(a)

Where there is substantial doubt as to whether particular uses or classes of uses not specifically identified in these regulations are of the same general character as those listed as permitted principal or accessory uses, or uses permissible by special exception, upon request from the administrative official or on its own initiative, the planning commission shall make a determination on the matter, giving due consideration to the intent of this chapter concerning the district, the character of uses specifically identified, and the character of the use in question.

(b)

Requests for such determinations shall he made only by the administrative official, and shall not involve cases where the administrative official has made a negative finding, in which cases appeals shall be made to the land use and construction oversight commission on grounds of error in his determination. After determinations have been made by the planning commission appeals from its determinations may also be made to the commission on grounds of error.

(c)

Upon making its determinations, the planning commission shall notify the administrative official and any other officer or agency of the county likely to be affected by its findings.

(d)

If the planning commission finds that the particular use or class of use is of such an unusual or transitory nature, or is unlikely to recur frequently, unless its determination is reversed on grounds of error by the land use and construction oversight commission, the determination shall thereafter be binding without further action of amendment of the regulations as an administrative ruling. However, if the planning commission finds that the particular use or class of uses is likely to be common or recurrent, and that omission of specific reference in this article is likely to lead to public uncertainty, it shall initiate a proposed amendment rectifying the omission. Until final action on such proposed amendment, the determination of the planning commission shall be binding as an interim administrative ruling.

(Ord. No. 75-3, § 5.27, 8-25-1975)

TABLE OF ZONING DISTRICT USES

Key

C = Conditional/special exception

N = Not permitted

P = Permitted

Footnotes

(1)

As accessory use only.

(2)

Noncommercial; minimum lot size one acre.

(3)

When in conformance with Article V, Division 2.

(4)

When located within 1,000 feet of the intersection of a collector or arterial road.

(5)

No swine operations within 1,000 feet of a residence.

(6)

When materials stored are screened from off-site view, in an approved manner.

(7)

Places of assembly must provide (1) ten × 20 parking space for every two persons allowed in the occupancy class.

(8)

No grave, monument or building shall be closer than 25 feet to any boundary line of the property; crematory for human remains when accessory to and on the same premises as a cemetery, columbarium or mausoleum.

(9)

When in conformance with Ordinance 89-3.

(10)

When in conformance with Ordinance 2005-9.

ZONING DISTRICT ABBREVIATIONS

(Ord. No. 2004-12, § 4(exh. 4), 5-9-2006; Ord. No. 2006-26, § 2, 6-28-2006; Ord. No. 2006-26, § 1(exh. 1), 2-13-2007; Ord. No. 2007-4, § 1(exh. 1), 2-13-2007; Ord. No. 2007-17, art. VI, 7-23-2007; Ord. No. 2008-20, § 2(A), 7-28-2008; Ord. No. 2009-13, exh. 1, 7-27-2009)

MINIMUM STANDARDS FOR PRINCIPAL PERMITTED USES

1.

Multifamily buildings of greater than 25 feet in height shall have a building setback equal to or greater than the building height.

2.

Commercial building setbacks adjoining residential zoning shall be equal to or greater than the building height.

3.

Rear and side yard setbacks on industrial lots abutting railroad right-of-way may be reduced to zero feet, where approved as part of overall site.

4.

Residential accessory structure setback is five, allowed in side and rear yards only.

5.

The front yard setback on lots larger than five acres in size shall be increased by 30 feet when they front on a road identified as a collector or arterial in the comprehensive plan. The side yard setback on lots larger than five acres in size shall be increased by 30 feet when they are adjacent to a road identified as a collector or arterial in the comprehensive plan.

6.

Exception to height limitations for certain structural elements.

a.

The following structural appurtenances may exceed the height limitations stipulated in the applicable districts for authorized uses:

(i)

Purely ornamental structural appurtenances such as church spires, belfries, cupolas, domes, ornamental towers, flagpoles or monuments.

(ii)

Appurtenances necessary to mechanical or structural functions such as process control facilities, chimneys, cooling towers and smoke stacks, water tanks, elevator and stairwell enclosures, ventilators, and bulkheads; AM and FM radio and television masts, aerials, and antennas; fire and hose towers, utility transmission and distribution structures, cooling towers, aircraft control towers or navigation aids, forest fire observation towers, barns, silos, windmills or other farm structures when located on farms.

b.

Structural exceptions to height limitations may only be erected to the minimum height necessary to accomplish the purpose it is intended to serve.

7.

For the purposes of this section lot coverage shall:

(a)

Include:

(i)

All building,

(ii)

Parking areas with a stabilized base—paved or unpaved, and

(iii)

Swimming pools, drive ways, side walks and other types of concrete pads.

(b)

Exclude:

(i)

Unpaved areas having no roof that is used for outside storage of materials, including feed and farm products, construction materials and vehicles.

(ii)

Canals, lakes, ponds, rivers and other water bodies.

(c)

Allow: When a permitted principal use is allowed in more than one zoning district, the largest lot coverage allowed for that use in any zoning district shall apply to all zoning districts.

8.

Planned development zoning districts must comply with the density and intensity requirements of the comprehensive plan. All dimensional requirements, including height restrictions, lot size, lot coverage and lot frontage shall be determined upon approval of each project.

(Ord. No. 2003-13, § 1(4-21-6), 9-22-2003; Ord. No. 2007-04, § 2(exh. 2), 2-13-2007)

(a)

Scope and intent. This section applies to the OUFP open use floodplain district. It is the intent of this section to establish on the official zoning map an overlay zoning district designated as open use floodplain (OUFP) in areas subject to moderate to severe periodic flooding, and within such areas to regulate and restrict uses in such a manner as to protect life and property, to prevent or minimize damage, and to reduce public costs for flood control and rescue relief efforts occasioned by unwise use. Further, this district is intended to protect and preserve natural open spaces, park lands, wilderness areas, swamp lands, watersheds and recharge areas, streams and their tributaries, wildlife habitats and management areas.

(b)

Determination of floodplain area. Floodplain areas for the county shall be established in accordance with the following criteria:

(1)

Floodways and floodplains of all lakes, streams, creeks or rivers in the county shall be considered to extend from the normal banks of said waterways to the upper limit of a water elevation line for a 100-year frequency flood. This upper limit of a water elevation line, when not determined by an agency of the county or other public agency shall be determined by the petitioner for a development per (building permit, site development plan approval, rezoning or subdivision approval).

(2)

The petitioner for such development permit, having land within the overlay OUFP district, may be required to provide boundary surveys, topographic maps, plans, hydrological and geologic data, soil data, and such other information necessary for factual analysis of the subject property to demonstrate the relationship of the property and proposed development to the floodways or floodplains.

(3)

Failure of the petitioner to justify the development permit request or to demonstrate the ability to develop within the stated intent of this district shall be adequate ground for denial of the development permit.

(4)

If it is determined by the planning commission at the time of hearing of the petition request that an error has been made in establishing and locating the open use floodplain district boundary, the planning commission shall recommend corrections accordingly to the board of county commissioners for zoning map amendments according to the provisions of this chapter.

(c)

Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on the best available information and methods of study. Larger floods may occur. This article does not imply that areas outside the open use floodplain districts boundaries or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of the county or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(d)

Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures are permitted accessory uses and structures; provided, however, that no permanent residential structures shall be permitted in the district, except for owners or employees necessarily required to reside on the premises. Where such residential structures are permitted or necessary, not more than one such accessory single-family detached dwelling units shall be permitted for each 20 acres of lot area except as provided otherwise and that all such dwelling units shall have a floor elevation of not less than three feet above design flood levels.

