In order to implement the adopted Comprehensive Plan in a manner consistent with F.S. ch. 163.3201, the following zoning regulations are hereby established. These regulations are intended to assist in implementing comprehensive planning issues surrounding the uses and/or development of specific lots, parcels, and tracts of land or any combination thereof within the Town of Lady Lake.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)

a)

Dimensional requirements for each zoning district are specified in the table later in this chapter entitled "Schedule of Dimensional Requirements".

b)

Accessory uses and structures for each zoning district are those customarily associated with, dependent on, and incidental to, the principle uses permitted in that district. Provisions regarding accessory uses and structures are addressed in a separate chapter of this Code.

c)

Special exception uses for each district shall be permitted in accordance with provisions for such in a separate chapter of this Code.

d)

On all residential properties in which the primary structure is of the mobile home/manufactured home construction type, such residences shall be permitted the placement of accessory structures in the maximum amount of thirty-five (35) percent of the principal structure.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)

a)

Establishment of districts. The incorporated land and water area of the Town of Lady Lake, is hereby divided into zones or districts as set forth in this chapter and as shown on the official zoning map.

b)

Official zoning map.

1)

Adoption. The official zoning map of the Town is hereby adopted and incorporated by reference and declared to be a part of this Code. The official zoning map shall bear the date of its adoption and the signature of the Mayor, attested to by the Town Clerk. The boundaries of each district shall be as shown on the Official Zoning Map and the district symbols as set out in this Code shall be used to designate each district.

2)

Authority as to current zoning status. The official zoning map shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the Town, and shall supersede and replace any and all previously adopted zoning maps. The Town Clerk shall be the custodian of the official zoning map.

3)

Interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

A)

Boundaries indicated as approximately following the center lines of public or private rights-of-way shall be construed to follow such center lines.

B)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines as they exist at the time of the establishment of the district boundary.

C)

Boundaries indicated as approximately following Town limits shall be construed as following Town limits as they existed at the time of the establishment of the district boundary.

D)

Boundaries indicated as following a shoreline shall be construed to follow such shorelines, and in the event of change of the shoreline, shall be construed as moving with the actual shoreline.

E)

Submerged lands, including waters over such submerged land, unless specifically zoned otherwise, are to be construed as being zoned the same as the abutting upland.

F)

Boundaries indicated as parallel to or extensions of features indicated in items above, shall be so construed.

G)

Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

H)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by items above, the Growth Management Director shall interpret the district boundaries.

4)

Zoning district boundary changes. After an amendment has been approved by the Town Commission, changes in district boundaries shall be promptly entered on the official zoning map stating the date of change, signed by the Mayor and attested by the Town Clerk.

c)

Compliance with district regulations.

1)

No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than a use permitted in the district in which such building, land or water is located.

2)

No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied areas, or higher density or intensity than is prescribed in the regulations for the district in which the building or land is located.

3)

No lot, which is now or which may hereafter be built upon shall be so reduced in area so that it will be smaller than prescribed by this Code.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)

This section presents the basic purpose and intent of each zoning district. For specific criteria pertaining to those uses allowed as a special exception use upon approval, refer to the Conditional Uses and Special Exceptions Chapter.

a)

AG-1 "Agriculture Residential." This district is established to provide for the protection of interim agricultural pursuits in transitional or urbanizing areas. The density shall not exceed one (1) unit per acre.

1)

Permitted uses.

A)

Agriculture. A minimum of five (5) acres is required for the keeping, harboring, or maintaining of livestock or fowl.

B)

Accessory structures and uses incidental to agricultural activity provided structures for keeping and raising of livestock shall be exempt from the requirement of a building permit and any building setback requirements in accordance with Chapter 604.50 of the Florida Statutes, provided an agricultural operation has been established as per the definitions and criteria of the same chapter.

C)

Single-family dwelling units.

D)

Manufactured home, residential design (RDMH). See Affordable Housing section later in this chapter.

E)

Guest or servant quarters not to exceed sixty (60) percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

F)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size in accordance with Table 5-4.a.

G)

Community residential homes with one to six (1—6) residents.

H)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

I)

Family child care homes.

J)

Accessory structures without a primary dwelling unit, provided that the property contains a minimum of five (5) acres.

2)

Uses permitted as special exception use upon approval.

A)

Veterinary clinics.

B)

Retail nurseries and garden supplies.

C)

Horses, commercial stables, dude ranch, riding academy, boarding stable.

D)

Agriculture: Processing (except for packing and slaughter houses).

E)

Bed and breakfast inns: Small homestay.

3)

Uses expressly prohibited.

A)

Single-family attached dwelling units.

B)

Multi-family residential dwelling units.

C)

Two-family (duplex) dwelling units.

D)

Manufactured home, standard design (SDMH).

E)

Farmers markets.

F)

Flea markets.

G)

Dairies.

H)

Kennels: boarding.

I)

Kennels: breeding.

J)

Horse breeding farms.

K)

Poultry ranches.

L)

Mushroom farms.

M)

Hog farms.

N)

Any use prohibited by Town, state or federal law.

O)

Agriculture: processing-packing and slaughter houses.

P)

Medical marijuana dispensaries.

Q)

Non-medical marijuana sales.

R)

Cannabis farms.

4)

Design Standards.

A)

Minimum lot size shall be one (1) acre. Residential projects may be designed to allow clustering of dwelling units; however, overall density cannot exceed one (1) dwelling unit per acre.

B)

Minimum lot width shall be one hundred fifty (150) feet measured along the building setback line. Minimum lot widths may be waived if clustering of units is provided.

C)

Maximum building height shall be thirty-five (35) feet.

D)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining:

a.

Another lot: Ten (10) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty (30) feet.

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an AG-1 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E)

The maximum impervious surface ratio (which includes building coverage) shall not exceed twenty-five (25) percent.

F)

Minimum floor area for dwellings shall not be less than one thousand (1,000) square feet which exclude porches, garages, or utility rooms.

^* Whichever is greater

b)

RS-1 "Single-Family Very Low Density Residential." This district is established to implement comprehensive plan policies for managing very low-density, single-family residential development at a density not to exceed one (1) single-family dwelling unit per acre. The RS-1 district is established to preserve the stability of existing and future conventional single-family residential home sites on larger parcels, preserve open space, and manage future densities in order to assure that residents electing to reside on such non-agricultural properties with greater lot sizes are provided such opportunities.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Guest or servant quarters not to exceed thirty (30) percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of thirty-five (35) percent of the square footage of the principal structure.

D)

Community residential homes with one to six (1—6) residents.

