4.1.1. Establishment of districts. In order to classify, regulate, and restrict the use of land, buildings, and structures, to regulate the area of yards and open spaces about buildings, to regulate the intensity of land use, and to promote orderly growth within areas subject to these land development regulations, the following zoning districts are established:

4.1.2. Official zoning atlas. The land areas subject to these land development regulations are hereby divided into zoning districts as set out in this article above and as shown on the official zoning atlas of the county. The official zoning atlas, which may consist of one or more maps, together with all explanatory material shown therein is hereby adopted by reference and declared to be part of these land development regulations. The official zoning atlas is and shall remain on file in the office of the Land Development Regulation Administrator. The official zoning atlas shall be identified by the signature of the chairman of the Board of County Commissioners and attested by the clerk of the circuit court of the county.

If, in accordance with the provisions of these land development regulations, changes are made in district boundaries or other subject matter portrayed on the official zoning atlas by the Land Development Regulation Administrator, such changes shall be made on the official zoning atlas promptly after the amendment has been adopted.

All changes made on the official zoning atlas or matter shown thereon shall be in conformity with the procedures set forth in these land development regulations.

The official zoning atlas, which shall be located in a designated place easily accessible to the public, shall be the final authority as to the current zoning status of land and water areas, as well as buildings and other structures in areas subject to these land development regulations.

Prior zoning atlases or remaining portions thereof, which have had the force and effect of official zoning maps or atlases for areas subject to these land development regulations, shall be retained as a public record and as a guide to the historical zoning of land and water areas.

4.1.3. Rules for interpretation of district boundaries.

4.1.3.1. District regulations extend to all portions of districts surrounded by boundaries. Except as otherwise specifically provided, district symbols or names shown within district boundaries on the official zoning atlas indicate that district regulations pertaining to the district extend throughout the entire area surrounded by the boundary line.

4.1.3.2. Rules where uncertainty exists. Where uncertainty exists as to the boundaries of districts as shown on the official zoning atlas, the following rules shall apply:

1.

Centerlines. Boundaries shown as approximately following the centerlines of dedicated streets, highways, alleys, or rights-of-way shall be construed as following such centerlines as they exist on the ground, except where variation of actual location from mapped location would change the zoning status of a lot or parcel, in which case the boundary shall be interpreted in such a manner as to avoid changing the zoning status of any lot or parcel. In case of a street vacation, the boundary shall be construed as remaining in its location except where ownership of the vacated street is divided other than at its center, in which case the boundary shall be construed as moving with the ownership.

2.

Lot lines. Boundaries shown as approximately following lot lines or public property lines shall be construed as following such lines; provided, however, that where such boundaries are adjacent to a dedicated street, alley, highway, or right-of-way and the zoning status of the street, highway, alley, or right-of-way is not indicated, the boundaries shall be construed as running to the middle of the street, highway, alley, or right-of-way. In the event of street vacation, interpretation shall be as provided in (1) above.

3.

City or town limits. Boundaries shown as approximately following city or town limits shall be construed to follow such city or town limits.

4.

Railroad tracks. Boundaries shown as following railroad tracks shall be construed to be midway between the main tracks.

5.

Mean high-water lines; centerlines of streams, canals, lakes, or other bodies of water. Boundaries indicated as following mean high-water lines or centerlines of streams, canals, lakes, or other bodies of water shall be construed as following such mean high-water lines or centerlines. In case of a change in mean high-water line, or of the course or extent of bodies of water, the boundaries shall be construed to move with the change, except where such move would change the zoning status of a lot or parcel. In such case, the boundary shall be interpreted in a manner as to avoid changing the zoning status of any lot or parcel.

6.

Body of water. Boundaries shown as entering any body of water but not continuing to intersection with other zoning boundaries or with the limits of jurisdiction of [the] Board of County Commissioners shall be construed to continue in the direction in which they enter the body of water and intersection with another zoning boundary or with the limits of jurisdiction of the Board of County Commissioners.

7.

Boundaries parallel. Boundaries shown as parallel to or extensions of features indicated in (1) through (6) above shall be construed to be parallel to or extensions of such features.

8.

Measurement of district boundaries. Distances not specifically shown on the official zoning atlas shall be determined by the scale of the map showing the property in question.

4.1.3.3. Cases not covered by section 4.1.3.2. In cases not covered by section 4.1.3.2 above, the Land Development Regulation Administrator shall interpret the official zoning atlas in accord with the intent and purpose of these land development regulations. Appeal from the interpretation of the Land Development Regulation Administrator shall be only to the Board of Adjustment in conformity with article 12 of these land development regulations.

4.1.4. Schedule of district regulations. The restrictions and controls intended to regulate development in each zoning district are set forth in the schedule of district regulations within this article and are supplemented by section 4.2, Supplementary district regulations and section 2.3, Nonconformities.

4.1.5. Application of district regulations. The regulations, set by these land development regulations, within each district shall be minimum or maximum limitations, as appropriate to the use, and shall apply uniformly to each class or kind of structure, use, land, or water. Except as hereinafter provided:

4.1.5.1. Zoning affects use or occupancy. No structure, land, or water shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered, except in conformity with the regulations specified in these land development regulations for the district in which it is located.

4.1.5.2. Zoning affects height of structures, population density, lot coverage, yards, and open spaces. No structure shall hereafter be erected or altered:

1.

To exceed height, bulk, or floor area;

2.

To provide a greater number of dwelling units per acre;

3.

To provide less lot area per dwelling unit or to occupy a smaller lot; or

4.

To occupy a greater percentage of lot area; or to provide narrower or smaller yards, courts, or open spaces; or lesser separation between buildings or structures or portions of buildings or structures, than herein required; or in any other manner contrary to the provisions of these land development regulations.

4.1.5.3. Multiple use of required space prohibited. No part of a required yard or other required open space, or off-street parking or off-street loading space, provided in connection with one structure or use shall be included as meeting the requirements for any other structure or use, except where specific provision is made in these land development regulations.

4.1.5.4. Reduction of lot area prohibited. No lot or yard existing at the effective date of these land development regulations shall thereafter be reduced in dimension or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner such as dedication, condemnation or purchase. Lots or yards created after the effective date of these land development regulations shall meet at least the minimum requirements established by these land development regulations.

4.1.6. Definitions of groupings of various districts.

Where the phrases "all conservation districts," "conservation districts," "zoned conservation," "conservation zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following district:

Where the phrases "environmentally sensitive area districts," "zoned environmentally sensitive," "environmentally sensitive zone," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "all agricultural districts," "agricultural districts," "zoned agriculturally," "agricultural zone," "agriculturally zoned," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "one-family residential districts," "one-family residential district," "zoned for one-family residential purposes," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "all residential districts," "residential district," "zoned residentially," "residentially zoned," "zoned for residential purposes" or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "commercial districts," "zoned commercially," "commercially zoned," "commercial zoning," or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoned," or phraseology of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

Where the phrases "planned residential development" and "planned rural residential development," "zoned for planned residential development" and "zoned for planned rural residential development" or phrases of similar intent are used in these land development regulations, the phrases shall be construed to include the following districts:

4.2.1. Scope. Provisions set forth in this section apply to all areas subject to these land development regulations, and all zoning districts therein, unless exceptions are specifically provided relating to one or more zoning districts, or except as otherwise provided in these land development regulations.

4.2.2. Accessibility for the physically disabled or handicapped. The public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be accessible to the physically disabled and handicapped.

4.2.2.1. Application. The requirements of section 4.2 shall apply to all levels and areas of buildings and uses, and to all types of uses, with the exceptions that one-family and two-family (duplex) dwellings are exempted from these requirements.

4.2.2.2. Requirements for access to buildings and uses.

1.

Accessibility to buildings and uses shall be provided from rights-of-way and parking areas by means of a pathway leading to at least one entrance generally used by the public. Such pathway shall have been cleared of all obstructions related to construction activity, prior to the opening of the building to the general public. Where curbs exist along such pathway, as between a parking lot surface and a sidewalk surface, inclined curb approaches or curb cuts having a gradient of not more than one foot in 12 feet and a width of not less than four feet shall be provided for access by wheelchairs.

2.

Except as otherwise specified herein, required off-street parking areas shall have off-street parking space reserved for the physically handicapped. (See section 4.2.17.5, "Off-street parking: handicapped parking spaces," for the number, dimensions, and other requirements for handicapped parking spaces.)

4.2.3. Access control. In order to provide ease and convenience in ingress and egress to private property, but more importantly to provide the maximum safety with the least interference to the traffic flow on public streets, the number and location of curb breaks shall be regulated relative to the intensity or size of the property served and the amount of frontage which that property has on a given street. Further, for roadways which are part of the State of Florida highway system the number and location of curb breaks shall be in conformance with chapters 14-96 and 14-97, rules of the Florida Department of Transportation, and the department's access management manual.

4.2.3.1. Number and location of curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number and location of curb breaks shall be regulated as follows:

1.

One curb break shall be permitted for ingress and egress purposes to a single property or development; provided, however, that more than one curb break may be permitted in accordance with paragraphs (2), (3) and (4) below.

2.

Two curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between the two curb breaks equals or exceeds 20 feet.

3.

Three curb breaks entering on a particular street from a single property or development may be permitted if all other requirements of this section are met and if the minimum distance between adjacent curb breaks equals or exceeds 100 feet.

4.

More than three curb breaks entering on a particular street may be permitted from a single property or development where the minimum distance between adjacent curb breaks equals or exceeds 1,000 feet.

4.2.3.2. Width of curb break.

1.

The width of a curb break shall be within the minimum and maximum limits as specified below:

2.

All curb break widths shall be measured at the street right-of-way line.

3.

In no case shall a curb break width be less than 12 feet.

4.2.3.3. Areas of limited street improvements.

1.

No curb break shall be constructed in the radius return (curved arc between intersecting street pavements) of an intersection.

2.

No curb break shall be constructed nearer than ten feet from the intersection of street right-of-way lines.

3.

No curb break shall be constructed nearer than five feet from any interior property line.

4.

To prevent vehicle overhang on private property in the vicinity of curb breaks, off-street parking areas, and off-street loading areas, a six-inch raised curb and/or parking stops shall be constructed a minimum distance of three feet inside the street right-of-way line or property line.

5.

No curb break shall be permitted to include any public facility such as traffic signal standards, catchbasins, fire hydrants, utility poles, fire alarm supports, or other similar type structures.

4.2.3.4. Curb break permit. No curb break shall be established or altered without a permit issued by the Land Development Regulation Administrator.

4.2.4. Accessory uses and structures. In residential districts, unless otherwise provided in these land development regulations, in all districts accessory structures and uses shall not be constructed or established on any lot prior to the issuance of a building permit for the principal structure; accessory uses and structures shall not be located in required front, side, or waterfront yards but may be located in rear yards not less than ten feet from the rear lot line; provided, however,

1.

That accessory structures for the housing of persons, such as guest houses, shall not be located in any required yard, nor shall air conditioner compressor units be located in any required yard; and

2.

Structures used for water related activities such as boat docks, boat houses, and similar uses may be located anywhere in a required waterfront yard.

No separate accessory building shall be located within five feet of any building.

4.2.5. Alcoholic beverages. Indications in the schedule of district regulations that the sale of alcoholic beverages is permitted in any zoning district shall not in any way be deemed to limit, qualify, or repeal any other local regulations or regulations of the State of Florida relating to the licensing, dispensing, or sale of such beverages or the location of alcoholic beverage establishments.

4.2.6. Automotive service and self-service stations. The following regulations shall apply to the location, design, construction, operation, and maintenance of automotive service and self-service stations (with the exception that for automobile self-service stations where self-service gasoline pumps [are operated] in conjunction with retail and commercial outlets for [the] sale of food, hardware and drugs, there shall be no outside sales of oil, grease, parts or accessories for automobiles and no service except for self-service water, air or carwash).

4.2.6.1. Lot dimensions and area. An automotive service station lot shall be of adequate width and depth to meet all setback requirements, but in no case shall a corner lot have less than 150 feet of frontage on each street side, and an interior lot shall have a minimum width of at least 150 feet. A corner lot shall have a minimum area of not less than 20,000 square feet and an interior lot a minimum area of not less than 15,000 square feet.

4.2.6.2. Lighting. All lights and lighting for an automotive service station shall be so designed and arranged that no source of light shall be visible from any residential district.

4.2.6.3. Location of pumps and structures. No main or accessory building, no sign of any type, and no gasoline pump shall be located within 25 feet of the lot line of any property that is zoned for residential purposes. No gasoline pump shall be located within 15 feet of any street right-of-way line; where a greater street setback line has been established, no gasoline pump shall be located within 15 feet of such setback line.

4.2.6.4. Curb breaks. A curb break is a driveway or any other point of access or opening for vehicles onto a public street. The number of curb breaks for each automotive service station shall not exceed two for each 150 feet of street frontage, each break having a width of no more than 30 feet exclusive of transitions and located not closer than 15 feet of right-of-way lines of any intersection. Curb breaks shall not be closer than 15 feet to any other property line. There shall be a minimum distance of 20 feet between curb breaks.

4.2.6.5. Trash storage. Adequate, enclosed trash storage facilities shall be provided on the site.

4.2.7. Drive-in theaters. The following regulations apply to the construction and operation of drive-in theaters:

1.

The screen must be so oriented that the picture is not visible from any existing or proposed major street.

2.

Not more than two exits shall be provided to each access highway but such exits may be suitably channelized to provide for right and left turns onto the highway, and not more than one traffic lane shall be permitted for each traffic lane on the highway available to vehicles leaving the theater.

3.

No entrance or exit shall be within 500 feet of the intersection of the right-of-way lines of any public street.

4.

Sufficient area shall be provided between the highway and the viewing area to provide storage space for vehicles equal to not less than 25 percent of theater capacity and of that storage space so provided not less than ten percent of the theater capacity shall be provided between the highway and the ticket booths. In all cases, sufficient storage space shall be provided so that vehicles will not back onto the traveled way of the highway. Storage area shall be calculated on the basis of one space per 25 lineal feet of storage lane.

5.

An individual speaker shall be provided for each vehicle. All speakers shall be equipped with sufficient cord to permit the speaker to be placed inside the vehicle. Speakers must not be audible beyond the boundaries of the theater property lines.

4.2.8. Erection of more than one principal structure on a platted lot. Whenever any land is subdivided, a building permit for the construction of a building or other principal structure (excluding commercial buildings under common ownership or unified control) shall not be issued for any such structure on less than a lot as platted within such subdivided land. This restriction shall not apply to portions of lots in individual ownership prior to the date of adoption or amendment of these land development regulations. Although, such portions shall be required to meet the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of these land development regulations.

4.2.9. Future land use plan amendment for public buildings and facilities. Public buildings and facilities (except public schools), which do not meet the definition of "essential services" as stated in article 14 of these land development regulations, shall require an amendment to the future land use plan map of the county's comprehensive plan to "public land use," prior to approval as a special exception.

4.2.10. Exclusions from height limitations. The height limitations contained in the schedule of district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, elevator shaft enclosures, airport control towers, observation towers or other appurtenances usually required to be placed above the roof level and, excepting airport control towers and observation towers, not intended for human occupancy; however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport zoning regulations within the flight-approach zone of airports.

4.2.11. Fallout shelters. Fallout shelters are permitted in all zoning districts. Individual structures in residential districts shall be considered as accessory structures.

4.2.12. Fences, walls, and hedges. Notwithstanding other provisions of these land development regulations, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard; provided that no solid fence, solid wall, or hedge located within the required front yard shall constitute an obstruction to visibility between 2½ and six feet above the centerline grade of the adjacent street.

4.2.13. Landscaped buffer areas. The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between or among different uses of land in proximity to each other.

4.2.13.1. Requirements. Where these land development regulations require a landscaped buffer area, the following requirements shall be met:

1.

The landscaped buffer area width shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.

2.

The area shall be so designed, planted, and maintained as to be 80 percent or more opaque between two and six feet above average ground level when viewed horizontally; provided, however, that plantings located in the required front yard shall not exceed 2½ feet in height.

3.

Types and numbers of plantings for landscaped buffers shall be submitted with application for building permit. No building permit shall be issued without such data, where these land development regulations require a landscaped buffer area or areas.

4.

Plantings shall be of a size and type which will insure the meeting of the 80 percent opacity requirement within no longer than 30 months of the date of first planting. Where questions may arise as to the suitability of proposed plant materials to meet this requirement, final determination of suitability shall be made by the Land Development Regulation Administrator.

5.

The remainder of the required landscaped buffer area not covered by planting shall be landscaped with grass, ground cover, or other landscape treatment; except as otherwise provided herein, structures including buildings and off-street parking and loading areas shall not be located in any required landscaped buffer area.

6.

The landscaped buffer area shall be maintained by the property owner and successors and continued so long as the main use continues. Failure to maintain the landscaped buffer area as set out above shall be a violation of these land development regulations.

4.2.13.2. Substitution for landscaped buffer area. Except when otherwise specifically provided by these land development regulations, a six-foot-high masonry or wood opaque structure may be substituted for the six-foot-high, planted buffer within these supplementary regulations; provided, however, that where the masonry or wood opaque structure is located in the required front yard, it shall not exceed 2½ feet in height.

4.2.13.3. Waiver by Land Development Regulation Administrator. When the Land Development Regulation Administrator finds that the public safety requires, he or she may waive or modify the buffer requirements set out in section 4.2 at street and alley frontages adjacent to any entrance; the finding of the Land Development Regulation Administrator shall be in writing and shall be filed with the approved building permit. The finding shall demonstrate that the buffer is not required for a certain number of feet back from the street or alley entrance in order to afford protection to pedestrian or vehicular traffic entering or leaving the lot on which the landscaped buffer area is required by these land development regulations.

4.2.13.4. Waiver by Board of Adjustment. Where by the terms of these land development regulations a nonresidential use is required to provide a landscaped buffer along a property line which is contiguous to another nonresidential use, the Board of Adjustment may waive the landscaped buffer requirements if evidence is presented to the board that the buffer will serve no useful purpose. Such evidence shall be heard in the same manner as a request for other variances, and adjoining property owners must be notified in writing of the Board of Adjustment meeting when the request will be heard.

4.2.13.5. Application where these land development regulations set out different requirements. In those instances where these land development regulations set out a different buffering requirement (e.g., greater height of landscaped buffer, or a different type of buffer), then the specific provisions of these land development regulations applicable to the particular type of use shall govern.

4.2.14. Minimum living area. Minimum living area requirements are specified in article 9 of these land development regulations.

4.2.15. Mobile home—Replacement of existing mobile homes. For the purposes of these land development regulations, the phrase "existing mobile homes" shall mean mobile homes which existed as of the effective date of adoption or amendment of these land development regulations. In those districts which do not permit the erection of new mobile homes but do permit existing mobile homes as a principal use, such existing mobile homes may be removed and replaced by another mobile home, provided:

1.

That a period of not greater than six consecutive months elapses between the removal of one mobile home and the erection of another mobile home; and

2.

Where a mobile home is removed and is not replaced for a period greater than six consecutive months for any reason (except where governmental action impedes access to the premises), such mobile home shall not be replaced and any subsequent use shall conform to the regulations for the district in which the use is located.

4.2.16. Moving of buildings and structures. No building or structure shall be moved from one lot to another lot, or moved to another location on the same lot, unless such building or structure shall thereafter conform to all of the applicable provisions of these land development regulations and to all other regulations and ordinances of the county.

4.2.17. Off-street parking and loading. It is the intent of these land development regulations that the public interest, welfare, and safety requires that buildings and uses erected after the effective date of these land development regulations shall be provided with adequate off-street parking facilities (including, in certain specified cases, off-street parking facilities for the handicapped) for the use of occupants, employees, visitors, customers, or patrons. It is also the intent of these land development regulations that the public interest, welfare, and safety require that certain uses provide adequate off-street loading facilities. Such off-street parking and off-street loading facilities shall be maintained and continued so long as the main use continues. (For definitions of "loading space, off-street," "parking space, handicapped," and "parking space, off-street," see definitions, section 2.1)

4.2.17.1. Off-street parking and off-street loading: general.

1.

Off-street parking and loading facilities shall be provided as set out in these land development regulations. Conforming buildings and uses existing as of the effective date of these land development regulations may be modernized, altered, or repaired without providing additional off-street parking or off-street loading facilities, providing there is no increase in floor area or capacity.

2.

Where a conforming building or use existed as of the effective date of these land development regulations and such building or use is enlarged in floor area, volume, capacity, or space occupied, off-street parking and off-street loading as specified in these land development regulations shall be provided for the additional floor area, volume, capacity, or space so created or used.

3.

Change in use of a building or use existing as of the effective date of these land development regulations shall require additional off-street parking and/or off-street loading facilities to the extent that the use shall provide additional parking spaces and/or off-street loading facilities amounting to the difference between the required number of parking spaces and/or off-street loading facilities for the new use and the required number of parking spaces for the previous use.

4.

The design, construction, and arrangement regulations herein set out for off-street parking and off-street loading facilities do not apply to one- and two-family (duplex) dwellings.

5.

Required off-street parking areas shall not be used for sales or display, dead storage, repair, dismantling, or servicing of any type or kind, nor shall areas devoted to such activities count as meeting off-street parking requirements.

6.

Unless otherwise specified and subject to meeting required landscaped buffer requirements, all required yards may be used for off-street parking.

4.2.17.2. Off-street parking and off-street loading facilities: Identification, surfacing drainage, lighting, access. The required off-street parking and off-street loading, loading facilities shall be:

1.

Identified as to purpose and location when not clearly evident.

2.

Surfaced with one inch of Type II asphaltic concrete surface course or the equivalent as approved as meeting standards established by the Board of County Commissioners and maintained in a smooth, well drained condition (driveways, access aisles, and parking spaces for churches may be surfaced with grass or lawn).

a.

Constructed with six-inch thick limerock base, (or equivalent) one-inch thick type SP 9.5 asphaltic concrete surface (or equivalent) with proper drainage on all sites where the projected vehicle traffic to the site exceeds 200 vehicles trips per day as determined using the Institute of Transportation Engineers (ITE) manual or historic data from similar facilities.

b.

Sites where the projected vehicle traffic to the site exceeds 200 vehicles trips per day as determined using the ITE manual or historic data from similar facilities and which are used for racetracks, festivals, concerts, fairs, exhibitions, flea markets or other special or similar events, shall be permitted by variance and shall comply with the requirements of Florida Law.

c.

Sites with projected vehicle trips less than 200 shall comply with the requirements of Florida Law.

3.

Drained so as not to cause any nuisance on adjacent property.

4.

So lighted as to prevent glare or excessive light on adjacent property.

5.

