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Hernando County Unincorporated
City Zoning Code

ARTICLE VIII

- PLANNED-DEVELOPMENT PROJECT

Purpose:

The planned development project (PDP) is a specialized zoning district which provides a level of density and/or intensity, and a list of permitted uses. A narrative description and a master plan are part of the PDP zoning. The master plan is a visual depiction of the general layout of the project in conformance with the PDP rules with any additional performance standards or specific deviations requested. The process for approval of a PDP zoning is through the zoning amendment process as provided for in this ordinance. This master plan must be reviewed and approved by the governing body.

A planned-development project will allow the applicant of a project the flexibility, with governing body approval, to alter the standard requirements of the county. A applicant may also be able to deviate from the following specific requirements of the planned development project regulations after due public notice has been given: perimeter setbacks, parking requirements, building coverage, buffering and street design requirement. The board shall base its decision on the requested deviation based on the impact on the public in regards to the health, safety and welfare of the public. The governing body may increase or decrease the minimum standards provided herein in order to attain compatibility, protect natural resources or meet other public purpose goals.

The planned development project shall be developed according to the approved master plan and supporting narrative and data. The master plan and narrative for a project must meet the minimum standards as provided herein.

Failure to initiate substantial performance as indicated below shall render the master plan null and void. The intensity/density is retained under the zoning approval; however, a new master plan meeting the existing land development regulations shall be required. The process for receiving master plan approval shall be in the same manner as a zoning amendment application.

All planned development projects shall be subject to the following regulations:

(Ord. No. 2003-08, § 2, 4-22-03; Ord. No. 2008-05, § XXI, 2-26-08)


Section 1. - General provisions for planned development projects.

All planned development projects shall meet the following requirements for development:

A.

Environmental. The planned development project shall meet the requirements of all county regulations, plus all applicable state and federal laws, regulations and rules. Additionally, planned development projects shall be designed to minimize environmental impacts and incorporate existing environmental features into the overall design of the project.

B.

Perimeter setback: The following shall be the minimum building front, rear and side setbacks for the portion of the project which is adjacent to the project perimeter:

PDP (Residential Uses) Front 25
Side 10
Rear 20
PDP (Neighborhood Commercial) Side 20
Rear 35
PDP (Commercial/Office-Professional Uses) Side 20
Rear 35
PDP (Industrial Uses) Side 20
Rear 35
PDP (Agricultural, County 2.5) Front 75
Side 25
Rear 35
PDP (Agricultural/Residential) Front 50
Side 10
Rear 35
PDP (Recreational) Front 75
Side 25
Rear 25
PDP (Residential SF Mobile Home) Front 25
Side 10
Rear 15
PDP (Corporate Park) Side 20
Rear 35
PDP (Aviation Facilities District) Side 20
Rear 35
PDP (Commercial Marine) Side 20
Rear 35

 

Along US 19, SR 50, US 41, US 98, US 301, CR 578, and CR 485, front yard requirements shall be one hundred twenty-five (125) feet. Residential uses located on CR 578 between US 19 and Oak Lake Drive shall meet the standard setback of the district. For (commercial/office professional uses), (industrial), (corporate park), and (aviation facilities) PDPs, front perimeter setbacks are as follows:

Along all roads not included above and identified on the Existing Functional Classification Map developed by Hernando County, the front setback shall be seventy-five (75) feet. Along all roadways not identified on the Existing Functional Classification Map, the minimum front yard requirement is thirty-five (35) feet.

For neighborhood commercial PDPs, front perimeter setbacks are as follows:

Along all roads not included above and identified on the Existing Functional Classification Map developed by Hernando County, the front setback shall be fifty (50) feet. Along all roadways not identified on the Existing Functional Classification Map, the minimum front yard requirement is thirty-five (35) feet.

The Existing Functional Classification Map developed by Hernando County is hereby adopted by reference and made part of this section. The official Existing Functional Classification Map shall be placed on file at the Hernando County Planning Department. The Existing Functional Classification Map may be modified by board resolution at any time upon notice of an advertised public hearing.

For PDP (Commercial Marine), the rear setback may be reduced to twenty-five (25) feet adjacent to a navigable water body.