E)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F)

Neighborhood recreational facilities.

G)

Reserved.

H)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Public use recreation facilities, including marinas.

3)

Uses expressly prohibited.

A)

Single-family attached dwelling units.

B)

Multi-family residential dwelling units.

C)

Two-family (duplex) dwelling units.

D)

Commercial land uses.

E)

Industrial land uses.

F)

Any use prohibited by Town, state or federal law.

G)

Manufactured homes (SDMH and RDMH).

H)

Bed and breakfast inns.

I)

Medical marijuana dispensaries.

J)

Non-medical marijuana sales.

K)

Cannabis farms.

4)

Design standards.

A)

Minimum lot area shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Subdivisions may be designed to allow clustering of residential dwelling units; however, overall density may not exceed one (1) dwelling unit per acre.

B)

Minimum lot width at the building setback line shall be one hundred (100) feet. Minimum lot widths may be reduced to sixty (60) feet if clustering of units is provided.

C)

Maximum building height shall not exceed thirty-five (35) feet.

D)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining:

a.

Another lot: Ten (10) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty (30) feet.

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an RS-1 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E)

The maximum impervious surface ratio (which includes building coverage) shall not exceed thirty-five (35) percent.

F)

Minimum floor area shall not be less than one thousand (1,000) square feet which does not include porches, garages, utility rooms, etc.

c)

RS-3 "Single-Family Low Density Residential." This district is established to implement comprehensive plan policies for managing low-density, single-family residential development at a density not to exceed three (3) single-family dwelling units per acre. The RS-3 district is established to preserve the stability of existing and future conventional single-family residential neighborhoods, preserve open space, and manage future densities in order to assure that future densities are compatible with existing developments and natural features of the land, as well as existing and projected public services and facilities within the area.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Guest or servant quarters not to exceed thirty (30) percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25) percent of the square footage of the principal structure.

D)

Community residential homes with one to six (1—6) residents.

E)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F)

Neighborhood recreational facilities.

G)

Reserved.

H)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Public use recreation facilities, including marinas.

3)

Uses expressly prohibited.

A)

Single-family attached dwelling units.

B)

Multi-family residential dwelling units.

C)

Two-family (duplex) dwelling units.

D)

Commercial land uses.

E)

Industrial land uses.

F)

Any use prohibited by Town, state or federal law.

G)

Manufactured homes (SDMH and RDMH).

H)

Bed and breakfast inns.

I)

Medical marijuana dispensaries.

J)

Non-medical marijuana sales.

K)

Cannabis farms.

4)

Design standards.

A)

Minimum lot area shall be fourteen thousand five hundred (14,500) square feet if served by central sewer. If individual well is used for potable water, the minimum lot size is one-half acre. Projects may be designed to allow clustering of residential dwelling units; however, overall density may not exceed three (3) units per acre.

B)

Minimum lot width at the building setback line shall be one hundred (100) feet. Minimum lot widths may be waived if clustering of units is provided.

C)

Maximum building height shall not exceed thirty-five (35) feet.

D)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining:

a.

Another lot: Eight (8) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty (30) feet.

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an RS-3 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E)

The maximum impervious surface ratio (which includes building coverage) shall not exceed thirty-five (35) percent.

F)

Minimum floor area shall be not less than one thousand (1,000) square feet which does not include porches, garages, utility rooms, etc.

d)

RS-4 "Single-Family Moderate Density Residential." This district is established to implement comprehensive plan policies for managing moderate-density, single-family residential development at a density not to exceed four (4) single-family dwelling units per acre. The RS-4 district is established to implement comprehensive plan policies for managing moderate density, single-family residential development at a density not to exceed four (4) single-family dwelling units per acre. The RS-4 district is established to preserve the stability of existing and future conventional single-family residential neighborhoods, preserve open space, and manage future densities in order to assure that future densities are compatible with existing developments and natural features of the land, as well as existing and projected public services and facilities within the area.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Guest or servant quarters not to exceed thirty (30) percent of living area of the principal dwelling unit pursuant to miscellaneous regulations chapter of this Code.

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of forty-five (45) percent of the square footage of the principal structure.

D)

Community residential homes with one to six (1—6) residents.

E)

Home occupations pursuant to miscellaneous regulations chapter of this Code.

F)

Neighborhood recreational facilities.

G)

Reserved.

H)

Family child care home.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Public use recreation facilities, including marinas.

3)

Uses expressly prohibited.

A)

Single-family attached dwelling units.

B)

Multi-family residential dwelling units.

C)

Two-family (duplex) dwelling units.

D)

Commercial land uses.

E)

Industrial land uses.

F)

Any use prohibited by town, state or federal law.

G)

Manufactured homes (SDMH and RDMH).

H)

Bed and breakfast inn.

4)

Design standards.

A)

Minimum lot area shall be .20 acres (8,500 square feet). Subdivisions may be designed to allow clustering of residential dwelling units; however, overall density may not exceed four (4) dwelling units per acre.

B)

Minimum lot width at the building setback line shall be one hundred (100) feet. Minimum lot widths may be reduced to sixty (60) feet if clustering of units is provided.

C)

Maximum building height shall not exceed thirty-five (35) feet.

D)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining:

a.

Another lot: Six (6) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty (30) feet.

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an RS-4 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

E)

The maximum impervious surface ratio (which includes building coverage) shall not exceed forty-five (45) percent.

F)

Minimum floor area shall be not less than one thousand (1,000) square feet which does not include porches, garages, utility rooms, etc.

G)

All lots zoned RS-4 must be served by a central sewer connection.

e)

RS-6 "Single-family Medium Density." This district is established to implement comprehensive plan policies for the establishment of single-family dwellings in urban environments. It is also intended to provide relatively affordable, urban housing at a density not to exceed six (6) dwelling units per acre.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Guest or servant quarters not to exceed thirty (30) percent of the living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25) percent of the square footage of the principal structure.

D)

Community residential homes with one to six (1—6) residents.

E)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F)

Reserved.

G)

Neighborhood recreational facilities.

H)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Public use recreation facilities, including marinas.

3)

Uses expressly prohibited.

A)

Single-family attached dwelling units.

B)

Two-family (duplex) dwelling units.

C)

Multi-family residential dwelling units.

D)

Commercial land uses.

E)

Industrial land uses.

F)

Bed and breakfast inns.

G)

Manufactured homes (SDMH and RDMH).

H)

Any use prohibited by Town, state or federal law.

I)

Medical marijuana dispensaries.

J)

Non-medical marijuana sales.

K)

Cannabis farms.

