In this article, words used in the present tense include the future, the singular shall include the plural; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "abut" shall include directly across from; the word "lot" includes the words "plot," "tract" and "parcel"; and the word "resolution" shall include the word "ordinance."

(1991 LDR ch. 79, § 2.01)

(a)

The purpose of this article is to establish comprehensive controls for the development of land in the county based on the comprehensive plan, and enacted in order to protect, promote and improve the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the people.

(b)

The objectives of this article are to provide for:

(1)

Efficiency and economy in the process of development;

(2)

The appropriate and best use of land;

(3)

Preservation, protection, development and conservation of the natural resources of land, water and air;

(4)

Convenience of traffic and circulation of people and goods;

(5)

The use and occupancy of buildings;

(6)

Healthful and convenient distribution of population;

(7)

Adequate public facilities and utilities;

(8)

Promotion of the civic amenities of beauty and visual interest; and

(9)

Development in accord with the comprehensive plan.

(c)

To accomplish these purposes, the board of county commissioners shall divide the entire county into districts of such number, shape and size as may be deemed best suited to carry out the purposes of this article, and within these districts may regulate, determine and establish:

(1)

Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration and use of buildings and other structures for trade, industry, residence and other purposes;

(2)

Use of land and water for trade, profession, residence and other purposes;

(3)

Size of yards and other open spaces;

(4)

Percentage of lot that may be occupied;

(5)

Density of population;

(6)

Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable amortization schedules for the elimination of nonconforming uses;

(7)

Use, type and size of structures in those areas subject to seasonal or periodic flooding so that danger to life and property in such areas will be minimized; and

(8)

Performance standards for use of property and location of structures thereon.

(d)

All such regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. For each district designated for the location of trades, callings, industries, commercial enterprises, residences or buildings designed for specific uses, regulations may specify those uses that shall be excluded or subject to reasonable requirements of a special nature.

(1991 LDR ch. 79, § 1.02)

Except as otherwise provided in this article:

(1)

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as permitted in the district in which such building or land is located.

(2)

No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building is located.

(3)

No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon reduced in any manner, except in conformity to the yard, lot area and building location regulations designated for the district in which such building or open space is located.

(4)

No yard or other open space provided around any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

(5)

All regulations and requirements in this article apply to any and all agricultural buildings which require electrical service.

(1991 LDR ch. 79, § 4.02)

In interpreting and applying the provisions of this article, the provisions shall be held to be the minimum requirements for the protection, promotion and improvement of the public health, safety, comfort, order, appearance, convenience, morals and general welfare of the community. This article is not intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, where this article imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, then the provisions of this article shall control.

(1991 LDR ch. 79, § 12.01; Ord. No. 2014-02, § 2, 4-22-2014; Ord. No. 2022-3, § 2, 2-8-2022)

(a)

Board of county commissioners. The board of county commissioners, as governing body of the county, may from time to time, amend, supplement or repeal the regulations and provisions of this article after public notice and hearings as provided by law.

(b)

Review by planning commission. The planning commission, in its capacity as the local planning agency under F.S. § 163.3174, and section 50-55 of this Code, shall hold a public hearing on any amendment, supplement, or repeal of the regulations and provisions of this article and any other land development regulation or land development code, and shall provide the board of county commissioners with findings regarding consistency of such amendment, supplement, or repeal with the comprehensive plan, and shall provide the board of county commissioners with any other recommendations it may have regarding such amendment, supplement, or repeal.

(c)

Changes, amendments or supplements. All changes, amendments or supplements to this article and to the zoning map, which forms part thereof, shall be adopted in accordance with the provisions of F.S. ch. 125 and ch. 163, and any other applicable provisions of law.

(d)

Zoning change petition. A petition for an amendment to the zoning map, also sometimes referred to in this chapter as a change in zoning district boundaries, zoning change or rezoning, will be governed by the provisions of division 2 of this article, and all applicable provisions of law.