(e)

Standards for special exceptions. In addition to all other standards, the following requirements shall apply to special exceptions:

(1)

Flood and erosion control works; structures in navigable waters. Before erection, construction or alteration in any flood or erosion control work or structure in navigable water, the petitioner shall submit to the planning commission a plan showing the location of the contemplated structure in conjunction with adjoining lands, waters, and channels and detailing the specifications and cost of the proposed work. All plans and specifications except for residential piers, bulkheads, and seawalls shall be prepared by an engineer licensed to practice in the state.

a.

No works shall be permitted which will damage the subject or adjoining properties. All works shall be designed to provide a degree of protection consistent with the intended use of the property.

b.

Fill and other materials for protective works hall be protected against erosion by such methods as rip-rap, vegetative cover or bulkheading.

c.

The petitioner shall obtain all necessary state and federal approvals prior to final approval and beginning construction of the proposed work.

(2)

Grading, filling, excavating and dredging. A special exception shall be required from the planning commission before grading, filling, excavating or dredging of any land which will result in an exposed surface of more than 43,560 square feet or the fill, excavation, or dredging of more than 5,000 cubic yards of rock, sand or soil material. The commission may permit the proposed activity only if it will not seriously disturb, damage or cause upland erosion or interfere with natural drainage. The commission may require a plan for the proposed work and topographic, engineering, or geologic or other studies based upon the plan to determine the nature, strength and distribution of existing and proposed soils, and the adequacy of design criteria. The commission may grant special exceptions subject to conditions pertaining to final slope and grade; period of ground cover removal, bulk heading, construction of retaining walls, rip rapping, landscaping, drainage facilities, reconstruction of natural storm protective features, and other matters. The commission may require the developer to post a bond to assure that proposed protective measures are carried out as planned.

(f)

Minimum lot requirements.

(1)

Residential structure as accessory to principal uses:

a.

Minimum parcel width: 300 feet.

b.

Minimum parcel area: 20 acres; provided, a single-family detached residential structure may be erected as an accessory use on a parcel of lesser size where such parcel is classified under F.S. § 193.461 as an agricultural use.

(2)

Other permitted or permissible uses or structures: None, except as otherwise specified or as necessary to meet all other requirements herein set out.

(g)

Maximum lot coverage by all structures. Unrestricted.

(h)

Minimum yard requirements. The following apply to all structures, permitted and permissible, except where a greater distance for yard or setback is required for the particular use involved.

(1)

Front: 50 feet.

(2)

Side and rear: 35 feet.

(i)

Maximum height of structures. No portion intended for human occupancy shall exceed 35 feet.

(j)

Limitations on signs. No signs intended to be read from off the premises except:

(1)

On-site identification and directional signs provided (a) no activity for profit shall display more than two such signs for identification purposes at each entrance, each sign shall not exceed 32 square feet in area, (b) two additional identification signs elsewhere on the premises, each sign shall not exceed 20 square feet in area and (c) no such signs shall exceed 25 feet in height above ground or road grade, whichever is highest.

(2)

Off-site directional signs to activities permitted or permissible in the district and located in the district, provided not such sign:

a.

Shall exceed 16 square feet in areas;

b.

Shall contain any matter beyond the name of the facility and the directions to it; and

c.

Shall be closer than 2,640 feet to any other such sign, or closer than 5,280 feet to any other sign advertising the same facility and location.

(3)

Off-site advertising signs, providing no such sign shall be greater than 300 square feet in area, or be closer than three miles to any other off-site advertising sign.

(4)

Temporary roadside stands: Two temporary ground business sign, each not to exceed ten square feet in area.

(k)

Minimum off-street parking requirements. Unrestricted; provided:

(1)

No off-street parking or loading shall at any time be on public rights-of-way.

(2)

For uses permitted in AR, off-street parking and loading requirements shall be as for AR.

(Ord. No. 75-3, § 6.5, 8-25-1975; Ord. No. 2003-13, § 1(4-7-1), 9-22-2003)

(a)

Scope and intent. The provisions of this section apply to the OUA open use agricultural district. The open use agricultural district is intended for agricultural uses and to preserve for agricultural uses those lands with productive agricultural development potential. Open spaces, parklands, watersheds and water recharge areas are also intended to be protected in this district. The regulations discourage or prohibit nonagriculturally oriented residential development and generally prohibit commercial and industrial development. Certain recreational activities that are appropriate to the district are permitted.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically or provisionally permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the OUA land use category subject to all of the requirements stated below but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private kennels (which is defined as a kennel housing ten or less privately owned animals not for sale as a separate commercial enterprise) may be allowed but only as an accessory use to a bona fide agricultural use, a commercial livestock raising and breeding use, a noncommercial/private hunting camp use, a commercial hunting camp use that has been approved as a special exception use or a residential single-family dwelling use, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residents on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including but limited to all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-8-1, 4-8-4, 4-8-5), 9-22-2003)

(a)

Scope and intent. This section applies to the RS residential single-family district. This district is intended to include lands developed for low and medium density single-family detached residences and vacant or partially developed lands indicated in the comprehensive land development plan as proposed for such urban uses. Certain structures and uses designed to serve educational, religious, noncommercial recreational, and other immediate needs of such areas permitted or permissible subject to restrictions and requirements necessary to preserve and protect the single-family residential character.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the residential land use category subject to all of the requirements stated below but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residents on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-9-1, 4-9-4, 4-9-5), 9-22-2003)

(a)

Scope and intent. This section applies to the ARS agricultural residential single-family districts. These districts are intended to accommodate single-family residential communities comprised of large lots in a rural setting. These districts may provide for the keeping of domestic farm animals as an accessory and incidental use on lots with a minimum area of five acres. Small-scale farming operations are permissible. These districts are intended to encompass all lots in an entire neighborhood or subdivision. These districts shall include land areas with an agricultural orientation but with a combination of agricultural and residential uses and are not intended to accommodate an individual lot except where such a lot is within an area where the entire neighborhood or subdivision is designated by this zoning district. Certain structures and uses designed to serve governmental, educational, religious, noncommercial recreational, and other immediate needs of such communities or neighborhoods are permitted or are special exceptions, subject to restrictions and requirements necessary to preserve and protect the single-family residential character.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the agricultural residential single-family land use category subject to all of the requirements stated subsections (c)(1)—(7) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private kennels (which is defined as a kennel housing ten or less privately owned animals not for sale as a separate commercial enterprise) may be allowed but only as an accessory use to a residential single-family dwelling use, domestic farm animals may be kept for personal use or consumption except that no swine may be kept within 100 feet of an adjoining property line, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residents on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(d)

Administratively initiated rezoning. These districts are intended to accommodate single-family residential communities comprised of site built dwellings on larger lots in a rural agricultural setting. There may be existing neighborhoods or subdivisions where the keeping of domestic farm animals is widespread or long established. In such situations, a change in zoning to ARS may be initiated by the board of county commissioners provided that all lots are at least five acres in area, and provided that the entire neighborhood or subdivision is subject to the administrative rezoning. The county may initiate the administrative rezoning:

(1)

If three or more members of the board vote in favor of initiating an administrative rezoning of a neighborhood or subdivision to ARS; or

(2)

If a petition is submitted to the board with signatures as they appear on the ownership documents of 75 percent or more of the owners of the lands within the neighborhood or subdivision and the owners of 51 percent or more of the lots or parcels within the neighborhood or subdivision. The petition documents shall designate an individual, including his address and telephone number who will be or act as the official representative of the petitioners; shall provide a map specifically designating the boundary of the neighborhood or subdivision that is required to be rezoned administratively; and beside each signature shall include the printed name of the property owner and corresponding specific legal description as it appears on the tax roll or legal ownership documents of each lot or parcel included in the petition. Upon receipt of the petition documents, the board may authorize initiation of an administrative rezoning for the specific lots or parcels included in the petition, or may determine that the number or location of the lots or parcels do not represent an entire neighborhood or subdivision meeting the intent of this zoning district and may choose not to initiate an administrative rezoning.

