Hardee County hereby adopts and incorporates as the Construction Codes of the County, the latest edition of the Florida Building Code, as adopted by the State of Florida; and all construction codes mandated by and subject to and including by references, such additions, amendments, and modifications that may be adopted by County ordinance or required to be added or enforced by any of the authorized boards, departments, rulemaking authorities, or Legislature of the State of Florida. The Building Official administers the Construction Codes. All persons wishing to construct any structure or improve any property within the County must abide by all construction codes and standards adopted and/or enforced by the County, as well as this Unified Land Development Code. In the event of a conflict between Code provisions, the more stringent provisions shall apply.

No building or land shall be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations specified in the Unified Land Development Code and the zoning district and future land use designation in which it is located.

(A)

A lot of record is a lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat, prior to the effective date of this Code.

(B)

If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption of this Code, and such lots individually are less than the lot width requirements for the district in which they are located, such groups of lots shall be combined and considered a single lot or shall be grouped into several lots of minimum permitted size and the resulting lot or lots shall be subject to the dimensional requirements of this Code.

(C)

All development permitted on lots of records shall be subject to setbacks and all other requirements of this Code.

No building permit shall be issued for any lot which has been reduced in area or dimension below the minimum requirements applicable to such lot under the provisions of this Code, except that when a lot is reduced in dimension or total area by 20% or less by the voluntary dedication and acceptance of a portion of such lot for a public use, the lot shall be considered to contain the dimensions and area it contained prior to such dedication. However, for purposes of measuring compliance with setback requirements of this Code, the dimensions and area of such lot as it exists after the voluntary dedication shall apply.

The development of land shall be such as to provide each lot or parcel, by means of a road or accessway, with satisfactory and permanent access to an existing road. It is anticipated that a condition of a parcel being eligible for a development permit shall include the minimum lot frontage on a road required by the zoning district in which it is located. Lots/parcels/tracts not meeting the full frontage requirements on roadways as set forth in Table 3.03.00(B), and having not been subdivided in violation of the Code, shall have frontage on a roadway in fee simple ownership of 50 feet in width or by perpetual easement recorded in the public records of Hardee County not less than 35 feet in width pursuant to the following criteria:

(A)

Parcels created prior to the effective date of this Code and having access by easement or ownership less than the required 50 feet shall be considered a lot of record for development purposes and, for purposes of zoning only, shall be entitled to a development permit.

(B)

Parcels existing after the effective date of this Code, and are documented to not have been created in violation of the County's subdivision regulations, but otherwise have fewer than 50 feet of access frontage may be approved administratively to no less than 35 feet of access frontage. Access frontage less than 35 feet shall require approval by variance, subject to the review criteria in Section 11.03.00.

(C)

Parcels created after the effective date of this Code amendment shall be required to follow the requirements of this Code.

Land being requested for development permits shall otherwise meet the requirements of the zoning district in which it is located by meeting the minimum lot width, depth, and area.

(A)

In accordance with the Hardee County Comprehensive Plan, and specifically Policy L1.13.4. of the Future Land Use Element:

Within an Agricultural area, the approval of residential development shall acknowledge that the protection of agricultural lands is a primary function of an Agricultural area, and that land management activities associated with agricultural uses may be incompatible with residential development. However, such management activities are considered to be an essential element of successful operations on agricultural lands and the continuation of such activities shall take precedence.

(B)

Farm Operations. Farm operations shall be exempt from the provisions of this Code to the extent specified in F.S. § 823.14, (Right to Farm Act) and F.S. § 163.3162 (Agricultural Lands and Practices Act). Pursuant to Chapter 604, Florida Statutes (General Agricultural Laws), nonresidential farm buildings are subject to Section 7.01.03.01 (flood hazard areas).

No structure shall be moved from one development site to another unless such structure shall, at the new location, comply with all applicable provisions of this Code.

Temporary uses are defined as those types of activities that are not regularly conducted from a permanent structure or location and are conducted for only a short period of time. Temporary uses may include a special event.

(A)

Categories of Temporary Uses.

(1)

Garage or yard sales.

(2)

Booths, platforms, food trucks, and stands used for the production and sale of prepared or processed food products, such as hot dog and portable barbecue stands, also known as "Food Stands".

(3)

Booths, platforms, and stands used for the selling flowers, fruits, vegetables, and firewood, (Flowers, firewood, fruits, and vegetables that are grown or cultivated on-site are exempt from the requirements of this Section), also known as "Produce Stands".

(4)

Sales of retail products not classified as Produce Stands, such as fireworks, crafts, and Christmas trees, also known as "Retail Sales".

(5)

Sales of vehicles to include, cars, trucks, boats, recreational vehicles, and other similar type vehicles.

(6)

Other similar uses or activities as determined by the Planning and Development Director or designee.

(7)

Special Events.

(B)

Review Criteria. Temporary Use applications shall be submitted in accordance with Section 2.07.00(C), through the Planning and Development Director or designee, and evaluated for the following items.

(1)

Whether there is a legally established non-residential land use on the property.

(2)

Whether the proposed temporary use is incidental and subordinate to the legally established non-residential land use.

(3)

Whether the property is appropriately sized to accommodate all activities without infringement into public rights-of-way.

(4)

Whether all setback requirements and off-street parking and loading are consistent with the applicable district requirements.

(5)

Whether the proposed temporary use is compatible with surrounding properties.

(6)

If the proposed temporary use will attract 250 people or more at any given time during the event or will involve amplified music, whether it is appropriately sized to ensure that noise, odor, lighting, and traffic impacts to surrounding properties will be minimized and is compatible with surrounding properties.

(7)

Whether proposed strategies for mitigating noise, odor, lighting, and traffic impacts adequately protect the surrounding property owners.

(8)

Whether the hours of operation of the proposed temporary use are compatible with surrounding properties.

(9)

Whether adequate measures have been taken to ensure the safety of participants and customers, including but not limited to crowd control, fire safety, and emergency access.

(10)

Whether adequate plans exist to ensure that trash and debris are removed from the site within 24 hours of the conclusion of the proposed temporary use.

(11)

Whether consumption, distribution, or sale of alcoholic beverages comply with this Code and all other Federal, state, and local regulations.

(12)

Whether proposed temporary signage is compatible with surrounding areas, not intruding into the public right of way, or otherwise posing a safety hazard.