(Ord. No. 05-01, § 3, 5-17-2005; Ord. No. 2007-03, § 17, 7-17-2007)

The following zoning districts are established to implement the comprehensive plan and to classify and regulate the use of land, buildings and structures within the county in order to promote orderly growth and development and discourage urban sprawl:

The intent of each zoning district is as follows:

Forestry/rural residential (F/RR) district. The county's existing land use map and the future land use map designate certain lands used (now and in the future) for forestry purposes. Forestry products are an important segment of the county's economic base and, as such, require protection from incompatible uses. It is recognized that forestry operations require prescribed burns, herbicides and pesticides, and heavy equipment, all of which are generally incompatible with residential, commercial and most public uses, and thus forestry lands must be protected from encroachment by such uses. Likewise, separation of forestry uses from those other uses limits exposing residents, businesses and the public to the hazards associated with wildfires, smoke, dust, fumes and exposure to chemicals. As such, the F/RR district is intended to allow only very low-density residential development that is spatially separated from the predominant land use in the district - commercial forests. Residential density is limited to one dwelling per 20 (or more) acres.

Agricultural/rural residential (A/RR) district. The conservation element and the land use element within the county comprehensive plan have established objectives and policies to protect agriculturally productive lands. Agricultural products (crops and livestock) are an important segment of the county's economic base, and as with forestry operations, agricultural operations use herbicides and pesticides, and generate noise, dust and waste products. As such, the A/RR district is intended to provide for the continued viability of agribusiness in the county while permitting low-density residential land uses that are compatible with the predominant land use in the district - commercial farming. Residential density is limited to one dwelling per ten (or more) acres.

Single-family residential, rural (RR) district. The RR district is intended to provide locations for single-family residential use on rural lots, usually without central water or sewer systems, at a net density of one dwelling per three (or more) acres. The RR district is intended to serve as a transition area between agricultural uses and higher-density residential/urban districts.

Single-Family residential, urban (R-1) district. The R-1 district is intended to provide locations for single-family residential use at net densities of one dwelling per one (or more) acre. The R-1 district is intended to provide a transition between RR, R-2 and Commercial Zoning.

Single-family residential, urban (R-2) districts. The R-2 district is intended to provide locations for single-family and duplex dwellings at net densities of up to five dwellings per one (or more) acre. The R-2 district is intended to provide a transition between R-1 and municipal development.

Single-family, exclusive (RR-3C) district. The RR-3C district is intended to provide continuity of zoning between Levy County and Marion County within the area known as the Rainbow Lakes Estates Municipal Service District (created by a Special Act of the Florida Legislature set forth in Chapter 2001-293, Laws of Florida). Within this district, only site-built or modular single-family dwellings built to the Florida Building Code are allowed; manufactured homes and mobile homes are prohibited.

Exclusive office (C-1) district. The C-1 district is intended for commercial offices for professional service types of businesses.

Neighborhood commercial (C-2) district. The C-2 district is intended to allow an intensity of use and types of uses that are compatible with, and directed primarily at serving, the surrounding neighborhood.

Moderately intensive commercial (C-3) district. The C-3 district is intended to provide locations for intensive commercial uses. The uses typically require more off-street parking, stormwater, and outdoor storage, than neighborhood and office uses.

Highway commercial (C-4) district. The C-4 district is intended to accommodate commercial uses that service highway traffic or which require a location near a major highway for access purposes.

Rural mixed use (RMU) district. The RMU district is intended to provide for mixed use development in rural commercial nodes, including limited neighborhood commercial, residential and agriculture-related commercial and industrial uses to support established communities in rural areas of the county.

Public and institutional facilities (PF) district. The PF district is intended to provide locations suitable for necessary public and quasi-public uses, functions and activities, such as government offices and facilities, libraries, and public and private utilities and public and private educational facilities.

Recreation (REC) district. The REC district is intended to provide for publicly or privately owned recreation sites for active or passive recreational activities.