An administrative rezoning initiated by the board of county commissioners shall be in accord with the provisions set forth in F.S. § 125.66.

(e)

Developer initiated rezoning. An owner/developer of undeveloped land may apply for a change in zoning to this district in association with a preliminary plat where each lot in the proposed subdivision meets the minimum five acre lot area. In the residential or transition future land use classifications, where a developer has rezoned a development to ARS, or where the board of county commissioners previously has administratively rezoned an existing neighborhood or subdivision to ARS, an owner of an individual lot or parcel may apply for a change in zoning to ARS if the lot is contiguous to a lot zoned ARS and if the area of the lot is not less than the area of any other residential lot in the adjoining neighborhood or subdivision that has been zoned ARS. A factor for consideration of such a rezoning request shall be the compatibility and consistency of this zoning district to adjoining lots or parcels that are not zoned ARS.

(Ord. No. 2003-13, § 1(4-10-1, 4-10-4—4-10-7), 9-22-2003)

(a)

Scope and intent. This section applies to the RF-1 residential rural family district. The purpose of the RF-1 rural family residential zoning district shall be to locate and establish areas within the county which are deemed to be uniquely appropriate for the development and maintenance of rural residential dwellings in an agricultural environment. Additionally, the district is intended to designate uses and services deemed appropriate and proper for the location and development of low-density residential uses.

(b)

Prohibited uses and structures. Prohibited uses and shall be any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the residential rural family land use category subject to all of the requirements stated below but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private kennels (which is defined as a kennel housing ten or less privately owned animals not for sale as a separate commercial enterprise) may be allowed but only as an accessory use to a bona fide agricultural use, a commercial livestock raising and breeding use, a noncommercial/private hunting camp use or a residential single-family dwelling use, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residence on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-11-1, 4-11-4, 4-11-5), 9-22-2003)

(a)

Scope and intent. This section applies to the AR agricultural residential district. This district is intended to provide for activities with agricultural orientation with a combination of residential uses. Normally, urban type services cannot be efficiently or economically supplied to lands within this district in the foreseeable future and such district is not to be considered urban. It is further intended that this district not be utilized for the purpose of avoiding or evading county subdivision regulations or that it be used as a residential single-family zoning district.

(b)

Prohibited uses and structures. Prohibited uses and structures for the AR agricultural residential district shall be any use or structure not specifically or provisionally permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the agricultural residential land use category subject to all of the requirements stated below but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private kennels (which is defined as a kennel housing ten or less privately owned animals not for sale as a separate commercial enterprise) may be allowed but only as an accessory use to a residential single-family dwelling use, domestic farm animals may be kept for personal use or consumption except that no swine may be kept within 100 feet of an adjoining property line, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residence on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-12-1, 4-12-4, 4-12-5), 9-22-2003)

(a)

Scope and intent. This section apples to the RG residential general district. This district is intended to include lands developed and suitable for development as indicated in the comprehensive land development plan, for low to medium density urban residential use, with a compatible mixture of residential types. Special emphasis is on a compatible mixture of residential uses.

(b)

Prohibited uses and structures. Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the residential general land use category subject to all of the requirements stated below but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residents on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-13-1, 4-13-4, 4-13-5), 9-22-2003)

(a)

Scope and intent. This section applies to the RM residential mixed district. The residential mixed zoning district permits the continued mixing of conventional residences and mobile homes; however, certain other existing uses, are hereby made nonconforming in an attempt to up-grade and improve such areas. No further property in the county will be zoned RM. To that end, and after the effective date of the ordinance from which these regulations are derived, the county shall accept no application for zoning of property to RM. The RM zoning district boundaries shall remain as shown on the official zoning maps at the date of adoption of the ordinance from which this article is derived unless a portion of such district is changed to another district classification under this article. All new residential construction in RM districts shall meet residential general standards for lot, area and other requirements except use.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally, or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the residential mixed land use category subject to all of the requirements stated in subsections (c)(1)—(7) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

Not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

Noncommercial plant nurseries and greenhouses, gardens, private guesthouses (which is defined as being used exclusively for temporary housing of guests/visitors of the permanent residents on the subject parcel of land), private garages, tool houses, garden sheds, garden work centers, children's play areas and play equipment, private barbeque pits, private swimming pools, docks and wharves, and similar accessory uses and structures are examples of accessory uses and structures for this land use category.

(7)

All accessory uses and structures must comply with all government development and building regulations, including but limited to all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-14-1, 4-14-4, 4-14-5), 9-22-2003)

(a)

Scope and intent. This section applies to the RMH residential mobile homes district. It is the intent of this section that adequate provision is made for mobile home and manufactured home parks and subdivisions. It is further the intent to declare that the use of mobile homes for dwelling purposes shall be in mobile home parks or mobile home subdivisions. It is further the intent to find and declare that the mixing of mobile homes or manufactured homes and conventional dwellings in the same development makes for mutual incompatibility to the economic and environmental detriment of both types of dwellings. It is further the intent to find and declare that a minimum area for a mobile or manufactured home park or subdivision is necessary to ensure the long-term viability of such a development. Therefore, a special district of low to medium dwelling density known as the RMH residential mobile home district is established to provide suitable living environments in mobile home and manufactured home developments and to insure the compatibility of such developments with adjoining and nearby present and future development of other types. Mobile home parks and subdivisions and manufactured home parks are subject to development regulations as set forth to insure the compatibility in this article and elsewhere in this chapter. There is also established a minimum parcel area of five acres for consideration of a change in zoning to this zoning district.

(b)

Prohibited uses and structures. Prohibited uses and structures for the RMH residential mobile homes district shall be any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the residential mobile homes land use category subject to all of the requirements stated in subsections (c)(1)—(7) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure may be approved provided that such accessory uses and structures are included in a site plan approved by the site plan technical review committee and provided that they meet the following criteria:

(1)

Park or subdivision recreation facilities, including common room or center, hurricane shelter facilities, courts for games, docks, piers, swimming pools, boat launching area.

(2)

Park or subdivision offices, maintenance facilities, and laundry facilities.

(3)

Enclosed storage structures and storage garage facilities with use limited to park or subdivision residents only.

(4)

Must be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(5)

Not involve the conduct of business.

(6)

Must be located on the same lot/parcel as the permitted or permissible principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(7)

Must not be of a nature likely to attract visitors in numbers larger than would normally be expected for the principal use or structure on the lot/parcel of land.

(8)

Does not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(9)

Private garages, garden sheds, utility sheds, carports, Florida rooms, screen rooms, children's play areas and play equipment, private barbeque pits, private swimming pools, docks, and the like are permitted as accessory uses in this district.

(10)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-15-1, 4-15-4, 4-15-5), 9-22-2003)

(a)

Scope and intent. This section applies to the C-1 neighborhood commercial district. This district is intended to be located in outlying areas where small groups or selected commercial and service establishments may be appropriately located to serve, within convenient traveling distance from one or several neighborhoods. Regulations are designed to maintain a commercial character appropriate to residential surroundings.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the neighborhood commercial land use category subject to all of the requirements stated in subsections (c)(1)—(7) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Be located on the same lot/parcel of land as the permitted or permissible use or structure, or on a contiguous lot/parcel under the same ownership.

(3)

Within the principal structure, and in connection with permitted or permissible uses and conventional structures, apartments or quarters may be allowed only for occupancy by owners or employees. It is specifically the intent of this subsection to prohibit detached dwelling units as an accessory use within the C-1 zone.

