within the public right-of-way line where there is an express right-of-way (described in deed or on a plat) or where a public right-of-way line has been created by prescriptive easement and such line is at least two feet from the wearing surface of the county road.

(b)

Within 2 feet of the right-of-way line if the right-of-way line has been created by prescriptive easement and such line is coterminous with the edge of the wearing surface of the county road.

(Ord. No. 2010-04, § 1, 8-16-2010)

Flea Market means the use of land, structures or buildings for the sale of goods, usually secondhand or cut-rate, by individuals or groups which lease the portion of the building or land from which they sell by the hour, day, week or month.

(a)

The outdoor sales of goods shall only be allowed in a lawfully established flea market, with the exception of the following land uses, which by their very nature, require the sales and displays to take place out doors:

(1)

A lawful temporary use operating under Section 7.20 of this Article;

(2)

The sale of new and used vehicles, including watercraft, in a land use district that allows such sales activity;

(3)

Equipment or vehicle rental establishments in a land use district that allows such rental activity;

(4)

Sale of monuments, tombstones, bird baths, statues and related items in a land use district that allows such sales activity;

(5)

Mobile home and portable building sales in a land use districts that allow such sales activity;

(6)

A plant nursery or produce stand in a land use district that allows plant nurseries and produce stands.

(b)

Any permanent structure used to shelter people or merchandise shall be required to obtain a building permit and shall be constructed in accordance with the Florida Building Code. "Permanent structure" as used herein shall mean a structure of any size used to shelter persons or property that is used during the operating hours of the flea market and kept in place when the flea market is closed. It does not include tarps, tents, canopies or other portable shelters that are dismantled and carried off the property or stored in a permanent shelter at close of each business day.

(c)

A flea market shall be required to meet the parking, landscaping and buffering requirements of Article 6 of this Code.

(a)

In accordance with Section 559.955, Florida Statutes, home occupation means any business operating, in whole or in part, from a residential property and meets the following criteria:

(1)

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling.

(2)

Parking related to the business activities of the home-based business complies with local zoning requirements and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Local governments may regulate the use of vehicles or trailers operated or parked at the business or on a street right-of-way, provided that such regulations are not more stringent than those for a residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence. Local governments may regulate the parking or storage of heavy equipment at the business which is visible from the street or neighboring property. For purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery.

(3)

As viewed from the street, the use of the residential property is consistent with the uses of the residential areas that surround the property. External modifications made to a residential dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

(4)

The activities of the home-based business are secondary to the property's use as a residential dwelling.

(5)

The business activities comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. Any local regulations on a business with respect to noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent than those that apply to a residence where no business is conducted.

(6)

All business activities comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids. Any local regulations on a business with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids may not be more stringent than those that apply to a residence where no business is conducted.

(b)

Home occupations shall be regulated in accordance with the requirements established in Section 559.955, Florida Statutes.

(Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Where a Home Occupation is allowed by Special Use Permit in Article 2 of this Code, a Special Use Permit shall required pursuant to the procedures in Article 12 of this Code, except where the home occupation meets all of the following conditions:

(1)

The home occupation will have no employees except persons permanently residing within the residence where the Home Occupation will be located.

(2)

There will be no signage on the residence indicating that a Home Occupation is located therein.

(3)

There will be no customers, clients, or other persons coming to the residence to do business with the Home Occupation.

(4)

The home occupation will not be housed in a building separate from the primary residence on the property.

(5)

There will be no more than one commercial vehicle, trailer, or vehicle/trailer combination associated with the Home Occupation on the premises.

(b)

Where a proposed home occupation meets all the conditions set forth in (a) above, and notwithstanding the requirement of a Special Use Permit elsewhere in this Code, the County Administrator may issue a Home Occupation Permit, and a record thereof shall be maintained by the Planning and Development Department.

(Ord. No. 2011-09, § 4, 7-5-2011)

(a)

Family-Oriented Use means a public park, public playground, religious facility, school, daycare center for children, or any combination thereof.

(b)

Sexually-Oriented Use means any use which presents itself as having the primary purpose of catering to adults for the provision of sexually-oriented entertainment. This shall include, but not necessarily be limited to, the following:

(1)

Any retail outlet presenting itself as having the primary purpose of catering to adults for the sale of sexually-oriented products in the form of books, magazines, DVDs, videos, toys, devices, lotions, clothing, and/or games.

(2)

Any entertainment venue presenting itself as having the primary purpose of catering to adults for the presentation of sexually-oriented movies, videos, DVDs, nude or seminude dancing, and/or other forms of sexually-oriented entertainment.

(3)

Any combination of the uses described in (1) and (2).

(Ord. No. 2024-06, § 1, 10-21-2024)

(a)

The County Commission finds and declares that:

(1)

Family-Oriented Uses and Sexually-Oriented Uses should be separated by a distance of at least 1000 feet to avoid jarring incompatibilities in the purposes, signage, appearance, and clientele of the two types of uses.

(2)

Family-Oriented Uses and Sexually-Oriented Uses can both be harmed by the proximity of the other due to the potential for actual or perceived danger or nuisance impacts, and the potential for legal challenges and other civil conflict arising out of such real or perceived impacts.

(3)

It is a substantial public purpose and benefit to prevent the harm, as described in (1) and (2) above, that may arise if Family-Oriented Uses and Sexually-Oriented Uses are located too close to one another.

(b)

By the enactment of this Section, it is the intent of the County Commission to prevent the potential harm described in (a)(1) and (a)(2) above.

(c)

It is not the intent of the County Commission to outlaw any use protected by the free speech or free exercise clauses of the federal or Florida constitutions.