Natural resources and conservation (NR-CON) district. The NR-CON district is intended to provide for the preservation and conservation of natural resources and environmentally sensitive lands (ESL) as described in the comprehensive plan, including, but not limited to, areas designated for floodplain, wetlands, streamside, river and coastal resource management purposes.

Planned unit development (PUD) overlay district. The PUD district is an overlay district that is intended to provide parcel specific zoning for planned developments that have unique conditions, require design flexibility, and/or contain diverse and integrated uses and structures, that are consistent with the comprehensive plan, but which other zoning districts do not readily accommodate. A PUD ordinance may impose conditions and regulations deemed necessary by the county commission to protect the public health, safety and welfare. The PUD uses should be generally compatible with the uses allowed in the underlying zoning district. Higher intensity uses may be limited to areas that are served by central water and sewer systems.

(1991 LDR ch. 79, § 3.01; Ord. No. 2007-03, § 20, 7-17-2007; Ord. No. 2009-02, § 18, 7-7-2009; Ord. No. 2022-3, § 3, 2-8-2022; Ord. No. 2023-9, § 8, 12-5-2023)

Editor's note— Ord. No. 2022-3, § 3, adopted Feb. 8, 2022, amended § 50-661, and in so doing changed the title of said section from establishment of districts to read as set out herein.

The zoning map or zoning map atlas of the county is hereby adopted and made a part of this code. Such map(s) may be amended from time to time by county ordinance and shall be maintained by, and available for review in the county planning and zoning department. If it is discovered that a property is inadvertently unzoned; or if the zoning of any property is vacated or invalidated for any reason, either judicially or legislatively, then the county shall promptly initiate and adopt a zoning ordinance for such property. Until a zoning ordinance is adopted, no uses are permitted on the property.

(1991 LDR ch. 79, § 3.02; Ord. No. 98-03, §§ 1, 2, 5-5-1998; Ord. No. 2007-03, § 20, 7-17-2007; Ord. No. 2022-3, § 3, 2-8-2022)

(Ord. No. 2022-3, § 3, 2-8-2022)

Editor's note— Ord. No. 2022-3, § 3, adopted Feb. 8, 2022, repealed the former § 50-663, and enacted a new § 50-663 as set out herein. The former § 50-663 pertained to interpretation of boundaries and derived from 1991 LDR ch. 79, § 3.03; and Ord. No. 2007-03, adopted July 17, 2007.

An amendment to the zoning map atlas, also commonly referred to as a zoning change or a rezoning, shall follow the procedures established by this article and applicable provisions of Florida law. An application for a zoning change may cover only one or more contiguous parcels of real property. Any noncontiguous parcel shall require a separate application. Application forms, procedures and fee schedules shall be maintained and provided by the zoning officer. In summary form, an application for an amendment to the zoning map atlas follows these steps:

(1)

Submittal of application to zoning officer.

(2)

Staff review and preparation for public hearing, including public notice of planning commission hearing, and preparation of staff reports.

(3)

Planning commission hearing, recommendation to board of county commissioners.

(4)

Additional staff review and preparation for board of county commissioners public hearing, including public notice of board of county commissioners hearing on proposed ordinance, preparation of staff report and ordinance.

(5)

Board of county commissioners hearing and decision on zoning ordinance.

(Ord. No. 2022-3, § 3, 2-8-2022)

Editor's note— Ord. No. 2022-3, § 3, adopted Feb. 8, 2022, repealed the former § 50-664, and enacted a new § 50-664 as set out herein. The former § 50-664 pertained to zoning changes and derived from 1991 LDR ch. 79, § 3.04; and Ord. No. 2007-03, adopted July 17, 2007.

The following criteria shall be considered by county staff, the planning commission and the board of county commissioners when reviewing an amendment to the zoning map atlas:

(1)

Consistency. The proposed rezoning is consistent with the comprehensive plan and this land development code.

(2)

Compatibility. The proposed rezoning is compatible with the present zoning pattern and conforming uses of nearby property and the character of the surrounding area.

(3)

Development patterns. The proposed rezoning shall result in logical and orderly development patterns.