(4)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(5)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-16-1, 4-16-4, 4-16-5), 9-22-2003)

(a)

Scope and intent. This section applies to the C-2 commercial general district. This district is intended to create a mid-level district desirable in situations dealing with uses for which neighborhood commercial is too restrictive. Manufacturing of any type is prohibited.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the commercial general land use category subject to all of the requirements stated in subsections (c)(1)—(7) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Be located on the same lot as the permitted or permissible use or structure, or on a contiguous lot/parcel under the same ownership.

(3)

Within the principal structure, and in connection with permitted or permissible uses and conventional structures, apartments or quarters may be allowed only for occupancy by owners or employees. It is specifically the intent of this subsection to prohibit detached dwelling units as an accessory use within the C-2 land use category.

(4)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(5)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-17-1, 4-17-4, 4-17-5), 9-22-2003)

(a)

Scope and intent. This section applies to the C-RV commercial recreational vehicle district. It is the intent of this section that adequate provision is made for recreational vehicle parks and subdivisions (including recreational vehicle condominium subdivisions). It is further the intent to declare that recreational vehicles may be located only in recreational vehicle parks or subdivisions. This shall not be construed to prohibit the storage at a private residence of a privately owned recreational vehicle, provided that such privately owned and stored recreational vehicle is in compliance. It is further the intent to find and declare that recreational vehicles are intended for temporary or seasonal use. It is further the intent to find and declare that the mixing of recreational vehicles and manufactured homes or mobile homes in the same development makes for mutual incompatibility to the economic and environmental detriment of both types of structures. Therefore, a special commercial district is established to provide a suitable environment for recreational vehicles in recreational vehicle parks or subdivision, and to insure the compatibility of such developments with adjoining and nearby present and future development of other types. Recreational vehicle parks and subdivisions are subject to development regulations as set forth in this chapter. There is also established a minimum parcel area of five acres for consideration of a change in zoning to this district.

(b)

Accessory uses and structures. Accessory uses and structures may be permitted where such accessory uses and structures are customarily accessory and clearly subordinate to permitted principal uses and structures, or where such accessory uses and structures are customarily accessory and clearly subordinate to uses or structures permissible by special exception, and where such accessory uses and structures do not involve the conduct of business on the premises, are located on the same parcel as the development, are not of a nature likely to attract visitors in larger numbers than would normally be expected in recreational park or subdivision, and do not involve operations or structures not in keeping with the character of the development. The following accessory uses and structures are permissible subject to the criteria as stated in this section, and provided that such accessory uses and structures are included in a site plan approved by the site plan technical review committee:

(1)

Park, subdivision, condominium recreation facilities, including common room or center, courts for games, docks, piers, swimming pools, boat launching area.

(2)

Park, subdivision, or condominium offices, maintenance facilities and laundry facilities.

(3)

Enclosed storage structures and storage garage facilities with use limited to park, subdivision, condominium residents only; storage of recreational vehicles, boats, boat trailers and the like on other than individual lots, spaces or sites with such storage limited to park or subdivision residents only and provided that such storage occurs in designated and approved areas.

(4)

In connection with permitted or permissible uses and structures, one conventional home, manufactured home or mobile home when used as a residence for the manager of the development.

(5)

Utility sheds, carports, Florida rooms, screen rooms, children's play areas and play equipment, private barbeque pits, docks, and the like are permitted as accessory uses in this district.

(6)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

The provisions of this part notwithstanding, appurtenances are subject also to criteria as established by Code.

(Ord. No. 2003-13, § 1(4-18-1, 4-18-4), 9-22-2003)

(a)

Scope and intent. This section applies to the ID-1 light industrial district. Light industrial refers to limited industrial and general commercial activities. This district is intended for light manufacturing and processing, automotive-oriented uses, storage, warehousing, wholesaling, institutional and distribution. Such activities generally require sizable land areas and require ample off-street parking and loading spaces. Regulations are intended to prevent or reduce friction between uses in this district and also to protect nearby residential districts.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the light industrial land use category subject to all of the requirements stated in subsections (c)(1)—(5) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Must be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(3)

In no event shall any residential facilities be permitted except residential facilities for security purposes when located within a principal building or for employees who are required to be quartered on the premises.

(4)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(5)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-19-1, 4-19-4, 4-19-5), 9-22-2003)

(a)

Scope and intent. This section applies to the ID-2 heavy industrial district. This district is intended primarily for heavy manufacturing and closely related uses. It is intended to preserve such lands for the functions of heavy industrial activity, wholesaling, warehousing, and distribution. To allow maximum latitude for operations, performance standards are applied at district boundaries, so that uses, which might otherwise not be permitted, are allowable in portions of the district well away from district boundary lines. It is not intended to permit uses not of the general character indicated as principal uses, nor to permit general commercial operations or residential or institutional uses within the district. This district will not afford the same degree of protection for commercial and other permitted uses not related to heavy manufacturing, as they would receive if located in districts primarily designed for them.

(b)

Prohibited uses and structures. Prohibited uses and structures for the ID-2 heavy industrial district shall be any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the ID-2 heavy industrial land use category subject to all of the requirements stated in subsections (c)(1)—(5) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Must be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(3)

In no event shall any residential facilities be permitted except residential facilities for security purposes or for employees who are required to be quartered on the premises. All residential facilities must be located within a principal building and separate residential facilities buildings are not allowed.

(4)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(5)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(Ord. No. 2003-13, § 1(4-20-1, 4-20-4, 4-20-5), 9-22-2003)

(a)

Scope and intent. This section applies to the PS public service district. The PS public service district is intended primarily to apply to those lands where national, state or local governmental activities are conducted. Included in this use are public or private schools, airports, hospitals, conservation areas, county-operated and controlled landfills, police/fire stations, detention facilities, parks and nonprofit recreational facilities as well as utility plants and their directly associated facilities such as power substations and sewer stations. It is not the intent to classify all lands owned by government in this category, but only those lands particularly and peculiarly related to the public welfare.

(b)

Prohibited uses and structures. Prohibited uses and structures shall be any use or structure not specifically, or provisionally or by reasonable implication permitted herein.

(c)

Accessory uses and structures. Accessory uses and structures that are not specifically regulated elsewhere and which are customarily and clearly incidental and subordinate to permitted or permissible principal uses and structures may be allowed on parcels of land located in the public service land use category subject to all of the requirements stated in subsections (c)(1)—(6) of this section but only when such uses or structures are for the use of the owner or his invitees. To be classified as an accessory use or structure in this land use category, a use or structure must:

(1)

Be customarily accessory and clearly incidental and subordinate to a permitted or permissible use or structure in this land use category.

(2)

Not involve the conduct of any business (except for a home occupation).

(3)

Be located on the same lot/parcel of land as the permitted principal use or structure or on a contiguous lot/parcel of land under the same ownership.

(4)

In no event shall any residential facilities be permitted except for residential facilities for security purposes when located within a principal building or for employees who are required to be quartered on the premises. All residential facilities must be located within a principal building and no separate residential facilities buildings will be allowed.

(5)

Not involve operations or structures not in keeping with the character of this land use category and the principal use or structure on the lot/parcel of land.

(6)

All accessory uses and structures must comply with all government development and building regulations, including, but not limited to, all applicable land use regulations, building setback regulations, building construction regulations, site improvement regulations, etc.

(d)

Additional criteria. Due to the potential for countywide impact as well as the intrusion of private enterprise into areas of operation and services historically performed by the government, the following additional factors shall be considered by land use and construction oversight commission and the board of county commissioners:

(1)

Whether or not the proposed development will adversely affect groundwater and surface water.

(2)

Whether or not the proposed development is on land categorized as environmentally sensitive.

(3)

Whether or not the proposed development borders or is adjacent to land, which is environmentally sensitive.

(4)

Whether or not the proposed development will constitute a nuisance.