4)

Design standards.

A)

Minimum lot area shall be seven thousand (7,000) square feet if central sewer is provided. If central sewer facilities are not available, the minimum lot size is twelve thousand (12,500) square feet. Projects may be designed to allow clustering of residential units; however, overall density cannot exceed six (6) dwelling units per acre.

B)

Minimum lot width at the building setback line shall be seventy-five (75) feet. If septic tanks are utilized, then the minimum lot width shall be one hundred (100) feet. Minimum lot widths may be waived if clustering of units is provided.

C)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty-five (35) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining:

a.

Another lot: Six (6) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty-five (35) feet.

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

D)

The maximum impervious surface ratio (which includes building coverage) shall not exceed forty-five (45) percent.

E)

Minimum floor area shall be one thousand (1,000) square feet exclusive of porches, garages, utility rooms, etc.

F)

Maximum building height is thirty-five (35) feet.

f)

MX-5 "Mixed Low Density Residential." This district is established to implement comprehensive plan policies for managing traditional single-family residential development at a density not to exceed five (5) dwelling units per acre. This district is established to preserve the stability of existing and future residential neighborhoods, preserve open space, and manage future densities in order to assure a smooth transition between low-density residential and areas designated for more intense uses.

1)

Permitted uses.

A)

Single-family detached residential dwelling units.

B)

Manufactured home, residential design (RDMH).

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25)percent of the square footage of the principal structure. Mobile Homes are subject to an allowance of thirty-five (35) percent of the square footage of the principal structure.

D)

Guest or servant quarters not to exceed thirty (30) percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

E)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

F)

Community residential homes with one to six (1—6) residents.

G)

Reserved.

H)

Neighborhood recreational facilities.

I)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Two-family (duplex) dwelling units.

C)

Bed and breakfast inn: Small homestay.

D)

Public use recreational facilities, including marinas.

3)

Uses expressly prohibited.

A)

Commercial land uses.

B)

Industrial land uses.

C)

Any use prohibited by Town, state or federal law.

D)

Multi-family dwelling units.

E)

Manufactured home, standard design (SDMH).

F)

Medical marijuana dispensaries.

G)

Non-medical marijuana sales.

H)

Cannabis farms

4)

Design standards.

A)

Minimum lot area shall be eight thousand seven hundred (8,700) square feet if central sewer is provided. If central sewer is not available, then the minimum lot area shall be twelve thousand five hundred (12,500) square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed five (5) units per acre.

B)

Minimum lot width at the building setback line shall be seventy-five (75) feet or one hundred (100) feet if septic tanks are used. Minimum lot width may be waived if clustering of units is provided.

C)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty-five (35) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side yard setback when adjoining;

a.

Another lot: Six (6) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty-five (35) feet

d.

Arterial roadway: Fifty (50) feet.

3.

Rear yard setback: Twenty (20) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an MX-5 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

D)

The maximum impervious surface ratio (which includes building coverage) shall not exceed forty-five (45) percent.

E)

The minimum floor area shall be eight hundred fifty (850) square feet exclusive of garages, screen porches, utility rooms, etc.

F)

The maximum building height shall not exceed thirty-five (35) feet.

g)

MX-8 "Mixed Residential Medium Density." This district is established to implement comprehensive plan policies to provide moderate density single-family and manufactured home dwelling units in urban environments at a density not to exceed eight (8) dwelling units per acre and it is intended to serve as a transitional zone between multi-family and single-family residential uses.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Single-family attached dwelling units.

C)

Manufactured home, residential design (RDMH).

D)

Two-family (duplex) dwelling units.

E)

Guest or servant quarters not to exceed thirty (30) percent of living area of the principal dwelling unit pursuant to Miscellaneous Regulations chapter of this Code.

F)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25) percent of the square footage of the principal structure. Mobile Homes are subject to an allowance of thirty-five (35 percent of the square footage of the principal structure.

G)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H)

Community residential home facilities with one to six (1—6) residents.

I)

Reserved.

J)

Neighborhood recreational facilities.

K)

Accessory uses such as laundries, community buildings, offices, swimming pools and recreational facilities shall be permitted subject to the following conditions:

1)

The establishments shall not be advertised for patronage by the general public.

2)

Recreational facilities shall in general be centrally located; in instances where recreational facilities are dedicated to the public, facilities may be located proximate to the exterior of the development such that traffic impacts are minimal to the residents of such development.

L)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

(Licensed) community residential homes with more than six (6) residents.

B)

Public use recreational facilities, including marinas.

C)

Restaurants, if they are part of the permitted use development.

3)

Uses expressly prohibited.

A)

Commercial land uses (except restaurants permitted by a special exception).

B)

Industrial land uses.

C)

Multi-family dwelling units.

D)

Bed and breakfast inns.

E)

Manufactured home, standard design (SDMH).

F)

Any use prohibited by Town, state or federal law.

G)

Medical marijuana dispensaries.

H)

Non-medical marijuana sales

I)

Cannabis farms.

4)

Design standards.

A)

Minimum lot area shall be five thousand (5,000) square feet should central utilities be provided but overall density cannot exceed eight (8) units per acre. Should septic tanks be utilized then the minimum lot area shall be twelve thousand five hundred (12,500) square feet. Projects may be designed to allow clustering of residential units; however, overall density cannot exceed eight (8) units per acre.

B)

Minimum lot width shall be fifty (50) feet. Should septic tanks be utilized, then the minimum lot width shall be one hundred (100) feet. Minimum lot widths may be waived if clustering of units is provided.

C)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty (20) feet.

b.

Collector roadway: Thirty-five (35) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Rear yard setback: Ten (10) feet. A rear yard setback of seven-and-a-half (7.5) feet if adjoining an adjacent side yard for corner lots shall be permitted.

3.

Side yard setback when adjoining:

a.

Another lot: Five (5) feet.

b.

Local roadway: Twenty (20) feet.

c.

Collector roadway: Thirty-five (35) feet.

d.

Arterial roadway: Fifty (50) feet.

4.

Where a front yard of lesser depth than required exists in front of dwellings on more than sixty (60) percent of lots of record on one (1) side of the street in any one (1) block in an MX-8 district, the depth of the front yard for any building hereafter erected or replaced on any lot in such block need not be greater than the average depth of front yards of existing buildings.

D)

The maximum impervious surface ratio (which includes building coverage) shall not exceed sixty (60) percent in the development.

E)

The minimum floor area shall be eight hundred (800) square feet exclusive of garages, screened porches, utility rooms, etc.