(4)

Suitability. The property is suitable for the uses that are allowed in the proposed zoning district(s).

(5)

Adequate public facilities/services. The property is served by public facilities that are adequate for the uses that are allowed in the proposed zoning district(s).

(6)

Access. Available ingress and egress is adequate for the uses that are allowed in the proposed zoning district.

(7)

Public health, safety, and welfare. The uses allowed within the proposed zoning district shall not adversely affect public health, safety, and welfare.

(1991 LDR ch. 79, § 3.05; Ord. No. 2007-03, § 20, 7-17-2007; Ord. No. 2009-02, §§ 19, 20, 7-7-2009; Ord. No. 2022-3, § 3, 2-8-2022)

Editor's note— Ord. No. 2022-3, § 3, adopted Feb. 8, 2022, repealed § 50-666, which pertained to zoning change petitions and derived from 1991 LDR ch. 79, § 3.06; and Ord. No. 2007-03, adopted July 17, 2007.

Editor's note— Ord. No. 2022-3, § 3, adopted Feb. 8, 2022, repealed § 50-667, which pertained to intent of the various districts and derived from 1991 LDR ch. 79, § 3.07; Ord. No. 2007-03, adopted July 17, 2007; and Ord. No. 2009-02, adopted July 7, 2009.

The provisions of this division apply to planned unit developments.

(a)

It is the intent of this division to provide flexible land use and design regulations through the use of performance criteria so that small-to-large-scale neighborhoods or portions thereof may be developed within the county that incorporate a variety of residential types and nonresidential uses, and contain both individual building sites and common property which are planned and developed as one entity. Such a development is to be designed and organized so as to be capable of satisfactory use and operation as a separate entity without necessarily needing the participation of others building sites or other common property in order to function as a neighborhood. This division specifically encourages innovations in residential development so that the growing demands for housing at all economic levels may be met by greater variety in type, design and siting of dwelling and by the conservation and more efficient use of land in such developments.

(b)

This division recognizes that while the standard zoning function (use and bulk) and the subdivision function (platting and design) are appropriate for the regulation of land use in areas or neighborhoods that are already substantially developed, these controls represent a type of preregulation, regulatory rigidity and uniformity which may be inimical to the techniques or land development contained in the planned unit development concept.

(c)

This division also recognizes that the county comprehensive plan contains policies to discourage residential development in agricultural areas, and that through proper planning it should be possible to do so by allowing residential development pursuant to the planned unit development concept. Finally, this division recognizes that there are greater pressures to subdivide agricultural land, as well as general reluctance by agricultural interests to accept additional regulation in the absence of adequate incentives. To provide incentives to agricultural landowners to conserve farmland while also realizing the benefits from development, the board of county commissioners may, according to the terms of these regulations, uniformly permit higher gross residential densities for planned unit development in the F/RR and A/RR districts than are allowed for conventional development.

(1991 LDR ch. 79, § 6.05(A))

In order to carry out the intent of this division, a planned unit development shall achieve the following objectives:

(1)

A maximum choice in the types of environment, occupancy, tenure (e.g., cooperatives, individual ownership, condominium, leasing), types of housing, lot sizes and community facilities available to existing and potential county residents at all economic levels;

(2)

More usable open space and recreation areas;

(3)

More convenience in location of accessory commercial and service areas;

(4)

The preservation of trees, outstanding natural topography and geologic features and prevention of soil erosion;

(5)

A creative use of land and related physical development which allows an orderly transition of land from rural to urban uses;

(6)

An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs;

(7)

A development pattern in harmony with the objectives of the master plan, especially in regard to agricultural land use;

(8)

A more desirable environment than would be possible through the strict application of other articles of this division;

(9)

The preservation of historic structures through rehabilitation and, where appropriate, conversion to commercial use.

(1991 LDR ch. 79, § 6.05(B))

(a)

Minimum area. Under normal circumstances, the minimum area requirements to quality for a planned unit development shall be 20 contiguous acres of land.