(5)

Whether the proposed development will diminish or enrich human life in its educational and cultural dimensions.

(6)

Whether or not the proposed development will adversely affect the economy or the furtherance of a negative image that will influence the future of the county.

(Ord. No. 2003-13, § 1(4-21-1, 4-21-4, 4-21-5, 4-21-6), 9-22-2003)

(a)

Scope and intent. It is the purpose and intent of this section to create a stand-alone land development regulation for a specific site, by a planned development ordinance that allows the applicant and the county to create appropriate development regulations to address one or more uses and unit types. The regulations will allow the county and the applicant to address the internal integration and the external buffers or interaction, as appropriate. All property development criteria and regulations shall be addressed in the planned development ordinance for the specific site, including but not limited to, a schedule of allowed uses, buffering, setbacks, infrastructure requirements, development parameters, property development regulations, open space, and the density and intensity of development. The planned development ordinance for a specific site can be designed to accommodate a mix of residential uses, a mix of commercial uses, a mix of industrial uses or a mix of residential, nonresidential, institutional, conservation and recreation uses. The application shall be filed for the predominant use in the proposed development. The planned development ordinance for a specific site shall include all of the development regulations necessary to address each use and unit type and to address any unique uses and/or design features. All planned development ordinances must be consistent with the Comprehensive Plan. A planned development application must be filed when a planned development ordinance is required by the comprehensive plan, the land development code, or if the size of the property is in excess of the acreages that requires a planned development approval as described herein. This procedure will result in a newly defined zoning ordinance being created and the applicant's property being subject to the terms and conditions of the planned development ordinance.

Residential developments containing more than 150 dwelling units must be approved as a residential planned development. The residential planned development ordinance shall require the residential development to connect to public or private central water and sewer facilities.

(b)

Objectives. The planned development requirements are intended to allow the creation of regulations that permit design flexibility and the integration of uses and structures, while at the same time including provisions that are necessary to promote and protect the public health, safety, and welfare. Planned developments will provide for flexibility in siting, design and integration of uses. The board of county commissioners has the ability to include regulations in a planned development ordinance for a specific site that are necessary to address any potential adverse impacts of the use(s) or design features on the public health, safety and welfare. The provisions of this section and of planned development ordinances adopted hereunder are designed to:

(1)

Provide for the planning, review and approval of residential, commercial, public, recreational and industrial land uses and structures, or a combination thereof, that results in an organized, consistent development within the subject site and which are or which can be made compatible with surrounding land uses.

(2)

Allow a diversification of uses, structures and spaces within the subject site that are separated from, or compatible with, existing uses or uses approved through local development orders on surrounding properties. The location of related uses and amenities should promote internal capture of traffic in an effort to reduce travel costs for the county. This requirement shall not be used to prohibit or limit the approval of a planned development that promotes economic diversity.

(3)

Provide for efficient management of infrastructure through an efficient arrangement of structures, utilities, on-site circulation, and ingress and egress.

(4)

Provide the opportunity to preserve natural amenities as scenic and functional open space areas that will benefit the planned development and the county.

(5)

Encourage the provision of functional open space by enhancing natural features, providing for access to recreational amenities within the project and providing for functional open space that allows for a clustered development pattern when appropriate.

(6)

Encourage innovative site planning and land development concepts.

(7)

Assure the county and other public agencies that development of the site will occur in accordance with the approved master concept plan, and the requirements of the planned development ordinance for the development of the subject site.

(8)

Assure the applicant that development may be undertaken and carried out in accordance with the approved master concept plan and the provisions of the planned development ordinance for the development.

(9)

Promote development that is adapted to natural features, including wetlands, occupied habitat and unique vegetation, and which works with natural drainage patterns where feasible.

(10)

Where mixed use projects are proposed, density will be calculated with the full allowable density and intensity for each use based on the entire acreage of the planned development.

(11)

The applicant may phase the development to provide the opportunity to address market conditions and economic development opportunities, including those opportunities generated by the state, region and local economic development organizations. The applicant must provide the phasing schedule as part of the application. If the application is to be approved as a phased development the planned development ordinance must specifically provide that the planned development is to be phased and a phasing schedule must be included.

(c)

Location standards. All planned developments must meet the following locational standards:

(1)

Access. Planned developments must address access to a paved public street directly or via an approved paved private road, pedestrian way, court, or other area dedicated to public or private use, or through a dedicated common element guaranteeing access. Permitted uses are not required to front on a dedicated public road. A planned development with more than 100 unit's shall have two points of access to a public road. A stabilized emergency access may serve as the second access if it is determined to be consistent with the public health, safety and welfare by the board of county commissioners.

(2)

Physical character of the site. The property proposed for vertical development must be suitable for the proposed uses without creating hazards to adjacent property from flooding, erosion, light or noise intrusion or other identifiable dangers.

(3)

Adequate infrastructure. The planned development ordinance must address how the site will be served by essential public or private facilities and infrastructure as required by the county comprehensive plan. Essential public or private facilities and infrastructure includes but is not limited to; roads, water, sewer, electric, cable, solid waste, rail, and any infrastructure required for the particular uses in the planned development. If private facilities are to be provided the planned development ordinance must identify what private infrastructure is going to be provided and the timing for the installation of the private infrastructure.

(d)

Special standards for residential, commercial and industrial uses.

(1)

Residential: Residential Planned Developments (RPD) are intended to meet the requirements for planned developments as it relates to residential uses. In addition to residential uses, recreational, public, and neighborhood commercial uses are encouraged when developed with a unified design theme, and where consistent with the comprehensive plan.

a.

Density. The maximum density for planned developments containing a residential component shall not exceed the density permissible under the future land use category, or applicable policies, contained in the comprehensive plan. The maximum density and the total number of units permitted within a planned development that includes residential uses must be clearly stated in the planned development ordinance and on the master concept plan. If there are sub-areas with differing density requirements, those limitations must be identified on the master concept plan and in the planned development ordinance.

1.

The density for any planned development containing residential uses shall be determined on a case-by-case basis in accordance with the following criteria:

i.

The range of density and the uses permitted or encouraged under the comprehensive plan on the subject site;

ii.

The availability of adequate capacity of all public facilities and services, including, but not limited to: roads, water, sewer, surface water management, public safety, and schools;

iii.

The level of public services to be provided by the development; and

iv.

The character, density and/or intensity of surrounding developments.

v.

Other criteria deemed appropriate by the county.

b.

The following specific minimum requirements, limitations and development standards shall apply to planned developments that include a residential component and shall be addressed in the planned development ordinance. If the topics set forth below are not addressed in the approved planned development ordinance then the provisions set forth below will control:

1.

Open space. The following minimum open space requirements apply to residential planned developments:

i.

Small projects. Residential planned developments that comprise ten acres or less shall provide a minimum of 20 percent open space within the development.

ii.

Large projects. Residential planned developments that comprise more than ten acres shall provide a minimum of 30 percent open space within the development.

2.

Sidewalks. Sidewalks shall be required on one side of all rights-of-way or easements internal to a planned development that provides access to residential units, recreational uses, or a neighborhood commercial component, where applicable.

3.

Nonresidential uses within residential planned developments. The following regulations shall apply to neighborhood commercial uses within a residential planned development. Neighborhood commercial uses are intended to provide personal services, convenience goods, and other low-intensity, nonresidential uses for residents of the planned development, in order to facilitate the efficient use of land and reduce the number of vehicular trips on the public road network.

(2)

Commercial planned developments.

a.

Commercial Planned Developments (CPD) are intended to further the general purpose of a planned development as it relates to commercial development. In addition to commercial uses, limited residential and light industrial uses are permitted within a commercial planned development when developed with a unified design theme, where consistent with the comprehensive plan, and where consistent with the provisions of this subsection.

b.