C.

Buffering. A buffer shall be required between a Planned Development Project land use which is multifamily or non-residential and a land use, external to the PDP, which is residential, agricultural-residential or agricultural.

The buffer shall consist of a minimum five-foot landscaped separation distance. The multifamily or nonresidential use located on such lot shall be permanently screened from the adjoining and contiguous properties by a wall, fence, and/or approved enclosures. Such screening shall have a minimum height of five (5) [feet] and a maximum height of eight (8) feet, or an evergreen hedge with a minimum height of five (5) feet at the time of planting.

D.

Building Coverage. Residential PDPs with single family or single family attached uses, and all PDPs with a residential component shall not exceed more than 35 percent building area coverage for the residential acreage.

Residential PDPs with multifamily uses and all PDPs with a residential component with multifamily uses shall not exceed more than 45 percent building area coverage for the residential acreage.

E.

Landscaping. All planned development projects shall meet the landscaping requirements of the Community Appearance Ordinance.

F.

Streets. All streets within a planned development project shall meet minimum county design standards. The developer may suggest alternative design standards for streets to the county engineer, submit data supporting the alternative design, and request approval of the alternative design by the governing body.

G.

Comprehensive plan. The petitioner shall demonstrate consistency with the Hernando County Comprehensive Plan.

H.

Parking standards. All required parking shall meet the requirements of the land development regulations. The developer may suggest alternative design standards for parking areas to the county engineer and may suggest reduced parking standards to the planning department, submit data supporting the alternative design, and request approval of the alternative design and reduced parking standards by the governing body.

I.

Dedication. The developer of a planned development project in which any facilities, improvements, or features are to be privately maintained shall dedicate the facilities, improvements, or features to a property owners' association and shall grant to the association either a fee simple interest or an easement in the property upon which the facilities are constructed. Membership in the property owners' association shall be mandatory and the association shall be formed by the developer concurrent with the filing of any record plat for the development.

J.

Signs. All proposed signage within a planned development project shall meet the requirements of the county's sign ordinance. Any deviations to the sign ordinance shall be presented on the master plan, and specifically requested in the narrative, at time of submittal of the application for the master plan. The developer may suggest alternative signage for review and approval by the governing body.

K.

Accessory structures and buildings in residential PDPs.

i.

Accessory buildings are permitted in the side, rear and secondary front yards. Such accessory buildings shall be at least five (5) feet from side and rear lot lines. Accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

ii.

Noncommercial piers and boat houses are permitted in the side and rear yard, provided the structure is at least five (5) feet from side property lines. No setback is required from lot lines adjoining waterways.

iii.

Swimming pools and screened swimming pool enclosures are permitted in the side or rear yard and must be at least five (5) feet from side and rear property lines. Swimming pools and screened swimming pool enclosures are permitted in the secondary front yards and shall meet the front yard requirements of the district for the principal building.

iv.

Attached carports shall meet the principal building yard requirements of the district.

v.

Detached accessory structures which have pervious or impervious roof coverings shall be permitted in the side and rear yard and must be at least five (5) feet from the side and rear property lines. Detached accessory structures in the secondary front yard shall meet the front yard requirements of the district for the principal building.

vi.

Except as provided in subparagraph vii. hereof, no more than one detached building shall be allowed on a parcel. Any detached accessory building exceeding two hundred (200) square feet in size must meet the following:

a.

The detached accessory building shall either be on a permanent foundation consisting of either a stem wall with continuous footing, a monolithic slab, or permanent foundation designed to meet the criteria of the flood regulations in flood-prone areas; or, the detached accessory building shall be skirted with a visual screening of new material, or material in acceptable condition, consisting of aluminum, pressure-treated wood, masonry or other acceptable material placed around the entire perimeter of the detached accessory building extending from the base to the ground.

b.

All other applicable standards relating to accessory buildings shall be met.

c.

The detached accessory building shall be no more than four hundred (400) square feet in size.

vii.

One detached garage, in addition to the detached building provided for in item vi. above, is allowed meeting the following criteria:

a.

The detached garage is site built; and

b.