(a)

No new Sexually-Oriented Use shall be allowed to locate within 1000 feet of a legally existing Family-Oriented Use.

(b)

No new Family-Oriented Use shall be allowed to locate within 1000 feet of a legally existing Sexually-Oriented Use.

(c)

The distance between two uses shall be determined by a straight-line measurement between the two closest points of the property boundaries of the respective parcels on which the uses are located.

(a)

It shall be the responsibility of an applicant to inform the County at the time of application for a building permit, site plan approval, or zoning compliance certificate, as to whether the proposed use will constitute either a Family-Oriented Use or a Sexually-Oriented Use.

(b)

No building permit, site plan approval, zoning compliance certificate, or certificate of occupancy, shall be granted by the County for a use that would violate the separation requirements of this Section.

(c)

The commencement of a new Family-Oriented Use or new Sexually-Oriented Use in violation of the separation requirements in this Section shall be a violation of this Code and shall be subject to abatement and enforcement as set forth in this Code.

Each mobile home shall be located on a stand permitting each unit to be sufficiently supported and anchored in compliance with the State Standards for Anchoring Mobile Homes. In addition, each mobile home shall have the wheels and axles removed, shall be placed as close to the ground as can be practicably accomplished and shall have the tongue or hitch portion of the mobile home removed unless permanently attached in such a manner that it cannot be readily removed.

A skirt or apron which is continually and properly maintained by the owner of the mobile home shall surround each mobile home between the bottom of the unit and the ground. Skirting material shall be opaque and consist of aluminum, brick, concrete block, stucco or vinyl.

(a)

It is the intent of this section to permit nonconformities to continue until they are voluntarily removed or removed as required by this section, but not to encourage their survival. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(b)

The casual, temporary, or illegal use of land or structures, or land and structures in combination, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use.

(c)

Where on the date of the adoption of this Land Development Code (January 1, 2007), the lawful use of land existed which would be permitted pursuant to a Special Use Permit under the terms of this Land Development Code, such use shall not be deemed a nonconforming use in such district, but shall without further action be deemed a conforming use in such district. However, any enlargement or expansion of such uses shall be subject to the procedures for securing a Special Use Permit.

Nonconforming Development means a structure and/or other physical alterations of the land that do not currently comply with this Land Development Code or the existing Gilchrist County Comprehensive Plan, but, at the time it was constructed, was in compliance with all then-existing Gilchrist County regulations, and was consistent with the then-existing Gilchrist County Comprehensive Plan. Nonconformity may be the result of noncompliance with requirements relating to setbacks, floor area ratio, parking, landscaping, stormwater management, flood protection, building height, and other such requirements in this Land Development Code and the comprehensive plan.

Nonconforming Lot means a lot or parcel that does not currently comply with this Land Development Code or the existing Gilchrist County Comprehensive Plan, but, at the time it was created, was in compliance with all Gilchrist County regulations, including subdivision requirements, and was consistent with the Gilchrist County Comprehensive Plan, in effect at the time the lot or parcel was created.

Nonconforming Use means a use of land or structure that does not currently comply with this Land Development Code or the existing Gilchrist County Comprehensive Plan, but, at the time it was established, was in compliance with all then-existing Gilchrist County regulations, including zoning or land development regulations, and was consistent with the then-existing Gilchrist County Comprehensive Plan, and which has continued without any cessation of the use for a period of more than 12 consecutive months. A use shall be considered nonconforming if the characteristics of the use, such as a residential density or commercial intensity, do no comply with current regulations or Comprehensive Plan requirements.

(a)

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

(b)

A nonconforming use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

The nonconforming use shall not be enlarged, increased, intensified, or extended to occupy a greater area of land or structure.

(2)

If a nonconforming use ceases for any reason (except when governmental action impedes access to the premises) for a period of more than 12 consecutive months, any subsequent use of such land shall conform with the regulations specified by these land development regulations for the district in which such land is located.

(3)

A nonconforming use may not be changed to another nonconforming use unless the change is to another nonconforming use of the same character, or to a more restricted but nonconforming use. Such change must be approved by the Planning Commission which must find, after a quasi-judicial hearing, that the proposed use is equally or more appropriate to the district than the existing nonconforming use and that the relation of the structure to surrounding properties is such that adverse effects on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the Planning Commission may require appropriate conditions and safeguards.

(a)

Nonconforming lots shall be eligible for the issuance of residential building permits and/or Special Use Permit as provided for under the land use district the subject property is located in, subject to all other provisions of this Land Development Code and the Gilchrist County Comprehensive Plan, including setbacks, lot coverage, and concurrency. Provided, however, that in order to receive a building permit to construct a residence or other structure that will be served by an onsite sewage disposal system, the nonconforming lot must be at least 10,000 square feet in size.

(b)

No portion of a nonconforming lot shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Land Development Code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Land Development Code.

(Ord. No. 07-10, § 6, 7-16-2007; Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Nonconforming development may be continued in use so long as it remains otherwise lawful, and subject to the limitations in (b) below.

(b)

Nonconforming development is subject to the following:

(1)

No nonconforming structure may be enlarged or altered in a way that would increase the nonconformity of the development. For example, a structure could not be increased in size if to do so would increase the need for parking on a site that already failed to meet current parking requirements.

(2)

In no event shall the total square footage of a nonconforming structure be increased so that its total square footage would be more than 50 percent greater than the original maximum lawfully-created square footage of the structure.

(3)

Should a nonconforming structure be destroyed by any means to an extent of more than 50 percent of its replacement value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Land Development Code.

(4)

Should a nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform with the regulations for the district in which it is located after it is moved.

(5)

Any nonconforming development may be altered to decrease its nonconformity.