Principal uses. Principal uses within a commercial planned development shall generally consist of a variety of commercial uses which include but are not limited to the following: the retail sale and distribution of goods and services, and/or the provision of standard office space for various purposes, including but not limited to professional services (including medical offices), business services, hotel/motel and personal services. The approved planned development ordinance shall include the list of the permitted uses.

c.

Ancillary uses. Ancillary uses within a commercial planned development may include permanent or transient dwelling units and/or congregate living facilities. Ancillary uses must be listed in the approved planned development ordinance.

d.

The approved planned development ordinance shall control all development on the subject site and the general provisions and procedures set forth below shall be evaluated when the commercial planned development ordinance is drafted and approved. The following specific minimum requirements, limitations and development standards shall apply to commercial planned developments.

1.

Open display of goods. All open display of goods for sale will be setback a minimum of 25 feet from the planned development boundary. Areas used for display do not need to be paved. Grass and/or other ground cover are permitted so long as the area is maintained in a sightly, dust-free manner.

2.

Residential uses within commercial planned developments. Residential uses are permitted within a commercial planned development if approved in the planned development ordinance. The ordinance must identify the type of residential units, the total number of units, the general location of units and the permitted density for the entire planned development and in residential sub-areas identified on the master concept plan.

i.

Sidewalks shall be required on one side of all rights-of-way or easements internal to the planned development that provide access to residential units, recreational uses, or the commercial component of the development.

ii.

Parking lots, delivery areas, loading docks and/or dumpsters associated with commercial uses shall be oriented away from residential uses internal to the planned development, unless a landscaped buffer is provided. The landscape buffer shall be defined in the planned development ordinance.

3.

Industrial uses within commercial planned developments. Industrial uses are permitted within a commercial planned development in accordance with the following standards and if approved in the commercial planned development ordinance. The ordinance must identity the permitted industrial uses, the total square footage and the general location of the industrial use. The following restrictions shall be considered when the industrial uses would be incompatible with the surrounding uses without the following limitations:

i.

Manufacturing uses will be limited to light manufacturing and all operations must be conducted within a fully enclosed building.

ii.

The use may not emit dust, smoke, odor or other air or water pollutant, glare, sound or other vibration that can be perceived outside the boundaries of the development tract or industrial use area.

iii.

The use may not receive, process or create hazardous materials in a sufficient quantity to constitute a danger to persons, property or activities outside the boundaries of the development parcel or industrial use area.

iv.

If outside open storage for an industrial use is proposed it shall be planned and designed with adequate screening and buffering to protect the property and surrounding uses from adverse impacts. The required buffer and screening must be described in the planned development ordinance.

(3)

Industrial planned developments.

a.

Industrial Planned Developments (IPD) are intended to provide for an expanded employment base and economic diversity. In addition to industrial uses, accessory commercial, institutional, and public uses are encouraged within an industrial planned development.

b.

Industrial planned development zoning required. Industrial developments greater than 100 acres in size and located on property with an agricultural future land use shall require the adoption of an industrial planned development ordinance.

c.

Industrial planned developments shall meet the following development standards. The property development regulations for industrial uses must be included in the planned development ordinance.

1.

Access. The project must have direct access to an arterial or collector level roadway designation, with an internal circulation system that prohibits industrial traffic from traveling through predominantly residential areas. The access requirements and locations shall be addressed on the master concept plan and in the industrial planned development ordinance.

2.

Minimum dimensional standards. The minimum land area required for a new industrial planned development is two acres. This minimum land area may be reduced for infill parcels, or light industrial developments, if the community development director determines the proposed uses and site development regulations will ensure compatibility with the surrounding land uses.

3.

Setbacks. Front, side and rear setbacks for proposed structures and/or uses shall be shown on the master concept plan. Where there are two or more principal buildings on a development tract, the minimum separation of building shall be in accordance with the Florida Building Code. Setbacks and building separation requirements for industrial uses must be set forth in the approved planned development ordinance.

4.

Maximum lot coverage. The maximum lot coverage shall be addressed in the planned development ordinance.

5.

Open space. The open space requirement for industrial uses must be identified in the planned development ordinance.

6.

Outdoor display of goods. The planned development ordinance shall state whether outdoor display and storage of goods is permitted, where outdoor and display is permitted, and whether and what visual buffers are required.

7.

Industrial planned developments abutting residential uses. When a proposed industrial planned development abuts a property under separate ownership that contains an existing residential use, the ordinance shall establish the appropriate building separation, setback of buildings to residential property lines, buffer and landscaping standards to ensure compatibility, and in formulating those standards, shall consider including the following limitations in the industrial planned development ordinance:

i.

Building setbacks from the planned development boundary:

ii.

Manufacturing and processing activities must occur within an enclosed building.

iii.

Fencing or dense landscaping should be provided where outdoor display or open storage is allowed within 500 feet of an existing dwelling unit under separate ownership.

iv.

Environmental controls, soundproofing, and lighting conditions will be required to mitigate impacts of the development on surrounding residential property where needed.

(e)

Permitted uses in planned developments. Residential, commercial, industrial, institutional, recreational, and/or public land uses and structures may be permitted in planned developments, provided the proposed development is consistent with the goals, objectives, and policies of the county comprehensive plan. If more than one principal use is permitted in a planned development it should be identified as a mixed use planned development (MPD). A mixed use planned development does not have one primary use, but has two or more primary uses (residential industrial, commercial, institutional, or other major use group.) A mixed use planned development shall address the specific requirements addressed above for the primary uses of residential, commercial, and industrial.

(1)

Uses specified in application and concept plan. All uses to be allowed within the planned development shall be specified in the application for rezoning to the planned development zoning district and must be identified in the list of permitted uses included as part of the planned development ordinance.

(2)

Mixed use. A mix of uses (residential, commercial, office, retail, industrial, and other combinations of uses) is encouraged. A mixed use project shall provide for appropriate internal interconnections and buffers. The application and the planned development ordinance must explain the mix of uses, how they interrelate and how the buffering, parking, setbacks, and other features work to create a cohesive mixed use development.

(f)

Planned development design criteria and development standards. the following design criteria and development standards will be addressed in each planned development ordinance.

(1)

General design criteria. The location and arrangement of uses, buildings and other facilities shall be designed to address compatibility, both internally and externally to the project.

(2)

Compatibility. In the case of each planned development, it is the ability of adjacent existing uses, or those uses approved by an active development order, to coexist with the proposed planned development uses without negatively impacting the adjacent use or the public health, safety and welfare. For the purposes of this section, compatibility does not require the proposed density or intensity of the planned development to adhere to the existing and/or approved densities and intensities of surrounding properties, but does require sufficient buffering to ensure adequate separation and screening between different uses The requirements for internal buffering, separation and interconnections will be identified in the planned development ordinance.

(3)

Open space. For the purposes of this section open space is as defined in section 125-1 and shall include: buffers and landscaped areas, conservation/preserve areas, existing and proposed stormwater management areas, such as lakes, ponds, and dry detention features, active and passive recreation areas, such as playgrounds, parks, golf courses, nature trails, bikeways, sidewalks, tennis courts, swimming pools, and other similar recreational uses. Private yards within residential lots shall contribute toward the minimum open space requirement within planned development districts containing a residential component. The percentage of open space and the general location of the open space or criteria for establishing the open space areas must be stated in the planned development ordinance.

(4)

Landscaping. Landscaping is required (consisting of a combination of trees, shrubs, vines, ground cover, etc.). The use of indigenous plant materials, use of the Florida-Friendly Landscape Program of the University of Florida, xeriscaping, and where appropriate the retention of undisturbed areas is encouraged. South Florida Water Management District xeriscape approved trees and shrubs qualify. The application must identify buffers and natural areas that are going to be preserved on the master concept plan and in the planned development ordinance. The planned development ordinance shall identify the landscape requirements for the planned development. Different uses and areas may have different requirements.