Has a minimum dimension of ten (10) feet by twenty (20) feet; and

c.

The length of the detached garage shall be no more than twice the measurement of the width; and

d.

Has a minimum roof pitch of 3 on 12; and

e.

Has roof materials of either shingles or tile; and

f.

Has either lap siding, brick veneer, concrete block or stucco exterior walls; and

g.

The detached garage shall be on a permanent foundation consisting of either a stem wall with continuous footing, a monolithic slab, or permanent foundation designed to meet the criteria of the flood regulations in flood-prone areas.

L.

Fire protection plan. For all residential PDPs with lots which have lot widths of less than sixty (60) feet at the building line, a fire protection plan must be submitted upon the filing of a conditional plat. The fire protection plan must include:

1)

Prohibition of walls which preclude access to side yards; or,

2)

If walls are proposed, gates or doors must be provided to allow access to side yards; or,

3)

The provision of a fifteen-foot separation strip free of any impediments (no walls, structures, pools, buildings, etc.) every eight (8) units and unimpeded rear yards; or,

4)

Residential sprinkler system; or,

5)

Other plan acceptable to the county.

M.

Portable storage structure regulations in all residential PDPs. A portable storage structure not to exceed 160 square feet in size is allowable in conjunction with the residential use of a property when the storage structure is associated with remodeling, other construction, or moving. Such portable storage structure shall be allowable for a period not to exceed 30 days except when used in conjunction with a building permit issued for remodeling or other construction. In these cases, the portable storage structure is allowable for a period to correspond with the building permit.

N.

Open Space. Usable open space excludes drainage retention areas and required buffers. Conservation areas which allow passive use may be utilized in the usable open space calculation. The minimum open space shall be as required under chapter 10 of this code entitled community appearance unless additional open space is required in connection with master plan approval or as otherwise required in this zoning code, whichever results in the greatest percentage or amount of open space being provided.

O.

Duration of Master Plan. The failure of the applicant to initiate substantial performance within two (2) years from date of approval by the governing body shall render the master plan null and void unless a longer duration period is specifically set forth in a valid and unexpired DRI development order or a valid and unexpired development agreement between the applicant and the county. If a planned development project requires subsequent conditional plat approval, then 'substantial performance' shall mean that the applicant has obtained conditional plat approval during the duration period and the applicant is diligently pursuing the next stage of development approval in accordance with all applicable time frames. If a planned development project does not require plat approval, then 'substantial performance' shall mean that the applicant has obtained a building permit for vertical construction relating to the primary or principal building for non-residential projects or has obtained building permits for the first phase of dwelling units for residential projects during the duration period. Should these subsequent time frames not be adhered to, then the master plan shall be deemed null and void. A master plan that has been deemed null and void under this provision cannot be revived except by the applicant starting the process anew including filing a new application and paying all required fees.

P.

Neighborhood parks. Single family planned development projects of more than fifty (50) dwelling units shall meet the requirements for the provision of neighborhood parks. The provision of neighborhood parks for use by the residents of the subdivision in accordance with the requirements for neighborhood parks shall count towards the minimum open space requirements of this subsection.

(Ord. No. 98-24, §§ 10, 11, 8-25-98; Ord. No. 99-14, §§ 19, 20, 7-6-99; Ord. No. 2000-07, § 7, 5-9-00; Ord. No. 2001-06, §§ 14, 15, 5-8-01; Ord. No. 2001-24, §§ 14—16, 12-18-01; Ord. No. 2003-02, § 17, 2-11-03; Ord. No. 2003-08, § 3, 4-22-03; Ord. No. 2004-03, § 22, 2-24-04; Ord. No. 2005-01, § 11, 2-8-05; Ord. No. 2008-05, § XXII, 2-26-08; Ord. No. 2008-04, § III, 2-13-08; Ord. No. 2009-18, § V, 12-8-09; Ord. No. 2010-1, § III, 1-26-10; Ord. No. 2010-21, § VI, 10-26-10; Ord. No. 2016-17, § V, 11-8-16)

Section 2. - Plan standards.

For all Planned Development Projects, the applicant shall submit a master plan to the Planning Department. The master plan shall show all of the following, to the extent applicable:

1.