Arranged for convenient access and safety of pedestrians and vehicles.

6.

Designed to conform to curb break requirements (see section 4.2.3).

7.

So arranged that no vehicle shall be required to back from such facilities directly onto public streets.

8.

Designed to provide curbs or motor vehicle stops or similar devices so as to prevent vehicles from overhanging on or into public right-of-way or adjacent property.

9.

Required off-street parking areas for three or more automobiles shall be designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on a public street or walk, and so that an automobile may be parked and un-parked without moving another.

4.2.17.3. Off-street parking: location. The required off-street parking facilities shall be located on the same lot or parcel of land they are intended to serve, provided, however, that the Board of Adjustment may allow the establishment of such off-street parking facilities within 300 feet of the premises they are intended to serve when (1) practical difficulties prevent the placing of the facilities on the same lot as the premises they are designed to serve; (2) the owner of the said parking area shall enter into a written agreement with the Board of County Commissioners with enforcement running to the Board of County Commissioners providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required; and (3) the owner agrees to bear the expense of recording the agreement and agrees that the agreement shall be voided by the Board of County Commissioners if other off-street facilities are provided in accord with these land development regulations.

4.2.17.4. Offstreet parking: dimensional standards. Each offstreet parking space, with the exception of handicapped parking spaces, shall be a minimum of nine (9) feet by eighteen (18) feet in size. Minimum aisle width shall be as follows:

For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet. However, off-street parking requirements will be considered to be met only where actual spaces meeting the requirements above are provided and maintained, improved in the manner required by these land development regulations, and in accordance with all ordinances and regulations of the Board of County Commissioners.

4.2.17.5. Offstreet parking: handicapped parking spaces. Except as otherwise specified herein, required offstreet parking areas shall have a number of parking spaces meeting Americans with Disabilities Act requirements, as set forth in the following table, identified by above grade signs as being reserved for physically handicapped persons. Each parking space so reserved shall be not less than twelve (12) feet in width and eighteen (18) feet in length, plus a five (5) foot access aisle.

PARKING SPACES FOR HANDICAPPED

Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways, and entrances. These parking spaces should be located so that physically handicapped persons are not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways, and elevators. (See section 4.2.2 for additional provisions regarding accessibility for physically handicapped persons.)

4.2.17.6. Off-street parking: plans required. A plan shall be submitted with every application for a building permit for any building or use that is required to provide off-street parking. The plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the uses or structures such facilities are designed to serve.

4.2.17.7. Off-street parking: combined off-street parking. Two or more owners or operators of buildings or uses requiring off-street parking facilities may make collective provision for such facilities, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements computed separately. Any arrangement for combined off-street parking shall be subject to the filing of a deed restriction satisfactory to the attorney for the Board of County Commissioners insuring that such off-street parking will be maintained in the future so long as a use or uses requiring such off-street parking continue.

No part of an off-street parking area required for any building or use shall be included as a part of an off-street parking area similarly required for another building or use unless the Board of Adjustment shall find that the type of use indicates that the period of usage will not overlap or be concurrent with each other.

4.2.17.8. Off-street parking: fractional measurements. When units or measurements determining number of required off-street parking spaces result in requirement of a fractional space, then such fraction equal or greater than one-half shall require a full off-street parking space.

4.2.17.9. Off-street parking: minimum requirement. Irrespective of any other requirement of these land development regulations, each and every separate individual store, office, or other business shall be provided with at least one off-street parking space, unless specific provision to the contrary is made herein.

4.2.17.10. Off-street parking: landscaping requirements. Wherever in any zoning district off-street parking facilities are provided, such off-street parking facilities shall conform to the minimum landscaping requirements set forth in this section, except that one-family and two-family (duplex) residential dwellings and multilevel parking structures shall be exempt from such requirements.

1.

Except as otherwise noted herein, a minimum of ten percent of any off-street parking area shall be landscaped with grass, plants, shrubs, and/or trees. Required landscaping may, in part, be located around the periphery of the off-street parking area; however, where possible a portion of the required landscaping shall also be located within the interior of the off-street parking area and shall be located in such a manner as to divide and break up the expanse of paving and guide traffic flow and direction.

2.

Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least three feet, and shall include at least one tree, with the remaining area adequately landscaped with shrubs, ground cover, or other landscaping material.

3.

The total number of trees shall not be less than one for each 200 square feet or fraction thereof of required landscaping. Trees shall be a minimum of four feet overall height immediately after planting. Trees shall not be planted closer than six feet to any public street or other public works, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be five feet square and five feet deep, and for which the construction requirements shall be four-inch-thick concrete reinforced with #6 road mesh (six by six by six) or equivalent.

4.

Failure to maintain required landscaped area shall be a violation of these land development regulations.

5.

See also section 4.2.3 [4.2.26], Visibility at intersections and curb breaks.

4.2.17.11. Off-street loading: specifications, amounts. Off-street loading facilities are required by these land development regulations so that vehicles engaged in unloading will not encroach on or interfere with public use of streets and alleys. Off-street loading facilities supplied to meet the needs of one use may not be considered as meeting the needs of another use. Off-street parking facilities may not be used or counted as meeting off-street loading requirements.

When the use of a structure or land or any part thereof is changed to a use requiring off-street loading facilities, the full amount of off-street loading space required shall be supplied and maintained. When any structure is enlarged or any use extended so that the size of the resulting occupancy requires off-street loading space, the full amount of such space shall be supplied and maintained for the structure or use in its enlarged or extended size.

Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space. Such loading space shall be arranged for convenient and safe ingress and egress by motor truck and/or trailer combination.

4.2.17.12. Off-street loading: dimensional standards. Each off-street loading space shall have clear horizontal dimensions of 12 feet by 30 feet exclusive of platforms and piers and a clear vertical dimension of 14 feet.

4.2.17.13. Off-street loading: plans required. A plan shall be submitted with every application for a building permit for any use or structure required to provide off-street loading facilities. The plan shall accurately designate the required off-street loading spaces, access thereto, dimensions, and clearance.

4.2.17.14. Off-street loading: combined off-street loading. Collective, joint, or combined provisions for off-street loading facilities for two or more buildings or uses may be made, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are designed, located, and arranged to be usable thereby.

Any arrangement for combined off-street loading shall be subject to the filing of a deed restriction satisfactory to the attorney for the Board of County Commissioners insuring that such off-street loading will be maintained in the future so long as a use or uses requiring such off-street loading continue.

4.2.17.15. Off-street loading requirements. Off-street loading spaces shall be provided and maintained as follows:

1.

Each retail commercial store, service establishment, storage warehouse, wholesale establishment, research or industrial plant, factory, freight terminal, restaurant, dry cleaning and laundry package plant, funeral home, or similar use which has an aggregate floor area of:

2.

For each multiple dwelling unit having at least 20 dwelling units but not over 50 dwelling units: two spaces. For each multiple dwelling unit having over 50 dwelling units: two spaces, plus two spaces for each additional 50 dwelling units, or major fraction thereof.

3.

For each auditorium, convention hall, exhibition hall, museum, motel, hotel, bank or financial institution, office building, sports arena, stadium, hospital, or similar use which has an aggregate floor area of: Over 10,000 square feet but not over 40,000 square feet: one space; plus for each additional 60,000 square feet over 40,000 square feet or major fraction thereof: one space.

4.

For any use not specifically mentioned, the requirements for off-street loading facilities for a use which is so mentioned and to which the unmentioned use is similar shall apply.

4.2.18. Parking, storage, or use of major recreational equipment. Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a lot in a residential district, or in any other location not approved for such use. In residential districts, major recreational equipment may be parked or stored in a rear or side yard, but not in a required front yard; provided however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading and unloading.

4.2.19. Parking and storage of certain vehicles. In residential districts, automotive vehicles or trailers of any type without current license plates shall not be parked or stored other than in completely enclosed buildings.

4.2.20. Performance standards. All uses and activities permitted in any district within these land development regulations shall conform to the standards of performance described below:

4.2.20.1. Fire and explosion hazards. In any zoning district, all uses shall comply with applicable standards set forth in the rules and regulations of the state fire marshal.

4.2.20.2. Smoke, dust, dirt, visible emissions, and open burning. Regulations controlling smoke, dust, dirt, or visible emissions shall be the same as those contained in chapter 17-2, Florida Administrative Code, as amended. Regulations controlling open burning shall be the same as those contained in chapter 17-5, Florida Administrative Code, as amended.

4.2.20.3. Fumes, vapors, and gases. Regulations controlling the emission of any fumes, vapors, or gases of a noxious, toxic, or corrosive nature shall be the same as those contained in chapter 17-2, Florida Administrative Code, as amended.

4.2.20.4. Heat, cold, dampness, or movement of air. Activities which may produce any adverse effect on the temperature, motion, or humidity of the atmosphere beyond the lot line shall not be permitted, with the exception that, in the I industrial district, this standard shall be applied at the boundaries of the I district and not at the lot lines of the individual properties located within the I district.

4.2.20.5 Noise. Regulations controlling the permitted level of noise or sound emission at the property line of the lot on which the principal use is located shall be the same as those contained in Chapter 42, Article III of the Bradford County Code, as amended.

4.2.20.6. Odor. Regulations controlling the emission of objectional odorous gases or other odorous matter, except those associated with normal agricultural practices, shall be the same as those contained in chapter 17-2, Florida Administrative Code, as amended.

4.2.20.7. Glare. There shall be no direct glare visible from any residential district caused by unshielded floodlights or other sources of high intensity lighting.

4.2.21. Railroad right-of-way. Existing railroad right-of-way, but not including switching, freight, or storage yards and railroad buildings or maintenance structures, is a permitted use in all zone districts. Switching, freight, or storage yards and railroad buildings or maintenance structures are permitted only where expressly allowed by these land development regulations.

4.2.22. Signs. The provisions of these land development regulations shall govern the sizes, location, and character of signs which may be permitted as a principal or accessory use. No signs shall be permitted in any location except in conformity with these land development regulations.

4.2.22.1. Intent. Signs may unreasonably distract the attention of motorists and interfere with traffic safety. Indiscriminate erection and maintenance of signs seriously detract from the enjoyment and pleasure in the natural scenic beauty of the areas subject to these land development regulations and, in turn, injuriously affect the economic well-being of the citizenry. Thus, it is the intent of these regulations to prevent the uncontrolled erection of signs. The provisions of this section are intended to provide for the regulation of types, sizes, and locations of signs in relation to the identification of various uses and activities on premises, to provide for certain types and locations of off-site signs, and to supplement the regulations set out in the schedule of district regulations.

4.2.22.2. Applicability of other code or regulatory requirements. Signs or other advertising structures shall be constructed and maintained in accordance with the building and electrical codes of the county, and all other applicable ordinances and regulations of the county, as well as other state and federal rules and regulations.

4.2.22.3. Definitions. Definitions for the purposes of sign regulation under these land development regulations are set out in the definitions section of these land development regulations under "Sign," etc., section 2.1.

4.2.22.4. Prohibited signs. It shall be a violation of these land development regulations, punishable as provided by these land development regulations, to erect or maintain:

1.

Traffic or pedestrian hazard. Any sign which constitutes a traffic hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or by obstructing the vision of drivers, or by obstructing or detracting from the visibility of any official traffic control device by diverting or tending to divert the attention of moving vehicles from the traffic movement on streets, roads, or access facilities; nor shall any sign be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing or revolving red, green, blue, or amber lights is prohibited in any sign as constituting a hazard to traffic. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. No sign may use the words "Stop," "Look," "Drive-in," "Danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

2.

Obscenities. Signs which are obscene, indecent, or immoral.

3.

Rights-of-way. Signs erected on the right-of-way of any street, road, or public way, except as specifically provided by these land development regulations.

4.

Public property. Signs erected on public property, other than signs erected by a public authority for public purposes, unless otherwise authorized by these land development regulations.

5.

Ingress or egress to buildings. Signs so located as to prevent free ingress or egress from any door, window, or fire escape.

6.

Yard areas. Signs in required yard areas except as specifically permitted by the terms of these land development regulations.

7.

Roof signs. Signs erected, constructed, and maintained wholly upon or over the roof structure.

8.

Height. Signs which are higher than 18 feet from established grade.

9.

Glare. Illuminated signs which result in glare or reflection of light on residential property in the surrounding area.

10.

Minimum clearance. Canopy, marquee, projecting, or handing [hanging] signs with less than a nine-foot minimum clearance between the bottom of the sign and the ground surface.

4.2.22.5. Sign permits. Within areas subject to these land development regulations, it shall be unlawful for any person to erect, maintain, or replace any sign not specifically exempted by these land development regulations, without first securing from the Land Development Regulation Administrator a building permit to do so.

4.2.22.6. Exemptions. Except as otherwise provided, the following signs may be erected without a permit, subject, however, to all remaining requirements of these land development regulations. All exempt signs may be located within the required front yard, but shall not be located within 20 feet of any adjacent property line (except as provided in (3) below).

1.

Signs not exceeding one square foot in area and bearing only property numbers, mailbox numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

2.

Flags and insignia of any government except when displayed in connection with commercial promotion.

3.

Traffic or other municipal, county, state, or federal signs, legal notices, railroad crossing signs, danger signs, and such temporary, emergency, or nonadvertising signs. Such signs may be located in or may overhang or infringe upon the right-of-way of streets, roads, or public ways.

4.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.

5.

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

6.

Signs within buildings.

7.

One "For Sale" or "For Rent" sign per parcel of property, unless such property fronts on more than one street, in which case two signs may be erected, one on each frontage. The size of any such sign shall not be in excess of eight square feet, and such sign shall be removed within one month after the premises have been sold or rented.

8.

Occupational signs denoting only the name, street number, and business of an occupant, which do not exceed two square feet in surface area.

9.

Political campaign signs.

a.

Political campaign signs on behalf of candidates for public office or measures on election ballots may be erected in any zoning district provided that said signs are subject to the laws of the state and the regulations set forth herein.

b.

Said signs may be erected not earlier than 60 days prior to said election and shall be removed within 14 days after the candidate's: (1) Withdrawal of candidacy; (2) Having been eliminated as a candidate; or (3) Being elected to office.

c.

On a corner lot in any zoning district, no political or campaign sign which obstructs vision between two and one-half feet and ten feet above street level may be erected within 30 feet of the intersection of two adjacent curblines.

d.

Candidates for municipal offices shall be exempt from the provisions of this local ordinance.

e.

It shall be the responsibility of the applicant to obtain the permission of each property owner on whose property any such sign is placed.

f.

No more than three political signs may be placed or carried within 100 feet of the main entrance of any polling location.

4.2.22.7. On-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern on-site signs (see section 2.1 for definition of on-site signs):

1.

On-site signs may be erected in any zone district.

2.

On-site signs may be located in the required front yard; provided, however, that any such sign shall not obstruct visibility at intersections and curb breaks (see section 4.2.26).

3.

On-site signs shall not exceed a height above established grade of 18 feet.

4.2.22.8. Off-site signs. Unless otherwise specified in these land development regulations, the following regulations shall govern off-site signs (see section 2.1 for definition of off-site signs):

1.

Off-site signs are prohibited, except where specifically permitted by these land development regulations.

2.

Off-site signs may be erected in the required front yard, provided:

a.

Off-site signs shall be no nearer the street right-of-way line than 15 feet.

b.

No off-site sign shall be erected so as to obstruct visibility at intersections and curb breaks (see section 4.2.26).

3.

Off-site signs may not be erected within 100 feet of any church, school, cemetery, public park, public reservation, public playground, state or national forest, or railroad intersection.

4.

Off-site signs shall not exceed a height above established grade of 18 feet.

4.2.23. Transitional use area requirements. It is the intent of these requirements to ease the frictions between residential and nonresidential uses by creating a transition area in which certain intensive nonresidential uses are prohibited.

Where a commercial or industrial district adjoins a residential district, along the same frontage and without an intervening street, the following uses shall not be located within 100 feet of the residential district:

1.

Drive-in restaurants or refreshment stands.

2.

Bars, taverns, and cocktail lounges.

3.

Carwashes.

4.

Outdoor storage yards, wrecking yards, automobile wrecking yards, junkyards, [or] yards used in whole or in part for scrap or salvage operations, or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

5.

Bulk storage of flammable liquids or explosives.

4.2.24. Travel trailer parks and campgrounds. The following regulations apply to the construction and operation of travel trailer parks and campgrounds.

1.

Sites in travel trailer parks and campgrounds shall be occupied primarily by travel trailers, pickup coaches, tents, camping trailers, and other vehicular accommodations.

2.

Each site in a travel trailer park or campground shall be at least 1,200 square feet in area. No part of a travel trailer or other unit placed on a travel trailer or campground site shall be closer than 25 feet to any lot line.

4.2.25. Use of land in a residential district for access. No land in a residential or residential/office district shall be used for driveway, walkway, or access purposes to any land which is in a commercial or industrial district, or used for any purpose not permitted in a residential district except for ingress and egress to an existing use which does not abut on a street.

4.2.26. Visibility at intersections and curb breaks.

4.2.26.1. Visibility at intersections. On a corner lot in all zoning districts, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision between a height of 2½ feet and six feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of such intersection.

4.2.26.2. Visibility at curb breaks. In all zone districts, where a curb break intersects a public right-of-way, no fence, wall, hedge, landscaping, or structure shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct cross-visibility between a height of 2½ and six feet within the areas of property on both sides of the curb break formed by the intersection of each side of the curb break and public right-of-way lines with two sides of each triangle being ten feet in length from the point of intersection and the third being a line connecting the end of the two other sides.

4.2.26.3. Retaining walls. The requirements of this section shall not be deemed to prohibit any necessary retaining wall.

4.2.26.4. Trees. Trees shall be permitted in the clear space provided that foliage is cut away within the prescribed heights.

4.2.27. Waterfront yards—Minimum requirement. No structure shall be located closer than 50 feet to the mean high-water line (see section 4.2.4 for exceptions for certain accessory structures).

4.2.28. Yard encroachments. Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in these land development regulations:

1.

Sills and belt courses may project not over 12 inches into a required yard.

2.

Movable awnings may project not over three feet into a required yard, provided that where the yard is less than five feet in width the projection shall not exceed one-half the width of the yard.

3.

Chimneys, fireplaces, bay windows, or pilasters may project not over two feet into a required yard.

4.

Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five feet into a required rear yard, or not over three feet into a required side yard of a multiple dwelling, hotel, or motel.

5.

Hoods, canopies, roof overhangs, or marquees may project not over three feet into a required yard, but shall not come closer than one foot to the lot line.

6.

Fences, walls, and hedges are permitted in required yards, subject to the provisions of this section.

7.

Cornices, eaves, or gutters may project not over three feet into a required yard, provided that where the required yard is less than six feet in width, such projection shall not exceed one-half of the width of the yard.

8.

Except as provided herein, nothing in these land development regulations shall be so construed as to prohibit any type of landscaping or private, nonprofit, gardening on any lot.

4.2.29. Airport land use restrictions.

1.

Use restrictions. Notwithstanding any other provisions of these land development regulations, no use may be made of land or water adjacent to any airport which will interfere with the operation of an airborne aircraft. The following special requirements shall apply to each permitted use.

a.

All lights or illumination used in conjunction with street, parking, signs, or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in [the] vicinity thereof.

b.

No operations from any land use type shall produce smoke, glare, or other visual hazards within three statute miles of any usable runway of the airport.

c.

No operations from any land use type shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

d.

Use of land for residential uses, schools, hospitals, storage of explosive material, assemblage of large groups of people, or any other use that could produce a significant loss of life or property as a result of an aircraft crash shall be prohibited within 5,000 feet of the approach or departure end of a runway.

e.

No structure exceeding 150 feet in height above the established airport elevation shall be permitted within 5,000 feet of the approach or departure end of a runway.

4.2.30. Special right-of-way requirements.

4.2.30.1. For all new arterial and collector roadways, extra right-of-way, as provided within the Florida Department of Transportation Bicycle Facilities Planning and Design Manual, Official Standards, Revised Edition, 1982, shall be provided for integrated or parallel bicycle ways or lanes.

4.2.30.2. All new structures shall provide a minimum setback of 75 feet as measured from the centerline of the right-of-way for new or realigned collector or arterial roads.

4.2.31. Home occupation requirements.

1.

Only one additional person other than members of the family residing on the premises shall be engaged in such occupation.

2.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and shall under no circumstances change the residential character thereof.

3.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, nonilluminated, mounted flat against the wall of the principal building at a position not more than two feet distance from the main entrance to the residence.

4.

In all zone districts except agricultural districts, no home occupation shall be conducted in an accessory building. In agriculture districts, home occupations may be conducted in an accessory building, provided that the floor area devoted to the home occupation does not exceed 1,000 square feet.

5.

No home occupation shall occupy more than 20 percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached porch or garage which has been converted into living quarters, shall be considered as floor area for the purpose of this definition until two years after the date of completion thereof.

6.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in the required front yard.

7.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

8.

For purposes of illustration, the following uses shall not be considered home occupations: (1) studio for group instruction, (2) dining facility or restaurant, (3) antique or gift shop, (4) photographic studio, (5) outdoor repair, (6) food processing, (7) retail sales, and (8) child care center.

9.

For purposes of illustration, the following uses may be considered home occupations, provided they meet all the requirements listed in subparagraphs 1—8 above and all other provisions of these land development regulations: (1) the giving of individual instruction to one person at a time such as art or music teacher; (2) fabrication of articles such as are commonly classified under the terms "arts" and "handicrafts," providing no retail sales are made in the home; (3) custom dressmaking, seamstress, milliner; (4) tutoring for not more than one student at a time; (5) answering telephone; (6) barber or beauty shop; and (7) professional offices.

10.

A home occupation shall be subject to all applicable occupational licenses and other business taxes.

4.2.32. Special septic tank requirements. Existing septic tanks shall be allowed to remain in service until such time as a centralized sanitary sewer service is accessible, conditioned on the following requirements:

1.

A building permit shall not be issued for construction of a building or facility where sanitary sewage is proposed to be disposed using an on-site sewage disposal system in an area zoned industrial on the county's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, where the county's centralized sanitary sewer system is available within one-fourth mile of the area used or zoned industrial or manufacturing, or where a likelihood exists that the on-site sewage disposal system may receive toxic, hazardous or industrial waste;

2.

An occupational license shall not be issued to the owner or tenant of a building located in an area zoned industrial on the county's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, when such site is served by an on-site sewage disposal system, without first obtaining an annual operating permit from the county health department; and

3.

A certificate of land development regulation compliance shall not be issued to a new owner or tenant of a building located in an area zoned industrial on the county's official zoning atlas, or used for industrial or manufacturing purposes, or its equivalent, or who operates a business which has the potential to generate toxic, hazardous or industrial wastewater, when such site is served by an on-site sewage disposal system, without first obtaining an annual operating permit for an on-site sewage disposal system from the county health department.