(13)

Whether appropriate measures have been made to avoid the repeat of any previous violations or infractions of prior temporary uses.

(C)

Application Requirements. Except as provided herein, no person or entity shall stage, conduct, manage or authorize a Temporary Use without first obtaining a Temporary Use Permit from the County.

(1)

Garage or yard sales require no permit from the County and shall be permitted in any district, notwithstanding the following:

(a)

The property where the sale is to be held must also contain a principal structure and,

(b)

Frequency of sales is limited, as noted in Section 2.07.00(E).

(2)

All temporary use requests, with the exception of garage or yard sales, shall be required to apply for a Temporary Use permit, which is an administrative review. Application requirements include, at a minimum:

(a)

Identification of legally established non-residential principal land use on the property to be used for the temporary use.

(b)

Description of the temporary use proposed.

(c)

The hours of operation and anticipated duration of the temporary use.

(d)

The number of persons expected to attend the temporary use on a daily basis and over the duration of the temporary use together with the highest anticipated attendance at any time.

(e)

A site layout plan that addresses location of temporary uses, access, parking area, pedestrian and vehicular travel patterns and distance from surrounding properties.

(f)

Description of any amplified sound or music to be provided including the location of speakers and measures to be implemented to minimize noise impacts on surrounding properties.

(g)

Description of potential impacts (e.g. noise, odor, traffic, lights) to surrounding properties and mitigation efforts to minimize such impacts.

(h)

Description of safety and security measures to be followed, as well as a waste management plan.

(i)

Description of temporary uses on the properties within the current calendar year.

(j)

Description of any planned advertisement and marketing strategies.

(k)

Description of any activities that require permitting from other agencies, such as the Florida Department of Health and the status of such permitting.

(l)

Provision of necessary permitting from the County or applicable agency if utilization of or closure of any public rights-of-way are being proposed.

(m)

Provision of any other additional information as requested by the County or reviewing agencies which is deemed necessary to evaluate the application.

(D)

Review Procedures. Upon receipt of completed application packet and appropriate fees, (to be received no later than 15 business days prior to meeting place and special event type temporary uses), the Planning and Development Director or designee, will administer the review in accordance with the following:

(1)

For special events and meeting place temporary uses, the application packet will be distributed for review to the applicable department directors and any other affected division or agency, for review and comments.

(2)

Each reviewing department director, agency, or division shall review the application to determine if it is in compliance with applicable laws, rules, and regulations within each reviewing agency's purview and if the health, safety, and welfare of the participants, as well as that of the surrounding community are reasonably protected.

(3)

In the event that a department director, agency, or division determines that it cannot support the proposed temporary use or can only do so with conditions, they shall notify the Planning and Development Director or designee, of such objections or conditions.

(4)

Upon receipt of responses from each department, agency, and/or division, the Planning and Development Director or designee, shall approve the application, approve the application with conditions, or deny the application for failure to meet the standards of approval.

(E)

Frequency Limitations. An applicant may apply for a new temporary use permit or apply for renewal of an existing temporary use permit on the same lot(s) or parcel(s), in accordance with the following limitations:

(1)

Food stands: maximum of 60 days per calendar year per parcel.

(2)

Retail stands: maximum of 60 days per calendar year per parcel.

(3)

Produce stands: maximum of 60 days per calendar year per parcel.

(4)

Special events: maximum of 14 days per calendar year per parcel.

(5)

Garage or yard sales: Although permits are not required, limited to four times a calendar year with a limit of three days per sale per parcel.

(6)

All other uses not specifically addressed: maximum of 30 days per calendar year per parcel.

(7)

Applicants may not obtain a permit for a temporary use for the same parcel if that site has exceeded the time limitation for that calendar year. In the event that an applicant requests a temporary use permit for a parcel that has previously received a permit for an activity that is different from the current permit request, the most restrictive time limitation for the applicable temporary use shall apply.

(F)

Signage for Temporary Uses. Signs for Temporary Uses shall be in accordance with Article 6 except the time limit for signs for food stands, produce stands, special events, and meeting place temporary uses may be for the duration of the temporary use approval.

(G)

Performance Bond Requirements.

(1)

For special events or meeting places types of temporary uses with expected attendance greater than 250 people, the applicant shall obtain a performance bond on behalf of Hardee County in the sum of $10,000.00, conditioned that the applicant shall conduct the approved temporary use in accordance with the approval and any imposed conditions and that any damages to public infrastructure, demands for removal, or other failure on the part of the applicant, the amount thereof shall be recoverable by the County for any damages resulting from the failure.

(2)

The performance bond provisions may be waived or modified by the County Manager or designee, upon written request accompanied by evidence of financial responsibility, an estimate demonstrating coverage less than $10,000.00 is sufficient to cover any damages or failure to comply with approval, or demonstration of the successful execution of prior temporary uses.

Any person, firm, or corporation owning property in Hardee County may apply for a Limited Special Use Permit in a residential district for medical and family emergencies. There are no allowances for Limited Special Use Permits in any commercial or industrial districts. Limited Special Use Permits shall be granted only by the Board of County Commissioners in a public hearing that has been advertised in accordance with this Code. Limited Special Use Permits granted by the Board of County Commissioners shall be the minimum necessary to provide a reasonable relief of an unusual and temporary situation and use of the property and may be approved subject to time limits or any other conditions that the Board of County Commissioners deems appropriate. Section 9.06.00 outlines the application process for limited special use permit for medical and family emergencies.

See Section 10.02.02.

See Section 10.02.03.

See Section 10.02.04.

See Section 10.02.05.

See Section 10.02.06.

Temporary tents include canopies and tents with sides. Tents over 200 square feet in area or larger may be erected temporarily on property where a structure is already established regardless of its zoning district, upon issuance of a permit from the Hardee County Building Department and subject to the following requirements:

(A)

Temporary tents may not be erected more than two times per year per parcel, for periods not exceeding two weeks. The Planning and Development Director may approve an additional two-week extension.

(B)

Tents of 199 square feet or less do not require a permit. Tents exceeding 200 square feet require a permit and any applicable permit fees in the amount adopted by the Board of County Commissioners.

(C)

Tents over 400 square feet shall require a special limited time building permit, to be obtained by a contractor who is registered with the County. All tents shall be erected as required by the manufacturer's installation instructions. A site plan showing the location of the tent, on-site parking, and access must be submitted by the permittee. No tent may block ingress and egress to a site. The plan need not be to scale, but distances should be accurately depicted and noted on the plan. For large sites, parking may also be indicated by a statement of how many total parking spaces exist and how many are blocked and/or occupied by the tent.