F)

The maximum building height shall not exceed thirty-five (35) feet unless adequate fire protection measures are provided.

h)

MH-9 "Manufactured Homes High Density." This district is established to implement comprehensive plan policies to provide for the establishment of manufactured home dwellings in urban environments at a density not to exceed four (4) units per acre unless central sewer facilities are available at which time density is not allowed to exceed nine (9) dwelling units per acre.

1)

Permitted uses.

A)

Manufactured home rental parks for the placement of residential design manufactured homes (RDMH).

B)

Manufactured home subdivisions for the placement of residential design manufactured homes (RDMH).

C)

Accessory uses such as laundries, community buildings, offices, swimming pools and recreational facilities shall be permitted subject to the following conditions:

1)

The establishments shall not be advertised for patronage by the general public.

2)

Recreational facilities shall in general be centrally located; in instances where recreational facilities are dedicated to the public, facilities may be located proximate to the exterior of the development such that traffic impacts are minimal to the residents of such development.

D)

Reserved.

E)

Family child care homes.

F)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of thirty-five (35) percent of the square footage of the principal structure.

G)

Individual single-family dwelling units to be located on lots of record existing as of September 21, 2006. (Ord. 2006-68)

H)

Individual Manufactured Home, Residential Design (RDMH) to be located on lots of record existing as of September 21, 2006. (Ord. 2006-68)

I)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

2)

Uses permitted as special exception use upon approval.

A)

Restaurants, if they are part of the permitted use development.

B)

Manufactured home, standard design (SDMH).

3)

Uses expressly prohibited.

A)

Commercial land uses (except restaurants permitted as a special exception).

B)

Industrial land uses.

C)

Conventional single-family dwelling units.

D)

Two-family (duplex) dwelling units.

E)

Multi-family dwelling units.

F)

Any use prohibited by Town, state or federal law.

G)

Medical marijuana dispensaries.

H)

Non-medical marijuana sales.

I)

Cannabis farms.

4)

Manufactured home rental park development standards.

A)

The developer shall submit Master Park Plans at the time of application, prepared in accordance with the Design Standards subsection later in this section. Final Site Development Plans must be submitted in accordance with the improvement standards (i.e., water, sewer, drainage, etc.) in other chapters of this Code.

B)

A manufactured home rental park shall be entirely enclosed, exclusive of driveways, at its external boundaries in accordance with the buffer class requirements of chapter 10, Section 3.

C)

Manufactured homes shall meet the setback requirements in the Design Standards subsection later in this section.

D)

There shall be at least two (2) paved, off-street parking spaces for each home space, which shall be on the same site as the home served and may be located in the front or side yard of the home unit.

E)

Streets, areas at the entrances to buildings used by occupants at night, and walkways shall be lighted.

F)

All manufactured homes in all zoning districts that permit manufactured homes shall be skirted between the ground and floor of the manufactured home. The skirting material may be contiguous blocks, bricks, treated lumber, aluminum siding, or a suitable material as approved by the Building Official.

G)

All lots should be permanently pinned (corner markers) at the corner points prior to issuance of certificate of occupancy.

5)

Manufactured home subdivision development requirements.

A)

The developer shall submit Master Park Plans at the time of application, prepared in accordance with the Design Standards subsection later in this section. Final Development Plans and a plat must be submitted in accordance with the criteria as established by chapter 7, Subdivisions and Plats, and shall meet the development, design and improvement standards for subdivisions as stated in other chapters of this Code.

6)

Manufactured home subdivision, ownership limitations.

A)

Any manufactured home subdivision in which any person, group, or company obtains ownership of ten (10) percent or more of the subdivision units for rental or leasing purposes, shall be deemed to be a manufactured home rental park and appropriate licenses and/or permits shall be obtained from the Town.

B)

Any builder(s), owner(s), or developer(s) of a manufactured home subdivision who retains, or within a period of 18 months regains, possession of ten (10) percent or more of the subdivision units for purposes of rental or lease shall be subject to the regulations of the Town governing all aspects of manufactured home rental parks.

7)

Design standards.

A)

The minimum lot area shall be five thousand (5,000) square feet if central water and sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be twelve thousand five hundred (12,500) square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed nine (9) units per acre. The lot shall be clearly defined by permanent markers.

B)

The minimum lot width shall be fifty (50) feet measured along the building setback line if central sewer is provided. If septic tank is used, minimum width is one hundred (100) feet. Minimum lot widths may be waived if clustering of units is provided.

C)

The maximum building height shall be thirty-five (35) feet.

D)

Minimum setback requirements:

1.

Front yard setback:

a.

Local platted roadway: Twenty (20) feet.

b.

Collector roadway: Thirty-five (35)feet.

c.

Arterial roadway: Fifty (50) feet.

d.

Local private paved streets: Twenty-five (25) feet off of edge of pavement.

2.

Side yard setback when adjoining;

a.

Another lot: Five (5) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty-five (35) feet.

d.

Arterial roadway: Fifty (50) feet.

e.

Interior paved streets: Twenty (20) feet.

3.

Rear yard setback: Ten (10) feet.

E)

The minimum living area shall be eight hundred (800) square feet exclusive of garages, screen porches, utility rooms, etc.

F)

The maximum impervious surface ratio (which includes building coverage) shall not exceed sixty (60) percent.

i)

MF-12 "Multi-Family High Density Low Rise." This district is established to implement comprehensive plan policies for managing high density residential development at a density not to exceed four (4) units per acre unless central sewer facilities are available at which time density is not allowed to exceed twelve (12) units per acre. This district is established to ensure that sufficient land is available for high density residential development.

1)

Permitted uses.

A)

Single-family attached residential dwelling units.

B)

Single-family detached residential dwelling units.

C)

Two-family (duplex) residential dwelling units.

D)

Manufactured home, residential design (RDMH).

E)

Multi-family residential dwelling units.

F)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25) percent of the square footage of the principal structure. Manufactured Homes are subject to an allowance of thirty-five (35) percent of the square footage of the principal structure.

G)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H)

(Licensed) community residential homes with more than six (6) residents.

I)

Bed and breakfast inns: Small and medium homestays.

J)

Reserved.

K)

Neighborhood recreational facilities.

L)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

Adult congregate living facilities.

B)

Nursing homes and skilled nursing.

C)

Day care centers.

D)

Offices.

E)

Small scale commercial land uses, five thousand (5,000) square feet (GFA) or less.

3)

Uses expressly prohibited.

A)

Manufactured home, standard design (SDMH).

B)

Commercial land uses, over five thousand (5,000) square feet (GFA).