(b)

Ownership. The tract of land for a project may be owned, leased or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In case of multiple ownership, the approved plan shall be binding on all owners.

(c)

Permitted uses. All uses within an area designated as a planned unit development shall comply with the following provisions and the approval of the project concerned:

(1)

Residential uses. Residences may be of any variety of types. In developing a balanced community, the use of a variety of housing types and densities shall be deemed most in keeping with this division. In keeping with the objectives found in section 50-903, the developer must demonstrate that he is reaching as broad an economic market as possible, and the absence of any but middle income housing and higher in the proposed development shall be considered grounds for disapproval of the application. In making these determinations, the planning board shall consider the size of the site, its location with respect to community services and facilities, transportation and areawide market surveys as are available from several sources in the county. Developers are further encouraged to avail themselves of such state, federal and other housing programs as may be available to accomplish these objectives.

(2)

Commercial, service and other nonresidential uses. Commercial, service and other nonresidential uses may be permitted. Consideration shall be given to the project as it exists in its larger setting in determining the appropriateness of such uses. All proposed planned unit developments shall provide clustered development and shall document a high percentage of internal capture of vehicle trips through an appropriate mix of land uses. As used in this subsection, the term "internal" specifically excludes access to nonhighway oriented commercial development directly from or to any arterial road as functionally classified by this plan, and it is intended that the majority of commercial development in a planned unit development will be centrally located relative to the boundaries of the proposed development.

(3)

Customary accessory uses. Accessory uses such as private garages, storage spaces, recreational and community activities, churches and schools shall also be permitted as appropriate to the development.

(d)

Intensity of land use. In all zoning districts except F/RR (forestry, rural residential) and A/RR (agricultural, rural residential), the gross density of a planned unit development shall be no greater than as provided by schedule 2.

(1)

Within a planned unit development, clustering and increased building heights may be utilized to increase the amount of open space.

(2)

Within existing F/RR and A/RR districts, the planned unit development process shall serve as an incentive to developers to retain continued agriculture and open space uses by providing density bonuses. These bonuses may be utilized to increase the gross density, with the density increases directly related to increases in the percentage of gross land area reserved for agricultural and open space use. The density bonuses are presented in schedule 3, schedules 4 and 5 in this subsection show, for various parcel and development sizes, the gross units allowed for F/RR and A/RR zones, respectively.

(3)

To qualify for bonuses pursuant to this section, agricultural and open space lands must be under unified control, and, they must be platted and designated on the plat for continued unified control. As used in this subsection, the term "unified control" means a single owner of record.

(4)

That portion of a planned unit development which has contributed density bonuses may not contribute density bonuses to any other properties in the future, and may not be subdivided or otherwise developed except for uses which are accessory to the principal use.

SCHEDULE 3
DENSITY BONUSES FOR AGRICULTURAL LAND CONSERVATION F/RR AND A/RR ZONING DISTRICTS

SCHEDULE 4
A FORESTRY PUD IN LEVY COUNTY THE NUMBER OF DWELLING UNITS PERMITTED IN AN F/RR ZONE AS A FUNCTION OF DEVELOPED AND UNDEVELOPED ACREAGE

¹ Undeveloped density bonus = one dwelling unit per ten

² Developed density allowed = one dwelling unit per 20

³ PUD allowable units for any combination not in the table equals =

     PUD Developed Acreage + Continued and Platted Forestry Acre     
      20       10      

⁴ Continued means under unified control and with only forestry uses permitted in the future.

SCHEDULE 5
AN AGRICULTURAL PUD IN LEVY COUNTY THE NUMBER OF DWELLING UNITS PERMITTED IN AN A/RR ZONE AS A FUNCTION OF DEVELOPED AND UNDEVELOPED ACREAGE

¹ Undeveloped density bonus = one dwelling unit per five

² Developed density allowed = one dwelling unit per ten

³ PUD allowable number of dwelling units for any combination.