(D)

Tents shall be allowed for a maximum of 15 days; the time limit may be extended up to 30 days by the Planning and Development Director. Tents shall be completely removed upon the expiration of the time limit stated in the permit.

(E)

Tents shall not be erected on public streets, sidewalks, or rights-of-way unless the Board of County Commissioners has granted approval to close such streets, sidewalks, or rights-of-way to accommodate the tent. All tents/temporary structures require flame resistance certification. Fire extinguishers shall be provided as determined by the Fire Prevention Code. Any electrical service shall be installed by a licensed electrical contractor and approved by the County Building Department. Open flames or cooking shall not be permitted in tents. Any sanitary facilities that may be required on site shall comply with Hardee County Health Department standards.

(F)

No more than 10% of the existing parking area is used, and the temporary tent does not block any point of ingress or egress to the site.

(G)

All electrical connections must be permitted and receive a "passed inspection" by the Building Department.

(H)

The temporary tent must be inspected and approved by the Hardee County Fire Department as being in compliance with all relevant Fire Code regulations.

(I)

Sanitary facilities for the public, customers or patrons shall be provided on-site through the use of portable toilets, and sanitary facilities requirements will be regulated by the State of Florida, Department of Health.

(J)

A user must have written notarized consent from the owner or authorized agent of the property on which the tent is to be located prior to issuance of the permit. All parking shall be on-site, and the tent shall not reduce the existing number of parking spaces by more than 20%.

No tents shall be erected, used, or maintained for living quarters except for camping or recreational activities.

Prior to final plat approval by the Board of County Commissioners and subsequent to the applicant's receipt of the County's written approval of Certified Subdivision Plans with infrastructure approval, model homes and temporary sales offices may be permitted within residential subdivisions, for the sale of lots/homes. The following requirements shall apply to all model homes and temporary sales offices constructed prior to final plat approval:

(A)

Each proposed subdivision shall be allowed at least one model home.

(B)

The model home, or a separate modular unit, may be permitted as a temporary sales office for the project developer, builders, or their agents. Applicants shall receive approval from the County prior to starting construction on any model home.

(C)

All model home units shall meet all lot area, setbacks, parking, and unit separation requirements of the zoning district in which they are located. Failure of a model home to comply with the required setbacks shall result in a refusal to issue a certificate of occupancy for that home.

(D)

Fire hydrants and a stabilized road base and fire protection facilities shall be constructed and approved for use prior to the issuance of any building permits for model homes and the temporary sales office. The applicant shall be responsible for maintaining the stabilized road base in a manner that allows for the safe passage of fire/rescue equipment. Should the road surface be found in an unsafe condition, the Building Official shall issue a "Stop Work" order on all model homes under construction until such time the roadway is brought back to a safe condition.

(E)

Should the fire hydrants and a stabilized road base not be in place, model homes may be constructed according to standards established in the latest edition of NFPA (National Fire Protection Association) Publication 1141, Standard for Fire Protection Infrastructure for Land Development in Suburban and Rural Areas, and as may be amended.

(F)

To receive/seek final subdivision approval, a scaled drawing of the subdivision showing the locations of all model homes, shall be submitted to the Building Department.

(G)

Model homes and temporary sales offices may continue operation until all lots or houses within that subdivision are sold. Certificates of Occupancy may not be issued for model homes until the subdivision plat has been approved by the County and recorded with the Clerk of the Courts.

(H)

Signs used for model home and temporary sales offices shall conform to the requirements of Article 6. All signs shall be reviewed for placement, design, and duration.

A modular home or building shall be permitted in all zoning districts provided their use satisfies the definition of "Modular Home or Building" as contained in Article 14, Definitions and Acronyms. In addition, modular homes or buildings shall also satisfy the following requirements:

(A)

Any modular home or building shall be of the type that is consistent with the certification requirements of the Florida Department of Community Affairs which shall be demonstrated to the satisfaction of the Building Official prior to issuance of a building permit.

(B)

Modular homes or buildings shall be constructed on a finished slab or block stem wall. If constructed on a raised block stem wall the exterior of the stem wall shall be finished with stucco, brick, or other material of similar aesthetic appearance.

Building height regulations in the individual zoning districts may be exceeded in the case of some structures, including, but not limited to, steeples, industrial structures, communication towers and airport structures. Where the height limit is exceeded, the setback from all property lines to the structure shall be one foot for every foot of height with the exception of a provision for a 50% to 99% of height setback from communication towers allowed by Special Exception in F-R, I-1, I-2, A-1, and P-I-zoned districts.

(A)

A use is established when land has been declared to be usable, or permitted, for a particular use or activity, as identified within each zoning district. A "change of use" is a change from one permitted land use to another permitted land use.

(B)

A change of use may require more restrictive development standards than those required of the original permitted use. Such conditions for which this may occur include, but are not limited to, the following:

(1)

The new use is completely different in character than the present use;

(2)

The new use is regulated in a different manner than the present use; and/or

(3)

There is an intensification of use from the present use.

(C)

Landscaping and buffering requirements may apply for any change of use which results in the property becoming a higher impact/higher intensity use. Buffer yards are required with a change of use to a more intense use.

(D)

If the change of use triggers a change in occupancy or square footage by 10%.

(E)

The Development Review Committee (DRC) shall review change of use requests that trigger site development plan review.

(A)

The development of affordable housing units is encouraged in Hardee County by certain incentives and criteria approved by the Board of County Commissioners as established through Resolution 00-57.

(B)

Where a developer voluntarily provides a substantial number of dwelling units that qualify as affordable housing under the definition provided in Article 14, Hardee County may authorize an increase in residential density. The purpose of this Section is to increase the supply of affordable housing resources for families of low and moderate income, and to provide incentives for private-sector developers who address this need.

(C)

Density bonuses for affordable housing shall be awarded under the following conditions:

(1)

Density bonuses shall be considered only in PUD, R-0.5, R-1-, R-2-, R-3- and F-R-zoned districts. In no case shall a density bonus result in a density greater than that permitted in the underlying Future Land Use designation.

(2)

Development sites shall include a minimum of 20% of the units that meet the definition of low and very-low income housing as set forth in Hardee County Affordable Housing Program. If the funding through the State Housing Initiatives Partnership (SHIP) program is utilized for the project, then at least 10% of the affordable housing units shall be occupied by households earning 50% or less of the metropolitan statistical area median income.