Location and approximate acreage of all proposed land uses, including the location of all proposed uses, identification of all dwelling unit types, and identification of any special design features;

2.

External access roads and the approximate location and design of proposed access points;

3.

Major internal access roads, proposed circulation plan and access points to individual pods;

4.

The location and extent of any existing natural features, wetlands, listed flora and fauna; or other unique features; and any surveys associated with these features;

5.

Separation distances between land uses;

6.

Surrounding zoning;

7.

Surrounding land uses;

8.

Parcel dimensions and existing site conditions;

9.

Location of Flood Plains;

10.

Topographical information;

11.

The approximate location of existing and proposed Drainage Retention Areas;

12.

Perimeter project setbacks and building heights;

13.

Internal project setbacks;

14.

Individual lot setbacks;

15.

Intensity/density of the proposed project:

16.

Portions of the property, if any, restricted to senior or age-restricted residents, or restricted to affordable housing as defined in section 420.0004, Florida Statutes, or restricted to workforce housing as defined in section 420.5095, Florida Statutes, as such statutes may be amended or renumbered from time to time; and,

17.

Depending upon the location, complexity or size of the proposed project the planning staff may request additional information necessary to complete the review of the project.

This shall be considered a preliminary master plan at time of submittal of the rezoning amendment petition. The Governing Body may require that the master plan be revised to meet any additional conditions. If the Governing Body requires such a revision, the applicant must submit a revised master plan, meeting all conditions, following the action by the Governing Body. In no event shall the applicant receive any subsequent development approval from the county until such time the applicant has submitted a revised master plan meeting the requirements of this provision.

(Ord. of 12-4-72, § VII(a)(1); Ord. No. 89-1, § 2, 1-24-89; Ord. No. 98-24, §§ 11, 12, 8-25-98; Ord. No. 2003-08, § 4, 4-22-03; Ord. No. 2005-01, § 11, 2-8-05; Ord. No. 2008-05, § XXIII, 2-26-08; Ord. No. 2009-18, § VI, 12-8-09)

Section 3. - Narrative standards.

For all Planned Development Projects, the applicant shall submit a narrative. The narrative, at a minimum, shall discuss each of the following items:

1.

Proposed land uses and approximate acreage of land uses;

2.

Proposed density levels for the residential development (if applicable)/intensity of commercial (in square footage);

3.

Separation distances for the differing land uses within, and external to, the proposed PDP;

4.

Proposed setbacks, minimum sizes for individual lots, and building heights;

5.

Condition of and impact on natural features;

6.

Discussion of the impact on infrastructure, including but not limited to transportation, water, drainage, sanitary sewer, parks, recreation, solid waste and public school facilities, along with any necessary data and analysis required to demonstrate that adequate public facilities will be available;

7.

Discussion on any improvements proposed to the infrastructure to maintain and demonstrate adequate public facilities;

8.

Proposed uses within all the pods;

9.

Existing land uses on the site and the adjacent site;

10.

Concept of the development plan, including project phasing if applicable;

11.

Identification, and justification of, any proposed deviations from the design standards;

12.

If the project or any portion involves dedicated senior or age-restricted housing, or is restricted to affordable housing as defined in section 420.0004, Florida Statutes, or workforce housing as defined in section 420.5095, Florida Statutes, as such statutes may be amended or renumbered from time to time, then a description of such housing shall be included in the narrative. The county shall require a separate development agreement with the applicant and/or evidence of recordable deed restrictions or such other recordable instrument acceptable to the county which memorializes and enforces such commitment to provide senior or age-restricted housing, affordable housing, and/or work-force housing.

13.

Depending upon the location, complexity or size of the proposed project the planning staff may request additional information necessary to complete the review of the project.

This shall be considered a preliminary narrative at time of submittal of the request for zoning amendment petition. The Governing Body may require that a PDP narrative be revised to meet any additional conditions. If the Governing Body requires such a revision, the applicant must submit a revised narrative, meeting all conditions following the action by the Governing Body. In no event shall the applicant receive any subsequent development approval from the county until such time the applicant has submitted a revised narrative meeting the requirements of this provision.