(a)

For the purposes of this subsection, the term "existing mobile home" shall mean mobile homes which existed as of the effective date this land development code, (January 1, 2007).

(b)

In those districts which do not permit the erection of new mobile homes but do permit existing mobile homes, such existing mobile homes may be removed and replaced by another mobile home, provided:

(1)

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

(2)

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

Animal Shelter means any for-profit or not-for-profit facility primarily intended to provide for the temporary accommodation of 10 or more adult dogs or cats at any given time (in addition to any personal household pets or litters of animals not more than 6 months of age) until more appropriate disposition of such animals can be made. An animal shelter may include accessory office facilities, in fully enclosed buildings, used for administrative activities typically associated with an animal shelter, including, but not limited to adoption services.

Wild Animal means all animals which are identified as Class I or Class II Wildlife by the Florida Fish and Wildlife Conservation Commission, as listed in Chapter 68A-6.002 of the Florida Administrative Code.

Commercial Kennel means an establishment in which 10 or more adult dogs or cats (in addition to personal household pets or litters of animals of not more than 6 months of age), are kept, raised, bred, trained, or boarded at any given time for commercial purposes. Commercial purposes may include, but are not limited to, conducting any of the activities listed above for others for profit.

Livestock means any animal which is normally raised for riding, food, milk, eggs, or wool for local consumption or sold to others. Livestock includes all animals of the equine, bovine, ovine or swine class, as well as animals considered to be poultry. Animals considered to be livestock will include, but are not limited to: goats, sheep, mules, horses, hogs, cattle, chickens, turkeys, quail, pheasant, and the like.

Household Pet means any historically domesticated animal, kept for hobby or companionship rather than utility, including, but not limited to dogs, cats, aquarium fish, birds, rodents, rabbits, non-venomous reptiles, and the like. Household pets do not include wild animals or livestock as defined herein.

(Ord. No. 2010-08, § 2, 10-4-2010)

(a)

A special use permit shall be required for the following:

(1)

The keeping, raising, and breeding of any number of Class I and Class II animals for commercial or non-commercial purposes.

(2)

Establishing a commercial kennel or animal shelter as defined herein.

(3)

The keeping, raising, and breeding of any number of American Alligators or venomous reptiles for commercial or non-commercial purposes.

(4)

The raising and breeding of tropical birds for commercial purposes.

(5)

The raising and/or breeding of rodents.

(b)

The following standards must be met before a special use permit for the foregoing may be issued:

(1)

The subject property is within an A2, A3, A4, A5, or Industrial land use district, and is not located within a recorded or unrecorded subdivision.

(2)

The following setbacks shall be maintained:

(a)

Open runs, open buildings used for housing of animals, or areas where animals can run free: 300 feet from any property line.

(b)

Buildings and runs that are completely enclosed and climate controlled: 100 feet from any property line.

(c)

Buildings and runs that are not completely enclosed and climate controlled may be constructed with a setback of less than 300 feet, but in no event less than 100 feet, if it is determined that screening and sound abatement methods sufficient to protect adjacent properties will be used.

(3)

The number and type of animals to be housed on the property shall be set forth on the permit and shall not exceed the number of animals that the property can accommodate without the creation of nuisance conditions or negative impacts on surrounding properties.

(4)

Buildings shall be constructed with a concrete floor providing proper drains, which flow into an approved sanitary sewer system.

(c)

The activities outlined in (b) above which were lawfully commenced prior to the date of adoption of this Land Development Code, [January 1, 2007], shall be considered lawful nonconforming uses. No new or additional animals will be permitted on these lots unless a special use permit is granted in accordance with this section.

(Ord. No. 2010-08, § 2, 10-4-2010)

The keeping, raising, and breeding of household pets, as defined in this section, for non-commercial purposes, is permitted by right as an accessory use in all land use districts provided that the numbers and actions of such animals do not create a nuisance to the public at large or create a nuisance in the immediate area.

(Ord. No. 2010-08, § 2, 10-4-2010)

(a)

On lots or parcels of 2.5 acres or less in recorded or unrecorded subdivisions, the maximum animal units allowed shall be 1 per acre.

(b)

The following table establishes what constitutes one animal unit. Animal units are based on per acre.

(c)

In addition to the animal units allowed above, the following may be kept on the property:

(d)

Notwithstanding the foregoing, additional animals may be kept on the property for not more than a 6-month period when the keeping of such animals is for a 4-H or FFA project.

(Ord. No. 2010-08, § 2, 10-4-2010; Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Permanent accessory dwelling structures are allowed only in the Agriculture land use districts, subject to the standards below.

(b)

For purposes of determining the applicability of impact fees and special assessments, a permanent accessory dwelling, whether attached to the primary dwelling or not, shall be treated as a separate residential dwelling unit.

(c)

The standards below shall apply notwithstanding conflict with other provisions of this Code relating to accessory uses, including Section 7.01 (Accessory Uses) of this Article.

(d)

It is the intent of the regulations in 7.16.02(a) below to limit the allowable permanent accessory dwelling unit to a small, truly accessory unit that shall not constitute a separate dwelling unit for purposes of determining compliance with the density limitations in the comprehensive plan.

(e)

Where the permanent accessory dwelling unit is being proposed on a lot within a recorded subdivision, the application for the unit shall include a written and signed opinion by a title company or licensed Florida attorney that the proposed dwelling unit will not conflict with restrictive covenants, deed restrictions, or other applicable private restrictions on the use of the lot.

(Ord. No. 07-10, § 7, 7-16-2007)

(a)

If the accessory dwelling is proposed on a lot in a recorded or registered unrecorded subdivision, or if the accessory dwelling is proposed on a parcel that is not in a recorded or registered unrecorded subdivision, but which is developed at greater than 2 the density allowed under the comprehensive plan, then the following standards apply:

(1)

Both the primary dwelling and the accessory dwelling must be constructed as a site-built or modular structure.