The low and very-low income housing units must be certified by the Board of County Commissioners as meeting the criteria for designation of an affordable housing project.

(3)

Affordable units shall be evenly distributed throughout the site and shall not be clustered into particular areas. Site Development Plans or Subdivision Plats shall note the location of all affordable housing units.

(4)

Affordable units shall be similar in appearance and design with surrounding units and must be compatible with the balance of the development.

(5)

Where density bonuses are approved, single-family development minimum lot size, minimum lot width, minimum lot depth and minimum floor area may be reduced by 20% from that specified in Section 3.03.00, Table 3.03.00(C), Table of Development Standards, for R-0.5, R-1-, R-2-, R-3- and F-R-zoned districts. Principal building setbacks shall meet the following minimum standards, regardless of zoning district:

The above standards may be applied to all single-family residential units within the development site, including those not qualifying as affordable housing.

(G)

Application for approval of a density bonus shall include a statement indicating the number, type(s) and approximate cost of the units being represented as affordable housing. The Planning and Development Division shall determine the maximum allowable cost of units offered either for sale or rent, based on the most recent U.S. Census data or other available information. Units qualifying as affordable housing shall not be rented or sold above this maximum allowable cost for a period of two years following the issuance of Certificates of Occupancy. If funding of more than $1.00 is provided through the SHIP program, units must remain affordable for 20 years.

(H)

Density bonuses may be approved administratively upon receipt of all necessary development plans and documents meeting the standards listed above. However, at the County Manager's/designee's discretion, any application for a density bonus may be referred to the Planning and Zoning Board for review and recommendations, and to the Board of County Commissioners for final approval. In such cases, the application may be denied based on potential incompatibility with surrounding development or approved with any conditions necessary to ensure compatibility.

Per F.S. § 125.0155, through October 1, 2033:

(A)

The County shall authorize multifamily and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40% of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in F.S. § 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a county may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65% of the total square footage must be used for residential purposes.

(B)

The County may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any unincorporated land in the County where residential development is allowed.

(C)

The County may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within one mile of the proposed development or three stories, whichever is higher.

(D)

A proposed development authorized under this subsection must be administratively approved and no further action by the Board of County Commissioners is required if the development satisfies the land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the Comprehensive Plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.

(E)

The County shall consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within 1/2 mile of a major transit stop, as defined in the County's Unified Land Development Code, and the major transit stop is accessible from the development.

(F)

For proposed multifamily developments in an unincorporated area zoned for commercial or industrial use which is within the boundaries of a multicounty independent special district that was created to provide municipal services and is not authorized to levy ad valorem taxes, and less than 20% of the land area within such district is designated for commercial or industrial use, a county must authorize, as provided in this subsection, such development only if the development is mixed-use residential.

(G)

Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations.

(H)

This subsection does not apply to property defined as recreational and commercial working waterfront in s. 342.201(2)(b) in any area zoned as industrial.

(I)

This subsection expires October 1, 2033.

Accessory uses, as defined in Article 14, are incidental and secondary to a principal use that is permitted in a given zoning district. Accessory structures, as defined in Article 14, are those that are incidental and secondary to a principal structure that is permitted within a given zoning district. It is the purpose of this Section to regulate the height, size, location, setback, and use of accessory structures to ensure that they do not adversely affect nearby residents or surrounding properties.

Typical accessory structures associated with residential uses are detached garages and carports; storage buildings; fences (See Section 2.16.05); swimming pools (See Section 2.16.05); bathhouses; yard structures, such as gazebos; boathouses, docks, slips and piers (See Section 2.16.02); and other similar structures.

Commercial and industrial uses also have accessory structures and uses, which include; garages, sheds, satellite dishes, antennas, security structures, special fencing and walls, solid waste pads and collection structures, and similar structures.

In addition to the standards provided below, accessory structures shall meet all requirements set forth in individual zoning districts and other applicable provisions of this Code. One or more accessory structures may be permitted on a development site, provided that the following requirements are met:

(A)

Accessory structures shall not be constructed prior to the principal structure except in F-R, FR-2, FR-2.5, and A-1-zoned districts.

(B)

All accessory structures shall comply with the Florida Building Code and all standards of this Code pertaining to the principal use.

(C)

Accessory structures shall not be located in a required landscape buffer.

(D)

Accessory structures shall be included in all calculations of impervious surface and stormwater runoff.

(E)

All accessory structures shall be shown on a Site Development Plan when one is required.

(F)

Except where otherwise provided, accessory structures shall be separated from each other by at least five feet, shall be set back from the principal structure no less than five feet; and shall be set back from the rear and side yard property lines no less than seven feet.

(G)

No mobile home, manufactured home, trailer, semi-trailer, RV, or vehicle of any kind shall be allowed as an accessory structure on any development site except as allowed in the following sections.

(1)

Section 10.02.02 "Temporary Office or Construction Trailer".

(2)

Section 10.02.03 "Temporary RV for Use During Construction of a Residence or as Disaster Relief not Related to a Declaration of Emergency".

(3)

Section 10.02.04 "Use of Temporary Shelter after Declaration of Emergency".

(4)

Section 2.08.00 "Temporary Special Use Permit for Medical and Family Emergencies".

(5)

Section 2.16.01 "Accessory Dwelling Units".

(H)

When associated with a commercial or industrial use, the accessory use must be clearly secondary, incidental, and subordinate and may not generate any activity or condition that would increase the design standard for the principal use.

(I)

Accessory structures on commercial or industrial development sites must be set back 10 feet from the rear and five feet from the side lot lines and a minimum of five feet from each structure.

(J)

All outdoor storage areas will be enclosed by suitable vegetation, fences, or walls in commercial zoning districts consistent with landscaping requirements in Article 5.

(A)

ADUs will be allowed in the following zoning districts: R-0.5, R-1, FR-2.5, F-R, FR-2, and A-1. Within each district cited only one ADU may be permitted, provided that the lot or parcel is not of lesser size and dimension due to a lot of record status. In the R-0.5 and R-1 districts, maximum lot coverage shall not exceed 60%. In the FR-2.5, F-R, FR-2, and A-1 districts, maximum coverage shall not exceed 45%.