(Ord. No. 98-24, §§ 11, 13, 8-25-98; Ord. No. 2003-08, § 5, 4-22-03; Ord. No. 2005-01, § 11, 2-8-05; Ord. No. 2008-05, § XXIV, 2-26-08; Ord. No. 2009-18, § VII, 12-8-09)

Section 4. - Revisions.

The following circumstances shall be considered a substantial deviation and require modification to the approved master plan and approval by the Governing Body. The process for receiving master plan revision approval for modifications which are deemed substantial shall be in the same manner as a zoning amendment petition:

1.

Relocations of land uses which are either adjacent to platted or developed portions of the project, or adjacent to the project perimeter;

2.

Increase of density, or intensity, or a change of approved uses;

3.

Increase or decrease in or major location change of approved rights of way;

4.

Substantial change in external access points;

5.

Addition or subtraction of land;

6.

Change in permitted setbacks;

7.

Changes which alter the proposed concept or design of the development;

8.

Increases to the approved building heights;

9.

Changes that substantially alter the basic size and location of approved land uses and which impact surrounding properties or substantially alter the approved site layout;

10.

Any modification to specific performance conditions approved by the Governing Body.

(Ord. of 12-4-72, § VII(b)(1)—(3); Ord. No. 76-2, § 24, 2-17-96; Ord. No. 84-14, § V, 8-21-84; Ord. No. 85-19, § 1, 8-20-85; Ord. No. 88-27, §§ 4—6, 8-10-88; Ord. No. 89-1, §§ 3—6, 1-24-89; Ord. No. 89-10, §§ 2, 3, 6-20-89; Ord. No. 92-15, § 4, 11-10-92; Ord. No. 96-08, § 24, 5-9-96; Ord. No. 96-19, §§ 22—28, 9-10-96; Ord. No. 97-3, § 11, 3-4-97; Ord. No. 98-24, §§ 11, 14, 8-25-98; Ord. No. 2003-08, § 6, 4-22-03; Ord. No. 2008-05, § XXV, 2-26-08)

Section 5. - Permitted uses.

The following permitted uses are allowable subject to approval by the governing body through the zoning amendment process:

1.

PDP (Single-Family): All permitted uses and special exception uses allowed in the R-1A, R-1B, R-1C, R-2.5, R-2 and R-1MH zoning districts which have been specifically designated or specified in the narrative or on the master plan.

2.

PDP (Multifamily): All permitted uses in the R-3 zoning district. Any special exception uses allowed in the R-3 zoning district which have been specifically designated or specified in the narrative or on the master plan.

3.

PDP (Multifamily-2): All permitted uses in the R-4 zoning district. Any special exception uses allowed in the R-4 zoning district which have been specifically designated or specified in the narrative on the master plan.

4.

PDP (Mobile Home): All permitted and special exception uses allowed in the RM zoning district which have been specifically designated or specified in the narrative or on the master plan.

5.

PDP (Rural): All permitted and special exception uses allowed in the AG, AR, A/R-1, A/R-2, Country 2.5 and A-C zoning districts which have been specifically designated or specified in the narrative or on the master plan.

6.

PDP (Resort Residential): All permitted uses and special exception uses allowed in the RR zoning district which have been specifically designated or specified in the narrative or on the master plan.

7.

PDP (General Highway Commercial): All permitted uses in the C-1 zoning district. Any special exception uses allowed in the C-1 zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the C-2 zoning district specifically designated in the narrative or on the master plan.

8.

PDP (General Commercial): All permitted uses in the C-1 zoning district. Any special exception uses allowed in the C-1 zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the C-2 or O/P zoning districts specifically designated in the narrative or on the master plan.

9.

PDP (Highway Commercial): All permitted uses in the C-2 zoning district. Any special exception uses allowed in the C-2 zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the O/P and C-4 zoning districts specifically designated in the narrative or on the master plan.

10.

PDP (Neighborhood Commercial): All permitted uses in the C-3 zoning district. Any special exception uses allowed in the C-3 zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the C-1 zoning district specifically designated in the narrative or on the master plan.

11.