4.2.33. Provisions for residential design manufactured housing. Residential design manufactured homes as defined in section 2.1 shall be installed in accordance with the following:

1.

A permanent foundation and anchoring according to chapter 15C-1.10 of the Florida Administrative Code;

2.

Underfloor area of the home shall be permanently enclosed (e.g., masonry block stem wall);

3.

All transportation equipment shall be removed.

4.2.34. Special community residential home requirements. The county shall facilitate the provision of group homes or foster care facilities as licensed or funded by the Florida Department of Health and Rehabilitative Services within residential areas or areas of residential character.

4.2.34.1. The county shall permit group homes with six or fewer residents which otherwise meet the definition of a community residential home to be located within a radius of 1,000 feet of existing homes of six or fewer residents which otherwise meets the definition of a community residential home.

4.2.34.2. The county shall permit the siting of a community residential home, unless the county determines that the site selected meets the following criteria:

1.

The site selected does not meet applicable licensing criteria established and determined by the Florida Department of Health and Rehabilitative Services, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

2.

The site selected would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. (A home that would be located within a radius of 1,200 feet of another existing community residential home shall be considered to be an over-concentration of such homes that substantially alters the nature and character of the area. A home that would be located within a radius of 500 feet of a residential district shall be considered to substantially alter the nature and character of the area.)

4.2.35. Wetland preservation regulations. Where the alternative of clustering all structures on the nonwetland portion of the site exists, the county shall provide for the conservation of wetlands by prohibiting development which alters the natural function of wetlands and regulating mining operations as provided for in section [article] 14 of these land development regulations. Mitigation efforts shall be required for activities which alter the natural function of wetlands in accordance with chapter 17-312, Florida Administrative Code in effect upon the adoption or amendment of this section. Such mitigation efforts shall result in no net loss of wetland functions and all restored or created wetlands shall be of the same ecological type, nature and function.

Where the alternative of clustering all structures on the nonwetland portion of a site does not exist, the county shall allow only minimal residential development activity in those areas defined as wetlands within these land development regulations and such development activity shall conform to the density requirement for the zoning district applicable to the location of the wetland. However, in no case shall residential dwelling unit density be greater than one dwelling unit per five acres. In addition, such development activity shall comply with the following densities and performance standards:

1.

Residences and any support buildings shall be elevated no lower than one foot above the highest recorded flood level in the wetland. If flooding data is not available, residences and any support buildings shall be built at least two feet above the highest seasonal water level.

2.

Clearing or removal of native vegetation shall not exceed one-half acre per five acres. Exotic vegetation may be removed without regard to this limitation provided that, if the area cleared of exotic vegetation exceeds the applicable one-half-acre limitation, it is replanted with native wetland vegetation.

3.

Walking paths and driveways to the residence shall use permeable fill and shall be constructed with a sufficient number and size of culverts to allow the natural flow of water to continue.

For the purposes of these land development regulations, wetlands shall be generally located as shown on illustration A-VI of the county's comprehensive plan, entitled "Wetlands," and more specifically described as defined in section 2.1 of these land development regulations.

4.2.36. Bed and breakfast inn requirements. Bed and breakfast inns shall be approved by special exception as provided within these land development regulations in accordance with the following criteria:

1.

The owner must live on the premises;

2.

Separate toilet and bathing facilities for the exclusive use of guests must be provided;

3.

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be 30 days in a 12-month period;

4.

No cooking facilities shall be allowed in guest rooms;

5.

Bed and breakfast establishments must comply with appropriate health permits, building and fire codes and business licenses as applicable to such use;

6.

Signage, excepting historical markers located by federal, state or county agencies, shall be limited to one sign, not exceeding six square feet in area, with characters not exceeding eight inches, non-illuminated (excepting flood lighting on each side of the sign);

7.

The maximum number of rooms for guests shall be as follows:

8.

In addition to the parking required for the residence, one parking space for each guestroom shall be provided as off-street parking;

9.

No receptions or parties shall be permitted as part of the bed and breakfast inn operation; and

10.

No structure shall be constructed for the sole purpose of being utilized as a bed and breakfast inn; no existing structure shall be enlarged or expanded for the purpose of providing additional rooms for guests. It is intended that a bed and breakfast inn be a converted or renovated single-family residence, and that this principal function be maintained. The exterior appearance of the structure shall not be altered from its single-family character.

4.2.37. Land use regulations for nonconforming wrecking yards.

1.

Nonconforming wrecking yards shall be completely enclosed by an opaque fence or wall not less than six feet high. Where a landscape buffer is currently provided to meet this requirement, such landscape buffer shall be at least 80 percent opaque and shall be of plant material which maintains such opaque quality throughout the year. Nonconforming wrecking yards that do not comply with the fencing requirements have one year from the date of adoption of the fencing requirements of this section to comply. For extreme hardship cases, the County Manager may grant a one-year extension for compliance with the fencing requirements of this section. Such fence, wall or landscape buffer shall be maintained and continued so long as the main use continues. Failure to maintain such fence, wall or landscape buffer shall be a violation of these land development regulations.

2.

If any non-conforming use of structure, or structure and premises in combination, ceases for any reason (except where governmental action impedes access to the premises) for a period of more than two consecutive years, any subsequent use shall conform to the regulations for the district in which the use is located.

4.2.38. Mud bogging requirements. Mud bogging outdoor facilities shall be approved by special exception within the Agricultural zoning district in accordance with the following criteria and regulations:

1.

The mud bogging outdoor facility shall be a minimum of 20 acres;

2.

There shall be at least a 100-foot buffer of undisturbed existing vegetation surrounding the property;

3.

From the mud bogging outdoor facility, there shall be at least a 1,000-foot distance from the nearest residence, school, or house of worship;

4.

From the mud bogging outdoor facility, there shall be a 200-foot distance from jurisdictional wetlands;

5.

Prior to commencement of construction, the applicant shall provide the county an approved permit or exemption letter from the water management district;

6.

If the mud bogging outdoor facility will be accessed from a county graded road, then execution of a road maintenance agreement with the county shall be required;

7.

The roadway access shall be maintained with sediment control;

8.

Driveway permit shall be required;

9.

Solid waste pickup service shall be required;

10.

Fencing shall be provided between the mud bogging area and spectator areas;

11.

Temporary sanitation facilities shall be provided in accordance with health department regulations;

12.

Offsite parking shall be prohibited;

13.

Hours of operation shall be limited to weekends from 9:00 a.m. to 7:00 p.m.;

14.

Temporary directional signage shall only be permitted on the day(s) of the event;

15.

The sale of alcohol shall be prohibited;

16.

Firearms shall be prohibited;

17.

Retail sales are limited to items accessory to mud bogging activities, such as food;

18.

Music bands shall be prohibited; and

19.

Off duty deputies shall be required, including traffic control at opening and closing hours of operation.

When a petition for a mud bogging special exception in the agricultural zoning district is submitted to the county, the petition shall meet both the requirements of section 12.2.1 and include all of the information listed below:

1.

Contact information;

2.

Subject property legal description;

3.

Property owner authorization, if different from the applicant;

4.

Site plan at appropriate scale showing:

a.

Location of the mud bogging areas and setback to property lines;

b.

Location of areas for spectators;

c.

Parking facilities;

d.

Location and type of barrier between mud bogging area and spectator area;

e.

Access point(s) to the facility;

f.

Internal circulation system;

g.

Location and distance of residences, schools and places of worship on adjacent property; and

h.

Plans for sediment control;

5.

Written statement:

a.

Description of activities;

b.

Frequency of event; and

c.

Estimated number of attendees.

(Ord. No. 97-14, § 2, 12-18-97; Ord. No. 98-06, arts. I, II, 6-18-98; Ord. No. 06-09, § 2, 3-16-06; Ord. No. 06-27, § 1, 7-20-06; Ord. No. 09-14, §§ 1—3, 7-16-09; Ord. No. 2011-12, § 3, 6-16-2011; Ord. No. 2011-14, § 1, 5-19-2011; Ord. No. 2016-05, § 1, 7-21-2016)

4.3.1. Districts and intent. The CSV conservation category includes one zone district: CSV. Lands within this district are devoted to the conservation of the unique natural functions. To conserve these lands, no use other than forestry conducted in accordance with the comprehensive plan and nonintensive resource-based recreation activities shall be permitted.

4.3.2. Permitted principal uses and structures.

1.

Nonintensive resource-based recreation activities.

2.

Forestry conducted in accordance with the comprehensive plan.

4.3.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to nonintensive resource-based recreation activities.

2.

Examples of permitted accessory uses and structures include:

a.

Forestry stations and scientific stations for the study of the natural resources within the conservation district.

b.

Residential facilities for caretakers.

c.

Boat docks and boatramps.

4.3.4. Prohibited uses and structures.

1.

Residential uses (except forestry stations or scientific stations for the study of the natural resources within the conservation district and residential facilities for caretakers).

2.

Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible as a special exception.

3.

Medical marijuana dispensing facilities.

4.3.5. Special exceptions. (See also articles 12 and 13.)

1.

Recreational activities, such as campsites and similar uses.

4.3.6. Minimum lot requirements. None, except to meet other requirements as set out herein.

4.3.7. Minimum yard requirements. (See section 4.2 for right-of-way setback requirements)

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

4.3.8. [Maximum height.] Maximum height of structures shall [not] exceed: 35 feet. (See section 4.2 for exclusions from height limitation.)

4.3.9. Minimum lot coverage. None.

4.3.10. Minimum landscaped buffering requirements. None.

4.3.11. Minimum off-street parking requirements. None.

(Ord. No. 2013-11, § 1, 12-19-2013; Ord. No. 2018-01, § 1, 4-19-2018)

4.4.1. Districts and intent. The ESA environmentally sensitive area category includes two zone districts: ESA-1 and 2. Lands in these districts are considered in need of special planning and treatment regarding land development regulation. These are not preservation districts, but land uses permitted within these districts are to provide mitigating measures to protect the natural functions of the county's environmentally sensitive areas as designated within the comprehensive plan, with a special emphasis on the planning and treatment of land development within the 100-year floodplain of the Santa Fe River. These regulations prohibit intensive residential, recreational and agricultural uses and prohibit industrial and non-water-dependent commercial development within the 100-year floodplain of the areas designated as environmentally sensitive areas.

4.4.2. Permitted principal uses and structures.

1.

Nonintensive agricultural (see definition of intensive agriculture in section 2.1) and forestry operations conducted in accordance with the comprehensive plan.

2.

Single-family dwellings.

3.

Mobile homes.

4.

Homes of six or fewer residents which otherwise meet the definition of a "community residential facility" (see section 4.2).

5.

Public resource-based recreation facilities.

4.4.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures;

b.

Are located on the same lot as the permitted or permissible principal use or structure, or on a contiguous lot in the same ownership; and

c.

Do not involve operations or structures not in keeping with the intent of these land development districts.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Docks, ramps, piers and walkways for residential and water-dependent commercial uses (see article 14).

c.

Residential facilities for caretakers whose work requires residence on the premises or for employees who will be quartered on the premises.

d.

Mobile home, manufactured home, or other similar structure provided the following requirements are met:

(1)

Lot shall be a conforming lot;

(2)

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

(3)

All Florida Building Code requirements are met and a building permit is issued;

(4)

No more than one mobile home, manufactured home or similar structure shall be allowed per each five acres on conforming lots; and

(5)

No cooking facilities permitted.

e.

Semi-trailers for storage.

Accessory structures and uses shall not be constructed or established on any lot prior to the issuance of a building permit for the principal structure.

4.4.4. Prohibited uses and structures. Industrial and commercial uses, intensive agricultural uses (see section 2.1 for definition of intensive agriculture), medical marijuana dispensing facilities, private recreational uses and any use or structure not specifically, provisionally, or by reasonable implication permitted herein or permissible as a special exception.

4.4.5. Special exceptions. (See also articles 12 and 13.)

1.

Home occupations.

2.

Campgrounds of less than 100 campsites.

3.

Mobile home, manufactured home, or other similar structure for use as accessory structure on non conforming lots, provided the following requirements are met:

a.

Mobile home, manufactured home or other similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued;

c.

No more than one mobile home, manufactured home or similar structure shall be allowed per non-conforming lot; and

d.

No cooking facilities permitted.

4.

Guest house with separate utility meter from primary structure.

4.4.6. Minimum lot requirements (area, width).

1.

Single-family dwellings and mobile homes:

ESA-1:

Minimum lot area: 40 acres.

Minimum lot width: 775 feet.

ESA-2:

Minimum lot area: Ten acres.

Minimum lot width: 400 feet.

(Five acres if developed as a planned rural residential development in conformance with policies I.1.6 and I.2.2 of the county's comprehensive plan and an overall density of one dwelling unit per ten acres is maintained on-site.)

Note: Minimum lot areas for any portion of the area designated as environmentally sensitive which is outside of the 100-year floodplain as designated by the Federal Emergency Management Agency, flood insurance rate map, shall conform with the minimum lot requirements of the district in which the portion is located.

2.

All other permitted or permissible uses and structures (unless otherwise specified):

Minimum lot area: Ten acres.

Minimum lot width: 400 feet.

4.4.7. Minimum yard requirements (depth of front and rear yard, width of side yard) (See section 4.2 for right-of-way setback requirements.)

1.

All permitted or permissible uses and structures (unless otherwise specified):

Front: 30 ft.

Side: 25 ft.

Rear: 25 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

4.4.8. Maximum height of structures. No portion shall exceed 35 feet as measured from the base flood elevation (see section 4.2 for exclusions from height limitation).

4.4.9. Maximum lot coverage by all buildings. 20 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.4.10. Minimum landscaped buffering requirements.

1.

All permitted or permissible uses and structures (unless otherwise specified): None, except as necessary to meet other requirements as set out herein.

4.4.11. Minimum off-street parking requirements.

1.

Each residential dwelling unit: Two spaces for each dwelling unit.

(Ord. No. 2011-12, §§ 4, 5, 6-16-2011; Ord. No. 2013-11, § 2, 12-19-2013; Ord. No. 2018-01, § 2, 4-19-2018)

4.5.1. Districts and intent. The A agricultural category includes two zone districts: A-1 and A-2. Lands in the agricultural-1 district are intended to provide for areas primarily consisting of agricultural and residential uses consistent with the areas as designated rural within the county's comprehensive plan. The agricultural-2 district is intended to provide for areas primarily consisting of agricultural and residential uses consistent with the urban development areas as designated within the county's comprehensive plan.

4.5.2. Permitted principal uses and structures.

In A-1 district:

1.

All agricultural activities (but not including livestock or poultry slaughterhouses), including the raising of livestock and poultry, the production of dairy and poultry products, the cultivation of field crops and fruits and berries, forestry, in accordance with the comprehensive plan, apiculture, and similar uses; provided, that no structure used for or any commercial feed lot operation shall be located within 300 feet of any lot line, and no structure used for housing animals shall be located within 100 feet of any lot line.

2.

The processing, storage, and sale of agricultural products and commodities which are raised on the premises (but not including livestock or poultry slaughterhouses); provided, that no building used for these activities shall be located within 300 feet of any side or rear lot line.

3.

Single-family dwellings.

4.

Mobile homes.

5.

Plant nurseries and greenhouses.

6.

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see section 4.2).

7.

Churches and other houses of worship.

8.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

In A-2 district:

1.

All agricultural activities (except intensive agricultural uses as defined in section 2.1 herein), including the raising of livestock and poultry, the production of dairy and poultry products (but not including livestock or poultry slaughterhouses), the cultivation of field crops and fruits and berries, forestry, in accordance with the comprehensive plan, apiculture, and similar uses; provided, that no structure used for any commercial feed lot operation shall be located within 300 feet of any lot line, and no structure used for housing animals shall be located within 100 feet of any lot line.

2.

The processing, storage, and sale of agricultural products and commodities which are raised on the premises (but not including livestock or poultry slaughterhouses); provided, that no building used for these activities shall be located within 150 feet of any side or rear lot line.

3.

Single-family dwellings.

4.

Mobile homes.

5.

Plant nurseries and greenhouses.

6.

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see section 4.2).

7.

Churches and other houses of worship.

8.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

4.5.3. Permitted accessory uses and structures.

1.

Uses and structures in all agricultural-1 and agricultural-2 zoning districts which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure or on a contiguous lot in the same ownership.

c.

Do not involve operations not in keeping with the character of a rural area.

2.

Examples of permitted accessory uses and structures include:

a.

Barns and stables.

b.

Private garages.

c.

Private swimming pools.

d.

On-site signs (see section 4.2).

e.

Residential facilities for caretakers whose work requires residence on the premises or for employees who will be quartered on the premises.

f.

Pre-manufactured Florida Department of Community Affairs certified buildings.

g.

Mobile home, manufactured home, or other similar structure provided the following requirements are met:

(1)

Property parcel shall be a minimum of five acres;

(2)

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

(3)

All Florida Building Code requirements are met and a building permit is issued;

(4)

No more than one mobile home, manufactured home or similar structure shall be allowed per each five acre; and

(5)

No cooking facilities permitted in mobile home or manufactured home.

h.

Semi-trailers for storage.

4.5.4 Prohibited uses and structures. In agricultural-1 and agricultural-2 zoning districts: Junk yard or automobile wrecking yard, excavation of more than 100 cubic feet on parcels of one acre or less in size, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally or by reasonable implication permitted herein as a special exception.

4.5.5. Special exceptions. (See also articles 12 and 13.)

In agricultural-1 districts:

1.

The processing, storage, and sale of agricultural products and commodities which are not raised on the premises; provided that no building used for these activities shall be located within 300 feet of any side or rear lot line.

2.

Livestock auction arenas.

3.

Livestock or poultry slaughterhouses; provided that no building used for these activities shall be located within 300 feet of any lot line.

4.

Sawmills and planing mills, and other similar wood product facilities; provided that no building used for these activities shall be located within 300 feet of any side or rear lot line.

5.

Agricultural equipment and related machinery sales.

6.

Agricultural feed and grain packaging, blending, storage, and sales.

7.

Agricultural fertilizer storage and sales.

8.

Agricultural fairs and fairground activities.

9.

Recreational activities such as racetracks and speedways; golf courses; country clubs; tennis and racquet clubs; golf and archery ranges; rifle, shotgun, and pistol ranges; travel trailer parks or campgrounds, including day camps; hunting or fishing camps; and similar uses.

10.

Riding or boarding stables; provided that no building used for housing of animals shall be located within 300 feet of any lot line.

11.

Hospitals, sanitariums, nursing homes, and residential homes for the aged.

12.

Commercial kennels, veterinary clinics, and animal shelters; provided that no open runs or buildings used for housing of animals shall be located within 300 feet of any lot line.

13.

Group living facilities.

14.

Crematories.

15.

Airplane landing fields.

16.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

17.

Home occupations (see section 4.2).

18.

Public buildings and facilities, unless otherwise specified (see section 4.2).

19.

Private clubs and lodges.

20.

Off-site signs (see also section 4.2).

21.

Solid waste facilities.

22.

Group home care facilities.

23.

Cemeteries and mausoleums.

24.

Conference centers.

25.

Small engine repair (not to exceed 2,000 square feet).

26.

Automotive repair and repair of agricultural equipment (not to exceed 2,500 square feet).

27.

Welding shop (not to exceed 2,500 square feet).

28.

Intensive agriculture.

29.

The keeping of exotic animals.

30.

Bed and breakfast establishment.

31.

Mobile home, manufactured home, or other similar structure for use as accessory structure, on parcels less than five acres provided the following requirements are met:

a.

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted in mobile home or manufactured home.

32.

Guest house with separate utility meter from primary structure.

33.

Mud bogging (see section 4.2.38 for additional regulations for mud bogging).

In agricultural-2 districts:

1.

Riding or boarding stables; provided that no building used for housing of animals shall be located within 300 feet of any lot line.

2.

Hospitals, sanitariums, nursing homes, and residential homes for the aged.

3.

Commercial kennels, veterinary clinics, and animal shelters; provided that no open runs or buildings used for housing of animals shall be located within 300 feet of any lot line.

4.

Group living facilities.

5.

Crematories.

6.

Airplane landing fields, and associated aeronautical related issues.

7.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

8.

Home occupations (see section 4.2).

9.

Public buildings and facilities, unless otherwise specified (see section 4.2).

10.

Private clubs and lodges.

11.

Off-site signs (see also section 4.2).

12.

Solid waste facilities.

13.

Group home care facilities.

14.

Cemeteries and mausoleums.

15.

Conference centers.

16.

Small engine repair (not to exceed 2,000 square feet).

17.

Automotive repair and repair of agricultural equipment (not to exceed 2,500 square feet).

18.

Welding shop (not to exceed 2,500 square feet).

19.

Bed and breakfast establishment.

20.

Recreational activities such as racetracks and speedways, golf courses, country clubs, tennis and racquet clubs, golf and archery ranges, rifle, shotgun and pistol ranges; travel trailer parks or campgrounds, including day camps, hunting or fishing camps and similar uses, requiring a minimum site of five acres.

21.

Sawmills and planing mills, and other similar wood product facilities; provided that no building used for sawmill and planing activities shall be located within 300 feet of any side or rear lot line.

22.

The processing, storage, and sale of agricultural products and commodities which are not raised on the premises; provided that no building used for these activities shall be located within 300 feet of any side or rear lot line and must have minimum of 15 acres of property.

23.

Livestock or poultry slaughterhouse; provided that no building used for these activities shall be located within 300 feet of any side or rear lot line and must have minimum of 15 acres of property.

24.

Mobile home, manufactured home, or other similar structure for use as accessory structure, on parcels less than five acres provided the following requirements are met:

a.

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted in mobile home or manufactured home.

25.

Guest house with separate utility meter from primary structure.

26.

Mud bogging (see section 4.2.38 for additional regulations for mud bogging).

4.5.6. Minimum lot requirements (area, width).

1.

Single-family dwellings, mobile homes, and group living facilities:

Rural areas as designated by the county's comprehensive plan:

A-1:

Minimum lot area: 15 acres.

Minimum lot width: 290 feet.

A-2:

Minimum lot area: Five acres.

Minimum lot width: 160 feet.

(One acre where the lot is in accordance with the provisions of policy I.2.2 of the county's comprehensive plan and maintains a minimum lot width of 125 feet.)

2.

All other permitted uses and structures (unless otherwise specified): None, except as necessary to meet other requirements as set out herein.

4.5.7. Minimum yard requirements (depth of front and rear yard, width of side yard) (See section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 30 ft.

Side: 25 ft.