(B)

Within residential areas, only one accessory dwelling unit may be provided in addition to the primary dwelling unit. An accessory dwelling unit shall be permitted only as accessory to, and on the same lot as, a single-family dwelling, and are not permitted as accessory to a two-family dwelling, multifamily dwelling, or manufactured home dwelling. All new construction shall meet the most current requirements of the Florida Building Code and related codes.

(C)

The accessory dwelling unit may be located within/attached to the primary building (i.e., mother-in-law suite) or may be a detached, separate building (i.e., guesthouse) on the lot or parcel. An accessory dwelling unit attached to the principal dwelling shall have an operative interconnecting door with the principal dwelling and shall have a principal access only from the side or rear yard of the principal dwelling.

(C)

The accessory dwelling unit may not be sold independent of the principal structure.

(D)

The use of a mobile home, recreational vehicle, or a similar vehicle as an accessory dwelling unit is prohibited.

(E)

Accessory dwelling units located within/attached to the primary building (i.e., mother-in-law suites) must meet the following requirements:

(1)

No more than one shall be permitted on any residential lot or parcel.

(2)

Shall be located within or attached to the principal building. The principal building shall be construed to mean the dwelling unit or house located on the lot or parcel, and not any other accessory structure. Attached herein means either a physical connection to an existing wall or walls of the principal structure or by an attached roof breezeway not to exceed a length of 10 feet.

(3)

Shall not exceed more than 40% of the principal residence's total floor area, not more than 800 square feet, or less than 300 square feet, nor have more than two bedrooms.

(4)

As viewed from the street the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications to the property to accommodate an accessory dwelling unit shall conform to the residential character and architectural aesthetics of the neighborhood.

(5)

Front and rear setbacks shall comply with the setbacks established in the allowed zoning districts.

(F)

Detached Accessory dwelling units, which are dwelling units not located within the principal building (i.e., guesthouse), must meet the following requirements:

(1)

Shall be no closer than five feet to the principal building or any other accessory building.

(2)

Shall not exceed more than 40% of the gross square feet of the principal building, not more than 800 square feet, or less than 300 square feet, nor have more than two bedrooms.

(3)

The accessory dwelling unit shall be located within the building envelope for the lot or parcel.

(4)

As viewed from the street the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications to the property to accommodate an accessory dwelling unit shall conform to the residential character and architectural aesthetics of the neighborhood.

(5)

Setbacks shall comply with the setbacks established for accessory structures.

(6)

A building permit application for an accessory dwelling unit requires a restrictive covenant to restrict the subdivision and sale of an accessory dwelling unit separately from the primary dwelling and to provide notice of County Code requirements to future purchasers of the property. This restrictive covenant shall be notarized and then recorded with the Hardee County Clerk and Recorder's office. Please submit this restrictive covenant with the recordation information with any building permit application associated with the Accessory Dwelling Unit (ADU).

(G)

The construction or addition of an accessory dwelling unit shall not cause the maximum lot coverage established by the zoning district to be exceeded.

(H)

At least one, but no more than two, off-street parking spaces shall be provided for an accessory dwelling unit (in addition to the off-street parking required for the principal use).

(I)

A certificate of occupancy shall be required for all accessory dwelling units.

(J)

Permitting. A request for an ADU shall be processed as a Permitted with Conditions Use. Upon approval, an applicant shall file for a building permit, following the procedures as set forth in this Code. Where water and sewer utilities are available, ADUs shall be required to connect to said utilities. Where on-site utilities are the sole method of potable water and wastewater treatment supply, the ADU shall be required to have its own septic tank; however, the ADU may share an existing potable water supply. In any instance, permits from the Hardee County Health Department for on-site water and septic systems shall be required.

Boat slips/ramps, docks, boathouses, and fishing piers are permitted in all districts as an accessory use. Private boat slips/ramps and docks may be constructed by the owner on any lot bordering a lake or waterbody, providing they comply with the following:

(A)

Docks shall not extend into the lake a distance greater than 50 feet measured from the regulatory water line.

(B)

In residential districts, no boathouse or permanent structure covering a dock, pier, boat slip or boat ramp is permitted beyond the regulatory water line. Permanent accessory structures may be permitted landward of the regulatory water line, when permitted and constructed in accordance with all pertinent Codes of Hardee County.

(C)

The applicant shall provide to the Building Department complete plans, specifications, and details. The Building Department shall determine if such plans meet all requirements of this Code.

(D)

Any dock, pier, boat slip, or boat ramp shall be required to secure all appropriate State and Federal permits.

Cargo containers shall be permitted in accordance with the following:

(A)

As a temporary use in any zoning district in conjunction with an authorized construction project. It shall be removed upon completion of the project unless properly permitted to remain as permanent storage in accordance with Section 2.20.03(B).

(B)

Cargo containers are permitted to be used as accessory structures for permanent storage in the A-1, C-2, I-1, I-2, P-I, and CIBC zoning districts.

(1)

Within the A-1 and C-2 zoning districts, cargo containers are permitted at a density of one container unit per acre, or fraction thereof, up to a maximum of three units, as long as they meet the requirements of Section (B)(3).

(2)

Within the I-1, I-2, and C/IBC zoning districts cargo containers are permitted without a density limitation so long as they meet the requirements of Section (B)(3).

(3)

All cargo containers must be in accordance with the following requirements:

(a)

All cargo containers shall comply with the Florida Building Code, Florida Fire Prevention code, and shall require a building permit.

(b)

All cargo containers shall be placed in either the side or rear yard and meet accessory structure setbacks for the applicable zoning district or the set back as outlined in the Condition (3)(b), whichever is more restrictive.

(c)

Cargo containers located on a residentially developed lot, or that is adjacent to residentially developed lots or structures, shall be buffered and/or screened from the adjacent off-site residential lot or structure with a well maintained, minimum ten-inch wide "Type A" landscape buffer, per Section 5.13.07 of this Code. Additionally, they shall maintain a minimum setback of 15 feet.

(d)

Cargo containers shall not be stacked above the height of a single container.

(e)

Cargo containers shall not be located within any drainage easements.

(f)

Cargo containers shall not occupy any required off-street parking spaces, vehicular access points or drive aisles, pedestrian facilities, or landscape areas for the site. Cargo containers may not be placed in a manner that renders the site nonconforming with off-street parking, loading landscaping areas, or lot coverage requirements.

(g)

Cargo containers shall not be permitted to have signage of any type.