Not In The Table=

     PUD Developed Acreage +Continued and Platted Forestry Acre     
      10       5      

⁴ Continued means under unified control and with only agricultural uses permitted in the future.

(1991 LDR ch. 79, § 6.05(C))

(a)

General. Whenever any planned unit development is proposed before any permit for the erection of a permanent building in such development shall be granted, and before any subdivision plat of any part thereof may be filed in the office of the county clerk, the developer or his authorized agent shall apply for and secure approval of such development in accordance with the procedures in this section.

(b)

Application for sketch plan approval.

(1)

In order to allow the planning commission and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the planning commission. The sketch plan shall be approximately to scale, though it need not be to the precision of finished engineering drawing, and it shall clearly show the following information:

a.

The location of the various uses and their areas in acres.

b.

The general outlines of the interior roadway system and all existing rights-of-way and easements, whether public or private.

c.

Delineation of the various areas intended to be used for residential purposes indicating for each such area its general extent, size and composition in terms of total number of dwelling units, approximate percentage allocation by dwelling unit type (i.e., single-family detached, duplex, townhouse, garden apartments, high-rise, and general middle-income, moderate-income, elderly units, family units, etc.); plus a calculation of the residential density per gross acre (total area including interior roadways) for such area.

d.

The interior open space system.

e.

The overall drainage system.

f.

If grades exceed three percent, or portions of the site have a moderate to high susceptibility to erosion or a moderate to high susceptibility to flooding and ponding, a topographic map showing contour intervals of not more than five feet of elevation shall be provided along with an overlay outlining such susceptible soil areas, if any.

g.

Principle ties to the community at large with respect to transportation, water supply, sewage disposal and power sources.

h.

General description of the provision of other community facilities, such as schools, fire protection services, and cultural facilities, if any, and some indication of how these needs are proposed to be accommodated.

i.

A location map showing uses and ownership of abutting lands.

(2)

In addition, the following documentation shall accompany the sketch plan:

a.

Evidence of how the developer's particular mix of land uses meets existing community demands, to include areawide as well as local considerations.

b.

Evidence of the developer's compliance with respect to the provision of an adequate mix of housing for all economic levels.

c.

Evidence that the proposal is compatible with the goals of the county comprehensive plan.

d.

General statement as to how common open space is to be owned and maintained.

e.

If the development is to be staged, a general indication of how the staging is to proceed. Whether or not the development is to be staged, the plan of this section shall show the intended total project.

f.

Evidence of any sort in the applicant's own behalf to demonstrate his competence to carry out the plan and awareness of the scope of such a project, both physical and financial.

g.

Average and maximum drainageway and streamflow discharges before and after development will be provided, based upon estimates of a registered engineer.

h.

Documentation of environmentally unique or endangered areas and the protection of natural and historical resources.

(3)

The planning commission shall review the sketch plan and its related documents, and shall render either a favorable report to the county commission or an unfavorable report to the applicant. The planning commission shall consult with other county departments such as county engineer, health and highways and obtain a written review.

a.

A favorable report shall include a recommendation that a public hearing be held for the purpose of considering the preliminary proposal. It shall be based on the following findings which shall be included as part of the report:

1.

The proposal conforms to the comprehensive plan.

2.

The proposal meets the intent and objectives of planned development as expressed in sections 50-902 and 50-903.

3.

The proposal meets all the general requirements of section 50-904.

4.

The proposal is conceptually sound in that it meets local and areawide needs and it conforms to accepted design principals in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of the elements both absolutely and to one another.

5.

There are adequate services and utilities available or proposed to be made available in the development.

b.

An unfavorable report shall state clearly the reasons therefore, and, if appropriate, point out to the applicant that might be accomplished in order to receive a favorable report. Failure of a proposed planned unit development to:

1.

Provide facilities in common ownership;

2.

Utilize innovative techniques; and

3.

Provide housing with accessory commercial uses shall result in denial if all three provisions are lacking, and may result in a denial if one or two of the provisions are lacking. This requirement shall not be interpreted to preclude denial on other grounds, including, but not limited to, for example, the failure to provide a range of housing costs.