(2)

No more than 1 accessory dwelling structure, in addition to the primary dwelling, shall be placed on the lot or parcel.

(3)

The lot or parcel on which the accessory dwelling structure is to be placed is no less than 10,000 square feet in size, and no less than 100 feet in width.

(4)

The accessory dwelling structure may be attached to the primary residential structure, or it may be detached so long as it is no less than 15 feet or more than 75 feet away from the primary structure. This shall be measured exterior wall to exterior wall.

(5)

The accessory dwelling shall be no smaller than 400 square feet and no greater than 1000 square feet, and in all cases shall be smaller and clearly subordinate to the primary dwelling.

(6)

The total lot coverage allowed in the applicable land use district shall not be violated, or made more non-conforming, by the addition of the accessory dwelling.

(7)

Before obtaining a building permit for an accessory dwelling unit the property owner shall record in the official county records a declaration of restrictions containing a reference to the deed under which the property was acquired by the owner/applicant, to be binding on the current owner and all future successors in ownership of the property, and providing that:

a.

the accessory unit shall not be sold separately from the primary dwelling unless a division of the property is approved by Gilchrist County; and

b.

that under no circumstances shall the existence of the accessory dwelling unit be grounds for a variance or any deviation from applicable Gilchrist County subdivision regulations.

(b)

If the accessory dwelling is not in a recorded or registered unrecorded subdivision, but which is developed at less than or equal to 2 the density allowed under the comprehensive plan, then the following standards apply:

(1)

Both the primary dwelling and the accessory dwelling must be constructed as a site-built or modular structure.

(2)

No more than 1 accessory dwelling structure, in addition to the primary dwelling shall be placed on the parcel.

(3)

The accessory dwelling structure will be no larger in size than the primary dwelling and shall not exceed 35 feet in height.

(4)

The lot or parcel on which the accessory dwelling structure is to be placed shall be no less than 10,000 square feet in size, and no less than 100 feet in width.

(5)

Before obtaining a building permit for an accessory dwelling unit the property owner shall record in the official county records a declaration of restrictions containing a reference to the deed under which the property was acquired by the owner/applicant, to be binding on the current owner and all future successors in ownership of the property, and providing that:

a.

the accessory unit shall not be sold separately from the primary dwelling unless a division of the property is approved by Gilchrist County; and

b.

that under no circumstances shall the existence of the accessory dwelling unit be grounds for a variance or any deviation from applicable Gilchrist County subdivision regulations.

(a)

Requiring County authorization prior to the installation or activation of an electric power supply to a parcel of property within the unincorporated area is an important means of regulating land uses within the County. Limiting the installation or activation of an electric power supply to a parcel of property helps prevent the establishment of uses, or the construction of buildings, that are inconsistent with the provisions of this Code and/or the Building Code. The intent of this Section is to establish uniform standards for County authorization of installation or activation of electric power supply.

(b)

Whenever an electric power company requests a land use compliance determination from the County prior to the installation or activation of an electric power supply to a parcel of property within the unincorporated area, the standards below shall be applied in determining whether to grant such authorization.

(a)

On a subject property which contains a primary residential structure, one or more power poles, with no limit on amps, may be approved.

(b)

On a vacant subject property, the following may be approved:

(1)

A single power pole of 60 amps for a well only.

(2)

If the subject property is vacant, one or more power poles of unlimited amps for the purpose of operating irrigation or other agricultural equipment requiring higher amps. An inspection by the County shall be required to establish the existence of the agricultural equipment.

(c)

Temporary Uses as stated in Section 7.21.01 may receive a single power pole not to exceed 60 amps of service if a temporary use permit has been obtained. Upon the expiration of the temporary use permit, the power pole shall be removed or disconnected.

(Ord. No. 2009-02, § 10, 2-16-2009; Ord. No. 2024-06, § 1, 10-21-2024)

(a)

These provisions allow for the storage of racing vehicles, as defined herein, notwithstanding the general county prohibition on outdoor storage of unlicensed vehicles.

(b)

A Racing Vehicle is defined as a vehicle that is currently operable for a racing purpose and may not be legal for use on public roadways.

(a)

Racing vehicles must be in operable condition for the racing purposes for which the vehicle is intended.

(b)

Racing vehicles may not be stored on vacant property; there must be a principal structure on the property.

(c)

Racing vehicles must be stored behind the rear building line of the principle structure on the property.

(d)

If the racing vehicles are visible from adjacent non-vacant properties, fencing or some other opaque screening shall be provided to eliminate such visibility.

(e)

The property shall be maintained in a generally neat appearance with all tools, machinery, parts, tires and other paraphernalia associated with the racing vehicles stored in enclosed buildings or neatly stored behind screening so as not to be visible from adjacent properties.

Salvage Yard means any open area where inoperative, dilapidated, abandoned or wrecked materials are bought, sold, exchanged, stored, processed or handled as a principle or accessory use. This term shall include operations primarily engaged in the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, and operations engaged in the collection, sorting and shipping of materials for purposes of recycling or reuse. Typical materials found in a salvage yard include inoperable automobiles, trucks, tractors, wagons, boats or other kinds of vehicles and parts thereof, as well as scrap materials, scrap building materials, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, appliances, furniture and the like.

(a)

The setback from any property line which is in a residential district or which is shown for residential use on the future land use map shall be 300 feet.