(h)

Cargo containers shall be maintained free from rust and graffiti.

(4)

Requests for an exception to this Section may be submitted in accordance with Section 11.04.00.

(C)

Cargo Containers may be modified or retrofitted for habitation in accordance with the Florida Building Code and all other requirements of the Code.

Carports are permitted to be free-standing structures that meet the general requirements for accessory structures. A carport may also be attached to or located within three feet of the principal structure.

(A)

Permit. Existing residence shall not require a fence permit, but fence construction must comply to County standards per the Unified Land Development Code. In new subdivisions, a wall shall require a permit and comply with County standards. A fence in a new subdivision shall be reviewed for approval by the Planning and Development Director.

(B)

Location. All fences must be located outside of a public right-of-way. No fence or other obstruction, including signs walls, hedges, or other structures shall be permitted within the Clear Visibility Triangle, as defined by Section 5.02.02(C) of this Code unless specifically allowed by that section.

(C)

Height. Unless required through a special use, administrative approval, or approved as a variance, the height requirements below must be followed.

(1)

Residential Uses and Zoning Districts.

(a)

No fence or wall above four feet in height shall be allowed in front or side street setback areas. Side yard fences shall be permitted to a height of six feet from the rear property line to a point parallel to the front yard setback line. See Figures 2.16.05(A) through 2.16.05(D).

(b)

On a through lot, other than a corner lot, a six-foot fence may be placed on the rear property line adjacent to an Arterial Road, and in such instances, such lot shall not be treated as a through lot for setback purposes. If residential structures on abutting properties face or have access to the Arterial Road, this exception shall not apply.

Figure 2.16.05(A): Residential Zoning Fence Requirements

Figure 2.16.05(B): Illustration of Fencing on Corner and Interior Lots

Figure 2.16.05(C): Illustration of Fencing on Corner and Interior Lots

Figure 2.16.05(D): Illustration of Fencing on Corner and Interior Lots

(c)

Unless otherwise specified in this Code, permitted non-residential uses in residential zoning districts may have a fence up to six feet in height to ensure compatibility between residential uses and more intense non-residential uses.

(d)

Exemptions. The following uses shall be exempt from these requirements:

1.

Utility and power substations.

2.

Water and wastewater facilities.

3.

Public swimming facilities.

4.

Stormwater retention ponds.

5.

Farm fences (per F.S. § 604.50).

(2)

Non-Residential Uses and Zoning Districts. Unless otherwise specified in the Code:

(a)

Fences placed on property located in an office, commercial, or industrial zoning district, which is presently being utilized for residential purposes, shall have a maximum fence height of six feet in the front, rear, and side yards.

(b)

Fences shall be a maximum of eight feet in height in front, rear, and side yards.

(3)

Height Measurement. Fence and wall height shall be measured as the vertical distance between the lowest finished grade at the base of the fence and the top edge of the fence material. Posts or columns may include a cap piece which may extend up to 12 inches above the allowable fence height. The finished grade shall be that as shown on the approved grading plan for the site at the time of initial development of the residential subdivision, multifamily development, or nonresidential development. In cases where a retaining wall does not require the approval of a grading plan, the finished grade shall be as determined by the Public Works Director, or designee.

(a)

Berms. Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. Fences or walls that exceed the height limits established in this Section shall meet side and rear setback requirements applicable to accessory structures, and front setback requirements applicable to principal structures.

(b)

Retaining Walls. When a fence or wall is placed atop a retaining wall, the height of the fence shall be determined exclusive of the height of the retaining wall such that the top of the retaining wall is considered the finished grade.

(c)

Barbed Wire. Barbed wire located at the top of substation fencing is appropriate for safety.

(D)

Materials and Design.

(1)

No fences shall be installed, constructed, or erected without complying with the following regulations:

(a)

No fence shall contain any substance designed or reasonably likely to inflict injury to any person or animal, including, but not limited to, razor or barbed wire, glass, materials with sharp edges, or electrically charged wire; with the exception that barbed wire may be used consistent with Section 2.16.05(C)(3)(c).

(b)

Notwithstanding the provisions of this Section, the use of security fencing may be used at sites, such as electrical substations and communications facilities, where such fencing is required by Federal, State, or local law, or other sections of this Code. Further, temporary security fencing may be utilized for construction sites while a permit for the work is active for the construction site. All temporary fences shall be removed prior to the issuance of a Certificate of Occupancy.

(2)

Residential properties that are less than 1/3 acre in size must have the finished side of all fencing facing outward.

(E)

Swimming Pools. Swimming pools shall be fenced as required by State statute.

(F)

Gates. All gates or double gates intended for the use for vehicles, trailers, boats, RVs, and other recreation equipment for ingress/egress purposes shall be set back a minimum of 10 feet from all property lines. If there is a natural or physical obstruction and visibility is not impaired, a reduction in the 10 feet may be administratively approved by the Planning and Development Director.

(G)

Architectural Features. Architectural features, eaves, chimneys, fireplaces, balconies, stoop, steps, handicapped ramps, and the like may not project into the required front yard setback by more than 30% of the required front yard setback or 2 1/2 into the side or rear yards in all residential zoning districts.

A home-based occupation may be conducted within a residential dwelling that is zoned for residential use under the following provisions:

(A)

Accessory to Residential Use. The home occupation shall be conducted within the residential dwelling that is the residence of the home occupation practitioner and shall be clearly incidental and subordinate to the use of the dwelling for residential purposes.

(B)

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

(C)

Residential Character. Under no circumstance shall the residential character of the property be changed by the home occupation. As viewed from the street the use of the residential property shall be consistent with the uses of the residential areas that surround the property. External modifications to the residential dwelling to accommodate a home occupation shall conform to the residential character and architectural aesthetics of the neighborhood.

(D)

Retail Transactions. The business shall not conduct retail transactions at a structure other than the residential dwelling; however incidental business uses and activities may be conducted at the residential property.

(E)

Signage. A non-illuminated sign, not exceeding two square feet in area, may be displayed provided the sign is affixed flat against the exterior wall of the residential dwelling.