(4)

The chairman of the planning commission shall certify when all of the necessary application material has been presented; and the planning commission shall submit its report within 30 days of such certification. If no report has been rendered after 30 days, the applicant may proceed as if a favorable report were given.

(c)

Application for final detailed site plan approval. After receiving conditional approval on a preliminary sketch plan, the approval for all necessary permits and curb cuts, the applicant may prepare his final detailed site plan and submit it to the planning commission for final approval; except that if more than 12 months has elapsed between the time of the planning commission's report on the preliminary sketch plan and if the planning commission finds that conditions have changed significantly in the interim, the planning commission may require a resubmission of the preliminary plan for further review and possible revision prior to accepting the proposed final site plan for review. The final detailed plan shall conform to the preliminary sketch plan that has received preliminary approval. It should incorporate any revisions or other features that may have been recommended at the preliminary review. All such compliances shall be clearly indicated by the applicant on the appropriate submission. An application for final site plan approval shall also contain:

(1)

The final site plan at a scale of 50 feet to one inch. Where more than one sheet is required to show the entire development, a key map shall be provided.

(2)

The lines of existing and proposed streets and sidewalks immediately adjoining and within the development or development stage.

(3)

An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivision, streets and easements within 500 feet of the applicant's property.

(4)

A topographic map showing contour intervals of not more than five feet of elevation shall be provided.

(5)

A final sketch plan including the following information:

a.

Title of drawing, including the name and address of the applicant.

b.

North point, scale and date.

c.

Boundaries of the property plotted to scale.

d.

Existing watercourses, including improvements and proposed changes.

e.

A site plan showing location, proposed use and height of all buildings; location of all parking and truck loading areas, with access and egress drives thereto; location and proposed development of all open spaces including parks, playgrounds and open space reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences; description of method of sewage disposal and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for nonresidential uses, if any.

(6)

A tracing overlay showing all soil areas and their classifications and those areas, if any, with moderate to high susceptibility to erosion. For areas with potential erosion problems, the overlay shall also include an outline and description of existing vegetation. This will be prepared by a qualified soils analyst.

(7)

The name of existing and proposed streets.

(8)

Typical cross sections of proposed streets and sidewalks.

(9)

Profiles of proposed streets at suitable vertical scale showing finished grades in relation to existing ground elevation.

(10)

Layout of proposed lots, including lot numbers and proposed numbering system for buildings.

(11)

The location and size of any existing and proposed sewers (stormwater and/or sanitary), water mains and pipes on the property or into which connection is proposed.

(12)

Provisions for water supply and sewage disposal and evidence that such provisions have received approval of the county department of health.

(13)

Locations of survey monuments.

(14)

A planting plan indicating locations, varieties and minimum sizes of trees to be planted and of existing trees to be preserved. Existing wooded areas need not be itemized, but should be generally described.

(15)

Brief specifications or reference to county standards for all public facilities to be constructed or installed within the development stage.

(16)

The final site plan shall clearly delineate the boundaries of any permanent agricultural or open space use, its acreage and its percent of the total planned unit development area.

(d)

Action on the final detailed sketch plan application. Within 30 days of the receipt of the application for final sketch plan approval, and after a duly advertised public hearing, the planning commission shall render a decision to the applicant and so notify the board of county commissioners. If no decision is made within the 30-day period, the final sketch plan shall be considered approved.

(1)

Upon approving an application, the planning commission shall endorse its approval on a copy of the final sketch plan and shall forward it to the board of county commissioners, who shall then hold a public hearing within 30 days of such approval.

(2)

Upon disapproving an application, the planning commission shall so inform the board of county commissioners. The planning commission shall notify the applicant in writing of its reason for disapproval. A copy of the appropriate minutes may suffice for this notice.

(3)

Upon approval the board of county commissioners, notice shall be forwarded to the zoning officer for issue of building permits.