PDP (Heavy Highway Commercial): All permitted uses in the C-4 zoning district. Any special exception uses allowed in the C-4 zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the C-2, O/P, I-1 and I-2 zoning districts designated in the narrative or on the master plan.

12.

PDP (Light Industrial): All permitted uses in the I-1 and C-4 zoning districts. Any special exception uses allowed in the I-1 and C-4 zoning districts which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the I-2 zoning districts designated in the narrative or on the master plan.

13.

PDP (Industrial): All permitted uses in the I-1 zoning district and any permitted and special exception uses from the I-2 zoning districts designated in the narrative or on the master plan.

14.

PDP (Heavy Industrial): All permitted uses in the I-2 zoning district. Any special exception uses allowed in the I-2 zoning district which have been specifically designated or specified in the narrative or on the master plan.

15.

PDP (Office/Professional): All permitted uses in the O/P district. Any special exception uses allowed in the O/P zoning district which have been specifically designated or specified in the narrative or on the master plan. Any permitted and special exception uses from the C-1 zoning district, which have been specifically designated in the narrative or on the master plan.

16.

PDP (Recreation): Any permitted or special exception uses in the R-C district which have been specifically designated or specified in the narrative or on the master plan, plus any of the following which have been designated on the approved master plan:

(a)

Golf Courses

(b)

Miniature Golf Course

(c)

Go-cart Tracks

(d)

Tennis Complexes

(e)

Baseball or golf driving ranges

(f)

Bathing Beaches

(g)

Swimming Facilities

(h)

Picnic Grounds

(i)

Amusements piers, mechanical riding devices, carnivals, circuses, animal displays, aquariums, menageries or exhibit museums

(j)

Outdoor rifle, shotgun, pistol or archery ranges

(k)

Natural Buffer areas

(l)

All park districts, including private, mini-park/tot lots, neighborhood, community and regional parks

(m)

Recreational Airports

(n)

Other outdoor uses of a recreational nature specifically approved by the Governing Body

(o)

Private airstrips

(p)

Clubhouses and restaurants as accessory uses to a permitted use

(q)

Pro Shops as accessory uses to a permitted use

(r)

Concession stands accessory uses to a permitted use

(s)

Zoological Gardens

17.

PDP (Public Service Facility Overlay District): All government and public service uses and structures consistent with the master plan approval.

18.

PDP (Special Use): This category will include open space, conservation and all other uses not specifically enumerated in the Planned Development Project section but shown on the approved PDP Master Plan.

19.

PDP (Combined): This category is for mapping purposes for PDPs that contain more than two (2) approved uses.

20.

PDP (Corporate Park): The following uses shall be allowed within the Corporate Park designation:

(a)

Day care centers.

(b)

Business, professional and nonprofit organization office use, but not including the sale or storage of merchandise except where the sale or storage of merchandise relates directly to the rendering of professional services.

(c)

Publicly owned or operated building.

(d)

One single-family dwelling unit (minimum of six hundred (600) square feet) per commercial parcel in conjunction with the operation of a business on the premises; such single-family dwelling unit shall be an integral part of the principal business structure and located behind or above that portion of the business structure devoted to service to the public.

(e)

Personal service establishments.

(f)

Domestic and business service establishments.

(g)

Domestic and business repair establishments.

(h)

Business training schools.

(i)

Restaurants with or without alcohol dispensation.

(j)

Hotels.

(k)

Motels.

(l)

Aircraft parts establishments.

(m)

Light manufacturing.

(n)

Light wholesale and storage establishments.

(o)

Light outdoor advertising service establishments.

(p)

Light research, development and testing laboratories.

(q)

Publishing and printing service establishments.

(r)

Aquaculture, with or without above ground tanks, with proper screening.

(s)

Call Centers.

21.

PDP (Aviation Facilities):

(a)

Aircraft parts establishment.

(b)

Aircraft establishments.

(c)

Aircraft fuel sales and dispensing, including the storage of fuel for such purposes.

(d)

Aircraft repair and maintenance facilities.

(e)

T-hangers.

(f)

Tie down areas.

(g)

Air cargo establishments.

22.