(F)

Parking. The home occupation shall not generate parking needs in greater volume than would normally be expected to serve a similar residence where no business is conducted. No additional parking spaces shall be provided in excess of those required to serve the residential unit under Section 5.09.00 "Off-Street Parking and Loading". Vehicles and trailers associated with a home occupation business must be parked in legal parking spaces and not within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

(G)

Parking or Storage of Heavy Equipment. Parking or storage of heavy equipment shall comply with the standards under Section 5.09.02(B)(1) "Parking of Heavy Trucks, Commercial Motor Vehicles, Trailers, Semitrailers". For the purposes of this paragraph, the term "heavy equipment" means commercial, industrial, or agricultural vehicles, equipment, or machinery.

(H)

Performance Standards. No home occupation shall involve equipment or processes that may create or cause to be created noise, odors, vibration, glare, smoke, dust, electrical interference or hazards dangerous to the public health, safety and welfare, consistent with the standards of performance under Section 5.12.00. In case of electrical interference, no equipment or process shall be used that creates visual or audible interference in radio, camera, computerized equipment, or television receivers, or causes fluctuations in line voltages off the premises.

The requirements for Communication towers and Communication Antennas are located in Section 4.02.13.

To the extent not superseded by Federal Law or regulation, radio and television antennae and dishes shall be considered accessory structures subject to the following requirements and conditions:

(A)

A freestanding satellite dish and/or antenna shall be an accessory use only and shall not be the principal use of the property.

(B)

Antennas and/or freestanding satellite dishes shall not exceed 50 feet in height. Where mounted on a building, the combined height of the building and the antenna shall not exceed the maximum permitted building height in the applicable zoning district.

(C)

Antennas and/or satellite dishes shall not be located forward of the front building line or within a required side street setback area.

(D)

An antenna and/or satellite dish not mounted on or affixed to a principal structure shall be set back from all property lines a distance equal to its height. Setbacks shall be measured from the outermost projection of the antenna or supporting structure.

(E)

The following regulations apply to antennas and/or satellite dishes in R-0.5-, R-1-, R-2-, R-3, F-R, A-1, FR-2, and FR-2.5-zoned districts:

(1)

A satellite dish and/or antenna shall be permitted only as an accessory use to a single-family detached dwelling unit, or for the common use of the residents of a multiple-family structure or a mobile home park or a recreational vehicle park.

(2)

Roof-mounted satellite dishes and/or antennas shall be permitted in single-family developments, multi-family developments, mobile home parks and recreational vehicle parks. Roof-mounted satellite dishes and/or antennas in mobile home parks or recreational vehicle parks shall be affixed only to buildings of conventional construction.

(3)

Only one satellite dish and/or antenna of each type is allowed (e.g., Television, Citizens Band, Radio and Ham operations).

(4)

No installation, including supports, shall be located in any required yard(s) or in any easement or right-of-way; and

(5)

No advertising material shall be allowed on any antenna or dish; and

(6)

All antenna and dish installations shall be constructed of materials that blend with the surroundings.

(F)

The following regulations apply to antennas and/or satellite dishes in C-1-, C-2-, I-1-, I-2-and P-I-zoned districts.

(1)

A satellite dish and/or antenna shall be permitted either as an accessory use or, if permissible in the zoning district, a principal use. However, the satellite dish and/or antenna, if an accessory use, shall not be installed prior to construction of principal use.

(2)

More than one satellite dish and/or antenna per lot is permitted in commercial and industrial districts.

(3)

Freestanding (not affixed on top of a building) radio and television antenna and dishes shall set back from all property lines a distance of at least 50% of the height of the antenna or dish.

(4)

No installation, including supports, shall be located in any required easement or right-of-way.

(5)

Antenna and dishes that are roof mounted shall be located and designed to minimize the visual impact on surrounding properties and from public right-of-way.

(6)

All antenna and dish installations shall be constructed of materials and in colors that blend into the surroundings and shall be screened by harmonious, architectural features and landscaping.

(G)

Exceptions.

(1)

Radio and television antenna and dishes installed for use by military and emergency personnel including, but not limited to, civil defense, police, and fire personnel and agencies, may be erected and operated in any location and shall be exempt from the provisions of Subsections (E) and (F) above.

(2)

Subject to prior review and approval by the County Commission, radio and television receiving and transmitting antenna and dishes in conjunction with places of public assembly may be permitted.

(3)

Nothing in this Section shall preclude the erection and operation of ham radio transmitting antenna and dishes which comply with Subsections (E) and (F) above.

(A)

Residential Swimming Pools for Single-family/Duplex/Individual Townhouse. Swimming Pools are permitted for all single-family homes and duplexes as an accessory and must comply with all applicable regulations. Single-family swimming pools shall meet the following requirements:

(1)

Swimming pools shall be permitted accessory to a single-family home, duplex, or individual townhouse use only in accordance with Chapter 515 of the Florida Statutes and the Florida Building Code and shall be at least seven feet from any lot line or five feet from any building, as measured from the edge of the water.

(2)

Swimming pools, including all decking and screened enclosures, shall be located to the rear of the front building line, and shall not encroach into side street setback areas on corner lots.

(3)

Screened enclosures over and around swimming pools shall be erected so as to be at least five feet from any side or rear property line, as measured from the edge of the structure, and such enclosures may be attached to the principal building. Lighting for pools shall be located and installed such that no direct lighting or reflected lighting is visible on adjoining property. A screened enclosure over a patio without a swimming pool may be constructed if it meets the above requirements.

(4)

Swimming pools shall not be located within public utility or drainage easements alongside and rear lot lines. For purposes of setback measurement, the term "swimming pool" shall include all surrounding decking and vertical supports for screened enclosures.

(5)

All swimming pools, including aboveground pools, shall be completely enclosed by a fence, screened enclosure or a wall not less than four feet high. Per Florida Statute 515, the structure of an above ground swimming pool may be used as its barrier or the barrier for such a pool may be mounted on top of its structure; however, such structure or separately mounted barrier must meet all barrier requirements of this Section. In addition, any ladder or steps that are the means of access to an aboveground pool must be capable of being secured, locked, or removed to prevent access or must be surrounded by a barrier that meets the requirements of this Section.

(6)

No swimming pools in residential districts may be used for commercial purposes unless designed and permitted as a public pool meeting all the requirements for public use.

(B)

Public Swimming Pools.

(1)

Public Swimming Pools in residential districts include swimming pools at multi-family developments and other shared facilities. They shall meet the applicable district accessory structure setback requirements and public swimming pools in non-residential districts shall meet the requirement of 2.16.00(I). For purposes of setback measurement, the term "swimming pool" shall include all surrounding decking and vertical supports for screen enclosures.

