The Hardee County Comprehensive Plan establishes various Future Land Use classifications and contains a Future Land Use Map indicating the location of lands to which each of the classifications applies. This Unified Land Development Code establishes zoning districts to implement the Comprehensive Plan through detailed regulations and design standards that apply generally to all of the established land uses, such as residential, commercial, industrial, public, recreation, and conservation land uses. The purpose of this Article is to set forth the general provisions concerning land use. The provisions established herein shall regulate land use, density, and intensity, establish building lot and yard requirements, establish zoning districts that identify the location of land uses in Hardee County, establish standards for zoning districts in the County, and provide for a map locating the permitted land uses in the County. All land in unincorporated Hardee County shall be subject to the provisions of this Article and shall be shown on the Official Zoning Map as provided in Section 10.08.00.

(A)

No development approval shall be issued unless the proposed development conforms to the design regulations prescribed within the applicable zoning district. The design regulations, including lot layout, height, and density/intensity standards, are included in Table 3.03.00(C).

(B)

No use is permitted unless it is listed as a Permitted (P), Permitted with Conditions (PWC), or Special Exception (SE) in the Table of Land Uses. However, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in the Table of Land Uses.

(C)

A use not specifically mentioned or described by category in the Table of Land Uses is prohibited. Evaluation of these uses shall be as set forth in Section 3.01.02 of this Article.

(A)

The Planning and Development Director shall determine if a use not mentioned can reasonably be interpreted to fit into a use category where similar uses are described. It is the intent of this Code to group similar or compatible land uses into specific zoning districts, either as permitted uses (P), uses permitted with conditions (PWC), or uses authorized as special exceptions (S). Uses required to be approved through Planned Unit Development (PUD) are listed in Table 3.03.00(B). Uses not listed in the Table of Uses (Table 3.03.00 (A)) as P, PWC, or S are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Table of Uses, and such use is not listed as a prohibited use under the specific zoning district and is not otherwise prohibited by law, the Planning and Development Director shall determine whether a materially similar use exists in this Section.

(1)

Should the Planning and Development Director determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the Planning and Development Director's decision shall be recorded in writing.

(B)

Rules of Interpretation.

(1)

The Planning and Development Director may determine that a use is materially similar if the use is of the same general type as the uses permitted there by this Code based on characteristics, use patterns, and land use and traffic impacts.

(2)

The Planning and Development Director may utilize the following resources in making a determination of materially similar use.

(a)

The use is listed as within the same structure or function classification as the use specifically enumerated in the Table of Land Uses, as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA). The Planning and Development Director shall refer to the following documents in making this determination, which documents are incorporated by reference and are maintained on file in the office of the planning department:

1.

LBCS Activity Dimension with Detail Descriptions (April 1, 2001).

2.

LBCS Function Dimension with Detail Descriptions (April 1, 2001).

3.

LBCS Structure Dimension with Detail Descriptions (April 1, 2001).

4.

LBCS Tables (April 1, 2001).

The use shall be considered materially similar if it falls within the same LBCS classification.

(b)

If the use cannot be located within one of the APA's LBCS classifications pursuant to subsection (A), above, the Planning and Development Director may refer to the most recent North American Industry Classification System (NAICS) Manual. The use shall be considered materially similar if it falls within the same industry classification of the most recent NAICS Manual.

The County hereby establishes the zoning districts listed in this Article to implement the policies of the Hardee County Comprehensive Plan and to classify, regulate, and restrict the uses of land, water, buildings, and structures; to regulate and restrict the height and bulk of buildings; to regulate the area of yards, courts, and other open spaces between buildings; and to regulate the intensity of land use. All areas of unincorporated Hardee County are classified into one of the following districts:

Each zoning district established herein is consistent with the Hardee County Comprehensive Plan, particularly with the goals, objectives, policies, and map of the Future Land Use Element. The Future Land Use designation of the property shall be the first consideration when designating a specific zoning classification on a parcel or parcels of land. However, a property owner shall not necessarily be entitled nor be automatically permitted the most dense or intense (highest and best) use or zoning for their property. The appropriate zoning district among the range of eligible zoning districts within a specific future land use classification shall be decided on a case-by-case basis dependent upon the location and characteristics of the subject property and upon determining that such zoning would promote the public health, safety, general welfare, convenience, aesthetics, and economic order.

All real property within unincorporated Hardee County has a Future Land Use designation, which are described and mapped in the Future Land Use Element of the Hardee County Comprehensive Plan. The designation explains what types of uses can be built at that location and how many houses (dwelling units/DU) or how much nonresidential use is allowed (Floor Area Ratio/FAR measured in square feet). The Future Land Use districts shall be used to establish the density and intensity of development. The Future Land Use designation generally guides the type of use and the maximum density and intensity allowed within each designation. The zoning classification explains how those uses can be built.