(b)

The entire area occupied by a salvage yard shall be surrounded by a continuous solid masonry wall or opaque fence eight feet in height without openings, except for entrances and exits, which shall be equipped with solid gates. Materials stored in the salvage yard shall not be visible above the wall or fence, and shall not be placed in any required setback area. Fabric or plastic sheets or nets shall not be used as part of the fence or attached to a fence for the purpose of affecting the required opacity.

(c)

Salvage yards shall be limited to the Industrial land use district; except that recycling operation conducted in connection with a solid waste facility may be located in the Land use district where such solid waste facility are allowed, subject to any conditions or requirements related to the solid waste facility.

(a)

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

(b)

The following encroachments into required setback areas are specifically allowed:

(1)

Sills and belt courses may project into a required yard a maximum of 12 inches.

(2)

Chimneys, fireplaces, bay windows, or pilasters may project in a required setback area a maximum of 2 feet.

(3)

Fire escapes, stairways, and balconies which are unroofed and unenclosed may project a maximum of 5 feet into a required rear setback area, or a maximum of 3 feet into a required side setback area of a multiple dwelling, hotel, or motel.

(4)

Hoods, canopies, roof overhangs, or marquees may project a maximum of 3 feet into a required setback area, but shall not come closer than 1 foot to the lot line.

(5)

Fences, walls, and hedges are permitted in required setback area, subject to the provisions of this Section.

(6)

Cornices, eaves, or gutters may project a maximum of 3 feet into a required setback area, provided that where the required setback area is less than 6 feet in width, such projection shall not exceed 2 of the width of the setback area.

(Ord. No. 2024-06, § 1, 10-21-2024)

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

(Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Certain uses are temporary in character. They vary in type and degree, as well as length of time involved. Such uses may have little impact on surrounding and nearby properties or they may present questions involving potential incompatibility of the temporary use with existing uses.

(b)

Depending on their character and potential for negative impact on the public, temporary uses may be authorized either by a Special Use Permit approved by the Planning Commission, or a Temporary Use Permit issued by the County Administrator.

(c)

The following temporary uses may take place only if authorized by a Special Use Permit issued by the Planning Commission:

(1)

Circuses, carnivals and fairs where the attendance at any one time is expected to exceed 250 persons.

(2)

Music festivals and outdoor concerts where the attendance at any one time is expected to exceed 250 persons.

(3)

Temporary uses of similar size and character that, in the judgment of the County Administrator, should be subject to review by the Planning Commission.

(d)

The following temporary uses may take place only if authorized by a Temporary Use Permit issued by the County Administrator:

(1)

A circus, carnival or fair where the expected attendance at any one time is expect to be 250 persons or less.

(2)

A music festival or outdoor concert where the expected attendance at any one time is expect to be 250 persons or less.

(3)

Christmas tree sales lots.

(4)

The temporary sale of seasonal agricultural products at a location away from where the product was grown.

(5)

Other uses which are similar to (1) through (4) above and which will not extend beyond 30 days.

(6)

Manufactured buildings used for temporary purposes by any agency of municipal, county, state, or federal government; provided such use shall not be nor include a residential use.

(7)

Manufactured buildings or recreational vehicles used as a residence, temporary office, security shelter, or shelter for materials or goods, incident to construction on or development of the premises upon which the manufactured building or recreational vehicle is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the approval of the Board of County Commissioners which shall give such approval only upon finding that actual construction has begun and is continuing.

(8)

Temporary religious or revival activities in tents.

(9)

In addition to the principal residential dwelling, 1 additional mobile home used as an accessory residence, provided that such mobile home is occupied by persons related by blood, adoption, or marriage to the family occupying the principal residential use. Such mobile home shall be subject to minimum setbacks, and shall not be located within 20 feet of any building. Such mobile home is exempt from lot area requirements, except that within the ESA land use district the minimum lot size shall be 2 acres. A permit for such mobile home may be granted for a time period up to 2 years, and when the permit expires, the applicant may reapply for a new permit.

(Ord. No. 2011-06, § 1, 6-6-2011; Ord. No. 2012-11, § 1, 7-2-2012)

(a)

Prior to granting the special use permit or temporary use permit, the Planning Commission or County Administrator, as the case may be, shall determine that:

(1)

Adequate measures will be taken to protect adjacent and nearby uses from adverse impacts, especially excessive noise.

(2)

Excessive vehicular traffic will not be generated on residential streets, and there is an adequate plan to provide safe ingress and egress to the use.

(3)

A vehicular parking problem will not be created.

(4)

Adequate measures will be taken to ensure the use will be conducted in a safe and sanitary manner.

(b)

The permit, if granted, shall be granted for a specific time period, at the end of which, if the use permitted has not been discontinued, it shall be deemed a violation of this Code.

(c)

The electric service and power pole shall meet the criteria established in Section 7.17.02. Further, once a temporary use permit has expired, the electric service and power pole must be removed or disconnected in accordance with Section 7.17.02(d).

(d)

Appropriate conditions and safeguards may include, but are not limited to, reasonable time limits within which the action for which temporary use permit is requested shall be begun or completed, or both. Violation of such conditions and safeguards, when made a part of the terms under which the permit is granted, shall be deemed a violation of this Code.

(e)

A Temporary Use Permit or Special Use Permit may authorize more than one occurrence of the authorized temporary use so long as there is adequate spacing of the events over time to protect the public interest. The timing and other restrictions on such recurrence shall be specifically addressed in the conditions of the permit.

(Ord. No. 2011-06, § 1, 6-6-2011; Ord. No. 2024-06, § 1, 10-21-2024)

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

(a)

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.

(b)

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.

(c)

Vehicle or Vehicular shall include cars, trucks, motorcycles, and marine craft including boats and personal watercraft. This shall not include "heavy vehicles or equipment."