(2)

Swimming pools shall not be located within public utility, drainage easements, or landscape buffers along side and rear lot lines.

(3)

The swimming pool must meet the safety requirements as outlined in Chapter 514, Florida Statutes.

Unless specifically addressed in another location, the following requirements pertain to outdoor sales and display.

(A)

General Requirements.

(1)

Is limited to items normally sold or produced in the respective business.

(2)

Must be brought inside when the business is closed (excludes propane tanks, vending machines, and approved short-term, seasonal agricultural products).

(3)

Must be accessory to business in an enclosed building. Sales must be conducted by employees of the principal business.

(4)

Cannot be used for storage purposes.

(5)

Such areas shall be accurately delineated on applicable site plans for new development.

(B)

Location Requirements.

(1)

Outdoor sales and display shall be limited to 10% of the floor area of the primary structure.

(2)

Such sales and display shall be limited to 1/3 the length of the façade on which it is located within.

(3)

Such sales and display shall not extend more than five feet from the wall of the principal structure.

(4)

Such sales and display shall not exceed five feet in height.

(5)

Any material located within three feet of any building entry shall not exceed 3.5 feet in height.

(6)

Sales and display must be adjacent to the principal building(s) of the business.

(7)

Such sales and display shall not block windows, entrances, or exits.

(8)

Items shall be located on a hard, durable surface.

(9)

Items for sales and storage cannot be located in public right-of-way without the required permits.

Figure 2.17.00(A): Outdoor Sales and Display

(C)

Safety.

(1)

Outdoor sales and display shall not impair pedestrian use of the building.

(2)

Outdoor sales and display shall not be located in or block fire lanes, emergency access ways, maneuvering aisle, driving aisles, driveways, unloading/loading areas, or a parking space necessary to meet the minimum parking requirements of the use(s) on the property.

(D)

Specific Uses.

(1)

Short-term, Seasonal Agricultural Products. Produce, nursery stock, pumpkins, farmers markets and similar items, are subject to the approval of a Temporary Use Permit.

(2)

Outdoor Vending Machines (excludes newspaper racks, payphones, air pumps, vacuum machines, and ATMs).

(a)

Outdoor Vending Machines shall be located within a clearly delineated, contained, architecturally screened area.

(b)

Decorative structures, such as, but not limited to, screen walls, trellises, columns, and roof covers, shall be used to contain the vending machine area if the existing architecture or building form does not already contain a location.

(c)

Such use shall be coordinated with the architectural features of the building when possible.

(d)

Outdoor vending machines shall not cover up or obscure existing architectural features such as but not limited to, windows, landscape planters, and decorative trim.

Unless specifically addressed in another location, all outdoor storage shall meet the following standards. Figure 2.18.00(A) provides illustration of outdoor storage options for various lot configurations.

(A)

Outdoor storage shall be allowed to the rear and sides of the lot.

(B)

Outdoor storage may be located in one side yard, not both side yards.

(C)

Outdoor storage forward of the front building line is prohibited.

(D)

On corner lots, outdoor storage shall not extend toward the road frontage by more than 1/2 the length of the building structure in the rear yard or forward of the front building line in the side yard.

(E)

Outdoor storage shall be prohibited on through-lots.

(F)

Outdoor storage for multiple buildings, within a project or on a parcel, shall be permitted in a manner consistent with the intent of Figure 2.18.00(A). Outdoor storage for multiple buildings shall only be permitted behind the front building line of the building that is farthest from any street.

(G)

All outdoor storage shall be screened from off-site view.

Figure 2.18.00(A): Outdoor Storage

(A)

Criteria for Designation of Historic Sites. The purpose of this Section is to establish criteria for identifying structures and sites of historical significance in Hardee County, and to establish procedures to preserve them. The Board of County Commissioners, after receiving a request from a property owner and recommendation(s) from the Planning and Zoning Board, shall designate historic sites based on the following criteria:

(1)

The site or structure is associated with events that are significant to local, State, or national history; or the site or structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.

(2)

The property is one that, by its location, design, setting, materials, workmanship, feeling and association adds to the County's sense of time and place and historical development.

(3)

The property's design, setting, materials, workmanship, feeling and association have not been so altered that the overall integrity of the site has been irretrievably lost.

(4)

The structure or site is more than 50 years old, unless there is a strong justification concerning its historical or architectural merit, or the historical attributes of the structure or site are considered to be less than 50 years old.

All properties listed in the National Register of Historic Places and/or the Florida Master Site File of Historic Places is presumed to meet the above criteria and may be classified as Designated Historic Sites if requested by property owners. Any other property may be so classified by the Board of County Commissioners upon a finding that it meets the above criteria. The County may issue an official certificate of historic significance to the owners of Designated Historic Sites and is authorized to issue and place official signs at such locations.

Structures and buildings classified as Designated Historic Sites shall be entitled to modified enforcement of the Florida Building Code as provided by Chapter 1, Section 101.5 of the Standard Building Code Congress International, Inc.

(B)

Criteria for Modification of Historic Structures. No demolition, alteration, or relocation of a historic structure shall be permitted except as provided below:

(1)

Work that does not require a construction permit and that is done to repair damage or prevent deterioration or decay of a structure or part thereof as nearly as possible to its condition prior to the damage, deterioration, or decay.

(2)

Activity that restores the structure's original appearance, or a reasonable approximation, as documented by an approved plan.

(3)

Activity approved by the Board of County Commissioners that will not preserve or re-create the structure's original appearance. The Planning and Zoning Board shall review the proposal and make a recommendation prior to the Board of County Commissioners' vote.

(C)

New Construction on Historic Sites. All new construction within a Designated Historic Site shall be reviewed by the Planning and Zoning Board and approved by the Board of County Commissioners. New structures, parking lots, drainage facilities, and other objects shall be depicted on a Site Development Plan, which shall be submitted to the planning and development division prior to review by the Planning and Zoning Board. All site alterations shall be consistent with the approved site plan.

In approving new structures or facilities on a historic site, the Board of County Commissioners shall determine that the proposal would not hinder the use or enjoyment of the historic site or surrounding historic properties. Also, the Board of County Commissioners shall find that the new site feature(s) would be hidden to the greatest extent possible and/or are appropriate and compatible with the balance of the site and adjacent historic sites. The Board of County Commissioners may place any conditions on approval that it determines are necessary to protect the integrity of the historic site or area.