C)

Industrial land uses.

D)

Uses prohibited by Town, state or federal law.

E)

Medical marijuana dispensaries.

F)

Non-medical marijuana sales.

G)

Cannabis farms.

4)

Design standards for bed and breakfast inns.

A)

There must be no appearance of commercial activity and the structure must maintain its residential character.

B)

The number of rental rooms shall be limited to three (3) for a small homestay and five (5) for a medium homestay.

C)

Parking Requirements: Two (2) parking spaces for the dwelling, plus one (1) space per guest room must be provided. The parking must be in the rear yard.

D)

Signs: One (1) sign not to exceed three (3) square feet may be permitted to identify the establishment in residential zoning districts. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs are prohibited.

E)

Food Preparation: The only meal to be provided to guests shall be breakfast and it shall be served only to guests taking lodging in the facility. Meals shall be served only between the hours of 5:30 a.m. and 11:30 a.m.

F)

The facility must be owner occupied and managed.

G)

The architectural integrity of the interior of the existing structure must be maintained. The interior may not be structurally altered except as required to meet health, building, fire, safety and sanitation requirements.

H)

Other conditions may be deemed necessary by the Town Commission to protect the health, safety and welfare of the general public.

5)

General design standards.

A)

The minimum lot area for single-family shall be five thousand (5,000) square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be twelve thousand five hundred (12,500) square feet.

B)

The minimum lot area for duplex units shall be nine thousand (9,000) square feet if central sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be twelve thousand five hundred (12,500) square feet.

C)

The minimum lot area for multi-family units shall be fifteen thousand (15,000) square feet.

D)

Projects may be designed to allow clustering of residential units; however, overall density cannot exceed twelve (12) units per acre.

E)

The minimum lot width shall be sixty (60) feet for single-family and duplex units if central sewer facilities are provided. If septic tanks are utilized the minimum lot width shall be one hundred (100) feet.

F)

The minimum lot width shall be one hundred (100) feet for multi-family units.

G)

Minimum lot widths may be waived if clustering of units is provided.

H)

The minimum living area for single-family units shall be eight hundred (800) square feet exclusive of garages, screen porches, utility rooms, etc.

I)

The minimum living area for one-bedroom duplex and multi-family units shall be five hundred fifty (550) square feet exclusive of garages, screened porches, utility rooms, etc.

J)

The minimum living area for two-bedroom duplex and multi-family units shall be seven hundred (700) square feet exclusive of garages, screen porches, utility rooms, etc.

K)

The minimum living area for three (3) or more bedroom duplex and multi-family units shall be eight hundred fifty (850) square feet exclusive of garages, screen porches, utility rooms, etc.

L)

For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

j)

MF-18 "Multi-Family High Density 18." This district is established to implement comprehensive plan policies for managing high-density residential development where central sewer facilities are available. Density is not allowed to exceed eighteen (18) units per acre. This district is established to ensure that sufficient land is available for high-density residential development in close proximity to infrastructure, adequate collector or arterial corridors, and public and private services, thus providing residential opportunities including affordable housing options.

1)

Permitted uses.

A)

Single-family attached residential dwelling units.

B)

Single-family detached residential dwelling units (i.e., courtyard villas).

C)

Two-family (duplex) residential dwelling units.

D)

Manufactured home, residential design (RDMH).

E)

Multi-family residential dwelling units.

F)

Customary accessory structures and uses incidental to the development (i.e.; maintenance units to support the operations of the development).

G)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code.

H)

(Licensed) community residential homes with more than six (6) residents.

I)

Bed and breakfast inns: Small and medium homestays.

J)

Neighborhood recreational facilities.

K)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

Adult congregate living facilities.

B)

Nursing homes or skilled nursing.

C)

Day care centers.

D)

Offices.

E)

Small scale commercial land uses, five thousand (5,000) square feet (GFA) or less.

3)

Uses expressly prohibited.

A)

Manufactured home, standard design (SDMH).

B)

Commercial land uses, over five thousand (5,000) square feet (GFA).

C)

Industrial land uses.

D)

Uses prohibited by Town, state or federal law.

E)

Medical marijuana dispensaries.

F)

Non-medical marijuana sales.

G)

Cannabis farms.

4)

Design standards for bed and breakfast inns.

A)

There must be no appearance of commercial activity and the structure must maintain its residential character.

B)

The number of rental rooms shall be limited to three (3) for a small homestay and five (5) for a medium homestay.

C)

Parking requirements: Two (2) parking spaces for the dwelling, plus one (1) space per guest room must be provided. The parking must be in the rear yard.

D)

Signs: One (1) sign not to exceed three (3) square feet may be permitted to identify the establishment in residential zoning districts. The sign must be constructed of sand-blasted wood, ornamental iron, or other materials as approved. Portable and neon signs shall not be allowed.

E)

Food preparation: The only meal to be provided to guests shall be breakfast and it shall be served only to guests taking lodging in the facility. Meals shall be served only between the hours of 5:30 a.m. and 11:30 a.m.

F)

The facility must be owner-occupied and managed.

G)

The architectural integrity of the interior of the existing structure must be maintained. The interior may not be structurally altered except as required to meet health, building, fire, safety and sanitation requirements.

H)

Other conditions may be deemed necessary by the Town Commission to protect the health, safety and welfare of the general public.

5)

General design standards.

A)

The minimum lot area for single-family detached shall be four-thousand five hundred (4,500) square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be twelve thousand five hundred (12,500) square feet.

B)

The minimum lot area for duplex units shall be nine thousand (9,000) square feet if central sewer facilities are provided. Should septic tanks be utilized, then the minimum lot area shall be twelve thousand five hundred (12,500) square feet.

C)

The minimum lot area for single-family attached shall be three thousand (3,000) square feet and the use shall be permitted only if central sewer is available.

D)

Projects may be designed to allow clustering of residential units; however, overall density cannot exceed eighteen (18) units per acre.

E)

The minimum lot width shall be fifty (50) feet for single-family detached and duplex units if central sewer facilities are provided. If septic tanks are utilized, the minimum lot width shall be one hundred (100) feet. The minimum lot width for single-family attached shall be twenty-four (24) feet.

F)

The minimum tract width for a multi-family development shall be one hundred (100) feet for multi-family units.

G)

Minimum lot widths may be waived if clustering of units is provided.

H)

The minimum living area for single-family units shall be eight hundred (800) square feet exclusive of garages, screen porches, utility rooms, etc.

I)

The minimum living area for one (1) bedroom duplex and multi-family units shall be five hundred fifty (550) square feet exclusive of garages, screened porches, utility rooms, etc.