The following supplemental standards shall apply to all vehicular service or vehicular repair use:

(a)

An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet.

(b)

A corner lot shall have a minimum area of not less than 20,000 square feet and an interior lot a minimum area of not less than 15,000 square feet.

(c)

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

(d)

No main or accessory building, no sign of any type, and no gasoline pump shall be located within 30 feet of the lot line of any property that is in a residential land use district.

(e)

No gasoline pump shall be located within 25 feet of any street right-of-way line.

(f)

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

(g)

For uses where there are self service gasoline pumps in conjunction with retail and commercial outlets for sale of food, hardware and/or drugs, there shall be no outside sales of oil, grease, and parts or accessories for automobiles.

(Ord. No. 2024-06, § 1, 10-21-2024)

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

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

The requirements of this Section shall not be deemed to prohibit any necessary retaining wall.

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

Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding commercial buildings under common ownership or unified control) shall not be issued for any such structure on less than a lot as platted within such subdivided land. Provided, however, that if a portion of a platted lot is conveyed to an adjoining lot owner, and the original platted lot remains conforming in size despite the conveyance, a permit may be issued for a principal structure on that lot.

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

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

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

Once a structure has been approved as the replacement of an existing dwelling, either through a Final Inspection or Certificate of Occupancy, the original dwelling must be moved off the property within 30 days of the date of the Final Inspection or Certification of Occupancy.

(Ord. No. 07-10, § 8, 7-16-2007)

Recreational Vehicle (RV). As defined in F.S. §§ 320.01 (l)(b) 1.—8., as amended.

(Ord. No. 07-03, § 1, 4-2-2007; Ord. No. 2012-09, § 1, 5-21-2012; Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Recreational vehicles are not considered to be single-family dwellings or mobile homes for the purposes of this Code. Recreational vehicles shall, therefore, not be used for permanent living, sleeping, or housekeeping purposes, unless they are specifically listed as being a permitted use or allowed by special use permit in the applicable zoning district.

(b)

Recreational vehicles that were permitted by the County as permanent residences prior to the adoption of this Section will be considered nonconforming uses, and will remain legal, subject to the regulations for nonconformities contained in this Land Development Code.

(Ord. No. 07-03, § 1, 4-2-2007; Ord. No. 2012-09, § 1, 5-21-2012; Ord. No. 2024-06, § 1, 10-21-2024)

(a)

Unless approved by a Temporary RV Use Permit as set forth below, recreational vehicles may only be set up and occupied for temporary living purposes within an approved campground or recreational vehicle park.

(b)

The County Administrator may grant a Temporary RV Use Permit to allow a recreational vehicle to be used for temporary living purposes on a subject property, located in an Agriculture or Environmentally Sensitive land use district, for a 30-day period. Temporary RV use permits issued under this section shall be limited to a maximum of five (5) renewals (a collective total of 180 calendar days) annually and shall be subject to the same standards and notification requirements established in Section 7.25.03(d) below, excluding the timeframe criteria established in Section 7.25.03(d)(4)1-4. below.

(c)

The County Administrator may grant a Temporary RV Use Permit to allow a recreational vehicle to be used for temporary living purposes, in any land use district, where a subject property owner will live in the recreational vehicle while the owner is building a home, or a replacement home is being set up, on the subject property where the recreational vehicle is to be located. This permit may be issued for a period of up to 12 months. Such permit may be renewed for a maximum of 2 additional 30-day periods if at the end of the initial 12-month period provided that substantial progress has been made on the construction of the house and the Building Permit is still valid. Once a certificate of occupancy is issued for the house, or a final inspection is approved for a mobile home, the recreational vehicle may no longer be used as a residence.

(d)

A Temporary RV Use Permit may be granted by the County Administrator for the use of a single recreational vehicle for temporary living purposes on a specific parcel of property subject to the following standards and requirements:

(1)

The subject property must be vacant and located in an Agriculture or Environmentally Sensitive land use district Provided, however, that accessory structures) may be permitted on the same parcel of property as the associated temporary RV use, subject to the requirements for accessory structures established in Section 7.01 of this code.

(2)

Temporary RV use permit shall only be issued to the owner of the subject property or the owner's immediate family, subject to a notarized authorization agreement from the owner. Under no circumstances shall more than one (1) temporary RV use permit be granted for a subject property at any time.

(3)

The proposed use must be compatible with the surrounding development and land use. In determining whether the use of a recreational vehicle for temporary living purposes would be compatible with surrounding development and land uses, the County Administrator shall consider:

a.

The extent to which surrounding parcels have been used for similar purposes in the past and/or are presently being used for such purposes.

b.

The extent to which the area may be considered more recreational than residential in character. For example, a parcel near surface waters or hunting lands may be considered more recreational in nature than a small lot in a largely built-out residential subdivision.

c.

The size of the subject property which the recreational vehicle would be placed, and the setback between the recreational vehicle and adjacent or nearby permanent residential uses.

d.

The extent to which the subject property and surrounding properties are unsuitable for the construction of permanent residential dwellings.

e.

The extent to which there is support or opposition to the granting of the permit by nearby property owners.

(4)

The permit shall contain conditions which:

a.

Establish the times during which the recreational vehicle may located on the parcel. This shall include, but not necessarily be limited to:

1.

The number of consecutive days that the recreational vehicle may be located on a subject property shall under no circumstances exceed 180 days per calendar year.

2.

If a genuine financial hardship exists, the County Administrator may grant a 180-day extension to a temporary RV use permit within the same calendar year, subject to the recreational vehicle being removed from the subject property for a minimum of one (1) day. A genuine financial hardship shall exist only if the applicant meets the following criteria:

A.

The applicant meets the poverty level income and asset guidelines utilized by the County in the administration of its social service program.