The following Future Land Use categories, as established through the Future Land Use Element of the Hardee County Comprehensive Plan, are delineated on the Future Land Use Map. Future Land Use is the basis for zoning and other land use and development decisions and guides land use for every parcel in unincorporated Hardee County. Any changes to the use of land must be consistent with the guidance of the Future Land Use Element and Map.

TABLE 3.02.01(A)
FUTURE LAND USE MAP DESIGNATIONS AND COMPATIBLE ZONING DISTRICTS

The tables on the following pages present, in a quick reference format, information regarding permitted, permitted with conditions, and special exception land uses and development standards for all zoning districts. These tables must be read in conjunction with the regulations for specific zoning districts in Section 4.02.00 and the supplemental standards and regulations as prescribed in Article 4 and the Future Land Use Element. The key to the tables is as follows:

* See Table 3.03.00(B) for uses that require approval of a Planned Unit Development including conditions as outlined in Section 3.05.00.

Table 3.03.00(A)
Table of Land Uses

Table 3.03.00(B)
Uses that Require Approval of a Planned Unit Development

*Requires approval as Outlined in Section 9.05.00

Table 3.03.00(C)
TABLE OF DEVELOPMENT STANDARDS

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for the primary practice of unlimited agriculture, very low density residential, low intensity commercial services, industrial, public and community services, and recreation and open space land uses. Recreation uses are consistent and compatible with the Agriculture (A-1) district, when the primary function is public or private, not-for-profit recreation.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure, such as a retail store with a living unit above.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for very low density residential development in combination with limited agriculture, public and community services, infrastructure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family dwellings, at a permitted density of not more than one dwelling unit per 2.5 acres. Development within this zoning district must be accessed by County-maintained roadways. Development within this zoning district shall be no further than two miles from existing high-density land uses and/or incorporated boundaries.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.20.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S". Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established, as applicable, for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio; Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for very low-density residential development in combination with limited agriculture, public and community services, infrastructure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family attached or detached dwellings, and farmworker housing development at a permitted density of not more than one dwelling unit per 2.0 acres.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Section 2.20.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S". Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established, as applicable, for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio; Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for very low density residential development in combination with limited agriculture, public and community services, infrastructure, and recreation and open space land uses. In accordance with the Hardee County Comprehensive Plan, residential development may be single-family dwellings, at a permitted density of not more than one dwelling unit per acre. Development within this zoning district must be accessed by County-maintained roadways. Development within this zoning district shall be no further than two miles from existing high-density land uses and/or incorporated boundaries.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Section 2.20.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special. Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. To provide the opportunity for conventional single-family development in appropriate areas of the County, compatible with existing development. Density shall not exceed one dwelling unit per 1/2 acre.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S". Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established, as applicable, for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio; Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(G)

Other Requirements. None.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for low density residential development in combination with public and community services, infrastructure, and recreation and open space land uses.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for low and medium density residential development in combination with public and community services, infrastructure, and recreation and open space land uses.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.20.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for low and medium density residential development in combination with public and community services, infrastructure, and recreation and open space land uses.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.20.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4, and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for mix of retail commercial, professional offices, and medium density residential land uses. Uses are intended to be developed in close proximity to one another to maintain or reduce distance between residences, employment areas, commercial services and sales, and entertainment areas.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure, such as a retail store with a living unit above it.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for the establishment of major commercial centers serving the needs of the community and the region. Other land uses encouraged in the district include: professional offices, limited medium density residential, light industrial, public and community services and recreation facilities land uses.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure; such as a building with a combination of offices, restaurants, and living units above.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for a mix of commercial, commercial retail, professional offices, warehousing, heavy and light industrial land uses. Uses are intended to be developed to accommodate a mix of uses in close proximity to one another and centralize resources.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure, such as retail and offices combined.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Customary uses that are secondary and incidental to principal uses, including restrooms, caretakers' residences, pavilions, boardwalks, and pedestrian/bicycle paths.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for the establishment of major commercial and industrial centers to serve the buying, employment and production needs of the community and the region. Other land uses encouraged in the district include: professional offices, a full range of light and general industrial, public and community services and a limited range of recreation land uses. These areas are to be located in close proximity to transportation facilities and areas intended to serve the light manufacturing, storage, distribution, and other general industrial functions of the region.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure, such as retail and offices combined.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County for the establishment of major industrial, manufacturing and processing centers to serve the employment and production needs of the community and the region. Other land uses encouraged in the district include professional offices, a full range of light and general industrial, public and community services, and a limited range of recreation land uses. Uses in this district are heavy industrial, because of the potential to generate noise, odor, dust, pollution, or other noxious effects created by their activities. The location of these areas shall minimize or eliminate unnecessary industrial traffic through non-industrial areas.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure, such as retail and offices combined. Plan prior to application for a Development Permit.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County to accommodate existing and future land and facilities recognized as serving the public. This includes lands and facilities publicly owned or owned by private or non-profit entities and intended for public, educational, or institutional use.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to provide areas in Hardee County to accommodate existing and future recreation land and facilities recognized as serving the public. The district includes lands and facilities publicly owned, or owned by private or non-profit entities, which utilize it for recreation or open space uses and allow the general public access.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Accessory uses and structures are clearly secondary, incidental, and subordinate to permitted principal uses and structures; provided, however, that no accessory structures shall be located on property other than that on which the principal structure is located. Section 2.16.00 contains detailed guidance and regulations for permitted accessory uses.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