(5)

Transportation facilities and services. Planned developments will be required to address impacts to the state, county and local transportation facilities and where the development has a significant impact the planned development ordinance shall identify how the impacts will be addressed. The details of the mitigation may be further addressed in a development agreement executed by the developer and the county or at the time of local development order. The planned development ordinance will specify those instances when the details of the mitigation are going to be fully determined through the use of a development agreement or at the time of local development order. The planned development ordinance will require the development to address site-related impacts.

(6)

Access and parking. The design and location of access to a planned development shall be in accordance with the approved planned development ordinance requirements. Private road cross sections shall be identified in the planned development ordinance. The roads may be smaller than what is required in the land development code as long as there are no public safety issues. If the applicant proposes private roads that are smaller than those required by the land development code the cross section must be included with the application and an explanation as to how the design is consistent with the public health, safety and welfare must be provided. Flexibility in parking locations, sizes, and numbers will be considered through the planned development ordinance application process if it can be shown that it is appropriate to the type of development, the scale of the development, the mix of uses, and the location of the development and if no adverse public health, safety, and welfare issues are created by the flexible parking design.

(7)

Interconnections. The applicant shall include pedestrian and/or vehicular interconnections to adjoining properties, where appropriate, to reduce trip generation onto arterial and collector roadways, to provide proper traffic circulation, and to promote alternative modes of transportation, unless the community development director determines one or more of the following criteria prohibits this requirement:

a.

It is not physically or legally possible to provide the shared access or interconnection.

b.

The cost associated with the shared access or interconnection is unreasonable. For this subsection "unreasonable" will be considered to occur when the cost exceeds the cost of a typical local road section or is above ten percent of the value of the improvements being made to the development.

c.

The location of environmentally sensitive lands precludes it.

d.

The abutting use is found to be incompatible with the proposed use.

(8)

Relation to utilities, public facilities, and services. Planned developments shall be located in proximity to sanitary sewers, water lines, storm and surface drainage systems, and other applicable utilities systems and installations or in locations where the utilities, public facilities and services can and will be provided within the planned development. This subsection does not apply if the developer:

a.

Provides private facilities, utilities or services approved by appropriate public agencies as substantially similar to public services which would otherwise be provided to the development under conventional zoning;

b.

Assures the satisfactory and continuing operation of the private facilities for as long as the development exists or until public facilities are available and actually used to service the development;

c.

Provides for the necessary extension of existing water, sewer, and other applicable utility lines and systems.

The planned development ordinance shall identify how the development's impact to water, sewer, drainage, and other utilities will be addressed. The planned development ordinance may permit the details of the mitigation to be identified and addressed in a development agreement executed by the developer and the county. The planned development ordinance may permit the details of the mitigation to be identified and addressed at the time of local development order.

(9)

Buffer requirements for planned developments. Buffering and screening requirements are required to be addressed in the planned development ordinance where external impacts to existing developments or developments with a current or pending development order occur.

(g)

Submittal requirements. The following items will be required as part of the planned development rezoning application.

(1)

Application: The applicant shall submit the application for a planned development on a form provided by the county along with the application fee and the required exhibits. The application shall be submitted to the community development director. All map exhibits will be provided on 24-inch by 36-inch and 11-inch by 17-inch sheets, drawn legibly at appropriate scale suitable for presentation. The entire application shall be provided in an electronic format acceptable to the development director. The application must include the following.

a.

A narrative that describes:

1.

The purpose and intent of the proposed development.

2.

A description of the character of the proposed development.

3.

An explanation of how the proposal is in conformance with specific applicable provisions of the county comprehensive plan.

4.

A description of the proposed methodology for managing the stormwater runoff.

5.

A listing of the items or information the applicant proposes to include in the draft planned development ordinance.

b.

Infrastructure analysis: An analysis, in accordance with professional standards, of the estimated impact the proposed development will have on public facilities and services as they relate to the adopted level of service set forth in the county comprehensive plan and the land development code. Should an analysis of other infrastructure be required, the county will notify the applicant of such fact in the pre-application meeting.

c.

A vicinity map showing the location of the proposed planned development in relation to, each of the following:

1.

Surrounding public streets and thoroughfares;

2.

Surrounding existing uses.

d.

A future land use map with the existing zoning designation for the site and surrounding areas within one-half mile of the proposed site boundaries.

e.

A legal description of the property and a sketch of the description.

f.

A copy of the deed to the current owner or owners, or equivalent proof of ownership (as determined by the county attorney), together with a statement that the applicant is authorized to submit the application for all land within the planned development. The entire planned development must be developed under the unified control of either the owner(s) or the applicant as development occurs. At the time the applicant applies for planned development rezoning, the applicant shall provide adequate and appropriate documentation that the property subject to the planned development ordinance is:

1.

In the unified control of the applicant or owner(s); or,

2.

Each portion of the proposed development area which becomes the subject of a development order will be placed under the unified control of the applicant or owner(s) upon issuance of such development order.

If the applicant is not the owner(s), a notarized authorization from the current owner(s) stating the applicant has the authority to proceed with the application will be required.

g.

Master concept plan: The application shall include a master concept plan which shall include the following (a master concept plan can include one or more pages):

1.

All proposed land uses. Where applicable, the plan shall identify the housing or building types by generalized area and in tabular form showing approximate acreage for each use. Where appropriate, a separate list of uses can be designated for different tracts, pods or areas.

2.

Buffers. The plan shall identify the perimeter buffer and identify any locations that will not be consistent with the buffer standards set forth in the draft planned development ordinance. Where appropriate, buffers shall be identified between internal tracts, pods or areas.

3.

Points of ingress and egress. The proposed conceptual location of connection(s) to the adjacent external street system shall be depicted on the master concept plan.

4.

Identify the internal circulation system on the master concept plan.

5.

Identify the location or proposed location of public facilities on the master concept plan.

6.

Identify the proposed conceptual location of open space areas, including the following, where applicable:

i.

Developed and resource-based recreation.

ii.

Common open space.

iii.

Conservation areas.

iv.

Bicycle and pedestrian pathways.

v.

Stormwater facilities.

vi.

Picnic areas and plazas.

(h)

Property development regulations: The application shall include property development regulations which address the following:

(1)

Building setbacks. The building setbacks must be described in the draft planned development ordinance. The building setbacks shall define the minimum distance buildings will be set back from:

a.

Surrounding property lines.

b.

Public right-of-way lines.

c.

Preservation and conservation areas.

d.

Other manmade or natural features which would affect compatibility.

e.

Other buildings.

f.

Front, rear and sides of the lot.

(2)

The property development regulations shall identify the maximum height (in feet) of buildings. For proposed developments consisting of multiple parcels, or multiple uses, or multiple unit types, the maximum height for each parcel, use or unit type shall be listed. The property development regulations shall define how the height of a building is measured.

(3)

The property development regulations must include the total number of units and the total square footage for the entire planned development, and provide a table that identifies the maximum density and intensity for each tract, parcel, and phase.

(4)

The property development regulations will identify the acreage to be set aside for open space and conservation.

(5)

The property development regulations must identify the buffer and landscape standards.

(6)

The property development regulations, when applicable, must identify the unit types and the minimum lot size, setbacks, lot coverage, and other information necessary to place the building(s) on the lot.

(7)

The list must include provisions proposed by the applicant for inclusion within the planned development ordinance that reflect all the development regulations for the subject site. The property development regulations and development controls must be provided to the county for inclusion in the planned development ordinance, including any administrative review procedures.

a.