B.

The applicant provides documented proof, as required by the County Administrator, proving the applicant meets the poverty level income and asset guidelines utilized by the County in the administration of its social service program.

3.

If an applicant fails to remove the RV from the subject property after the expiration of the 180-day temporary RV use permit, the applicant shall be subject to code enforcement action and shall be subject to a fine, to be established by the Special Magistrate, per day for each day the RV remains on the subject property after the expiration date.

A.

Electric service shall be provided to the subject property and shall be connected to the RV. Electric service on the subject property shall not exceed 60 amps and shall be subject to the standards established in Section 7.17.02. Further, once a temporary use for a RV has expired, the power pole and electric service must be removed or disconnected in accordance with Section 7.17.02(d).

B.

Onsite sewerage disposal and potable water well shall be required on the subject property and shall be connected to the RV. A permit for the onsite sewerage disposal system and potable water well shall be obtained prior to any use of the subject property for the parking of a recreational vehicle. Further, connections to sanitary sewer and potable water must be via quick disconnects and not permanently connected.

C.

RVs shall not be located on blocks, foundations, or have the axles removed. RVs shall remain completely legal for street use, per Chapter 316, Florida Statutes, and shall not be in "disabled motor vehicle" status, as defined in Chapter 320.01(37), Florida Statutes.

D.

Address other potential negative impacts of the proposed use.

E.

Provide that any violation of the permit or conditions thereof shall subject the owner to code enforcement action pursuant to the County's code enforcement procedures, may result in the temporary RV use permit being revoked, and may render the applicant ineligible for any future temporary RV use permitting.

F.

Any deed restrictions for the subject property shall apply.

(5)

Should a temporary RV use permit be valid during an active permit for any type of dwelling or should any permanent place of dwelling be placed on the subject property, the temporary RV use permit shall become null and void upon issuance of the Certificate of Occupancy, Certificate of Completion, or time any permanent place of dwelling be placed on the subject property.

(6)

Violations:

Any permit issued for a temporary RV use permit is bound by the requirements of this section and any conditions of the permit. If the permittee commits a violation of this section and/or a condition of the permit, the permittee shall be subject to code enforcement action as set forth in Section 12.11 of this code.

(7)

Exemptions:

a.

In any land use district, for the purpose of providing temporary accommodations for up to seven (7) consecutive days, the use of an RV as an accessory use to a primary residence. Provided, in no circumstances shall more than one RV be allowed for the purpose of temporary accommodation on a subject property during the same seven (7) consecutive days, nor shall this exemption apply more than once within a 14-day period.

(8)

Notice of an application for a Temporary RV Use Permit shall be by Site Posting and Mailed Notice as described in Section 12.13 of this Land Development Code. The notices shall provide the date on which the County Administrator will make a decision on the application. The notices shall be provided no more than 30 day, nor less than 10 days, prior to the decision date. The notices shall provide that comments may be submitted to the County Administrator in writing by mail or email, or orally by telephone or in person at the County Administrator's office. The decision of the County Administrator may be appealed to the County Commission if a Notice of Appeal is filed with the Department within 20 days of the Director's decision. The Mailed Notice requirements of this section do not apply to property owners seeking renewal of a previously issued temporary RV use permit but shall be subject to the Site Posting requirements of this section. Detailed information may be requested by emailing permitting@gilchrist.fl.us or by calling 352-463-3171.

(Ord. No. 07-03, § 1, 4-2-2007; Ord. No. 2012-09, § 1, 5-21-2012; Ord. No. 2024-06, § 1, 10-21-2024; Ord. No. 2025-08, § 1, 8-18-2025 )

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

(Ord. No. 2015-07, § 3, 9-21-2015; Ord. No. 2024-07, § 1, 10-21-2024)

(a)

Solar Facility. A production facility for electric power which utilizes photovoltaic modules to convert solar energy to electricity that may be stored on-site, delivered to a transmission system, and consumed primarily off-site. A solar facility consists principally of photovoltaic modules, a mounting or rack system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components. A solar facility may include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory used and structures.

(Ord. No. 2015-07, § 3, 9-21-2015; Ord. No. 2024-07, § 1, 10-21-2024)

In addition to other applicable sections of this Code, a solar facilities shall be subject to the following provisions:

(a)

Solar facilities shall be a permitted use in all Agricultural land use districts and shall require the submittal of a site plan application. Within the Agricultural land use districts, the development shall be subject to the following criteria:

(1)

Solar facilities shall comply with the agricultural setback criteria as required in the dimensional requirements of the underlying agricultural land use district in which they are located.

(2)

Solar facilities shall comply with the established landscape criteria for agricultural uses and provide the buffers consistent with Section 6.05.03 of this Land Development Code.

a.

When adjacent to existing residential, public, or recreational uses, vegetative buffers shall be Type A Buffers, shall be a minimum of six (6) feet in height, and shall be comprised entirely of existing natural vegetation including native shrubs and grasses if such vegetation is of sufficient height and density. If the existing natural vegetation is not sufficient to meet these criteria, then supplemental native shrubs shall be utilized to meet the criteria. Supplemental plantings shall be of size and type to ensure the height and density requirement is met within twenty-four (24) months of planting.

(3)

Solar facilities are subject to all applicable regional, state, and federal regulations, and more specifically, as follows:

a.

Impacts to the wetlands may be allowed to the extent permitted by state, regional, and federal agencies, provided impacts are offset by mitigation consistent with said agencies.

b.

Solar Facilities shall be allowed in floodplains if authorized in an Environmental Resource Permit from the Florida Department of Environmental Protection or Water Management District and all construction is consistent with the requirements of Chapter 44 of the Code of Federal Regulations as well as the Gilchrist County floodplain management regulations.

c.