J)

The minimum living area for two (2) bedroom duplex and multi-family units shall be seven hundred (700) square feet exclusive of garages, screen porches, utility rooms, etc.

K)

The minimum living area for three (3) or more bedroom duplex and multi-family units shall be eight hundred fifty (850) square feet exclusive of garages, screen porches, utility rooms, etc.

L)

For maximum impervious surface ratio (including building coverage), height and setback requirements, see charts at the end of this section.

k)

RP "Residential Professional." This district is established to implement comprehensive plan policies for managing transitional areas where existing residential structures can be utilized for personal and professional services and not adversely affect adjacent property. The density cannot exceed four (4) units per acre unless central sewer facilities are available at which time density is not allowed to exceed twelve (12) units per acre.

1)

Permitted uses.

A)

Single-family detached dwelling units.

B)

Two-family (duplex) dwelling units.

C)

Customary accessory structures and uses incidental to the principal structure. Accessory structures shall be limited in size to a maximum of twenty-five (25) percent of the square footage of the principal structure.

D)

Business services.

E)

Offices.

F)

Financial services.

G)

Personal services.

H)

Multi-family dwelling units.

I)

Medical offices and clinics.

J)

Bed and breakfast inns: Small and medium homestays (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section).

K)

Reserved.

L)

Family child care homes.

2)

Uses permitted as special exception use upon approval.

A)

Banks.

B)

Day care centers.

C)

Health and exercise clubs.

D)

Office and warehouse facilities.

E)

Veterinary clinics.

3)

Uses expressly prohibited.

A)

Manufactured homes (RDMH and SDMH).

B)

Wholesalers and distributors.

C)

Industrial land uses.

D)

Retail sales.

E)

Adult entertainment.

F)

Commercial recreational facilities.

G)

Uses prohibited by Town, state or federal law.

H)

Medical marijuana dispensaries.

I)

Non-medical marijuana sales.

J)

Cannabis farms.

4)

Design standards.

A)

The maximum impervious surface ratio (which includes building coverage) shall be limited to seventy-five (75) percent.

B)

The maximum building height is thirty-five (35) feet unless adequate fire protection measures are provided.

C)

The minimum lot area shall be ten thousand (10,000) square feet if central sewer facilities are provided. Should septic tanks be utilized the minimum lot area shall be twelve thousand five hundred (12,500) square feet. Projects may be designed to allow clustering of residential units; however, overall density may not exceed twelve (12) units per acre.

D)

The minimum lot width shall be one hundred (100) feet. Minimum lot widths may be waived if clustering of units is provided.

E)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Side and rear setbacks shall be equivalent to those used for proposed land use as identified in the individual sections.

l)

CT "Commercial Tourist." This district is established to implement comprehensive plan policies for managing tourist related facilities.

1)

Permitted uses.

A)

Hotels or motels.

B)

Bed and breakfast inns: Small and medium homestays. (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section)

C)

Reserved.

D)

Home occupations pursuant to Miscellaneous Regulations chapter of this Code, where RV parks are in existence.

2)

Uses permitted as special exception use upon approval.

A)

Commercial recreational facilities.

B)

Recreational vehicle (RV) parks.

3)

Uses expressly prohibited.

A)

Single-family residential.

B)

Multi-family residential.

C)

Industrial land uses.

D)

Wholesalers and distributors.

E)

Retail commercial land uses.

F)

Any use prohibited by Town, state or federal law.

G)

Campgrounds.

H)

Sweepstakes cafes or establishments housing simulated gaming devices.

I)

Medical marijuana dispensaries.

J)

Non-medical marijuana sales.

K)

Cannabis farms.

4)

Design standards.

A)

The minimum lot area shall be fifteen thousand (15,000) square feet.

B)

Setbacks of the CT "Commercial Tourist" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

C)

The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty (80) percent.

D)

Maximum building height is thirty-five (35) feet unless adequate fire protection measures are provided.

E)

The density shall not exceed twelve (12) units per acre.

m)

LC "Light Commercial." This district is established to implement comprehensive plan policies for managing transitional areas between residential land uses and more intense commercial and industrial uses. This district is established to provide sufficient land for residential dwellings at a density not to exceed four (4) units per acre unless central sewer facilities are available at which time density is not allowed to exceed twelve (12) units per acre and general retail sales and services.

1)

Permitted uses.

A)

Offices.

B)

Personal services.

C)

Convenience stores without fuel operations.

D)

Laundry and dry-cleaning retail stores.

E)

Day care centers.

F)

Adult congregate living facilities or skilled nursing.

G)

(Licensed) Community residential homes with more than six (6) residents.

H)

Clubs, lodges and fraternal organizations.

I)

Financial services.

J)

Office supplies.

K)

Retail sales and services.

L)

Business services.

M)

Bed and breakfast inns: Small and medium homestays. (See Design Standards for Bed and Breakfast Inns in the MF-12 zoning section).

N)

Office complex.

O)

Maintenance contractors.

P)

Medical offices or clinics.

Q)

Multi-family dwelling units.

R)

Manufactured home sales and services.

S)

Office condominiums.

T)

Reserved.

U)

Reserved.

V)

Martial arts studios.

2)

Uses permitted as a special exception use upon approval.

A)

Convenience stores with fuel operations.

B)

Restaurants.

C)

Banks.

D)

Athletic or sports facilities.

E)

Commercial recreation facilities.

F)

Health or exercise clubs.

G)

Mini-storage warehouses.

H)

Veterinary clinics.

I)

Offset printing.

J)

Wholesalers and distributors.

K)

Office or warehouse facilities.

L)

Accessory structures, which may include a residence.

M)

Manufacturing: Craftsman shops.

N)

Tattoo parlors.

O)

Internet cafés (cybercafé).

P)

Massage parlors.

Q)

Religious facilities.

3)

Uses expressly prohibited.

A)

Manufacturing: processing.

B)

Adult entertainment.

C)

RV parks.

D)

Uses prohibited by Town, state and federal law.

E)

Agriculture: processing-packing and slaughter houses.

F)

Sweepstakes cafes/establishments housing simulated gaming devices.

G)

Medical marijuana dispensaries.

H)

Non-medical marijuana sales.

I)

Cannabis farms.

4)

Design standards.

A)

The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty (80) percent.

B)

Maximum building height of thirty-five (35) feet unless adequate fire protection measures are provided.

C)

No minimum lot size is required.

D)

No minimum lot width is required.