PDP (Commercial Marine): All permitted and special exception uses allowed in the CM-1 and CM-2 Districts which have been specifically designated or specified in the narrative or on the master plan.

(Ord. No. 84-9, § 9, 3-27-84; Ord. No. 87-12, § 9, 3-31-87; Ord. No. 88-27, § 7, 8-10-88; Ord. No. 89-10, §§ 4—7, 6-20-89; Ord. No. 96-19, § 29, 9-10-96; Ord. No. 98-24, §§ 11, 15, 8-25-98; Ord. No. 99-14, § 21, 7-6-99; Ord. No. 2000-04, § 12, 4-4-00; Ord. No. 2001-24, § 17, 12-18-01; Ord. No. 2002-15, § 9, 8-6-02; Ord. No. 2003-08, § 7, 4-22-03; Ord. No. 2004-11, § 21, 8-3-04; Ord. No. 2008-05, § XXVI, 2-26-08; Ord. No. 2010-1, § IV, 1-26-10)

Section 6. - Special regulations.

A.

Residential Protection Standards in all commercial or industrial PDPs shall be subject to the following unless modified by section 6. B. herein,

(1)

There shall be no speakers or other sound equipment located within 100 feet of any single family residential district property line.

(2)

There shall be no buildings containing alcoholic beverage dispensation establishments, convenience stores, or automotive and truck repair establishments located within 100 feet of any single family residential district property line.

(3)

No commercial activities which include customer entrances, drive-up windows, ordering boxes, or loading/unloading areas shall be allowed to operate between the hours of 12 midnight and 7:00 a.m. within 100 feet of any single family residential district property line.

(4)

No building within 100 feet of any single family residential district property line shall be more than 20 feet in height.

(5)

All loading bays and loading docks must be a minimum of 100' from any single family residential district property line. Additionally, all loading bays and loading docks must be screened from view from the public right-of-way or single family residential district property line. Screening may include landscape plantings, berms, fences or walls.

(6)

Air conditioning and/or other operational equipment must be oriented away from single family residentially zoned property, or screened to minimize noise impacts and reduce visual incompatibility to the single family residentially zoned property. Screening may include landscape plantings, berms, fences or walls.

B.

Commercial development with any single building, or single site development with multiple buildings with the same use and owned and managed by the same entity, greater than 65,000 square feet of gross floor area is only allowable through approval as a Planned Development Project and which otherwise satisfies these requirements and this article. This type of development may be compatible in a given commercial zoning district but because of its size, intensity, increased traffic-generation, extended hours of operation, or proximity to residential areas/districts or public schools require additional conditions as a prerequisite for approval at a requested location. The applicant shall have the burden of adequately demonstrating compliance with all of the minimum standards set forth below and otherwise contained within this article. The governing body, in their sole discretion and following public hearing and notice, shall be the final arbiter of determining whether compliance with these minimum standards has been adequately demonstrated and whether to approve, approve in part or deny a particular request hereunder.

(1)

Mechanical/operational equipment including HVAC located at ground level shall be set back at least one hundred (100) feet from any property line external to the development site and shall be visually shielded through enhanced screening or shall be located on the roof and shall be visually shielded with a parapet wall. All mechanical/operational equipment shall be sound attenuated as necessary to comply with the county's noise ordinance.

(2)

Hours of operation shall be provided, and may be limited by the governing body, as necessary, to ensure compatibility with surrounding land uses. For facilities that propose to operate 24 hours a day, manned parking lot security may be required by the county between the hours of 10 p.m. and Sunrise.

(3)

Where the proposed commercial development consists of multiple buildings (excluding out parcels), then loading areas and loading docks should be situated between said buildings in a manner which allows the buildings to act as screens. All loading areas/docks shall be set back at least one hundred (100) feet from any property line external to the development site and shall be screened at 100% opacity through the use of landscape plantings, berms, fences or walls. The County may require the use of absorptive noise barrier walls for commercial noise reduction.

(4)

All outdoor lighting shall meet the specific use regulations for commercial lighting under Article III.