Traffic impact summary: Parcels greater than 20 acres must provide a trip generation summary that provides the estimated number of net new external trips the proposed development will create, and the distribution of those trips on the network.

b.

Utility service plan: A utility service plan must be provided that includes availability of gravity or sanitary sewer service, potable water supply and all existing utilities, public utility easements and rights-of-way. The utility service plan must identify whether the service is going to be provided by a private entity or a public entity.

(i)

Approval process.

(1)

Prior to submittal of a planned development application, the applicant shall schedule a pre-application meeting with the community development department. The department, and/or the applicant, may invite other agencies to attend the meeting as they see fit to provide advice to the department or the applicant prior to submittal of the application. At the pre-application meeting or at any point during the application review process or upon request of the board of county commissioners, the community development department may make a determination that there will or could be a need for technical assistance by an independent consultant(s) due to the size, complexity, and/or scope of the application. If it is determined that an independent consultant(s) is required to supplement the community development review, the community development director will advise the applicant of the need for additional technical review. The applicant will enter into an agreement and budget with Glades County to assume full financial responsibility for all consultant fees associated with the additional technical review, including legal review.

The applicant shall reimburse the county for the cost of such consultant services within 30 days of receipt of the bill. The application will not be scheduled for a public hearing before the board of county commissioners until the county has been fully reimbursed for engineering, planning, environmental, traffic, legal, or other technical consultant fees.

When the community development department determines that it has received a complete application, the fee, and all submittals as required herein, the application will be processed as any other zoning application in accordance with the provisions of the land development code. The county will send the applicant written notice of a determination that the application is sufficient. If the application is incomplete, the county will notify the applicant of the deficiencies. The applicant has the opportunity to submit a revised application or supplemental information to address the deficiencies. The revised application or supplemental information must be provided within six months of the deficiency letter from the county advising the applicant of the deficiencies. If the information is not submitted within six months, the application shall be deemed withdrawn. The applicant must pay an additional review fee for the review of additional information that was not submitted with the initial application if all of the funds from the initial submittal have been spent.

Upon a determination that the application is sufficient, the applicant must submit a preliminary draft planned development ordinance to the staff for consideration. The draft planned development ordinance must be consistent with the information provided to the staff as part of the application. If the draft planned development ordinance raises issues or matters not addressed as part of the sufficiency review the staff may request additional information and rescind the sufficiency finding. The staff shall issue a staff report with recommendations and include a draft planned development ordinance which addresses all of the uses, property development regulations, buffers, infrastructure and other items required by the land development code, the comprehensive plan, and other issues deemed necessary by the staff. The staff has the ability to make revisions to the draft planned development ordinance proposed by the applicant. The draft planned development ordinance and the staff report must be available prior to the public hearing for review by the planning and zoning board, the applicant and the public. The planning and zoning board and the board of county commissioners have the right and ability to recommend or make changes to the planned development ordinance as they deem necessary.

(2)

The planning and zoning board will make one of the following recommendations to the board of county commissioners.

a.

Approval as submitted.

b.

Disapproval.

c.

Approval with proposed revisions/amendments, including but not limited to, development conditions.

d.

Continuance to allow the submission of additional information, or recommended amendments. If the applicant does not wish to submit the requested information the planning board can make one of the above recommendations.

(3)

The board of county commissioners' action will be one of the following:

a.

Approval as submitted;

b.

Disapproval;

c.

Approval with revisions/amendments, including but not limited to, development conditions;

d.

Continue the hearing to a date certain, to allow suggested amendments to be incorporated in the planned development documents;

e.

Continue the hearing to a date certain, to obtain additional information necessary to reach a conclusion;

f.

Remand to staff or planning and zoning board for an evaluation of additional information necessary to reach a conclusion.

(4)

Findings. Before approving the planned development ordinance, the board of county commissioners must find that:

a.

The application and the proposed planned development ordinance are in compliance with the county comprehensive plan, this land development code, and any other applicable code or regulation;

b.

The planned development ordinance includes regulations to ensure that the planned development will meet or exceed all performance and locational standards set forth in the county comprehensive plan;

c.

The request is consistent with the densities, intensities and general uses set forth in the county comprehensive plan and the land development code;

d.

The request is compatible with existing or approved uses in the surrounding area or can be made compatible using provisions contained in the planned development ordinance;

e.

Approval of the planned development ordinance will not place an undue burden upon existing or committed transportation or other services and facilities and will be served by adequate infrastructure. The planned development ordinance shall address the infrastructure to be provided and the necessary mitigation. The planned development ordinance can require the implementation program and the details of the mitigation to address the impacts on public facilities to be addressed in an adopted development agreement.

(5)

Subsequent to the adoption of the planned development ordinance, and before the planned development ordinance can be signed by the chairman and be effective, the planned development ordinance will be codified to include any and all changes made to the planned development ordinance at the public hearing and the applicant must submit a revised master concept plan that conforms to the requirements of the planned development ordinance as adopted. The applicant will submit the revised master concept plan which conforms to the provisions of the planned development ordinance within ten working days unless a longer period is approved by the board of county commissioners or the director of the community development department. Any revisions will be reviewed by the community development department for accuracy and consistency with all the terms of the planned development ordinance. The planned development ordinance shall go into effect on the date the planned development ordinance has been executed by the chairman of the board of county commissioners. The appeal time will run from the effective date of the planned development ordinance and not from the date of the public hearing unless the two dates are the same. If the staff and the applicant disagree on the action taken by the board of county commissioners in a public hearing, the staff and the applicant have the right to review the matter with the board of county commissioners to obtain the necessary clarification or direction.

(6)

All uses of land, water and structures permitted in planned developments shall be governed by, and controlled by, the approved planned development ordinance.

(j)

Revisions to approved planned development ordinances.

(1)

Except as specified herein, amendments to a planned development ordinance will require review and approval in accordance with the requirements of the Florida Statutes and the land development code for amendments to a duly adopted zoning ordinance. Minor changes can be approved through administrative procedures by the community development director.

a.

A minor change is a change that will not create internal or external incompatibility and will not create an increase in adverse external impacts. The minor change cannot significantly change the landscape, buffering or open space requirements. The minor change can permit the addition of a use that is similar in nature and impact to approved uses but is not included in the list of approved uses.

b.

Minor changes may include, but are not limited to:

1.

Setbacks on single lots up to five percent of total lots;

2.

Minor shifts in building orientation;

3.

Minor shifts in tract lines;

4.

Reductions in the number of units and/or gross floor area for nonresidential projects;

5.

Changes or shifting in unit types permitted within the planned development as long as there are no external impacts, and as long as the unit types requested are not more intense than the permitted unit types;

6.

Creation of active recreation in common open space areas, not to include preserve areas, or residential land uses areas designated on the master concept plan;

7.

Minor changes to an interior street as a result of site engineering that does not have an external impact;

8.

Additions of bicycle or pedestrian connections;

9.

Amendment to the phasing schedule;

10.

The planned development ordinance may identify other items that can be addressed as a minor change.

c.

All administrative amendments to an ordinance must be reflected in a written administrative amendment that identifies the nature of the amendment and compliance with the regulations regarding planned developments in general and specifically administrative amendments. The written approved administrative amendment must attach and incorporate a new master concept plan. The administrative amendment will not be effective until the approved revised master concept plan is attached to and made a part of the written administrative amendment and the administrative amendment has been executed by the community development director.

(2)

All major changes to the planned development ordinance must be done through the same process as required for the initial adoption of the planned development ordinance. The determination by the community development director that a change is a major change is not subject to an administrative appeal to the board of county commissioners.

(Ord. No. 2006-14, § 3(exh. 3), 5-9-2006; Ord. No. 2007-04, § 3(exh. 3), 2-13-2007; Ord. No. 2012-7, § 1(Exh. A), 11-13-2012)