(A)

Purpose. The primary purpose of this zoning district is to designate areas in Hardee County for the preservation and protection of unique natural resources through public ownership and regulation. Areas regulated are vital to the maintenance of environmental quality; they are the least tolerant to changes caused by development; and they are vital to the ecological integrity of the region.

(B)

Permitted Principal Uses and Structures. Permitted uses in this district are detailed in the Table of Land Uses in Section 3.03.00(A) and are designated by the letter "P". They are permitted by right subject to all other applicable standards. Any number of permitted uses may be conducted at the same time in the principal structure.

(1)

Commercial and industrial development are prohibited.

(2)

Structures and facilities, including residential development at a density not to exceed one unit per 20 acres for park rangers, security and/or necessary maintenance personnel, are permitted, provided that they further the intent of the district and are necessary for the public appreciation of such area.

(C)

Principal Uses and Structures Permitted with Conditions. Uses Permitted with Conditions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Permitted with Conditions uses are designated by the letters "PWC". Uses Permitted with Conditions are permitted if they meet the listed conditions in Article 4, and subject to all other applicable standards. At the Planning and Development Director's discretion, any development plans larger than five acres or development plans that may have compatibility concerns based upon intensity, location, or use may be sent to the Planning and Zoning Board for approval.

(D)

Accessory Uses. Customary uses that are secondary and incidental to principal uses, including restrooms, caretakers' residences, pavilions, boardwalks, and pedestrian/bicycle paths.

(E)

Special Exception Uses. Uses permitted as Special Exceptions in this district are detailed in the Table of Land Uses in Section 3.03.00(A). Such uses are designated by the letter "S" for Special Exceptions. Special Exception uses must meet the listed conditions in Article 4 and subject to all other applicable standards.

(F)

Development Standards. Development standards for uses in this district are detailed in the Table of Development Standards in Section 3.03.00(C). Specifically, standards are established for Maximum Density; Minimum Lot Size; Minimum Lot Width; Minimum Floor Area; Floor Area Ratio (as applicable); Setbacks; Maximum Lot Coverage; and Maximum Building Height.

It is the intent of this Article to provide procedures and standards for the creation of Planned Unit Development zoning districts as an alternative to conventional zoning districts. PUD zoning is intended to facilitate flexibility to respond to special circumstances and to promote design innovation that provides qualitative improvement over normal design standards. It is the intent of this Article that PUD districts shall respect the intent of the conventional zoning district, and context sub-district, be compatible with adjacent land uses and zoning and conform to the Comprehensive Plan. Areas shall be zoned Planned Unit Development District only upon a determination that the criteria in Section 3.05.02 are or will be met.

A Planned Unit Development is a development which conforms to all of the following:

(A)

It is a development which is planned and carried out under unified control in a single development operation or an approved series of development operations.

(B)

It is a development which includes principal and accessory uses and structures which are compatible with the character of the development itself and the surrounding area of which it is part.

(C)

It is a development which is carried out according to comprehensive plans.

(D)

It is development which includes a program for the full maintenance and operation of common areas, common improvements or common facilities if any such areas, improvements or facilities are included in the development.

3.05.02.01 Unified Control

The Board of County Commissioners shall enact PUD zoning only after making a determination that the proposed development will be carried out under unified control in a single development operation or an approved series of development operations. For the purposes of this Section, unified control shall mean control which is:

(A)

Exercised by a controlling entity such as a person, corporation or partnership or a group of persons, or partnerships;

(B)

Sufficient to enable the controlling entity to ensure the planned unit development will be completed in full compliance with the enacted Site Development and Standards Plan and any conditions attached thereto by the County pursuant to enactment; and

(C)

Evidenced by County-approved agreements, contracts, covenants, deed restrictions, sureties, and other instruments which bind the controlling entity and all existing and successive holders of title to the subject property to full compliance with the enacted detailed Site Development and Standards Plan and any conditions attached thereto by the County pursuant to enactment.

3.05.02.02 Use Compatibility

The Board of County Commissioners shall enact PUD zoning only after making a determination that the proposed uses and the density and intensity of uses are consistent with the Hardee County Comprehensive Plan and are compatible with surrounding land uses.