(5)

All on site advertising signs, including out parcels, shall be designed as part of a complete signage system. and shall be limited to mound mounted monument type signs. Ground mounted monument type signs are signs where the bottom edge of the sign is no greater than ten (10) feet above grade and which otherwise meets all sign requirements in this code.

(6)

The master plan shall meet the following increased setbacks and buffering requirements:

(a)

Setbacks. Where any side or rear lot line adjoins (excluding roads) a residential- or agricultural-zoned property or an existing residential use, then no building shall be located within one hundred (100) feet of said lot line.

(b)

Buffering. A thirty-five (35) foot wide buffer screened at 80% opacity at a height of six (6) feet above finished made shall run along each rear and/or side property line which abuts any residential or agricultural zoned property. This buffer shall be screened through the use of landscape planting and landscape berms, and may be augmented through the use of fences or walls, existing natural vegetation, and/or a combination thereof. The County may require the use of absorptive noise barrier walls for commercial noise reduction.

(7)

The applicant shall demonstrate that the proposed use is appropriate to the property in question, is compatible with existing and planned uses in the area, and demonstrate compliance with the County Comprehensive Plan.

(8)

Additional standards for commercial development with any single user occupying and/or using greater than 65,000 square feet of moss floor area:

(a)

The proposed site shall front on at least one road functionally classified on the county's comprehensive plan as arterial or greater. Furthermore, at least one (I) vehicle access point shall directly access and connect to said functionally classified arterial (or greater) roadway.

(b)

The master plan shall demonstrate at least two vehicular access points providing adequate ingress and egress with appropriate turn lanes, intersection improvements, signage and signalization (as may be required) to accommodate the traffic impacts of the project. In addition, the County Engineer may require a traffic study prepared according to professionally accepted standards, utilizing original data from similar uses if required by the County Engineer, in conjunction with the application addressing traffic impacts from the project and making specific recommendations to maintain adequate roadway capacities and adequate ingress and egress to and from the site.

(c)

Any commercial development meeting the terms of this subsection located within 2,500 feet of any public school (as measured along the route of normal pedestrian travel from property line to property line) shall prepare and submit at the time of application a traffic and pedestrian safety plan for review and approval by the county. The plan must identify safety conflicts and deficiencies, and include recommended mitigation measures as necessary. In addition to satisfying the requirements of this subsection, the plan must demonstrate to the governing body that adequate provisions have been made to maintain safe and adequate pedestrian and traffic circulation.

(d)

The site design shall provide that pedestrian circulation is coordinated on-site and between adjacent properties for the purpose of providing for pedestrian circulation between complimentary uses.

(e)

All internal walkways shall comply with Florida Accessibility Code design standards. Additionally, all internal pedestrian walkways shall be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, scored concrete or stamped asphalt to the extent not inconsistent with said standards.

(f)

Transit facilities, including, but limited to bus stops, pull out lanes, transit related signage, shelters and bicycle racks for transit users, shall be provided as determined by the County to accommodate transit service.

(9)

Any applicant seeking a deviation from any requirement above shall, concurrently with and as a part of its application, include a written request for such requested deviation and explain in detail all circumstances which the applicant believes justifies the requested deviation from the requirements herein.

C.

In the PDP (Corporate Park) District outdoor storage may be approved if specifically designated or specified in the narrative or on the master plan, or as a Special Exception use provided the outdoor storage is confined to a portion of the property which shall be screened by an opaque fence, wall of opaque landscaping at a height that will effectively screen the storage from adjoining streets and properties. No outside storage is allowed within the minimum building setback from an adjoining street.

(Ord. No. 2004-03, § 23, 2-24-04; Ord. No. 2008-17, § I, 7-22-08; Ord. No. 2015-05, § IV, 4-14-15; Ord. No. 2016-12, § IV, 7-27-16)

Section 7. - Ownership standards.

In the event that the ownership of the parcels included in a planned development project consists of two (2) individuals, both individuals must agree to any revisions. If the ownership consists of three (3) or more owners, fifty-one (51) percent of all the owners must agree to all revisions to the project.

(Ord. No. 80-13, § 1, 9-9-80; Ord. No. 98-24, §§ 11, 16, 8-25-98; Ord. No. 2004-03, § 23, 2-24-04)