Rear: 25 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

Excavation below the natural grade shall meet minimum yard requirements, shall not be located in wetlands or other restricted areas and shall not alter the pre-existing drainage patterns on site and adjacent parcels. Excavated material shall be properly disposed of so as not to alter the pre-existing drainage patterns.

4.5.8. Maximum height of structures. No portion shall exceed 35 feet (see section 4.2 for exclusions from height limitations).

4.5.9. Maximum lot coverage by all buildings. 20 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.5.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses and structures (unless otherwise specified): None, except as necessary to meet other requirements as set out herein.

2.

All nonagricultural uses approved by special exceptions shall maintain a landscaped buffer between any agricultural use and the special exception, which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

4.5.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Residential dwelling units: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Private clubs and lodges: One space for each 300 square feet of floor area.

7.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

8.

Group living facilities: One space for each bedroom.

9.

Hospitals: One space for each bed.

10.

Sanitariums and nursing homes: One space for each two beds.

11.

Residential home for the aged: One space for each dwelling unit.

12.

Commercial and service establishments (unless otherwise specified): One space for each 150 square feet of nonstorage floor area.

13.

Livestock or poultry slaughterhouse; sawmills and planing mills; crematories; agricultural feed and grain packaging, blending, storage and sales; agricultural fertilizer storage and sales: One space for each 500 square feet of floor area.

14.

Livestock auction arenas; agricultural equipment and related machinery sales; agricultural fairs and fairground activities; drive-in theaters; racetracks and speedways; golf and archery ranges; rifle, shotgun, and pistol ranges; commercial kennels; veterinary clinics; and animal shelters: One space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

15.

For other special exceptions as specified herein: To be determined by findings in the particular case.

(Ord. No. 97-14, §§ 3—5, 7, 12-18-97; Ord. No. 06-15, § 1, 4-20-06; Ord. No. 07-44, §§ 1, 2, 10-18-07; Ord. No. 10-02, § 1, 3-18-2010; Ord. No. 2011-12, §§ 6—8, 6-16-2011; Ord. No. 2011-13, §§ 1, 2, 6-16-2011; Ord. No. 2013-11, § 3, 12-19-2013; Ord. No. 2016-05, § 2, 7-21-2016; Ord. No. 2018-01, § 3, 4-19-2018)

4.6.1. Districts and intent. The RR rural residential category includes one zone district: RR. Lands in this district are intended to provide for areas primarily consisting of low density residential uses and limited agricultural uses within the designated urban development areas as designated within the county's comprehensive plan.

4.6.2. Permitted principal uses and structures.

1.

Single-family dwellings.

2.

Mobile homes.

3.

Agricultural activities (except intensive agricultural uses as defined in section 2.1 herein), including the raising of livestock and poultry, the cultivation of field crops and fruits and berries, forestry, in accordance with the comprehensive plan, apiculture, and similar uses; provided, that no structure used for housing of livestock shall be located within 150 feet of any lot line.

4.

The processing, storage, and sale of agricultural products and commodities which are raised on the premises (but not including livestock or poultry slaughterhouses); provided, that no building used for these activities shall be located within 150 feet of any side or rear lot line.

5.

Plant nurseries and greenhouses.

6.

Homes of six or fewer residents which otherwise meet the definition of "community residential home" (see section 4.2).

7.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

8.

Churches and other houses of worship.

4.6.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of a rural area.

2.

Examples of permitted accessory uses and structures include:

a.

Barns and stables.

b.

Private garages.

c.

Private swimming pools.

d.

On-site signs (see section 4.2).

e.

Residential facilities for caretakers whose work requires residence on the premises or for employees who will be quartered on the premises.

f.

Mobile home, manufactured home, or other similar structure provided the following requirements are met:

(1)

Property parcel shall be a minimum of five acres;

(2)

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

(3)

All Florida Building Code requirements are met and a building permit is issued;

(4)

No more than one mobile home, manufactured home or similar structure shall be allowed per each five acres; and

(5)

No cooking facilities permitted.

g.

Semi-trailers for storage.

Accessory structures and uses shall not be constructed or established on any lot prior to the issuance of a building permit for the principal structure.

4.6.4. Prohibited uses and structures. Junk yard or automobile wrecking yard, exotic animals as defined in section 2.1, livestock or poultry slaughterhouse, saw mills and planing mills, excavation of more than 100 cubic feet on parcels one acre or less in size, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.6.5. Special exceptions. (see also articles 12 and 13.)

1.

Riding or boarding stables; provided that no building uses for housing of animals shall be located within 150 feet of any lot line.

2.

Hospitals, sanitariums, nursing homes, and residential homes for the aged.

3.

Commercial kennels, veterinary clinics, and animal shelters; provided, that no open runs or buildings used for housing of animals shall be located within 150 feet of any lot line.

4.

Group living facilities.

5.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

6.

Home occupations (see also section 4.2).

7.

Public buildings and facilities, unless otherwise specified (see section 4.2).

8.

Private clubs and lodges.

9.

Off-site signs (see also section 4.2).

10.

Cemeteries and mausoleums.

11.

Crematories.

12.

Bed and breakfast establishment.

13.

Recreational activities such as racetracks and speedways, golf courses, country clubs, tennis and racquet clubs, golf and archery ranges, rifle, shotgun and pistol ranges; travel trailer parks or campgrounds, including day camps, hunting or fishing camps and similar uses, requiring a minimum site of five acres.

14.

Mobile home, manufactured home, or other similar structure for use as accessory structure, on parcels less than five acres provided the following requirements are met:

a.

Mobile home, manufactured home or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted.

15.

Guest house with separate utility meter from primary structure.

4.6.6. Minimum lot requirements (area, width).

1.

Single-family dwellings, mobile homes, and group living facilities:

RR:

Minimum lot area: One acre.

Minimum lot width: 100 feet.

2.

All other permitted uses and structures (unless otherwise specified): None, except as necessary to meet other requirements as set out herein.

4.6.7. Minimum yard requirements (depth of front and rear yard, width of side yard) (See section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 30 ft.

Side: 15 ft.

Rear: 25 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

Excavation below the natural grade shall meet minimum yard requirements, shall not be located in wetlands or other restricted areas and shall not alter the pre-existing drainage patterns on site and adjacent parcels. Excavated material shall be properly disposed of so as not to alter the pre-existing drainage patterns.

4.6.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.6.9. Maximum lot coverage by all buildings. 20 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.6.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses and structures (unless otherwise specified): None, except as necessary to meet other requirements as set out herein.

4.6.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Residential dwelling units: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Private clubs and lodges: One space for each 300 square feet of floor area.

7.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

8.

Group living facilities: One space for each bedroom.

9.

Hospitals: One space for each bed.

10.

Sanitariums and nursing homes: One space for each two beds.

11.

Residential home for the aged: One space for each dwelling unit.

12.

For other special exceptions as specified herein: To be determined by findings in the particular case.

(Ord. No. 97-14, §§ 3, 4, 6, 12-18-97; Ord. No. 06-16, § 1, 4-20-06; Ord. No. 07-12, §§ 1, 2, 4-19-07; Ord. No. 2011-12, §§ 9—11, 6-16-2011; Ord. No. 2011-13, §§ 3, 4, 6-16-2011; Ord. No. 2013-11, § 4, 12-19-2013; Ord. No. 2018-01, § 4, 4-19-2018)

4.7.1. Districts and intent. The RE residential, estate category includes one zone district: RE. It is the intent of this district to provide for low density single-family residential areas that surround lakes located outside the designated urban development areas, as designated within the county's comprehensive plan.

4.7.2. Permitted principal uses and structures.

1.

Single-family dwellings.

2.

Public parks and recreational areas.

3.

Plant nurseries and greenhouses.

4.

Homes of six or fewer residents which otherwise meet the definition of "community residential home" (see section 4.2).

5.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

6.

Churches and other houses of worship.

4.7.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of single-family residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

On-site signs (see section 4.2).

d.

Residential facilities for caretakers whose work requires residence on the premises or for employees which will be quartered on the premises.

4.7.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, junk yards or automobile wrecking yard, exotic animals as defined in section 2.1, livestock or poultry slaughterhouses, saw mills and planing mills, excavation of more than 100 cubic feet on parcels one acre or less in size, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.7.5. Special exceptions. (see also articles 12 and 13.)

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries, mausoleums and crematories.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified.

6.

Home occupations (see section 4.2).

7.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

8.

Bed and breakfast establishment.

9.

Mobile home, manufactured home, semi trailer or other similar structure for use as accessory structure, provided the following requirements are met:

a.

Mobile home, manufactured home, semi trailer or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted.

10.

Guest house with separate utility meter from primary structure.

4.7.6. Minimum lot requirements (area, width).

1.

Single-family dwellings, mobile homes and group living facilities:

RE:

Minimum lot area: One acre.

Minimum lot width: 100 feet.

[provided] sewer systems are available and accessible.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.7.7. Minimum yard requirements (depth of front and back yard, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Permitted uses and structures (unless otherwise specified):

Front: 30 ft.

Side: 10 ft. for each side yard.

Rear: 15 ft.

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and other all permitted uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard.

Rear: 35 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained. These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width. Excavation below the natural grade shall meet minimum yard requirements, shall not be located in wetlands or other restricted areas and shall not alter the pre-existing drainage patterns on site and adjacent parcels. Excavated material shall be properly disposed of so as not to alter the pre-existing drainage patterns.

4.7.8. Maximum height of structures. No portion shall exceed: Unrestricted. (See also section 4.2 for exceptions.)

4.7.9. Maximum lot coverage by all buildings.

1.

Single-family dwellings and duplexes, including their accessory buildings: 40 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.7.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.7.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Each residential dwelling unit: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Private clubs and lodges: One space for each 300 square feet of floor area.

7.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

8.

Commercial greenhouses and plant nurseries: One space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: To be determined by findings in the particular case.

(Ord. No. 97-14, §§ 3, 8, 12-18-97; Ord. No. 06-17, § 1, 4-20-06; Ord. No. 2011-12, §§ 12, 13, 6-16-2011; Ord. No. 2011-13, §§ 5, 6, 6-16-2011; Ord. No. 2013-11, § 5, 12-19-2013; Ord. No. 2018-01, § 5, 4-19-2018)

4.8.1. Districts and intent. The RSF residential, single-family category includes three zone districts: RSF-1, RSF-2, and RSF-3. It is the intent of these districts to provide for single-family areas of low to medium density together with public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with such development, as well as surrounding development within the designated urban development area as defined within the county's comprehensive plan. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to preserve and protect the single-family residential character of these districts. Variation among the RSF-1, RSF-2, and RSF-3 districts is in requirements for lot area, width, and certain yards.

4.8.2. Permitted principal uses and structures.

1.

Single-family dwellings.

2.

Public parks and recreational areas.

3.

Homes of six or fewer residents which otherwise meet the definition of "community residential home" (see section 4.2).

4.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

5.

Churches and other houses of worship.

4.8.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of single-family residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

4.8.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity (unless such vehicles are stored or parked in a completely enclosed building), storage of building materials (except in connection with active construction activities on the premises), new mobile homes except as permitted in section 4.2 and article 14, signs except as specifically permitted, the keeping of cows, swine, sheep, goats, or poultry, excavation of more than 100 cubic feet on parcels one acre or less in size, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.8.5. Special exceptions. (see also articles 12 and 13.)

1.

Conference centers.

[2.

Reserved.]

3.

Golf courses, country clubs, and racquet and tennis clubs.

4.

Cemeteries and mausoleums.

5.

Private clubs and lodges.

6.

Parks maintained by any private association of persons residing in the district.

7.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified.

8.

Home occupations (see section 4.2).

9.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

10.

Commercial greenhouses and plant nurseries.

11.

Bed and breakfast establishment.

12.

Equine activities and related facilities in keeping with the character and requirements of the district provided that:

a.

Each parcel of land for which the special exception is sought shall be a minimum of five acres in size;

b.

No more than three horses over five-acre parcel;

c.

No structure used for housing of animals shall be located within 75 feet from property line; and

d.

Each additional horse would need two acres per horse.

13.

Mobile home, manufactured home, semi-trailer or other similar structure for use as accessory structure, provided the following requirements are met:

a.

Mobile home, manufactured home, semi-trailer or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted.

14.

Guest house with separate utility meter from primary structure.

4.8.6 Minimum lot requirements (area, width).

1.

Single-family dwellings:

RSF-1:

Minimum lot area: 21,780 square feet.

Minimum lot width: 100 feet.

RSF-2:

Minimum lot area: 10,000 square feet.

Minimum lot width: 85 feet.

Note: RSF-2 districts shall only be permitted where community water systems and sanitary sewer systems are available and accessible.

RSF-3:

Minimum lot area: 7,500 square feet.

Minimum lot width: 50 feet.

Note: RSF-3 districts shall only be permitted where community water systems and centralized sanitary sewer systems are available and accessible.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.8.7. Minimum yard requirements (depth of front and back yard, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Single family dwellings:

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and other all permitted uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard.

Rear: 35 ft.

Special Provisions

A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

Excavation below the natural grade shall meet minimum yard requirements, shall not be located in wetlands or other restricted areas and shall not alter the pre-existing drainage patterns on site and adjacent parcels. Excavated material shall be properly disposed of so as not to alter the pre-existing drainage patterns.

4.8.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.8.9. Maximum lot coverage by all buildings.

1.

Single-family dwellings and duplexes, including their accessory buildings: 40 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.8.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.8.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Each residential dwelling unit: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high school: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Private clubs and lodges: One space for each 300 square feet of floor area.

7.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

8.

Commercial greenhouses and plant nurseries: One space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: To be determined by findings in the particular case.

(Ord. No. 97-14, § 3, 12-18-97; Ord. No. 05-22, § 1, 8-18-05; Ord. No. 06-10, §§ 1, 2, 3-16-06; Ord. No. 07-37, § 1, 9-20-07; Ord. No. 2011-12, §§ 14, 15, 6-16-2011; Ord. No. 2011-13, §§ 7, 8, 6-16-2011; Ord. No. 2013-11, § 6, 12-19-2013; Ord. No. 2018-01, § 6, 4-19-2018)

4.9.1. Districts and intent. The RSF/MH residential (mixed), single-family/mobile home category includes three zone districts: RSF/MH-1, RSF/MH-2, and RSF/MH-3. It is the intent of these districts to provide for single-family residential areas of low to medium density for single-family dwellings and individual mobile homes within designated urban areas as defined within the county's comprehensive plan. In addition to providing for mixed single-family/mobile home areas, this district also provides for public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with mixed single-family/mobile home residential development. In these districts, permitted nonresidential uses and special exceptions may be subject to restrictions and requirements necessary to preserve and protect the single-family residential character of these districts.

4.9.2. Permitted principal uses and structures.

1.

Single-family dwellings.

2.

Mobile home dwellings.

3.

Public parks and recreational areas.

4.

Homes of six or fewer residents which otherwise meet the definition of "community residential home" (see section 4.2).

5.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

6.

Churches and other houses of worship.

4.9.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

4.9.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity (unless such vehicles are stored or parked in a completely enclosed building), storage of building materials (except in connection with active construction activities on the premises), mobile home parks, signs except as specifically permitted, the keeping of cows, swine, sheep, goats, or poultry, excavation of more than 100 cubic feet on parcels one acre or less in size, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.9.5. Special exceptions. (see also articles 12 and 13.)

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries, mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

8.

Commercial greenhouses and plant nurseries.

9.

Conference centers.

10.

Bed and breakfast establishment.

11.

Equine activities and related facilities in keeping with the character and requirements of the district provided that:

a.

Each parcel of land for which the special exception is sought shall be a minimum of five acres in size;

b.

No more than three horses over five-acre parcel;

c.

No structure used for housing of animals shall be located within 75 feet from property line; and

d.

Each additional horse would need two acres per horse.

12.

Mobile home, manufactured home, semi-trailer or other similar structure for use as accessory structure, provided the following requirements are met:

a.

Mobile home, manufactured home, semi-trailer or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted.

[13.

Reserved.]

14.

Guest house with separate utility meter from primary structure.

4.9.6 Minimum lot requirements (area, width).

1.

Single-family dwellings and mobile homes:

Minimum area for single-family/mobile home district: Ten acres.

RSF/MH-1:

Minimum lot area: 21,780 square feet.

Minimum lot width: 100 feet.

RSF/MH-2:

Minimum lot area: 10,000 square feet.

Minimum lot width: 85 feet.

Note: RSF/MH-2 districts shall only be permitted where community water systems and centralized sanitary sewer systems are available and accessible.

RSF/MH-3:

Minimum lot area: 7,500 square feet.

Minimum lot width: 50 feet.

Note: RSF/MH-3 districts shall only be permitted where community water systems and sanitary sewer systems are available and accessible.

[2.

Reserved.]

3.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.9.7. Minimum yard requirements (depth of front and rear yard, width of side of yards) (See section 4.2 for right-of-way setback requirements.)

1.

Single family dwellings and mobile homes:

2.

Single family dwellings and mobile homes:

3.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and all other permissible uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard.

Rear: 35 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

Excavation below the natural grade shall meet minimum yard requirements, shall not be located in wetlands or other restricted areas and shall not alter the pre-existing drainage patterns on site and adjacent parcels. Excavated material shall be properly disposed of so as not to alter the pre-existing drainage patterns.

4.9.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.9.9. Maximum lot coverage by all buildings.

1.

One-family dwellings and duplexes, including their accessory buildings: 40 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.9.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall not be less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.9.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Residential dwelling units: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges: One space for each 300 square feet of floor area.

8.

Commercial greenhouses and plant nurseries: One space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: To be determined by findings in the particular case.

4.9.12. Additional requirements for mobile homes.

1.

Anchoring. Each mobile home shall be located on a stand permitting each unit to be sufficiently supported and anchored as in compliance with the state standards for anchoring mobile homes. In addition, each mobile home shall have the wheels and axles removed, shall be placed as close to the ground as can be practically accomplished and shall have the tongue or hitch portion of the mobile home removed unless permanently attached in such a manner that it cannot be readily removed.

2.

Skirting. A skirt or apron which is continually and properly maintained by the owner of the mobile home shall surround each mobile home between the bottom of the unit and the ground.

(Ord. No. 97-14, § 3, 12-18-97; Ord. No. 05-22, § 2, 8-18-05; Ord. No. 06-10, §§ 3, 4, 3-16-06; Ord. No. 07-37, § 2, 9-20-07; Ord. No. 2011-12, §§ 16, 17, 6-16-2011; Ord. No. 2011-13, §§ 9, 10, 6-16-2011; Ord. No. 2013-11, § 7, 12-19-2013; Ord. No. 2018-01, § 7, 4-19-2018)

Editor's note— Ord. No. 2011-12, § 17, adopted 6-16-2011, contained a scrivener's error in the subsection numbering of § 4.9.5. At the editor's discretion, subsections 8., 7.—11. were renumbered as subsections 7.—12.

4.10.1. Districts and intent. The RMH residential, mobile home category includes three zone districts: RMH-1, RMH-2, and RMH-3. It is the intent of these districts to provide for low to medium density mobile home subdivision development together with public and semipublic buildings and facilities and accessory structures as may be desirable and compatible with such development as well as surrounding development within the designated urban development area, as defined within the county's comprehensive plan. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to protect the residential character of these districts.

4.10.2. Permitted principal uses and structures.

1.

Mobile homes.

2.

Public parks and recreational areas.

3.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

4.

Churches and other houses of worship.

4.10.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

On-site signs (see section 4.2).

4.10.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity (unless such vehicles are stored or parked in a completely enclosed building), storage of building materials (except in connection with active construction activities on the premises), new single family dwelling units, mobile home parks, signs except as specifically permitted, the keeping of cows, swine, sheep, goats, or poultry, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.10.5. Special exceptions. (See also articles 12 and 13.)

1.

Golf courses, country clubs, and racquet and tennis clubs.

2.

Cemeteries, and mausoleums.

3.

Private clubs and lodges.

4.

Parks maintained by any private association of persons residing in the district.

5.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

6.

Home occupations (see section 4.2).

7.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

8.

Commercial greenhouses and plant nurseries.

9.

Conference centers.

10.

Equine activities and related facilities in keeping with the character and requirements of the district provided that:

a.

Each parcel of land for which the special exception is sought shall be a minimum of five acres in size;

b.

No more than three horses over five-acre parcel;

c.

No structure used for housing of animals shall be located within 75 feet from property line; and

d.

Each additional horse would need two acres per horse.

[11.

Reserved.]

12.

Mobile home, manufactured home, semi-trailer or other similar structure for use as accessory structure, provided the following requirements are met:

a.

Mobile home, manufactured home, semi-trailer or similar structure shall be located in the rear yard at least 50 feet from the side and rear property lines;

b.

All Florida Building Code requirements are met and a building permit is issued; and

c.

No cooking facilities permitted.

13.

Guest house with separate utility meter from primary structure.

4.10.6. Minimum lot requirements (areas, width).

1.

Mobile homes:

RMH-1:

Minimum lot area: 20,000 square feet.

Minimum lot width: 100 feet.

RMH-2:

Minimum lot area: 10,000 square feet.

Minimum lot width: 85 feet.

Note: RMH-2 districts shall only be permitted where a community water system and sanitary sewer system is available and accessible.

RMH-3:

Minimum lot area: 7,500 square feet.

Minimum lot width: 50 feet.

Note: RMH-3 districts shall only be permitted where a community water system and sanitary sewer system is available and accessible.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.10.7. Minimum yard requirements (depth of front and rear yard, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Mobile homes:

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, and all other permitted uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard.

Rear: 35 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

4.10.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.10.9. Maximum lot coverage by all buildings.

1.

Mobile home dwellings, including their accessory buildings: 40 percent.

2.

Other permitted building in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.10.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

Churches, other houses of worship, private clubs and lodges, child care centers, commercial greenhouses and plant nurseries, public buildings (but not public schools): Where a use listed under (1) above is erected or expanded on land abutting either (a) a residential district or (b) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

2.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.10.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Residential dwelling units: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Private clubs and lodges: One space for each 300 square feet of floor area.

7.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

8.

Commercial greenhouses and plat nurseries: One space for each 150 square feet of nonstorage floor area.

9.

For other special exceptions as specified herein: To be determined by findings in the particular case.

4.10.12. Additional requirements for mobile homes.

1.

Anchoring. Each mobile home shall be located on a stand permitting each unit to be sufficiently supported and anchored as in compliance with the state standards for anchoring mobile homes. In addition, each mobile home shall have the wheels and axles removed, shall be placed as close to the ground as can be practically accomplished and shall have the tongue or hitch portion of the mobile home removed unless permanently attached in such a manner that it cannot be readily removed.