State or federally listed plant and animal species shall be protected pursuant to the requirements and recommendations of the Florida Fish and Wildlife Conservation Commission or the United States Fish and Wildlife Service.

(4)

Height: The following maximum height provisions shall apply:

a.

Security fencing: 8 feet; razor wire is prohibited.

b.

Solar panels or modules: 25 feet.

c.

There are no maximum height provisions for transmission lines, substations, and collector yards.

(5)

The owner shall provide a decommissioning plan in recordable form for prior approval by the Board of County Commissioners governing the removal and cleanup of the project site to run with the land as a restrictive covenant, governing the removal and cleanup of the subject property upon the occurrence of the facilities final operation, and upon such approval the owner shall then record the plan in the Official Records of Gilchrist County, Florida and provide the recorded document to the county for inclusion in its file.

(b)

Solar facilities shall be allowed by special use permit in the industrial land use district and shall require the submittal of a site plan application concurrent with the special use permit application. The development shall be subject to the following supplemental criteria:

(1)

Physical access to solar facilities shall be restricted by fencing or walls. Razor wire is prohibited. All fencing and wall details shall be shown on the required site plan.

(2)

Solar Energy Systems and equipment required to interconnect to and communicate with the electric utility's transmission or distribution system shall not be placed in wetlands, environmentally sensitive areas or habitats, imperiled and critically imperiled habitats defined by the Florida Natural Areas Inventory, and buffers. The development shall comply with the regulations of Article 5, Resource Protection.

(3)

Solar Energy Systems shall be located at least 100 feet from any lot line under separate ownership, unless otherwise approved by the Board of County Commissioners.

(4)

All solar facility sites must comply with the landscaping requirements of Section 6.05, Landscaping, and shall require a minimum twenty (20)-foot buffer containing 4 canopy trees, 1.6 understory trees, and 16 shrubs per 100 linear feet. A detailed landscaping and buffering plan with planting schedule shall be included on the required site plan.

(5)

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

(6)

Height.

a.

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

b.

Roof-mounted. Roof mounted systems shall not exceed thirty-five (35) feet in height.

(7)

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

(8)

Signage at the solar facility entrance shall not exceed forty (40) square feet displaying the facility name, address, and emergency contact information, unless additional signage is required by the National Electric Safety Code. The location of the sign shall be shown on the required site plan.

(c)

Neighborhood Meeting. Prior to making application for site plan approval or a special use permit for a solar facility, a neighborhood meeting must be held to educate the occupants and owners of nearby lands about the proposed development. The purpose of the neighborhood meeting is to receive comments, address concerns, and resolve conflicts and outstanding issues, where possible. The minimum requirements for a neighborhood meeting shall be as follows:

(1)

Neighborhood meetings shall be held in Gilchrist County at a location that is generally accessible to neighbors that reside in close proximity to the subject property.

(2)

Neighborhood meetings shall be scheduled after 5:00p.m. on a weekday or any time after 9:00 a.m. and before 7:00 p.m. on weekends.

(3)

Neighborhood meetings shall be noticed, as follows:

a.

Mailed notice shall be provided to all properties within 800-feet of the subject property a minimum of 10-days prior to the neighborhood meeting. Mailed notice shall be determined by the latest land records of the Gilchrist County Property Appraiser records.

b.

Notices shall contain the following information, at minimum:

i.

The application type and the name of the applicant or the applicant's agent.

ii.

The date, time, and place of the meeting.

iii.

A description of the land involved by street address or by tax parcel number and nearest cross street, and area (size).

iv.

The Future Land Use Map Designation.

v.

The nature and scope of the proposed application.

vi.

The applicant's or agent's contact information.

vii.

A statement describing where affected parties and the public may submit written comments or evidence prior to the meeting.

(4)

At the neighborhood meeting, the applicant shall explain the proposed development, inform attendees of the application and public hearing process, respond to comments and questions neighbors may have, and attempt to resolve any conflicts.

(5)

A written summary shall be kept of the neighborhood meeting. Written summary shall include:

a.

List of those in attendance.

b.

Summary of the issues related to the development proposal discussed.

c.

Comments by those in attendance about the development proposal, and any other information the applicant deems appropriate. The written summary of the neighborhood meeting shall be included with the application materials and be made available to the public for inspection.

(d)

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

(e)

Solar energy system electrical components shall have a UL listing or similar certification.

(f)

All active solar facilities and solar energy systems shall meet all requirements of the Florida Building Code and shall be inspected by the Gilchrist County Building Inspector; or his/her designee, as may be required.

(g)

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

(h)

The owner shall provide a decommissioning plan in recordable form for prior approval by the Board of County Commissioners governing the removal and cleanup of the project site to run with the land as a restrictive covenant, governing the removal and cleanup of the subject property upon the occurrence of the facilities final operation, and upon such approval the owner shall then record the plan in the Official Records of Gilchrist County, Florida and provide the recorded document to the county for inclusion in its file.

(i)

Any approval of a solar facility does not create any actual or inferred solar energy system easement against adjacent property and/or structures. The owner and/or property owner of a solar facility shall not infer or claim any rights to protective writs to any caused shadows or operating ineffectiveness against future development adjacent to or higher than the property location of the solar facility. The approval of any solar facility granted by Gilchrist County shall not create any future liability or infer any vested rights to the owner and/or property owner of the solar facility on the part of the County for any future claims against said issuance of approval of the solar facility that result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. No. 2015-07, § 3, 9-21-2015; Ord. No. 2018-05, § 3, 11-12-2018; Ord. No. 2024-07, § 1, 10-21-2024)