E)

Setbacks of the LC "Light Commercial" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

n)

HC "Heavy Commercial/Wholesale Commercial." This district is established to implement comprehensive plan policies for managing commercial development. This district is designed to accommodate general retail sales and services and wholesale services.

1)

Permitted uses.

A)

Adult or vocational education.

B)

Appliance or electronic repair shops.

C)

Athletic or sports facilities.

D)

Auction houses.

E)

Banks.

F)

Bars, lounges, and night clubs. (It shall be unlawful to operate a bar, lounge or night club within two hundred (200) feet of property owned or used by a church or school. Measurement shall be from the structure of the establishment to the nearest property line of the church or school.)

G)

Business services.

H)

Commercial or industrial equipment and supplies.

I)

Convenience stores without fuel operations.

J)

Day care centers.

K)

Adult care facility.

L)

Financial services.

M)

Furniture and appliance stores.

N)

Commercial recreational facilities.

O)

Health or exercise clubs.

P)

Hotels or motels.

Q)

Kennels: boarding.

R)

Contractors office.

S)

Medical offices or clinics.

T)

Motor vehicle sales.

U)

Motor vehicle service centers.

V)

Motor vehicle service stations.

W)

Offices.

X)

Office complex.

Y)

Office supplies.

Z)

Personal services.

AA)

Restaurants.

BB)

Retail home building materials.

CC)

Retail sales and services.

DD)

Shopping centers.

EE)

Theaters.

FF)

Transportation services.

GG)

Wholesales and distributers.

HH)

Veterinary clinics.

II)

(Licensed) community residential homes with more than six (6) residents.

JJ)

One (1) single-family dwelling unit for owners or caretaker's residence.

KK)

Offset printing.

LL)

Multi-family dwelling units.

MM)

Taxidermy.

NN)

Plumbing contractors.

OO)

Reserved.

PP)

Reserved.

QQ)

Martial arts studios.

RR)

Car washes.

2)

Uses permitted as a special exception use upon approval.

A)

Gun and archery ranges.

B)

Reserved.

C)

Trucking terminals.

D)

Farmers markets.

E)

Motor vehicle repair facilities.

F)

Motor vehicle towing and impoundment facilities.

G)

Games or video arcades.

H)

Boat sales.

I)

Convenience stores with fuel operations.

J)

Equipment rental.

K)

Contractor offices with enclosed storage area.

L)

Mini storage warehouses.

M)

Mobile home sales.

N)

Motor vehicle, RV and boat storage facilities.

O)

Motor vehicle dealer sales.

P)

Tattoo parlors.

Q)

Internet cafés (cybercafé).

R)

Massage parlors.

S)

Religious facilities.

T)

Medical marijuana dispensaries.

3)

Uses expressly prohibited.

A)

Industrial uses.

B)

Adult entertainment.

C)

RV parks.

D)

Flea markets.

E)

Agriculture: processing-packing and slaughter houses.

F)

Pawn shops.

G)

Uses prohibited by Town, state and federal law.

H)

Sweepstakes cafes or establishments housing simulated gaming devices.

I)

Non-medical marijuana sales.

J)

Cannabis farms.

4)

Design standards.

A)

The maximum impervious surface ratio (which includes building coverage) shall be limited to eighty (80) percent.

B)

Maximum building height of thirty-five (35) feet unless adequate fire protection measures are provided.

C)

Density is limited to four (4) units per acre unless central sewer facilities are available at which time densities shall not exceed twelve (12) units per acre.

D)

No minimum lot size is required.

E)

No minimum lot width is required.

F)

Setbacks of the HC "Heavy Commercial" zoning designation shall be governed by the requirements as set forth in Chapter 20 (Commercial Design Standards).

o)

I "Industrial." This district is established to implement comprehensive plan policies for managing industrial development and to provide development for wholesale commercial uses and limited industrial operations engaged in fabricating, repair, or storage of manufactured goods where no objectionable by-products of the activity (such as odors, smoke, dust, refuse, electro-magnetic interference, noise in excess of that customary to loading, unloading, and handling of goods and materials) are noticeable beyond the lot on which the facility is located. No hazardous materials may be utilized by the industrial operations permitted in this district. The location of such districts shall take into consideration access to rail and terminal facilities, major arterial roadways, labor markets and necessary urban services. Such districts shall be accessible to major thoroughfares and buffered from residential neighborhoods.

1)

Permitted uses.

A)

All permitted HC district uses.

B)

Reserved.

C)

Boat repairs.

D)

Commercial or industrial services.

E)

Construction contractor's yard and storage.

F)

Distribution centers.

G)

Laboratory or research and development.

H)

Laundry or dry-cleaning plants.

I)

Manufacturing: Craftsman shops.

J)

Manufacturing: Fabrication.

K)

Manufacturing: Processing.

L)

Motor vehicle repair facilities.

M)

Motor vehicle towing and impoundment facilities.

N)

Trucking terminals.

O)

Warehousing.

P)

Offset printing.

Q)

Wholesalers and distributors.

R)

Accessory structures.

2)

Uses permitted as a special exception use upon approval. One (1) single-family residential dwelling unit on the site of a permitted use to be used exclusively by a caretaker.

3)

Uses expressly prohibited.

A)

Residential dwelling units except as allowed above.

B)

Adult entertainment.

C)

Uses prohibited by Town, state and federal law.

D)

Used motor vehicle parts yards.

E)

Agriculture: processing-packing and slaughter houses.

F)

Medical marijuana dispensaries.

G)

Non-medical marijuana sales.

H)

Cannabis farms.

4)

Design standards.

A)

The maximum impervious surface ratio (which includes building coverage) shall be limited to seventy-five (75) percent.

B)

Maximum building height is thirty-five (35) feet unless adequate fire protection measures are provided.

C)

No minimum lot size is required.

D)

No minimum lot width is required.

E)

Minimum setback requirements:

1.

Front yard setback:

a.

Local roadway: Twenty-five (25) feet.

b.

Collector roadway: Thirty (30) feet.

c.

Arterial roadway: Fifty (50) feet.

2.

Rear Yard Setback: Twenty-five (25) feet.

3.

Side yard setback when adjoining:

a.

Another lot: Twenty-five (25) feet.

b.

Local roadway: Twenty-five (25) feet.

c.

Collector roadway: Thirty (30) feet.

d.