2.

Skirting. A skirt or apron which is continually and properly maintained by the owner of the mobile home shall surround each mobile home between the bottom of the unit and the ground.

(Ord. No. 05-22, § 3, 8-18-05; Ord. No. 06-10, §§ 5, 6, 3-16-06; Ord. No. 2011-12, §§ 18, 19, 6-16-2011; Ord. No. 2013-11, § 8, 12-19-2013; Ord. No. 2018-01, § 8, 4-19-2018)

4.11.1. Districts and intent. The RMH-P residential, mobile home park category includes one zone district: RMH-P. It is the intent of this district to provide for mobile homes in approved parks, occupied as one-family dwellings within designated urban development areas, as defined within the county's comprehensive plan. This is a high density district designed to create an environment of residential character and permitting only those uses, activities, and services which are compatible with the residential environment. The RMH-P district is a residential district, not a commercial district. The minimum size for a mobile home park shall be five acres in order to avoid spotty development and to provide enough area for adequate site design.

4.11.2. Permitted principal uses and structures.

1.

Mobile home parks.

For uses under (1) above: Site and development plan approval is required (see article 14).

4.11.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

Storage rooms.

e.

Mobile home park administrative/management offices and recreational and laundry facilities intended for use solely by the residents of the mobile home park and their guests.

f.

On-site signs (see section 4.2).

4.11.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, retail commercial outlets for sale of new and used mobile homes, storage or overnight parking of commercial or industrial vehicles in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.11.5. Special exceptions. (See also articles 12 and 13.)

1.

Churches and other houses of worship.

2.

Golf courses, country clubs, and racquet and tennis clubs.

3.

Cemeteries or mausoleums.

4.

Private clubs and lodges.

5.

Public parks; parks maintained by any private association of persons residing in the district.

6.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

7.

Home occupations (see section 4.2).

8.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and dropoff of children.

9.

Conference centers.

10.

Bed and breakfast establishments.

4.11.6. Minimum lot requirements (area, width).

1.

Mobile home parks:

Site requirements:

Minimum site area: Ten acres.

Minimum site width: 400 feet.

Minimum land area per dwelling unit: 5,445 square feet (density: eight dwelling units per acre).

Mobile home stand requirements:

Minimum mobile home stand size: 3,500 square feet.

Minimum average width of mobile home stand: 40 feet.

2.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.11.7. Minimum yard requirements (depth of front and rear yard, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Mobile home parks: (to be applied at site perimeter)

Front: 35 ft.

Side: 25 ft. for each side yard

Rear: 25 ft.

2.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, conference centers and all other permitted uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard

Rear: 35 ft.

Special provisions:

a.

In a mobile home park, no mobile home shall be located closer than 20 feet to:

(1)

Another mobile home; or

(2)

A mobile home park access or circulation drive; and

b.

A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 [feet] from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

4.11.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.11.9. Maximum lot coverage by all buildings.

1.

Mobile home parks, including all accessory buildings: 30 percent.

2.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.11.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

Mobile home parks: Where a use under (1) above is erected or expanded on land abutting a one-family residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 15 feet in width along the affected rear and/or side yards as the case may be.

2.

Churches, other houses of worship, private clubs and lodges, conference centers, child care centers, public buildings (but not public schools): Where a use listed under (2) above [this subsection] is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

3.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.11.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Residential dwelling units: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges: One space for each 300 square feet of floor area.

8.

For other special exceptions as specified herein: To be determined by findings in the particular case.

4.11.12. Additional requirements for mobile home parks.

1.

Mobile home stands. The following requirements shall apply:

a.

Each mobile home shall be located on a stand that will permit each unit to be sufficiently supported and anchored as in compliance with the state standards for anchoring mobile homes.

b.

Each approved mobile home stand shall be clearly defined by stakes or other markers which physically delineate the location of each stand within the mobile home park.

c.

A skirt or apron shall surround each mobile home between the bottom of the unit and the ground. This skirt or apron shall be continually and properly maintained by the owner of the mobile home.

2.

Street or driveway improvements. All streets and drives shall be constructed using generally accepted engineering practices so as to allow proper drainage of the entire area, and to provide access to each mobile home site.

a.

Pavement base. Six inches of compacted limerock.

b.

Wearing surface. One inch of type II asphalt or concrete surface course or the equivalent as approved as meeting standards established by the Board of County Commissioners.

c.

Pavement width. All streets shall have a minimum pavement width of 20 feet.

3.

Street lighting. All streets or driveways within the park shall be lighted at night with electric lights providing a minimum illumination of 0.2 footcandle.

4.

Usable open space. A minimum of 15 percent of the gross land area within the mobile home park shall be designed for recreational purposes.

5.

Parking. No parking shall be allowed on any mobile home park access or circulation drive.

6.

State regulations. In addition to the requirements listed above, the mobile home park shall comply with all applicable rules and regulations of the State of Florida, including chapter 10D-26 of the Florida Administrative Code, as amended.

(Ord. No. 97-14, § 3, 12-18-97; Ord. No. 2013-11, § 9, 12-19-2013; Ord. No. 2018-01, § 9, 4-19-2018)

4.12.1. Districts and intent. The RMF residential, multiple-family category includes two zone districts: RMF-1 and RMF-2. It is the intent of these districts to provide for residential areas of medium to high density within designated urban development areas as defined within the county's comprehensive plan and only when community potable water systems and centralized sanitary sewer systems are available and accessible. These zoning districts allow for a desirable variety of housing types together with public and semipublic buildings and facilities and accessory structures as may be compatible with residential development. Nonresidential uses in these districts may be subject to restrictions and requirements necessary to preserve and protect the residential character of these districts. Variation between the RMF-1 and RMF-2 districts is in requirements for density (land area per dwelling unit).

4.12.2. Permitted principal uses and structures.

1.

Single-family dwellings.

2.

Duplex dwellings.

3.

Multiple-family dwellings.

4.

Public parks and recreational areas.

5.

Homes of six or fewer residents which otherwise meet the definition of "community residential facility" (see section 4.2).

6.

Community residential facilities (see section 2.1).

7.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

For uses under (3) above: Site and development plan approval is required for multiple-family developments consisting of five or more dwellings or two or more separate buildings (see article 14).

4.12.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

c.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

d.

Do not involve operations or structures not in keeping with the character of residential development.

2.

Examples of permitted accessory uses and structures include:

a.

Private garages.

b.

Private swimming pools.

c.

Noncommercial greenhouses and plant nurseries.

d.

For multiple-family dwellings: administrative/management offices for the multiple-family complex and recreational and laundry facilities intended for use solely by the residents of the multiple-family complex and their guests.

e.

On-site signs (see section 4.2).

4.12.4. Prohibited uses and structures. Trade or service establishments or storage in connection with such establishments, storage or overnight parking of commercial or industrial vehicles, in excess of one ton capacity, storage of building materials (except in connection with active construction activities on the premises), signs except as specifically permitted, the keeping of horses, cows, swine, sheep, goats, or poultry, medical marijuana dispensing facilities, and any use or structure not specifically, provisionally, or by reasonable implication permitted herein as a special exception.

4.12.5. Special exceptions. (See also articles 12 and 13.)

1.

Churches and other houses of worship.

2.

Golf courses, country clubs, and racquet and tennis clubs.

3.

Cemeteries and mausoleums.

4.

Private clubs and lodges.

5.

Parks maintained by any private association of persons residing in the district.

6.

Public buildings and facilities in keeping with the character and requirements of the district, except those otherwise specified (see section 4.2).

7.

Home occupations (see section 4.2).

8.

Child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pickup and dropoff of children.

9.

Group living facilities.

10.

Nursing homes and residential homes for the aged.

11.

Conference centers.

4.12.6. Minimum lot requirements (area, width).

1.

Single-family dwellings:

Minimum lot area: 7,500 square feet.

Minimum lot width: 50 feet.

2.

Duplexes:

Minimum lot area: 10,000 square feet.

Minimum lot width: 85 feet.

3.

Multiple-family development:

Minimum site area: 16,335 square feet.

Minimum site width: 80 feet.

Minimum land area per dwelling unit:

RMF-1: 5,445 square feet (density: eight dwelling units per acre).

RMF-2: 2,178 square feet (density: 20 dwelling units per acre).

4.

Other permitted uses and structures: None, except as needed to meet all other requirements herein set out.

4.12.7. Minimum yard requirements (depth of front and rear yards, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Single family dwellings, mobile homes and duplexes:

Front: 20 ft.

Side: 10 ft. for each side yard.

Rear: 15 ft.

2.

Multiple family dwellings: (to be applied to site perimeter)

Front: 30 ft.

Side: 15 ft. for each side yard.

Rear: 20 ft.

Special provisions: Where two or more multiple family structures are located together on one site, no detached residential structure shall be closer than 20 ft. to another.

3.

Public and private schools, child care centers, churches, other houses of worship, private clubs and lodges, nursing homes, residential homes for the aged, group living facilities, and all other permitted uses unless otherwise specified:

Front: 35 ft.

Side: 25 ft. for each side yard.

Rear: 35 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses. All other permitted land uses shall conform to the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

4.12.8. Maximum height of structures. No portion shall exceed 45 feet (see also section 4.2 for exceptions).

4.12.9. Maximum lot coverage by all buildings.

1.

Single-family dwellings, including their accessory buildings: 40 percent.

2.

Duplexes and multiple-family development, including their accessory buildings: 40 percent.

3.

Other permitted buildings in connection with permitted uses, including their accessory buildings: 35 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.12.10. Minimum landscaped buffering requirements. (see also section 4.2.)

1.

In the RMF-2 district only, multiple-family dwellings: Where a use listed under (1) above is erected or expanded on land abutting a one-family residential district, then the proposed use shall provide a landscaped buffer which shall not be less than 15 feet in width along the affected rear and/or side yards as the case may be.

2.

Churches, other houses of worship, private clubs and lodges, and conference centers, child care centers, public buildings (but not public schools): Where a use listed under (2) above [this subsection] is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than ten feet in width along the affected rear and/or side yards as the case may be.

3.

All other permitted uses (unless otherwise specified): None, except as necessary to meet other requirements set out herein.

4.12.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Each residential dwelling unit: Two spaces for each dwelling unit.

2.

Elementary and junior high schools: Two spaces for each classroom or office room, plus one space for each three seats in any auditorium or gymnasium.

3.

Senior high schools: Four spaces for each classroom or office room, plus two spaces for each three seats in any auditorium or gymnasium.

4.

Churches or other houses of worship: One space for each six permanent seats in the main auditorium.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

Child care centers: One space for each 300 square feet of floor area devoted to child care activities.

7.

Private clubs and lodges and conference centers: One space for each 300 square feet of floor area.

8.

Group living facilities: One space for each bedroom.

9.

Nursing homes: One space for each two beds.

10.

Residential homes for the aged: One space for each dwelling unit.

11.

For other special exceptions as specified herein: To be determined by findings in the particular case.

Editor's note— Section 4.12 was numbered as 4.11 in the original land development regulations. The numbering has been changed at the discretion of the editor to avoid duplication of section numbers.

(Ord. No. 2013-11, § 10, 12-19-2013; Ord. No. 2018-01, § 10, 4-19-2018)

4.13.1. Districts and intent. The CN commercial, neighborhood category includes one zone district: CN. It is the intent of this district to provide for small scale retail and service developments which serve the convenience needs of a limited population and/or geographic area (i.e., a neighborhood) within lands classified as agriculture and residential on the future land use plan map of the county's comprehensive plan. In accordance with the comprehensive plan, this district is not intended to accommodate major or large scale commercial or service activities. The CN district is intended to be oriented to and compatible with the neighborhood to be served, and shall be located at the intersection of any road with a collector or arterial road.

4.13.2. Permitted principal uses and structures.

1.

Retail commercial outlets for sale of food, hardware and pharmaceuticals.

2.

Service establishments such as a barber or beauty shop, shoe repair shop, self-service laundry or dry cleaner, laundry or dry cleaning pick-up station. The above uses are subject to the following limitations: (1) floor area of each individual outlet or establishment shall not exceed 5,000 square feet; (2) sale, display, preparation, and storage to be conducted within a completely enclosed building, and no more than 20 percent of floor area to be devoted to storage; (3) products to be sold only at retail; and (4) site and development plan approval is required for all developments (see article 14).

3.

Business and professional offices.

4.

Single family dwellings which existed within this district on the date of adoption or amendment of these land development regulations.

5.

Public or private schools offering curricula comparable to that of public schools, as conducted in accordance with the provisions of the county's comprehensive plan and section 4.2, herein.

6.

Churches and other houses of worship.

7.

Medical marijuana dispensing facilities.

Medical marijuana dispensing facilities shall not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. Medical marijuana dispensing facilities shall comply with section 381.986, Florida Statutes, as amended.

4.13.3. Permitted accessory uses and structures.

1.

On the same premises and in connection with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

2.

On-site signs (see section 4.2).

3.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

4.13.4. Prohibited uses and structures.

1.

Any use or structure not specifically, provisionally, or by reasonable implication permitted herein.

2.

Residential uses, except as specified under CN accessory uses.

4.13.5. Special exceptions. (see also articles 12 and 13.)

1.

Automotive service and self service stations (see section 4.2 for special design standards for automotive service and self service stations).

2.

Child care centers and overnight child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.

b.

Provision is made for areas for off-street pick-up and drop-off of children.

3.

Financial institutions.

4.

Public buildings and facilities.

5.

Mini-warehouses.

4.13.6. Minimum lot requirements (area, width). None, except as necessary to meet other requirements as set out herein.

4.13.7. Minimum yard requirements (depth of front and rear yard, width of side yards) (See section 4.2 for right-of-way setback requirements.)

1.

Commercial and service establishments (unless otherwise specified):

Front: 25 ft.

Side: 10 ft. for each side yard.

Rear: 15 ft.

2.

Child care centers and overnight child care centers:

Front: 20 ft.

Side: 10 ft. for each side yard.

Rear: 15 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

4.13.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.13.9. Maximum lot coverage by all buildings. 40 percent.

Note: In addition to meeting the required lot, yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.13.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 20 feet in width along the affected rear and/or side yards as the case may be.

4.13.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Commercial and service establishments (unless otherwise specified): One space for each 150 square feet of nonstorage floor area.

2.

Child care centers and overnight child care centers: One space for each 300 square feet of floor area devoted to child care activities.

3.

Each residential dwelling unit: Two spaces for each dwelling unit.

Note: Off-street loading required (see section 4.2).

4.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

5.

Banks and financial institutions: One space for each 150 square feet of nonstorage floor area.

6.

Churches and other houses of worship: One space for each six seats in main auditorium.

7.

Other special exceptions as specified herein: To be determined by findings in the particular case.

(Ord. No. 05-21, § 2, 8-18-05; Ord. No. 06-23, § 1, 6-15-06; Ord. No. 07-12, §§ 3, 4, 4-19-07; Ord. No. 2011-12, § 20, 6-16-2011; Ord. No. 2013-11, § 11, 12-19-2013; Ord. No. 2018-01, § 11, 4-19-2018)

4.14.1. Districts and intent. The CG commercial, general category includes one zone district: CG. This district is intended for general retail commercial, office and service activities which serve a market area larger than a neighborhood. While some of the same types of uses are found in CN areas, the CG areas are generally greater in scale and intensity. Businesses in this category require locations convenient to automotive traffic and ample off-street parking is required, however, pedestrian traffic may also be found in this district. This district is not suitable for highly automotive-oriented uses and shall be located within the commercial land use classifications on the future land use plan map of the county's comprehensive plan.

4.14.2. Permitted principal uses and structures.

1.

Retail commercial outlets for sale of food, wearing apparel, fabric, toys, sundries and notions, books and stationery, leather goods and luggage, paint, glass, wallpaper, jewelry (including repair) art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops and pet shops (but not animal kennel), musical instruments, optical goods, television and radio (including repair incidental to sales), florist or gift shop, delicatessen, bake shop (but not wholesale bakery), drugs, plants and garden supplies (including outside storage of plants and materials), automotive vehicle parts and accessories (but not junk yards or automotive wrecking yards), and similar uses.

2.

Retail commercial outlets for sale of home furnishings (furniture, floor coverings, draperies, upholstery) and appliances (including repair incidental to sales), office equipment or furniture, hardware, second-hand merchandise in completely enclosed buildings, and similar uses.

3.

Service establishments such as barber or beauty shop, shoe repair shop, restaurant, interior decorator, photographic studio, art or dance or music studio, reducing salon or gymnasium, animal grooming, self-service laundry or dry cleaner, tailor or dressmaker, laundry or dry cleaning pickup station, and similar uses.

4.

Service establishments such as radio or television station (but not television or radio towers or antennae); funeral home, radio and television repair shop, appliance repair shop, letter shops and printing establishments, pest control, and similar uses.

5.

Medical or dental offices, clinics, and laboratories.

6.

Business and professional offices.

7.

Newspaper offices.

8.

Banks and financial institutions.

9.

Professional, business, and technical schools.

10.

Commercial recreational facilities in completely enclosed, sound-proof buildings, such as indoor motion picture theater, community or little theater, billiard parlor, bowling alley, indoor shooting/pistol ranges and similar uses.

11.

Hotels and motels.

12.

Dry cleaning and laundry package plants in completely enclosed buildings using nonflammable liquids such as perchlorethylene and with no odor, fumes, or steam detectable to normal senses from off the premises.

13.

Residential dwelling units, which existed within this district on the date of adoption or amendment of these land development regulations.

14.

Art galleries.

15.

Miscellaneous uses such as telephone exchange and commercial parking lots and parking garages.

16.

Recovery homes.

17.

Residential treatment facilities.

18.

Churches and other houses of worship.

19.

Medical marijuana dispensing facilities.

Medical marijuana dispensing facilities shall not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. Medical marijuana dispensing facilities shall comply with F.S. § 381.986, as amended.

Unless otherwise specified, the above uses are subject to the following limitations:

1.

Sale, display, preparation, and storage to be conducted within a completely enclosed building, and no more than 30 percent of floor space to be devoted to storage;

2.

Products to be sold only at retail; and

3.

Site and development plan approval (see Article 14) is required for the following uses:

a.

All commercial developments.

4.14.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

2.

On-site signs (see section 4.2).

4.14.4. Prohibited uses and structures.

1.

Manufacturing activities, except as specifically permitted.

2.

Warehousing or storage, except in connection with a permitted use.

3.

Off-site signs.

4.

Retail commercial outlets for sale of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, lumber and building supplies, and monuments.

5.

Motor vehicle body shop.

6.

Any other uses or structures not specifically, provisionally or by reasonable implication permitted herein. Any use which is potentially dangerous, noxious or offensive to neighboring uses in the district or to those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio or television reception, radiation, or likely for other reasons to be incompatible with the character of the district. Performance standards apply (see section 4.2).

4.14.5. Special exceptions. (see also articles 12 and 13.)

1.

Automotive service stations (see section 4.2 for special design standards for automotive service stations).

2.

Rental of automotive vehicles, trailers and trucks.

3.

Package store for sale of alcoholic beverages, bar, tavern or cocktail lounge.

4.

Hospitals and nursing homes.

5.

Motor bus or other transportation terminals.

6.

Child care centers and overnight child care centers, provided:

a.

No outdoor play activities shall be conducted before 8:00 a.m. or after 8:00 p.m.; and

b.

Provision is made for areas for off-street pick-up and drop-off of children.

7.

Public buildings and facilities.

8.

Private clubs and lodges.

9.

Mini-warehouses.

10.

Automotive self service station. (see section 4.2 for special design standards for automotive self-service stations).

4.14.6. Minimum lot requirements (area, width).

1.

All permitted uses and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.14.7. Minimum yard requirements (depth of front and rear yard, width of side yards). (See section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 ft.

Side: None, except where a side yard is provided, then a side yard of at least 10 ft. must be provided.

Rear: 15 ft.

2.

Child care centers and overnight child care centers:

Front: 20 ft.

Side: 10 ft. for each side yard.

Rear: 15 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

4.14.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.14.9. Maximum lot coverage by all buildings. In addition to meeting the required lot, yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.14.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 20 feet in width along the affected rear and/or side yards as the case may be.

2.

Existing single-family dwellings and mobile homes: None, except as necessary to meet other requirements set out herein.

4.14.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Commercial and service establishments (unless otherwise specified): One space for each 150 square feet of nonstorage floor area.

2.

Commercial establishments selling home furnishings and major appliances, and office equipment and furniture: One space for each 500 square feet of nonstorage floor area.

3.

Restaurants, cocktail lounges, bars, and taverns: One space for each three seats in public rooms.

4.

Funeral homes: One space for each three seats in the chapel.

5.

Medical or dental offices, clinics, or laboratories: One space for each 150 square feet of floor area.

6.

Business and professional offices: One space for each 200 square feet of floor area.

7.

Newspaper office: One space for each 350 square feet of floor area.

8.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

9.

Banks and financial institutions: One space for each 150 square feet of nonstorage floor area.

10.

Professional, business, and technical schools: One space for each 200 square feet of floor area.

11.

Community and little theaters, indoor motion picture theaters: One space for each four seats.

12.

Hotels and motels: One space for each sleeping room, plus two spaces for the owner or manager, plus required number of spaces for each accessory use such as restaurant, bar, etc., as specified.

13.

Dry cleaning and laundry package plants: One space for each 150 square feet of nonstorage floor area.

14.

Each residential dwelling unit: Two spaces for each dwelling unit.

15.

Churches and houses of worship: One space for each six permanent seats in main auditorium.

16.

Art galleries: One space for each 300 square feet of floor area.

17.

Dance, art, and music studios: One space for each 350 square feet of floor area.

18.

Private clubs and lodges: One space for each 300 square feet of floor area.

19.

Hospitals: One space for each bed.

20.

Nursing homes: One space for each three beds.

21.

Telephone exchange, motorbus or other transportation terminals: One space for each 350 square feet of floor area.

22.

Child care centers and overnight child care centers: One space for each 300 square feet of floor area devoted to child care activities.

23.

For other special exceptions as specified herein: To be determined by findings in the particular case.

Note: Off-street loading required (see section 4.2).

(Ord. No. 05-21, § 3, 8-18-05; Ord. No. 06-18, § 1, 4-20-06; Ord. No. 07-12, §§ 5, 6, 4-19-07; Ord. No. 2011-12, § 21, 6-16-2011; Ord. No. 2013-11, § 12, 12-19-2013; Ord. No. 2018-01, § 12, 4-19-2018; Ord. No. 2019-01, §§ 1, 2, 6-20-2019; Ord. No. 2020-01, § 1, 2-20-2020)

4.15.1. Districts and intent. The CI commercial, intensive category includes one zone district: CI. This district is intended for intensive, highly automotive-oriented uses that require a conspicuous and accessible location convenient to streets carrying large volumes of traffic and shall be located within commercial land use classifications on the future land use plan map of the county's comprehensive plan. Such activities generally require large land areas, do not cater directly in appreciable degree to pedestrians, and require ample off-street parking and off-street loading space. This district permits certain uses not of a neighborhood or general commercial type and serves the entire county.