3.05.02.03 Environmental Compatibility

The Board of County Commissioners shall enact PUD zoning only after making a determination that the site conforms to the following criteria:

(A)

It is suitable for development in the manner proposed without hazards to any persons or property from possible flooding, erosion, or other dangers greater than would result from conventional development which could be approved pursuant to the Comprehensive Plan; and

(B)

Its soils, ground water, drainage, and topography are appropriate to the kind and pattern of use proposed. Such a determination shall be based on a consideration of all relevant information that can be obtained about the site, including any special surveys, samples, and tests of site characteristics which the County deems necessary.

3.05.02.04 Site Development and Standards Plan

The Board of County Commissioners shall enact PUD zoning only after making a determination that the Site Development and Standards Plan to be incorporated in the enacting ordinance fulfills the requirements of this Code, is consistent with the Comprehensive Plan, and otherwise promotes the public health, safety and welfare.

3.05.02.05 Assurances

The Board of County Commissioners shall enact PUD zoning only after making a determination that there are assurances which guarantee, insofar as is practical and necessary, that development of the subject property will proceed according to the Site Development and Standards Plan. Such assurances may include performance guarantees, bonds, letters of credit and other financial instruments as well as the agreements, contracts, covenants, deed restrictions and similar instruments included as part of the Site Development and Standards Plan.

3.05.02.06 Dedication of Public Facilities and Sites

The Board of County Commissioners shall enact PUD zoning only after making a determination that the need for public facilities and services generated by the proposed PUD will be adequately met. The Board of County Commissioners may make such a determination conditional upon the dedication of public facilities and/or public facility sites including, but not limited to, facilities and sites for parks, schools, public safety, and vehicular and pedestrian traffic.

3.05.02.07 Maintenance Provisions

The Board of County Commissioners shall enact PUD zoning only after making a determination that there is a feasible program for the full maintenance and operation of common areas, common improvements, and common facilities if any such areas, improvements or facilities are included in the Site Development and Standards Plan. The program for maintenance and operation shall include provision for the County to assess private property with an interest in common open space for the cost of maintenance if inadequate private maintenance results in a public nuisance.

3.05.02.08 Minimum Land Area Requirements

There shall be no minimum land area requirements for a Planned Unit Development.

3.05.03.01 Principal Uses Permitted by Right

Provided that it is consistent with the Comprehensive Plan, any use permitted by this Code in any other district may be permitted in a Planned Unit Development. However, the uses permitted on any specific parcel of land or portion thereof shall include only those uses which are specifically listed as permitted on that parcel or portion thereof by the applicable adopted Concept Plan and Conditions (Master Development Plan). Uses not specifically listed shall not be permitted.

Uses identified in Table 3.03.01(B) require approval of a PUD.

3.05.03.02 Accessory Uses, Buildings and Structures Permitted by Right

Provided that it is consistent with the Comprehensive Plan, any use, building, or structure permitted as an accessory use in any other district of this code shall be permitted as an accessory to such other use, building or structure in a Planned Unit Development District, unless restricted through adopted Conditions of the Planned Unit Development.

3.05.04.01 Lot Area, Setback, Height

Lot area, setback, height, and other development regulations applicable to individual lots within a planned unit development shall be established by the adopted Concept Plan and Conditions (Master Development Plan).

3.05.04.02 Access Requirements

Every dwelling unit or other use shall have access to a public street, either directly or by a private road, pedestrian way, court, or other specifically designated area.

3.05.04.03 Internal Street Design, Construction and Width Requirements

(A)

Internal Street Construction Requirements. Internal streets which are dedicated to public use shall be constructed according to Article 9 (Subdivision Regulations). Internal streets which are reserved for private use shall be constructed with subgrade, base and surface combinations meeting minimal structural requirements established by the Public Works Department.

(B)

Internal Street Width Requirements. Right-of-way and pavement widths shall be determined according to function and anticipated traffic volume.

3.05.04.04 Underground Installation of Utilities

Underground installation shall be required for all utilities including, but not limited to, telephone lines, television cable lines and electrical lines. The following facilities may be installed above ground:

(A)

Those primary facilities which provide service directly to a planned unit development site from outside the development and those which carry service across a planned unit development from one location outside the development to another location outside the development; and

(B)

Utility system appurtenances which are required to be placed at grade level for service purposes.

3.05.04.05 Applicability of Other Zoning Regulations

PUD zoning is generally intended as an alternative to use and development standard regulations which are set forth in articles applying to specific zoning districts. PUD zoning is not generally intended to substitute for other regulations of this Code. Accordingly, all regulations of this Code shall apply to Planned Unit Developments unless the adopted Concept Plan and any conditions attached thereto (Master Development Plan) specifically provide alternative regulations.