Arterial roadway: Fifty (50) feet.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010; Ord. No. 2011-17, § 1(Exh. A), 9-7-2011; Ord. No. 2012-07, § 1(Exh. A), 5-7-2012; Ord. No. 2014-05, § 1(Exh. B), 8-4-2014; Ord. No. 2018-40, § 1(Exhs. A—C), 9-19-2018; Ord. No. 2018-05, § 1(Exh. A), 2-5-18; Ord. No. 2020-05, § 1(Exh. A), 9-21-2020; Ord. No. 2019-19, § 1(Exh. A), 12-16-2019; Ord. No. 2023-09, § 1(Exh. A), 7-3-2023)

a)

It is the intent of the Town of Lady Lake to encourage the provision of affordable housing. Manufactured homes approved as RDMH, either individually or by specific model, are subject to the requirements and limitations applying generally to uses in the districts in which they are permitted, including minimum lot*, yard and building setbacks*, percentage of lot coverage, off-street parking requirements and approved foundations.

b)

Procedures for Approval of RDMH. Approval for RDMH shall be authorized by the Town Commission or as otherwise outlined in this Code.

1)

Application. Applications for approval of manufactured homes as RDMH shall be submitted to the Growth Management Director or designee and include such information as may reasonably be required to make determinations. In particular, in addition to such information as is generally required for permits and as is necessary for administrative purposes, such applications shall include all information necessary to make determinations as to conformity with the standards herein, including photographs, plans or drawings of all sides of the RDMH, exterior dimensions, roof pitch, roof materials, exterior finish, and other information deemed necessary.

2)

Review and time limitations on determinations. Within seven (7) days of presentation of the application and all required supporting materials the Growth Management Director o[r] designee shall make a determination as to conformity with the standards herein and shall notify the applicant of approval, conditional approval or denial of the application. Conditional approval shall be granted only when the conditions and reasons therefore are stated in writing and agreed to by the applicant, and such conditions shall be binding upon the applicant. In the case of disapproval, the reasons therefore shall be stated in writing.

c)

Standards for determinations of similarity in exterior appearance. The following standards shall be used in determination of similarity in appearance between the RDMH and site built housing which has been constructed in adjacent or nearby locations.

*1)

Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall not be less than fourteen (14) feet as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

*2)

Roofing. Minimum pitch of the main roof shall not be less than three (3) feet of rise for each twelve (12) feet of horizontal run and minimum roof overhang shall be six (6) inches. In general, any roofing material which is generally used for site built homes, other than a built up composition roof, may be used.

*3)

Exterior finish and light reflection. Only material for exterior finish which is generally acceptable for site built housing, such as masonite, vinyl, and finished wood, may be used; provided, however, that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

4)

Foundations. No RDMH shall be placed or occupied for residential use on a site until foundation plans have been submitted to and approved by the Growth Management Director or designee as to the durability of the proposed foundation and the compatibility in appearance to foundations of site built homes adjacent or nearby sites. All manufactured homes shall be placed on permanent foundations, which may include piers per Chapter 15C-1.0103 Foundations and Piers, FAC.

5)

Site orientation. The RDMH shall be placed on a lot in such a manner as to be compatible with and reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

6)

Garages and carports. Garages and/or carports shall be compatible with the RDMH.

7)

Compatibility. The RDMH shall meet the minimum square footage and building code requirements of the zoning district.

8)

Skirting. The RDMH shall be required to have continuous, closed skirting between the ground and floor of the home, with adequate ventilation provided, of a material that is similar to the exterior finish of the RDMH or stucco or brick. Neither aluminum slat nor lattice skirting shall be permitted.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)

*Flexible Land Development Regulations per Chapter 5, Section 7

State Law reference— Authority to provide for affordable housing, F.S. § 166.04151.

a)

Any used manufactured home, used mobile home or used park model which has been relocated and placed on property within the Town Limits of Lady Lake for a residential use, shall meet the following requirements prior to being issued a Certificate of Occupancy or being inspected for connection to an electric meter.

1)

Any repairs or remodeling shall be certified that all work has been performed in accordance with the pertinent code under which the unit was constructed as listed below.

2)

Certification inspections of any repairs or remodeling shall be made by a licensed manufactured home dealer; a licensed inspection agency; a professional engineer or architect.

3)

Any fees associated with the certification inspection shall be paid by the owner of the unit.

4)

Units built prior to the June 15, 1976 State of Florida imposition of Federal Housing and Urban Development standards shall not be permitted unless a professional engineer or architect certifies that the home meets current codes and standards.

5)

The certification of used units shall be in compliance with F.S. Ch. 320.8285, Chapter 150-1, FAC. The guidelines for repair and remodeling of used mobile homes promulgated by the Bureau of Mobile Home Construction, Florida Department of Motor Vehicles, and verification by a licensed manufactured home dealer or certified Manufactured Home Inspector that items which are listed on the Town's Inspection Standards for used manufactured homes are in satisfactory condition or good working order.

6)

Tie-down requirements for used manufactured or mobile homes shall conform to FAC 15C-1.0103-0104.

b)

A manufactured home, mobile home or park model that does not meet the standards as set forth above, shall be removed from the property within thirty (30) days. This shall not include licensed manufactured home dealers whose inventory includes dwelling units which are being refurbished, repaired or remodeled to meet safety standards of the appropriate code.

c)

No person shall park or store an unoccupied mobile home or park model in a residential zone, unless otherwise provided for herein.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)

Applicants may request to deviate from land development regulations that are specifically identified as flexible regulations in the Town of Lady Lake's Land Development Regulations when submitting an application for the replacement of an existing manufactured home in the various zoning district classifications. The applicant may submit an application to the Technical Review Committee to modify these regulations in the case of the proposed replacement, subject to the following requirements:

1)

Justification report. A proposed modification of land development regulations shall be justified by the applicant in a written report submitted with the development application which shall include, but not be limited to:

A)

The regulations which are proposed to be modified;

B)

The amount of the requested modification;

C)

A drawing (to scale) of the property and location of the existing home and any accessory structures contained on the property including dimensions of all structures and setbacks from the property lines;

D)

Graphic representations of the proposed replacement (site plans, sections, elevations, perspectives, etc.) showing how the modifications will meet the intent of the applicable zoning district classification in respect to open space, privacy, maintenance, and public health, safety and welfare; and

E)

Verification by a licensed manufactured home dealer or certified Manufactured Home Inspector that items which are listed on the Town's Inspection Standards for used manufactured homes are in satisfactory condition or good working order.

2)

Review. Modifications of flexible regulations shall be reviewed for approval by the Technical Review Committee. The TRC may vote to approve the application, approve the application with certain site design conditions, deny the application, or continue the application up to a maximum of sixty (60) days.

(Ord. No. 2009-13, § 1(Exh. A), 6-15-2009; Ord. No. 2010-09, § 1(Exh. A), 5-3-2010)