4.15.2. Permitted principal uses and structures. As for CG, and in addition:

1.

Retail commercial outlets for sale of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, dairy supplies, feed, fertilizer, lumber and building supplies, monuments, and outdoor retail commercial display areas associated with sale of said items.

2.

Service establishments such as repair and service garage, motor vehicle body shop, carwash, auction house (but not including livestock auction arena), laundry or dry cleaning establishment, animal boarding kennels in soundproof buildings, plant nursery or landscape contractor, carpenter or cabinet shop, home equipment rental, ice delivery station, upholstery shop, marina and boat sales, commercial water softening establishment, rental of automotive vehicles, trailers, and trucks.

3.

Commercial recreation facilities such as drive-in theater (see section 4.2), golf driving range, miniature golf course, skating rink, skateboard arena, go-cart track, and similar uses.

4.

Palmist, astrologist, psychics, clairvoyants, and phrenologists.

5.

Miscellaneous uses such as express or parcel delivery office, motorbus or other transportation terminal.

6.

Wholesaling from sample stocks only, providing no manufacturing or storage for distribution is permitted on the premises.

Site and development plan approval (see article 14) is required for the following uses:

1.

All commercial developments.

4.15.3. Permitted accessory uses and structures.

1.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures.

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

2.

On-site signs (see also section 4.2).

3.

Outdoor storage yard in connection with permitted use only; provided, this provision shall not permit wrecking yards (including automobile wrecking yard), junkyards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

4.15.4. Prohibited uses and structures.

1.

Manufacturing activities, except as specifically permitted.

2.

Any other uses or structures not specifically, provisionally or by reasonable implication permitted herein. Any use which is potentially dangerous, noxious or offensive to neighboring uses in the district or to those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio or television reception, radiation or likely for other reasons to be incompatible with the character of the district. Performance standards apply (see section 4.2).

4.15.5. Special exceptions. (see also articles 12 and 13.)

1.

Wholesale, warehouse or storage use in completely enclosed buildings. However, bulk storage of flammable liquids is not permitted.

2.

Package store for sale of alcoholic beverages, bar, tavern or cocktail lounge.

3.

Off-site signs (see also section 4.2).

4.

Truck stops and automotive service stations (see section 4.2 for special design standards for automotive service stations).

5.

Service establishments such as crematory.

6.

Agricultural fairs and fairground activities, livestock auction arenas.

7.

Commercial tourist attractions.

8.

Building trades contractor with on premises storage yard for materials and equipment.

9.

Public buildings and facilities.

10.

Private clubs and lodges.

11.

Mini-warehouses.

4.15.6. Minimum lot requirements (area, width).

1.

All permitted uses and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.15.7. Minimum yard requirements (depth of front and rear yard, width of side yard). (See section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 ft.

Side: None, except where a side yard is provided, and then aside yard of at least 10 ft. must be provided.

Rear: 15 ft.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

4.15.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.15.9. Maximum lot coverage by all buildings. In addition to meeting the required lot, yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.15.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 20 feet in width along the affected rear and/or side yards as the case may be.

2.

Existing single-family dwellings and mobile homes: None, except as necessary to meet other requirements set out herein.

4.15.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

For uses specifically listed under CG: As for CG off-street parking requirements.

2.

Commercial or service establishments (unless otherwise specified), agricultural fairs and fairgrounds, livestock auction arena: One space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Express or parcel delivery office, motorbus or other transportation terminal: One space for each 350 square feet of floor area.

4.

Palmist, astrologist, psychics, clairvoyants, and phrenologist: One space for each 200 square feet of floor area.

5.

Wholesale establishments: One space for each 500 square feet of floor area.

6.

Warehouse or storage use only: One space for each 1,500 square feet of floor area.

7.

Each existing residential dwelling unit: Two spaces for each dwelling unit.

Note: Off-street loading required (see section 4.2).

(Ord. No. 06-18, § 2, 4-20-06; Ord. No. 07-12, § 7, 4-19-07; Ord. No. 2011-12, § 22, 6-16-2011; Ord. No. 2013-11, § 13, 12-19-2013)

4.16.1. Districts and intent. The ILW industrial, light and warehousing category includes one zone district: ILW. This district is intended for light manufacturing, processing, storage and warehousing, wholesaling, and distribution within lands classified as industrial on the future land use plan map of the county's comprehensive plan. Service and commercial activities relating to the character of the district and supporting its activities are permitted. Certain commercial uses relating to automotive and heavy equipment sales and repair are permitted, but this district shall not be deemed commercial in character. Regulations for this district are intended to prevent or reduce adverse impacts between the uses in this district, and also to protect nearby residential and commercial districts. Performance standards are applied at lot lines (see article [section] 4.2).

4.16.2. Permitted principal uses and structures.

1.

Wholesaling, warehousing, storage or distribution establishments and similar uses.

2.

Research laboratories and activities in completely enclosed buildings.

3.

Light manufacturing, assembling, processing (including food processing, but not slaughterhouses), packaging or fabricating in completely enclosed building.

4.

Printing, lithographing, publishing, photographic processing, blueprinting or similar establishments.

5.

Outdoor storage yards and lots, provided, this provision shall not permit wrecking yards (including automobile wrecking yards), junkyards, or yards used in whole or in part for scrap or salvage operations or for processing, storage, display, or sales of any scrap, salvage, or secondhand building materials, junk automotive vehicles, or secondhand automotive parts.

6.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shop; establishments for sale of farm supplies, lumber and building supplies, monuments, automotive vehicle parts and accessories (but not junkyards or automotive vehicle wrecking yards); and similar uses.

7.

Service establishments catering to commerce and industry including linen supply, freight movers, communications services, business machine services, canteen service, restaurant, employment agency, sign company, pest control, water softening establishment and similar uses.

8.

Service establishments such as crematory.

9.

Vocational, technical, trade, or industrial schools and similar uses.

10.

Medical clinic in connection only with industrial activity.

11.

Miscellaneous uses such as express or parcel delivery office, telephone exchange, commercial parking lots and garages, motorbus or truck or other transportation terminal.

12.

Radio and television stations.

13.

Building trades contractor including on-premises storage yard for materials and equipment, but no manufacturing of concrete or asphalt is permitted.

14.

Railroad switching, freight, and storage yards; railroad buildings and maintenance structures.

Site and development plan approval (see section [sic] article 14) is required for the following uses:

1.

All commercial or industrial developments.

4.16.3. Permitted accessory uses and structures.

1.

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

2.

On-site signs (see section 4.2).

4.16.4. Prohibited uses and structures. Any uses or structures not specifically, provisionally, or by reasonable implication permitted herein, including the following, which are listed for purposes of emphasis:

1.

Petroleum bulk storage and sales.

2.

Yards or lots for scrap or salvage operations or for processing, storage, display, or sale of any scrap, salvage, or second-hand building materials and automotive vehicle parts.

3.

Wrecking yards (including automotive vehicle wrecking yards) and junk yards.

4.

Manufacturing activities not in completely enclosed buildings.

5.

Any use not conforming to performance standards of article 14.

6.

Medical marijuana dispensing facilities.

4.16.5. Special exceptions. (See also articles 12 and 13.)

1.

Off-site signs (see also section 4.2).

2.

Truckstops and automotive service and self-service stations (see section 4.2 for special design standards for automotive service stations).

3.

Public buildings and facilities.

4.16.6. Minimum lot requirements (area, width).

1.

All permitted [uses] and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.16.7. Minimum yard requirements (depth of front and rear yard, width of side yard). (See section 4.2 for right-of-way setback requirements.)

1.

All permitted or permissible uses and structures (unless otherwise specified):

Front: 20 ft., of which no less than one-half the depth shall be maintained as a landscaped area; the remainder may be used for off-street parking, but not for buildings. The depth of this landscaped area shall be measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines. This landscaped area may be penetrated at right angles by drive-ways.

Side and rear: 15 ft. except where railroad spur abuts side or rear property line, in which case no yard is required.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

4.16.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2 for exceptions).

4.16.9. Maximum lot coverage by all buildings. In addition to meeting the required lot, yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.16.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 25 feet in width along the affected rear and/or side yards as the case may be.

4.16.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Warehousing and storage only: One space for each 1,500 square feet of floor area.

2.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shops; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and automotive vehicle parts and accessories; crematories; and similar uses: One space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Restaurants: One space for each three seats in public rooms.

4.

Miscellaneous uses such as express or parcel delivery office, telephone exchange, motorbus or truck or other transportation terminal: One space for each 350 square feet of floor area.

5.

For uses specifically listed under CI: As for CI off-street parking requirements.

6.

Other permitted uses (unless otherwise specified): One space for each 500 square feet of floor area.

Note: Off-street loading required (see section 4.2).

(Ord. No. 2013-11, § 14, 12-19-2013; Ord. No. 2018-01, § 13, 4-19-2018)

4.17.1. Districts and intent. The I industrial category includes one zone district: I. This district is intended primarily for manufacturing and closely related uses within lands classified as industrial on the future land use plan map of the county's comprehensive plan. It is intended to preserve such lands for the functions of industrial activity, wholesaling, warehousing and distribution. To allow maximum latitude for operations, performance standards are applied at district boundaries, so that uses which might not otherwise be permitted are allowable in the portions of the district not adjacent to the district boundary lines.

4.17.2. Permitted principal uses and structures. As for ILW, and in addition:

1.

Any industrial use which is otherwise lawful (except those uses requiring special controls and permissible as special exceptions) and which conforms to performance standards as set out in article [section] 4.2.

Site and development plan approval (see article 14) is required for the following uses:

1.

All industrial developments.

4.17.3. Permitted accessory uses and structures.

1.

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures.

2.

On-site signs (see section 4.2).

4.17.4. Prohibited uses and structures. Any uses or structures not specifically, provisionally, or by reasonable implication permitted herein, including any use not conforming to performance standards of article [section] 4.2 and including new residential uses.

4.17.5 Special exceptions.

1.

Wrecking yards (including automobile wrecking yard); junk yards; or yards used for scrap, salvage, second-hand building materials, junk automotive vehicles, or second-hand automotive parts, subject to the following provisions:

a.

Any such yard shall be completely enclosed by an opaque fence or wall not less than six feet high; provided that this fence or wall shall not be built of tin or galvanized metal sheets. Where a landscape buffer is provided to meet the requirement, such landscape buffer shall be at least 80 percent opaque and shall be of plant material which maintains such opaque quality throughout the year. A landscape buffer shall not be placed in lieu of a fence or wall along any lot line of a wrecking yard parallel to a roadway. Such fence, wall or landscape buffer shall be maintained and continued so long as the main use continues. Failure to maintain such fence, wall or landscape buffer shall be a violation of these land development regulations.

b.

Such yards shall maintain a 20 feet setback from any contiguous property line. No line listed in the definitions of automobile wrecking yard or junk yard shall be permitted to be placed in said setback.

c.

Such yards shall not be located in flood Zone A or AE, as demarcated on the Flood Insurance Rate Map (FIRM), except for non-conforming uses which existed prior to the adoption of these land development regulations.

2.

Bulk storage yards including bulk storage of flammable liquids, subject to provisions of local and state fire codes.

3.

Chemical and fertilizer manufacture.

4.

Paint, oil (including linseed), shellac, turpentine, lacquer or varnish manufacture.

5.

Paper and pulp manufacture.

6.

Petroleum refining.

7.

Rendering plant.

8.

Storage, sorting, collecting or baling of rags, iron or junk.

9.

Off-site signs (see section 4.2).

10.

Truck stops and automotive service and self-service stations (see section 4.2 for special design standards for automotive service stations).

11.

Electric or gas generating plants.

12.

Asphalt or concrete batching plants.

13.

Uses similar to those listed above.

14.

Public buildings and facilities.

4.17.6. Minimum lot requirements (area, width).

1.

All permitted uses and structures (unless otherwise specified):

Minimum lot area: None.

Minimum lot width: None.

4.17.7. Minimum yard requirements (depth of front and rear yard, width of side yards). (See section 4.2 for right-of-way setback requirements.)

1.

All permitted uses and structures (unless otherwise specified):

Front: 20 ft.

Side and rear: 15 ft. except where railroad spur abuts side or rear property line, in which case no yard is required.

Special provisions: A minimum undisturbed, vegetated buffer of 50 feet measured from the generally recognized river bank of all perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

4.17.8. Maximum height of structures. No portion shall exceed 35 feet (see also section 4.2).

4.17.9. Maximum lot coverage by all buildings. In addition to meeting the required lot, yard, building height, landscaped buffering, and off-street parking requirements of this section, no structure shall exceed a 1.0 floor area ratio.

4.17.10. Minimum landscaped buffering requirements. (See also section 4.2.)

1.

All permitted uses (unless otherwise specified): Where a use listed under (1) above is erected or expanded on land abutting a residential district, then the proposed use shall provide a landscaped buffer which shall be not less than 25 feet in width along the affected rear and/or side yards as the case may be.

4.17.11. Minimum off-street parking requirements. (See also section 4.2.)

1.

Warehousing and storage only: One space for each 1,500 square feet of floor area.

2.

Retail commercial establishments for sale, repair, and service of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, heavy machinery and equipment, and farm equipment; motor vehicle body shops; retail establishments for sale of farm supplies, lumber and building supplies, monuments, and automotive vehicle parts and accessories; wrecking yards; and similar uses: One space for each 350 square feet of floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

3.

Restaurants: One space for each three seats in public rooms.

4.

Miscellaneous uses such as express or parcel delivery office, telephone exchange, motorbus or truck or other transportation terminal: One space for each 350 square feet of floor area.

5.

For uses specifically listed under ILW: As for ILW off-street parking requirements.

6.

Other permitted uses (unless otherwise specified): One space for each 500 square feet of floor area.

Note: Off-street loading required (see section 4.2).

(Ord. No. 06-08, § 2, 3-16-06; Ord. No. 07-45, § 1, 10-18-07; Ord. No. 2013-11, § 15, 12-19-2013)

4.18.1. Districts and intent. The PRD planned residential development category includes one zone district: PRD. The purpose of this district is to permit planned residential developments within designated urban development areas as defined within the county's comprehensive plan, which are intended to: (1) encourage the development of planned residential development of land; (2) encourage flexible and creative concepts of site planning; (3) preserve the natural amenities of the land by encouraging scenic and functional open areas; (4) accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations; (5) provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and (6) provide a stable environmental character compatible with surrounding areas.

4.18.2. Permitted principal uses and structures.

1.

Residential dwellings including conventional single-family dwellings, duplex dwellings, and multiple-family dwellings.

2.

Public or private schools offering curricula comparable to that of public schools.

3.

Churches and other houses of worship.

4.

Golf courses, county clubs, and racquet and tennis clubs.

5.

Public buildings and facilities.

6.

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see section 4.2).

7.

Community residential homes within multiple dwelling unit areas of planned residential development (see section 4.2).

4.18.3. Permitted accessory uses and structures.

1.

On-site signs (see also section 4.2).

2.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures;

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership; and

c.

Do not involve operations or structures not in keeping with the character of the district.

4.18.4. Special exceptions. (See also articles 12 and 13.)

1.

Home occupations (see article 2.1).

4.18.5. Definitions. In addition to the definitions contained in article 2, the following terms, phrases, words, and derivations shall have the following meaning:

1.

Applicant. Applicant is a landowner or the landowner's agent who files a petition for a zoning amendment to a planned residential development district.

2.

Development plan. Development plan is the proposal for development of a planned residential development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

3.

Common open space. Common open space is an area of land, or an area of water, or a combination of land and water, within the area of a planned residential development in common. Common open space may contain such recreational structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the planned residential development.

4.

Gross density. Gross density is the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned residential development.

5.

Net residential acreage. Net residential acreage is the total number of acres within the perimeter boundaries of a planned residential development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted nonresidential uses.

6.

Planned residential development. Planned residential development (PRD): (a) is a concept which required [requires] land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related uses and facilities; (b) is a plan which, when adopted, becomes the land development regulations for the land to which it is applied; (c) includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and (d) is a concept which, when implemented, allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

4.18.6. Procedure for approval of a planned residential development.

1.

Planned residential development zoning and preliminary development plan approval. The applicant shall submit to the land development regulation administrator a request for change to a planned residential development zoning district containing the following exhibits:

a.

A statement of objectives describing:

i.

The general purpose of the proposed development; and

ii.

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned residential development in relation to:

i.

Surrounding streets and thoroughfares;

ii.

Existing zoning on the site and surrounding areas; and

iii.

Existing land use on the site and surrounding areas.

The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the planning and zoning board determines information on a larger vicinity is needed.

c.

A boundary survey and legal description of the property.

d.

A topographic survey. The most recent United States Geological Service topographic survey may be used if better topographic information is not available.

e.

A site analysis map at the same scale as the preliminary development plan described below shall be submitted indicating flood prone areas, areas with slopes greater than five percent, areas of soils which are marginally suited for development purposes and tree cover.

f.

A preliminary development plan drawn at a scale suitable for presentation, showing:

i.

Proposed land uses;

ii.

Lot sizes indicated either by lot lines drawn in their proposed location or a statement on the face of the preliminary development plan concerning proposed lot sizes, including minimum lot sizes; and

iii.

Building setbacks defining the distance buildings will be set back from:

(1)

Surrounding property lines;

(2)

Proposed and existing streets;

(3)

Other proposed buildings;

(4)

The center line of rivers, streams, and canals;

(5)

The high water line of lakes; and

(6)

Other man-made or natural features which would be affected by building encroachment;

iv.

Maximum height of buildings;

v.

Common open spaces;

vi.

Arterial and collector streets and thoroughfares; local access streets and interior circulation should be shown on the preliminary development plan for planned residential developments which have no planned arterial or collector streets within the projects.

vii.

Common outside storage areas; and

viii.

Screening, buffering, and landscaped buffer areas.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

g.

A table showing acreage for each category of land use.

h.

A statement concerning gross density and net residential acreage (see section 4.18.5 for definition of gross density and net residential acreage).

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

2.

Processing the planned residential development zoning application and preliminary development plan submittals. When the land development regulation administrator has received the application and submittals, and is satisfied that the application and submittal's are complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations.

The planning and zoning board shall make a recommendation to the board of county commissioners. The board of county commissioners' actions shall be one of the following:

a.

Approval as submitted.

b.

Conditional approval.

c.

Disapproval.

3.

Final development plan. If the preliminary development plan for the planned residential development is approved, the applicant shall submit a final development plan covering all or part of the approved preliminary development plan within 12 months to the land development regulation administrator. Thirty days prior to any lapse date, the land development regulation administrator shall notify the board of county commissioners and the applicant of such date. Such notice to the applicant shall be mailed via certified mail return receipt requested. If a final development plan is not submitted within this 12-month period or an additional 12-month period granted by the board of county commissioners, the land development regulation administrator shall cause the planned residential development district to be removed from the official zoning atlas and reinstate the zoning district in effect prior to approval of the planned residential development. The board of county commissioners may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made by the applicant prior to the expiration of the initial approval period.

The final development plan shall include the following exhibits:

a.

A statement of objectives:

(1)

The general purpose of the proposed development.

(2)

The general character of the proposed development.

b.

A topographic map drawn at a scale of 100 feet to one inch by a surveyor or engineer registered in the State of Florida showing:

(1)

The location of existing private and public property rights-of-way, streets, buildings, water courses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements;

(2)

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site; and

(3)

Existing contours at intervals of one foot.

c.

A final development plan drawn at a scale of 100 feet to one inch and showing:

(1)

The boundaries of the site, topography, and proposed grading plan;

(2)

Width, location, and names of surrounding streets;

(3)

Surrounding land use;

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking;

(5)

The use, size, and location of all proposed building sites; and

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing drainage and sewer lines;

(2)

The disposition of sanitary waste and storm water;

(3)

The source of potable water;

(4)

Location and width of all utility easements or rights-of-way; and

(5)

Plans for the special disposition of storm water drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

(1)

Landscaped areas;

(2)

Location, height, and material for walks, fences, walkways, and other man-made landscape features; and

(3)

Any special landscape features such as, but not limited to, man-made lakes, land sculpture, and waterfalls.

f.

Statistical information:

(1)

Total acreage of the site;

(2)

Maximum building coverage expressed as a percent of the area;

(3)

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area; and

(4)

Calculated gross density and net residential acreage for the proposed development (see section 4.18.5 for definition of gross density and net residential acreage).

g.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, shall be approved by the county attorney before final approval of the plan.

4.18.7. Issuance of building permits. No building permit shall be issued for any portion of a proposed planned residential development until the final development plan has been approved.

4.18.8. Revision of a planned residential development. A proposed substantial change in the approved preliminary development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the Planning and Zoning Board and the Board of County Commissioners in the same manner as the initial application. A request for a revision of the preliminary development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary development plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan.

Minor changes, and/or deviations from the preliminary development plan which do not affect the intent or character of the development shall be reviewed by the Land Development Regulation Administrator and shall be approved only if they are consistent with the original purpose, intent and overall design and integrity of the approved preliminary development plan. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the Land Development Regulation Administrator within 30 days.

Examples of substantial and minor changes are:

Substantial changes:

1.

Perimeter changes.

2.

Major street relocation.

3.

Change in building height, density, land use patterns, or buffers.

Minor:

1.

Change in alignment, location, or length of local street.

2.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

3.

Reorientation or slight shifts in building locations.

4.18.9. Planned residential development time limitations. If substantial construction, as determined by the Land Development Regulation Administrator, has not begun within two years after approval of the final development plan, the approval of the planned residential development will lapse. Thirty days prior to any lapse date, the Land Development Regulation Administrator shall notify the Board of County Commissioners and the applicant of such date. Such notice to the applicant shall be mailed via certified mail return receipt requested. The Board of County Commissioners may extend the period for beginning construction, at the request of the applicant, for a period not to exceed an additional two years, provided the request for extension is made prior to the expiration of the initial approval period. If the planned residential development lapses under this provision, the Land Development Regulation Administrator shall cause the planned residential development district to be removed from the official zoning atlas and reinstate the zoning district which was in effect prior to the approval of the planned residential development.

4.18.10. Deviation from the final development plan. Any unapproved deviation from the accepted final development plan shall constitute a breach of agreement between the applicant and the Board of County Commissioners. Such deviation may cause the county to immediately revoke the final development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

4.18.11. Phasing. The Board of County Commissioners may permit or require the phasing of a planned residential development. When provisions for phasing are included in the final development plan, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services so that a failure to proceed with subsequent phases of development will have no adverse impact on the planned residential development or surrounding properties.

4.18.12. Development standards for planned residential developments.

1.

[Minimum size parcel.] The minimum size parcel for planned residential development shall be five acres.

2.

Conformance with the comprehensive plan. Densities for planned residential developments shall be based upon and be consistent with the comprehensive plan. No final development plan may be approved unless it is in conformance with the comprehensive plan.

3.

Relationship to zoning district. An approved planned residential development is a separate zoning district in which the final development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning atlas shall be changed to indicate the area as a planned residential development.

4.

Residential density and housing types. Any combination of residential density and housing types is permitted for a planned residential development, as long as the overall gross density does not exceed the prescribed total number of dwelling units of the comprehensive plan land use classifications contained on the project site.

5.

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final development plan subject to minimum lot sizes, setback lines, lot coverage and floor area specified by the preliminary development plan as approved by the board of county commissioners.

6.

Internal compatibility. All land uses proposed within a planned residential development shall be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility by a planned residential development shall be based on the following factors:

a.

The existence or absence of and the location of common open spaces and recreational areas;

b.

The use of existing and proposed landscaping;

c.

The treatment of pedestrian ways;

d.

The use of topography, physical environment, and other natural features;

e.

The traffic and pedestrian circulation pattern;

f.

The use and variety of building setback lines, separations and buffering;

g.

The use and variety of building groupings;

h.

The use and variety of building sizes;

i.

The separation and buffering of parking areas and sections of parking area;

j.

The variety and design of dwelling types;

k.

The proposed land uses and the conditions and limitations thereon;

l.

The form of ownership proposed for various uses; and

m.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the planned residential development.

7.

External compatibility. All land uses proposed within a planned residential development shall be compatible with existing and planned uses of properties surrounding the planned residential development; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a planned residential development should be based on the following factors:

a.

All of these factors listed in this section, with particular attention to those areas of the planned residential development located on or near its perimeter;

b.

The uses proposed near the planned residential development perimeter and the conditions and limitations thereon;

c.

The type, number, and location of surrounding external uses;

d.

The comprehensive plan designation and zoning on surrounding lands; and

e.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the planned residential development and any existing or planned use of such lands.

8.

Intensity of development. The residential density and intensity of use of a planned residential development shall be compatible with, and shall have no undue adverse impact upon, the physical and environmental characteristics of the site and surrounding lands, and they shall comply with the policies and density limitations set forth in the comprehensive plan. Specific densities and intensity of uses within a planned residential development shall be determined based on the following factors:

a.

The locations of various proposed uses within the planned residential development and the degree of compatibility of such uses with each other and with surrounding uses;

b.

The amount and type of protection provided for the safety, habitability, and privacy of land uses both internal and external to the planned residential development;

c.

The existing residential density and intensity of use of surrounding lands;

d.

The availability and location of utility services and public facilities and services;

e.

The amount and size of common open spaces and recreation areas;

f.

The existence and treatment of any environmentally sensitive areas on the planned residential development property or surrounding lands;

g.

The access to and suitability of transportation arteries proposed within the planned residential development and existing external transportation systems and arteries; and

h.

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare, and safety.

9.

Common open space. At least 15 percent of the area covered by a final development plan shall be usable, common open space owned and operated by the applicant or dedicated to a homeowner association or similar group, provided that in establishing the density per gross acre the board of county commissioners may increase the percentage of common open space in order to carry out the intent and purpose set forth in this Article; and provided that any planned residential development which only consists of one family dwellings with individually deeded lots shall only be required to have five percent usable, common open space. Not more than one-half of the total common open space area may be in a flood plain, buffer area, and/or water bodies.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

10.

Access and parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Adequate off-street parking shall meet the requirements specified for the uses found in the district regulations and section 4.2 of these land development regulations.

11.

External transportation access. A planned residential development shall provide direct access to, a major street (arterial or collector) unless, due to the size of the planned residential development and the type of uses proposed, it will not adversely affect the traffic on adjoining minor (local) streets.

12.

Internal transportation access. Every dwelling unit or other use permitted in a planned residential development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to county specifications as found in the county's subdivision regulations (see Article 5). If the planned residential development contains private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners association or similar group.

13.

Perimeter requirements. Structures, buildings and streets located at the perimeter of the development shall be permanently screened by a landscaped buffer area (see section 4.2).

14.

Control of area following completion. After completion of a planned residential development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the final development plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

a.

Minor extensions, alterations or modifications of existing buildings or structures may be permitted after review and approval by the land development regulation administrator, provided they are substantially consistent with the original purpose, intent, overall design, and integrity of the final development plan.

b.

Substantial change in permitted uses, location of buildings, or other specifications of the final development plan may be permitted following public hearing and approval by the board of county commissioners upon receipt of the recommendation of the planning and zoning board, as long as such changes are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

(Ord. No. 2013-11, §§ 16, 17, 12-19-2013)

4.19.1. Districts and intent. The PRRD planned rural residential development category includes one zone district: PRRD. The purpose of this district is to permit planned rural residential developments within the county's rural areas as identified within the county's comprehensive plan, which are intended to: (1) encourage the development planned residential development of land; (2) encourage flexible and creative concepts of site planning; (3) provide for rural residential development and agricultural and silviculture uses; (4) accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations; (5) provide for an efficient use of land resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and (6) provide a stable environmental character compatible with surrounding areas.

4.19.2. Permitted principal uses and structures.

1.

Residential dwellings including single-family dwellings, duplex dwellings, and multiple-family dwellings.

2.

Public or private schools offering curricula comparable to that of public schools.

3.

Churches and other houses of worship.

4.

Golf courses, county clubs, and racquet and tennis clubs.

5.

Public buildings and facilities.

6.

Within the designated undeveloped areas of the planned rural residential development, agriculture or silviculture uses as provided for in the agriculture (A) districts or environmentally sensitive areas (ESA) districts as the case may be for the zoning district classification encompassing the development site.

7.

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (refer to section 4.2).

8.

Community residential homes within multiple dwelling unit areas of the planned rural residential development (refer to section 4.2).

4.19.3. Permitted accessory uses and structures.

1.

On-site signs (see also section 4.2).

2.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures;

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership; and

c.

Do not involve operations or structures not in keeping with the character of the district.

4.19.4. Special exceptions. (See also articles 12 and 13.)

1.

Home occupations (see article 2.1).

4.19.5. Definitions. In addition to the definitions contained in article 2, the following terms, phrases, words, and derivations shall have the following meaning:

1.

Applicant. Applicant is a landowner or the landowner's agent who files a petition for a zoning amendment to a planned rural residential development district.

2.

Development plan. Development plan is the proposal for development of a planned rural residential development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, undeveloped area, and public facilities.

3.

Gross density. Gross density is the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned rural residential development.

4.

Net residential acreage. Net residential acreage is the total number of acres within the perimeter boundaries of a planned rural residential development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted uses.

5.

Planned rural residential development. Planned rural residential development (PRRD): (a) is a concept which requires land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related uses and facilities; (b) is a plan which, when adopted, becomes the land development regulations for the land to which it is applied; (c) includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and (d) is a concept which, when implemented, allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

6.

Undeveloped area. Undeveloped area within a planned rural residential development, as required by these land development regulations, is an area designed and intended for agricultural uses (not to include intensive agricultural uses), silvicultural uses and conservation uses. It is not the intent that such undeveloped area be established perpetually. Therefore, at some future time, the county's comprehensive plan and these land development regulations may be amended to allow other uses to occur within the undeveloped area.

4.19.6. Procedure for approval of a planned rural residential development.

The procedure for obtaining a change in zoning for the purpose of undertaking a planned rural residential development shall be as follows:

1.

Planned rural residential development zoning and preliminary development plan approval. The applicant shall submit to the land development regulation administrator his or her request for change to a planned rural residential development zoning district containing the following exhibits:

a.

A statement of objectives describing:

i.

The general purpose of the proposed development; and

ii.

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned rural residential development in relation to:

i.

Surrounding streets and thoroughfares;

ii.

Existing zoning on the site and surrounding areas; and

iii.

Existing land use on the site and surrounding areas.

The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the planning and zoning board determines information on a larger vicinity is needed.

c.

A boundary survey and legal description of the property.

d.

A topographic survey. The most recent United States Geological Service topographic survey may be used if better topographic information is not available.

e.

A site analysis map at the same scale as the preliminary development plan described below shall be submitted indicating flood prone areas, areas with slopes greater than five percent, areas of soils which are marginally suited for development purposes and tree cover.

f.

A preliminary development plan drawn at a scale suitable for presentation, showing the following:

i.

Proposed land uses;

ii.

Lot sizes; the lot sizes should be indicated either by lot lines drawn in their proposed location or a statement on the face of the preliminary development plan concerning proposed lot sizes;

iii.

Building setbacks; building setbacks should be noted and shall define the distance buildings will be set back from:

(1)

Surrounding property lines;

(2)

Proposed and existing streets;

(3)

Other proposed buildings;

(4)

The center line of rivers, streams, and canals;

(5)

The high water line of lakes;

(6)

Other man-made or natural features which would be affected by building encroachment;

iv.

Maximum height of buildings;

v.

Undeveloped areas;

vi.

Arterial and collector streets and thoroughfares; local access streets and interior circulation should be shown on the preliminary development plan for planned rural residential developments which have no planned arterial or collector streets within the projects;

vii.

Common outside storage areas; and

viii.

Screening, buffering, and landscaped buffer areas.

Special provisions:

A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

g.

A table showing acreage for each category of land use.

h.

A statement concerning gross density and net residential acreage (see section 2.1 for definition of gross density and net residential acreage).

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

2.

Processing the planned rural residential development zoning application and preliminary development plan submittals. When the land development regulation administrator has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations.

The planning and zoning board shall make a recommendation to the board of county commissioners. The board of county commissioners' actions shall be one of the following:

a.

Approval as submitted.

b.

Conditional approval.

c.

Disapproval.

3.

Final development plan. If the preliminary development plan for the planned rural residential development is approved, the applicant shall submit a final development plan covering all or part of the approved preliminary development plan within 12 months to the land development regulation administrator. Thirty days prior to any lapse date, the land development regulation administrator shall notify the board of county commissioners and the applicant of such date. Such notice to the applicant shall be mailed via certified mail return receipt requested. If a final development plan is not submitted within this 12-month period or an additional 12-month period granted by the board of county commissioners, the land development regulation administrator shall cause the planned rural residential development district to be removed from the official zoning atlas and reinstate the zoning district in effect prior to approval of the planned rural residential development. The board of county commissioners may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made by the applicant prior to the expiration of the initial approval period.

The final development plan shall include the following exhibits:

a.

A statement of objectives:

i.

The general purpose of the proposed development.

ii.

The general character of the proposed development.

b.

A topographic map drawn at scale of 100 feet to one inch by a surveyor or engineer registered in the State of Florida showing:

i.

The location of existing private and public property rights-of-way, streets, buildings, water courses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements.

ii.

Wooded areas, streams, lakes, marshes, and any other physical conditions affecting the site.

iii.

Existing contours at intervals of one foot.

c.

A final development plan drawn at a scale of 100 feet to one inch and showing:

i.

The boundaries of the site, topography, and proposed grading plan.

ii.

Width, location, and names of surrounding streets.

iii.

Surrounding land use.

iv.

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking.

v.

The use, size, and location of all proposed building sites.

vi.

Location and size of undeveloped areas and public or semi-public areas.

d.

A utility service plan showing:

i.

Existing drainage and sewer lines.

ii.

The disposition of sanitary waste and storm water.

iii.

The source of potable water.

iv.

Location and width of all utility easements or rights-of-way.

v.

Plans for the special disposition of storm water drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

i.

Landscaped areas.

ii.

Location, height, and material for walks, fences, walkways, and other man-made landscape features.

iii.

Any special landscape features such as, but not limited to, man-made lakes, land sculpture, and waterfalls.

f.

Statistical information:

i.

Total acreage of the site.

ii.

Maximum building coverage expressed as a percent of the area.

iii.

Area of land devoted to landscaping and/or undeveloped area usable for recreation purposes expressed as a percent of the total site area.

iv.

Calculated gross density and net residential acreage for the proposed development (see section 2.1 for definition of gross density and net residential acreage).

g.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, shall be approved by the county attorney before final approval of the plan.

4.19.7. Issuance of building permits. No building permit shall be issued for any portion of a proposed planned rural residential development until the final development plan has been approved.

4.19.8. Revision of a planned rural residential development. A proposed substantial change in the approved preliminary development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the Planning and Zoning Board and the Board of County Commissioners in the same manner as the initial application. A request for a revision of the preliminary development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary development plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan.

Minor changes, and/or deviations from the preliminary development plan which do not affect the intent or character of the development shall be reviewed and approved by the Land Development Regulation Administrator and shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the Land Development Regulation Administrator within 30 days.

Examples of substantial and minor changes are:

Substantial changes:

1.

Perimeter changes.

2.

Major street relocation.

3.

Change in building height, density, land use patterns, or buffers.

Minor:

1.

Change in alignment, location, or length of local street.

2.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

3.

Reorientation or slight shifts in building locations.

4.19.9. Planned rural residential development time limitations. If substantial construction, as determined by the Land Development Regulation Administrator, has not begun within two years after approval of the final development plan, the approval of the planned rural residential development will lapse. Thirty days prior to any lapse date, the Land Development Regulation Administrator shall notify the Board of County Commissioners and the applicant of such date. Such notice to the applicant shall be mailed via certified mail return receipt requested. The Board of County Commissioners may extend the period for beginning construction, at the request of the applicant, for a period not to exceed an additional two years, provided the request for extension is made prior to the expiration of the initial approval period. If the planned rural residential development lapses under this provision, the Land Development Regulation Administrator shall cause the planned rural residential development district to be removed from the official zoning atlas and reinstate the zoning district which was in effect prior to the approval of the planned rural residential development.

4.19.10. Deviation from the final development plan. Any unapproved deviation from the accepted final development plan shall constitute a breach of agreement between the applicant and the Board of County Commissioners. Such deviation may cause the county to immediately revoke the final development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

4.19.11. Phasing. The Board of County Commissioners may permit or require the phasing of a planned rural residential development. When provisions for phasing are included in the final development plan, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services so that a failure to proceed with subsequent phases of development will have no adverse impact on the planned rural residential development or surrounding properties.

4.19.12. Development standards for planned rural residential developments.

1.

[Minimum size parcel.] The minimum size parcel for planned rural residential development shall be ten acres.

2.

Conformance with the comprehensive plan. Densities for planned rural residential developments shall be based upon and be consistent with the comprehensive plan. No final development plan may be approved unless it is in conformance with the comprehensive plan.

3.

Relationship to zoning district. An approved planned rural residential development is a separate zoning district in which the final development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning atlas shall be changed to indicate the area as a planned rural residential development.

4.

Residential density and housing types. Any combination of residential density and housing types is permitted for a planned rural residential development, as long as the overall gross density does not exceed the prescribed total number of dwelling units of the comprehensive plan land use classifications contained on the project site.

5.

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final development plan subject to minimum lot sizes, setback lines, lot coverage and floor area, specified by the preliminary development plan as approved by the board of county commissioners.

6.

Internal compatibility. All land uses proposed within a planned rural residential development shall be compatible with other proposed uses; that is, no use may have any undue adverse impact on any neighboring use. An evaluation of the internal compatibility by a planned rural residential development shall be based on the following factors:

a.

The existence or absence of and the location of undeveloped areas and recreational areas;

b.

The use of existing and proposed landscaping;

c.

The treatment of pedestrian ways;

d.

The use of topography, physical environment, and other natural features;

e.

The traffic and pedestrian circulation pattern;

f.

The use and variety of building setback lines, separations and buffering;

g.

The use and variety of building groupings;

h.

The use and variety of building sizes;

i.

The separation and buffering of parking areas and sections of parking area;

j.

The variety and design of dwelling types;

k.

The proposed land uses and the conditions and limitations thereon;

l.

The form of ownership proposed for various uses; and

m.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the planned rural residential development.

7.

External compatibility. All land uses proposed within a planned rural residential development shall be compatible with existing and planned uses of properties surrounding the planned rural residential development; that is, no internal use may have any avoidable or undue adverse impact on any existing or planned surrounding use, nor shall any internal use be subject to undue adverse impact from existing or planned surrounding uses. An evaluation of the external compatibility of a planned rural residential development should be based on the following factors:

a.

All of these factors listed in this section, with particular attention to those areas of the planned rural residential development located on or near its perimeter;

b.

The uses proposed near the planned rural residential development perimeter and the conditions and limitations thereon;

c.

The type, number, and location of surrounding external uses;

d.

The comprehensive plan designation and zoning on surrounding lands; and

e.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the planned rural residential development and any existing or planned use of such lands.

8.

Intensity of development. The residential density and intensity of use of a planned rural residential development shall be compatible with, and shall have no undue adverse impact upon, the physical and environmental characteristics of the site and surrounding lands, and they shall comply with the policies and density limitations set forth in the comprehensive plan. Specific densities and intensity of uses within a planned rural residential development shall be determined based on the following factors:

a.

The locations of various proposed uses within the planned rural residential development and the degree of compatibility of such uses with each other and with surrounding uses;

b.

The amount and type of protection provided for the safety, habitability, and privacy of land uses both internal and external to the planned rural residential development;

c.

The existing residential density and intensity of use of surrounding lands;

d.

The availability and location of utility services and public facilities and services;

e.

The amount and size of undeveloped areas and recreation areas;

f.

The existence and treatment of any environmentally sensitive areas on the planned rural residential development property or surrounding lands;

g.

The access to and suitability of transportation arteries proposed within the planned rural residential development and existing external transportation systems and arteries; and

h.

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public health, welfare, and safety.

9.

Undeveloped area. A percentage of the development shall be designated as undeveloped area on the final development plan. Said percentage shall be as specified in the county's comprehensive plan. The undeveloped area shall be configured in such a manner as to permit agriculture or silviculture uses.

Special provisions: A minimum undisturbed, vegetated buffer of 75 feet measured from the generally recognized river bank of any Outstanding Florida Water (Santa Fe River), as classified by the Florida Department of Environmental Protection and 50 feet measured from the generally recognized river bank of all other perennial rivers shall be required. In addition, a minimum undisturbed, vegetated buffer of 25 feet from all wetlands shall be maintained.

These buffers shall be maintained for all single-family residential uses and agricultural uses and silviculture activities. All other permitted land uses shall conform with the variable buffer requirements contained in Chapter 40B-4.3030(4), Florida Administrative Code, as administered by the water management district. Exception shall be made for the provision of reasonable access to the river and resource-based recreational activities within buffer areas. Reasonable access shall mean the minimum amount of clearing necessary for access not to exceed 25 feet in width.

10.

Access and parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Adequate off-street parking shall meet the requirements specified for the uses found in the district regulations and section 4.2 of these land development regulations.

11.

External transportation access. A planned rural residential development shall provide direct access to a major street (arterial or collector) unless, due to the size of the planned rural residential development and the type of uses proposed, it will not adversely affect the traffic on adjoining minor (local) streets.

12.

Internal transportation access. Every dwelling unit or other use permitted in a planned rural residential development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Public and private roads shall be constructed according to county specifications found in the county's subdivision regulations (see Article 5). If the planned rural residential development contains private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners association or similar group. All internal roads shall be so located to minimize the number of access points to external roadways.

13.

Perimeter requirements. Structures, buildings and streets located at the perimeter of the development shall be permanently screened by providing a landscaped buffer area (see section 4.2).

14.

Control of area following completion. After completion of a planned rural residential development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the final development plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

a.

Minor extensions, alterations, or modifications of existing buildings or structures may be permitted after review and approval by the land development regulation administrator, provided they are substantially consistent with the original purpose, intent, overall design, and integrity of the final development plan.

b.

Substantial change in permitted uses, location of buildings, or other specifications of the final development plan may be permitted at such time as the future land use plan map of the county's comprehensive plan is amended to allow a residential land use category and corresponding densities within the area which includes the planned rural residential development. The applicant may request an amendment to the final development plan of the planned rural residential development for substantial change from the board of county commissioners. Such change to the planned rural residential development may be approved by the board of county commissioners, after conducting a public hearing, subsequent to approval of the above stated amendment to the county's future land use plan map and upon receipt of a recommendation of the planning and zoning board.

(Ord. No. 2013-11, §§ 18, 19, 12-19-2013)

4.20.1. Districts and intent. The "PUD" planned unit development category includes one zone district: "PUD". The purpose of this district is to permit planned unit developments to include residential and nonresidential uses as planned communities within lands classified as residential within the designated urban development area on the future land use plan map of the comprehensive plan, as well as commercial complexes within lands classified as commercial and industrial complexes within lands classified as industrial within the designated urban development area on the future land use plan map of the comprehensive plan, which are intended to: (1) encourage the development of planned communities, commercial or industrial complexes (2) encourage flexible and creative concepts of site planning; (3) preserve the natural amenities of the land by establishing common open space and undeveloped areas that preserve natural resources scenic vistas and serve as functional open areas; (4) accomplish a more desirable environment than would be possible through strict application of the minimum requirements of these land development regulations; (5) provide for an efficient use of land, efficient location and utilization of infrastructure through orderly and economical development resulting in smaller networks of utilities and streets and thereby lowering development and housing costs; and (6) provide a stable environmental character compatible with surrounding areas.

4.20.2. Permitted principal uses and structures.

1.

Residential dwellings including single family attached and detached dwellings, duplex dwellings, and multiple family dwellings.

2.

Public or private schools offering curricula comparable to that of public schools. Site and development plan approval shall be required and such site and development plan shall conform at a minimum the performance standards for schools, provided in section 4.2 of these land development regulations.

3.

Churches and other houses of worship.

4.

Golf courses, country clubs, and racquet and tennis clubs.

5.

Nonresidential uses, light industrial, commercial uses and offices, clinics and professional uses, medical marijuana dispensing facilities.

6.

Medical marijuana dispensing facilities shall not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. Medical marijuana dispensing facilities shall comply with section 381.986, Florida Statutes, as amended.

7.

Public buildings and facilities.

8.

Homes of six or fewer residents which otherwise meet the definition of a "community residential home" (see section 4.2).

9.

Community residential homes within multiple dwelling unit areas of planned unit developments (see section 4.2).

4.20.3. Permitted accessory uses and structures.

1.

On-site signs (see also section 4.2).

2.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted uses and structures;

b.

Are located on the same lot as the permitted use or structure, or on a contiguous lot in the same ownership; and

c.

Do not involve operations or structures not in keeping with the character of the district.

4.20.4. Special exceptions. (See also articles 12 and 13).

1.

Home occupations (see section 2.1).

4.20.5. Definitions. In addition to the definitions contained in article 2, the following terms, phrases, words, and derivations shall have the following meaning:

1.

Applicant. Applicant is a landowner or the landowner's agent who files a petition for a zoning amendment to a planned unit development district.

2.

Common open space. Common open space is an area of land, or an area of water, or a combination of land and water within the area of a planned unit development in common. Common open shall satisfy the following standards:

(1)

Common open space shall be dedicated to and usable by all residents of the planned unit development.

(2)

Common open space set aside for preservation of natural features or listed species habitat or buffering purposes shall remain undisturbed and be protected by conservation easements.

(3)

Location, size, shape and character of common open space shall be depicted on the planned unit development plan.

(4)

Common open space shall not be used for the construction of any structures other than recreational facilities and incidental maintenance buildings. Retention areas may only make up 50 percent of common open space and only if they are designed to function as a usable amenity with in the planned unit development.

(5)

Common open space shall be maintained by the homeowners association.

3.

Development plan. Development plan is the proposal for development of a planned unit development, including a plat of subdivision, all covenants, grants of easement and other conditions relating to use, location and bulk of building, density of development, common open space, and public facilities.

4.

Gross density. Gross density is the total number of dwelling units divided by the total number of acres within the perimeter boundaries of a planned unit development.

5.

Net residential acreage. Net residential acreage is the total number of acres within the perimeter boundaries of a planned unit development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space, recreation, and other permitted nonresidential uses.

6.

Planned unit development. Planned unit development (PUD), (a) is a concept which require land to be under unified control, planned and developed as a whole in a single development or approved, programmed series of developments for dwelling units and related uses and facilities; (b) is a plan which, when adopted, becomes the land development regulations for the land to which it is applied; (c) includes principal and accessory structures substantially related to the character of the development itself and the surrounding area of which it is a part; and (d) is a concept which, when implemented, allows for development according to comprehensive and detailed plans which include not only streets, utilities, building sites, and the like, but also site plans and elevations for all buildings as intended to be located, constructed, used, and related to each other, and detailed plans for other uses, and improvements on the land as related to the buildings.

4.20.6. Procedure for approval of a planned unit development. The procedure for obtaining a change in zoning for the purpose of undertaking a planned unit development shall be as follows:

1.

Planned unit development zoning and preliminary development plan approval. The applicant shall submit to the land development regulation administrator a request for change to a planned unit development zoning district containing the following exhibits:

a.

A statement of objectives describing:

(1)

The general purpose of the proposed development; and

(2)

The general character of the proposed development.

b.

A vicinity map showing the location of the proposed planned unit development in relation to:

(1)

Surrounding streets and thoroughfares;

(2)

Existing zoning on the site and surrounding areas; and

(3)

Existing land use on the site and surrounding areas. The vicinity map shall be drawn at a scale to show an area of no less than 1,000 feet surrounding the property. A greater area may be required if the planning and zoning board determines information on a larger vicinity is needed.

c.

A boundary survey and legal description of the property.

d.

A topographic survey from the most recent United States Geological Service topographic survey may be used if more detailed topographic information is not available.

e.

A site analysis map at the same scale as the preliminary development plan described below shall be submitted indicating flood prone areas, areas with slopes greater than five percent, a soils report showing the soil types on the site and indicating areas of soils which are marginally suited for development purposes, tree/vegetative cover, wetlands and any listed species that may be on the site, and natural drainage patterns, high water lines for lakes and other man-made features that could affect building placement, the center line of streams and creeks, or other natural features which would be affected by building encroachment.

f.

A preliminary development plan drawn at a scale suitable for presentation, show[ing]:

(1)

Proposed land uses;

(2)

Lot sizes indicated either by lot lines drawn in their proposed location or statement on the face of the preliminary development plan concerning proposed lot sizes, including minimum lot sizes; and

(3)

Building setbacks defining the distance buildings will be set back from:

(a)

Surrounding property lines;

(b)

Proposed and existing streets;

(c)

Number of residential lots showing general location, size, indicating type of units. For commercial or industrial uses show general character, size and location of buildings, parking and loading area, buffer yards and landscaped areas for each proposed use;

(4)

Maximum height of buildings;

(5)

Common open spaces, showing general location, size and function of open space;

(6)

Arterial and collector streets and thoroughfares; local access streets and interior circulation should be shown on the preliminary development plan for planned unit developments which have no planned arterial or collector streets within the projects.

(7)

Common outside storage areas;

(8)

Screening, buffering, signage and landscaped and landscaped buffer areas including parking and signage requirements if they are unique or differ from what is currently required in the land development regulations;

(9)

Special provisions:

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 25 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from perennial streams, creeks, ponds and lakes.

g.

A table showing acreage for each category of land use.

h.

A statement concerning gross density and net residential acreage (see section 4.18.5 for definition of gross density and net residential acreage).

i.

A statement concerning proposed floor area ratios (percent of lot in relation to building floor area) and the maximum building coverage expressed as a percent of the total site area for nonresidential uses.

j.

A preliminary utility service plan including sanitary sewers, storm drainage, and potable water supply, showing general locations of major water and sewer lines, plant location, lift stations, and indicating whether gravity or forced systems are planned. Size of lines, specific locations, and detailed calculations are not required at this stage.

k.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas and any private roads.

l.

Any architectural controls. Such controls may provide for a common architectural theme to be applied to all development within the planned unit development.

2.

Processing the planned unit development zoning application and preliminary development plan submittals. When the land development regulation administrator has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of these land development regulations.

The planning and zoning board shall make a recommendation to the county commission. The county commission actions shall be one of the following:

a.

Approval as submitted.

b.

Conditional approval.

c.

Disapproval.

3.

Final development plan. If the preliminary development plan for the planned unit development is approved, the applicant shall submit a final development plan covering all or part of the approved preliminary development plan within 12 months to the land development regulation administrator. Thirty days prior to any lapse date, the land development regulation administrator shall notify the county commission and the applicant of such date. Such notice to the applicant shall be mailed via certified mail return receipt requested. If a final development plan is not submitted within this 12-month period, or an additional 12-month period granted by the county commission, the land development regulation administrator shall cause the planned unit development district to be removed from the official zoning atlas and reinstate the zoning district in effect prior to approval of the planned unit development. The county commission may extend this lapse date for a period not to exceed an additional 12 months, provided the request for extension is made in writing to the land development regulations administrator by the applicant prior to the expiration of the initial approval period.

The final development plan shall include the following exhibits:

a.

A statement of objectives:

(1)

The general purpose of the proposed development.

(2)

The general character of the proposed development.

b.

A topographic map drawn at a scale of 100 feet to one inch by a surveyor or engineer registered in the State of Florida showing:

(1)

The location of existing private and public property rights-of-way, streets, buildings, water courses, transmission lines, sewers, bridges, culverts, and drain pipes, water mains, and any public utility easements;

(2)

Wooded areas, streams, lakes, marshes, and any other physical conditions or natural resources affecting the site; and

(3)

Existing contours at intervals of one (1) foot.

c.

A final development plan drawn at a scale of 100 feet to one inch and showing:

(1)

The boundaries of the site, topography, and proposed grading plan;

(2)

Width, location, and names of surrounding streets;

(3)

Surrounding land use;

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking;

(5)

The use, size, and location of all proposed building sites; and

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing drainage and sewer lines;

(2)

The disposition of sanitary waste and storm water;

(3)

The source of potable water;

(4)

Location and width of all utility easements or rights-of-way; and

(5)

Plans for the special disposition of stormwater drainage when it appears that said drainage could substantially harm a body of surface water.

e.

A landscaping plan showing:

(1)

Landscaped areas;

(2)

Location, height, and material for walks, fences, walkways, and other man-made landscape features; and

(3)

Any special landscape features such as, but not limited to, man-made lakes, land sculpture, and waterfalls.

f.

Statistical information:

(1)

Total acreage of the site;

(2)

Maximum building coverage expressed as a percent of the area;

(3)

Area of land devoted to landscaping and/or common open space usable for recreation purposes expressed as a percent of the total site area; and

(4)

Calculated gross density and net residential acreage for the proposed development (see section 4.18.5 for definition of gross density and net residential acreage).

(5)

Calculated floor area ratios and maximum building coverage expressed as a percent of the total site area for nonresidential uses.

g.

The substance of covenants, grants, easements, or other restrictions to be imposed on the use of the land, buildings, and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, shall be approved by the county attorney before final approval of the plan.

4.20.7. Issuance of building permits. No building permit shall be issued for any portion of a proposed planned unit development until the final development plan has been approved.

4.20.8. Revision of a planned unit development. A proposed substantial change in the approved preliminary development plan which affects the intent and character of the development, the density or land use patterns, proposed buffers, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the Planning and Zoning Board and the county commission in the same manner as the initial application. A request for a revision of the preliminary development plan shall be supported by a written statement and by revised plans demonstrating the reasons the revisions are necessary or desirable. All revisions to the approved preliminary development plan shall only be approved if they are consistent with the original purpose, intent, overall design, and integrity of the approved preliminary development plan.

Minor changes, and/or deviations from the preliminary development plan which do not affect the intent or character of the development shall be reviewed by the Land Development Regulation Administrator and shall be approved only if they are consistent with the original purpose, intent and overall design and integrity of the approved preliminary development plan. Upon approval of the revision, the applicant shall make revisions to the plans and submittals and file the revised plans with the Land Development Regulation Administrator within 30 days.

Examples of substantial and minor changes are:

Substantial changes:

1.

Perimeter changes.

2.

Major street relocation.

3.

Change in building height, density, land use patterns, or buffers.

Minor changes:

1.

Change in alignment, location, or length of local street.

2.

Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density.

3.

Reorientation or slight shifts in building locations.

4.20.9. Planned unit development time limitations. If substantial construction, as determined by the Land Development Regulation Administrator, has not begun within two years after approval of the final development plan, the approval of the planned unit development will lapse. Thirty days prior to any lapse date, the Land Development Regulation Administrator shall notify the county commission and the applicant of such date. Such notice to the applicant shall be mailed via certified mail, return receipt requested. The county commission may extend the period for beginning construction, at the request of the applicant for a period not to exceed an additional two years, provided the request for extension is made in writing to the land development regulations administrator prior to the expiration of the initial approval period. If the planned unit development lapses under this provision, the Land Development Regulation Administrator shall cause the planned unit development district to be removed from the official zoning atlas and reinstate the zoning district which was in effect prior to the approval of the planned unit development.

4.20.10. Deviation from the final development plan. Any unapproved deviation from the accepted final development plan shall constitute a breach of agreement between the applicant and the county commission. Such deviation may cause the county to immediately revoke the final development plan until such time as the deviations are corrected or become a part of the accepted final development plan.

4.20.11. Phasing. The county commission may permit or require the phasing of a planned unit development. When provisions for phasing are included in the final development plan, each phase of development shall be so planned and so related to previous development, surrounding properties, and available public facilities and services so that a failure to proceed with subsequent phases of development will have no adverse impact on the planned unit development or surrounding properties.

4.20.12. Development standards for planned unit developments.

1.

[Minimum size parcel.] The minimum size parcel for planned unit development shall be ten acres.

2.

Conformance with the comprehensive plan. Densities and intensities for planned unit developments shall be based upon and be consistent with the comprehensive plan. No final development plan may be approved unless it is in conformance with the comprehensive plan.

3.

Relationship to zoning district. An approved planned unit development is a separate zoning district in which the final development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official zoning atlas shall be changed to indicate the area as a planned unit development.

4.

Residential density and housing types. Any combination of residential density and housing types is permitted for a planned unit development, as long as the overall gross density does not exceed the prescribed total number of dwelling units of the comprehensive plan land and these land development regulations use classifications contained on the project site.

5.

Nonresidential intensity. Any combination of nonresidential uses within a planned unit development shall not exceed the floor area ratios and minimum ground coverage specified within the comprehensive plan and these land development regulations for each use on the project site. Nonresidential uses shall also conform to the performance standards found in section 4.2.

6.

Dimensional and bulk restriction. The location of all proposed building sites shall be shown on the final development plan subject to minimum lot sizes, setback lines, and lot coverage and floor area specified by the preliminary development plan as approved by the board of county commissioners.

7.

Internal compatibility. All land uses proposed within a planned unit development shall be compatible with other proposed uses; that is, uses shall be able to coexist in relation proximity to other uses in a stable fashion over time such that no other uses are unduly, negatively impacted, directly or indirectly by such uses. An evaluation of the internal compatibility by a planned unit development shall be based on the following factors:

a.

The existence or absence of and the location of common open spaces and recreational areas;

b.

The use of existing and proposed landscaping;

c.

The treatment of pedestrian ways;

d.

The use of topography, physical environment, and other natural features;

e.

The traffic and pedestrian circulation pattern;

f.

The use and variety of building setback lines, separations and buffering;

g.

The use and variety of building groupings;

h.

The use and variety of building sizes;

i.

The separation and buffering of parking areas and sections of parking area;

j.

The variety and design of dwelling types;

k.

The proposed land uses and the conditions and limitations thereon;

l.

The form of ownership proposed for various uses; and

m.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of any proposed use within the planned unit development.

8.

External compatibility. All land uses proposed within a planned unit development shall be compatible with existing and planned uses of properties surrounding the planned unit development; that internal uses shall be able to coexist or planned surrounding uses in a stable fashion over time such that neither internal or surrounding uses are unduly, negatively impacted, directly or indirectly by such uses. An evaluation of the external compatibility of a planned unit development should be based on the following factors:

a.

All of these factors listed in this section, with particular attention to those areas of the planned unit development located on or near its perimeter;

b.

The uses proposed near the planned unit development perimeter and the conditions and limitations thereon;

c.

The type, number, and location of surrounding external uses;

d.

The comprehensive plan designation and zoning on surrounding lands; and

e.

Any other factor deemed relevant to the privacy, safety, preservation, protection, or welfare of lands surrounding the planned unit development and any existing or planned use of such lands.

9.

Intensity of development. The residential density and intensity of use of a planned unit development shall:

a.

Be compatible with the physical and environmental characteristics of the site;

b.

Be able to coexist in relative proximity to existing or planned surrounding uses in a stable fashion over time such that neither internal nor surrounding uses are unduly, negatively impacted, directly or indirectly by such densities and intensities of use; and

c.

Comply with the policies and density limitations set forth in the comprehensive plan. Specific densities and intensity of uses within a planned unit development shall be determined based on the following factors:

(1)

The locations of various proposed uses within the planned unit development and the degree of compatibility of such uses with each other and with surrounding uses;

(2)

The amount and type of protection provided for the safety, habitability, and privacy of land uses both internal and external to the planned unit development;

(3)

The existing residential density and intensity of use of surrounding lands;

(4)

The availability and location of utility services and public facilities and services;

(5)

The amount and size of common open spaces and recreation areas;

(6)

The existence and treatment of any environmentally sensitive areas on the planned unit development property or surrounding lands;

(7)

The access to and suitability of transportation arteries proposed within the planned unit development and existing external transportation systems and arteries; and

(8)

Any other factor deemed relevant to the limitation of the intensity of development for the benefit of the public safety, health, and welfare.

10.

Common open space. For all planned unit developments that include residential land uses, at least 15 percent of the area covered by a final development plan shall be usable, common open space owned and operated by the applicant or dedicated to a homeowner association or similar group. Not more than one-half of the total common open space area may be in a flood plain, buffer area, and/or water bodies.

11.

Special provisions. The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 25 feet from wetlands. The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from perennial streams, creeks, ponds and lakes.

12.

Access and parking. All streets, thoroughfares, and access ways shall be designed to relate to the traffic circulation plans of the area. Adequate off-street parking shall meet the requirements specified for the uses found in the district regulations and section 4.2 of these land development regulations.

13.

External transportation access. A planned unit development shall provide direct access to, a major street (arterial or collector).

14.

Internal transportation access. Every dwelling unit or other use permitted in a planned unit development shall have access to a public street either directly or by way of a private road. Permitted uses are not required to front on a dedicated public road. Private roads shall be constructed according to county specifications as found in the county's subdivision regulations (see Article 5). If the planned unit development contains private roads, such private roads shall be owned and maintained by the applicant or dedicated to a homeowners association or similar group.

15.

Perimeter requirements. Structures, buildings and streets located at the perimeter of the development shall be permanently screened by a landscaped buffer area (see section 4.2).

16.

Nonresidential construction. No nonresidential use, nor any building devoted primarily to a nonresidential use shall be built or established prior to completion of 51 percent of the residential dwelling units it is intended to serve, if any; provided, however, this prohibition does not limit or restrict the construction and development of recreational areas or buildings.

17.

Control of Area following completion. After completion of a planned unit development, the use of the land and/or modification or alteration of any buildings or structures within the area covered by the final development plan shall continue to be regulated in accordance with the approved final development plan except as otherwise provided for herein.

a.

Minor extensions, alterations or modifications of existing buildings or structures may be permitted after review and approval by the land development regulation administrator, provided they are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

b.

Substantial change in permitted uses, location of buildings, or other specifications of the final development plan may be permitted following public hearing and approval by the board of county commissioners upon receipt of the recommendation of the planning and zoning board, as long as such changes are consistent with the original purpose, intent, overall design, and integrity of the final development plan.

(Ord. No. 06-24, § 1, 6-15-06; Ord. No. 2013-11, §§ 20, 21, 12-19-2013; Ord. No. 2018-01, § 14, 4-19-2018)

4.21.1. Districts and intent. The CHI commercial, highway interchange category includes one zone district: CHI. This specialized district is intended for areas where adequate lot depth is available to provide development for vehicular-related uses primarily serving the traveling public. Uses in such district are subject to criteria and standards intended to preserve the character of the district and to minimize adverse impacts with abutting and nearby uses. This district shall only be applied to the interchange areas of the State Road 223 (Alternate U.S. Highway 301) truck route.

4.21.2. Permitted principal uses and structures.

1.

Automotive service and self-service stations. (See section 4.2 for special design standards for automotive self-service stations.)

2.

Restaurants.

3.

Hotels and motels.

4.

Retail commercial outlets for sale of fruit, gifts, novelties, and similar uses catering to tourists.

5.

Retail for sale of farm equipment, farm and home supplies.

6.

Light, manufacturing, assembling, processing, packing or fabricating in completely closed building.

7.

Facilities for storage and distribution of products, including wholesale activity.

Unless otherwise specified, the above uses are subject to the following limitations: for all developments, site and development plan approval is required (see article 14).

4.21.3. Permitted accessory uses and structures.

1.

On the same premises and in connection with permitted principal uses and structures, dwelling units only for occupancy by owners or employees thereof.

2.

Uses and structures which:

a.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

b.

Are located on the same lot as the permitted or permissible use or structure, or on a contiguous lot in the same ownership.

c.

Do not involve operations or structures not in keeping with the character of the district.

3.

On-site signs (see section 4.2.22).

4.21.4. Prohibited uses and structures.

1.

Dwelling units, except as provided under accessory uses.

2.

Medical marijuana dispensing facilities and any other uses or structures not specifically, provisionally, or by reasonable implication permitted herein. Any use which is potentially dangerous, noxious, or offensive to neighboring uses in the district or to those who pass on public ways by reason of smoke, odor, noise, glare, fumes, gas, vibration, threat of fire or explosion, emission of particulate matter, interference with radio or television reception, radiation, or likely for other reasons to be incompatible with the character of the district.

4.21.5. Special exceptions and special permits. Special exceptions (see articles 12 and 13).

1.

Truck stops.

2.

Travel trailer parks or campgrounds (see section 20.24).

3.

Off-site signs.

4.21.6. Minimum lot requirements (area, width).

1.

All permitted or permissible uses (unless otherwise specified):

4.21.7. Minimum yard requirements (depth of front and rear yard, width of side yards).

1.

All permitted or permissible uses (unless otherwise specified):

Special provisions. No less than 15 feet of the depth of the required front yard shall be maintained as a landscaped area. The depth of this landscaped area shall be measured at right angles to property lines and shall be established along the entire length and contiguous to the designated property line or lines. This landscaped area may be penetrated at right angles by driveways. The remainder of the required yard may be used for offstreet parking, but not for buildings.

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 35 feet from wetlands.

The location of any structure (except permitted docks, walkways and piers) shall be setback a minimum of 50 feet from all perennial rivers, streams and creeks.

4.21.8. Maximum height of structures (see section 4.2 for exceptions). No portion shall exceed 50 feet, except the height of signs which advertise commercial establishments located within the same CHI district shall be unrestricted, provided that such sign shall not exceed height limitations prescribed by the Federal Aviation Administration or airport zoning regulations within the flight-approach zone of airports.

4.21.9. Maximum lot coverage by all buildings. 35 percent.

Note: In addition to meeting the required lot yard, building height, lot coverage, landscaped buffering, and off-street parking requirements of this section, structures shall be limited to a .25 floor area ratio if not served by a centralized sanitary sewer service, and structures shall be limited to an intensity of .50 floor area ratio if served by a centralized sanitary sewer service.

4.21.10 Minimum landscaped buffering requirements (see also section 4.19).

1.

All permitted or permissible uses (unless otherwise specified). Where a use listed under (1) above is erected or expanded on land abutting either (a) agricultural district (b) residential district or (c) property used for residential purposes in a residential/office district, then the proposed use shall provide a landscaped buffer which shall be not less than 20 feet in width along the affected rear and/or side yards as the case may be. In addition, such land uses shall provide within this buffer landscaping which shall be designed, planted and maintained as to be 80 percent or more opaque between two and six feet above average ground level when viewed horizontally. A masonry or wood opaque structure may be substituted for the landscaped buffer.

4.21.11. Minimum offstreet parking requirements (see also section 4.19).

1.

Commercial and service establishments (unless otherwise specified): One space for each 150 square feet of non-storage floor area, plus, where applicable, one space for each 1,000 square feet of lot or ground area outside buildings used for any type of sales, display, or activity.

2.

Restaurants, cocktail lounges, bars, and taverns: One space for each three seats in public rooms.

3.

Hotels and motels: One space for each sleeping room, plus two spaces for the owner or manager, plus required number of spaces for each accessory use such as restaurant or bar, as specified.

4.

Warehousing and storage only: One space for each 1,500 square feet of floor area.

5.

Public buildings and facilities (unless otherwise specified): One space for each 200 square feet of floor area.

6.

For other special exceptions as specified herein: To be determined by findings in the particular case.

Note: Offstreet loading required (see section 4.2).

(Ord. No. 2018-03, § 1, 4-19-2018)