(e)

Request for changes in sketch plan.

(1)

If in the detailed sketch plan development it becomes apparent that certain elements of the sketch plan, as it has been approved by the board of county commissioners, are unfeasible and in need of significant modification, the applicant shall then present his solution to the planning commission as his preliminary sketch plan in accordance with the procedures in subsection (d) of this section. The planning commission shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution. If a negative decision is reached, the sketch plan shall be considered as disapproved. The developer may then, if he wished, produce another sketch plan in conformance with the approved sketch plan.

(2)

If an affirmative decision is reached, the planning board shall so notify the board of county commissioners stating all of the particulars of the matter and its reasons for feeling the project should be continued as modified. Preliminary sketch plan approval may then be given only with the consent of the board of county commissioners.

(f)

Staging. If the applicant wishes to stage his development, and he has so indicated, then he may submit only those stages he wishes to develop for sketch plan approval in accordance with his staging plan. Any plan which requires more than 24 months to be completed shall be required to be staged, and a staging plan must be developed. It is the intent of this division that individual stages of the development will have an integrity of use in their own right so that, if for any reasons the entire development would not be completed, those portions of the development already constructed will be an asset to the community by themselves. Staging plans must take into account this objective, and developers proposing individual stages that deviate significantly from the overall character of the development should present convincing evidence that such a stage is indeed in keeping with this section.

(1991 LDR ch. 79, § 6.05(D); Ord. No. 2007-07, § 18, 11-20-2007)

For the purpose of regulating development and use of property after initial construction and occupancy, any changes other than use changes shall be processed as a special permit request to the planning commission. Use changes shall also be in the form of a request for special permit except that board of county commissioners approval shall be required. It shall be noted, however, that properties lying in planned unit developments are unique and shall be so considered by the planning commission and the board of county commissioners when evaluating these requests; and maintenance of the intent and function of the planned unit development shall be of primary importance.

(1991 LDR ch. 79, § 6.05(E)(1))

Sketch plan review under the provisions of this division shall suffice for planning commission review for subdivisions under county subdivision regulations, subject to the following conditions:

(1)

The developer shall prepare sets of subdivision plats suitable for filing with the office of the county clerk in addition to those drawings required in this division.

(2)

The developer shall plat the entire development as a subdivision; however, planned unit developments being developed in stages may be platted and filed in the same stages.

(3)

Final sketch plan approval under section 50-905 shall constitute final plat approval under the county subdivision regulations; and provisions in county law requiring that the plat be filed with the county clerk.

(1991 LDR ch. 79, § 6.05(E)(2))

No building permits shall be issued for construction within a planned unit development district until improvements are installed or a performance bond or letter of credit posted in accordance with the same procedures as provided in county law relating to subdivisions. Other such requirements may also be established from time to time by the board of county commissioners.

(1991 LDR ch. 79, § 6.05(F))

Editor's note— Ord. No. 2023-9, § 9, adopted December 5, 2023, repealed § 50-676. Former § 50-676 pertained to schedules of district uses and lot, yard, and height restrictions; other supplemental development regulations; generally and derived from 1991 LDR ch. 79, art. 4, sched. 1; Ord. No. 00-1, § 2, adopted February 3, 2000; Ord. No. 00-02, § 3, adopted June 27, 2000; Ord. No. 05-02, §§ 3—9, adopted June 7, 2005; Ord. No. 05-03, §§ 1—3, adopted June 7, 2005; Ord. No. 2007-05, § 2, adopted September 18, 2007; Ord. No. 2007-06, § 2, adopted November 20, 2007; Ord. No. 2009-02, §§ 2—17, 22, adopted July 7, 2009; Ord. No. 2011-05, § 4, adopted September 19, 2011; Ord. No. 2014-02, § 3, adopted April 22, 2014; Ord. No. 2014-03, § 3(a)—(g), adopted April 22, 2014; Ord. No. 2018-004, § 4, adopted March 20, 2018; Ord. No. 2022-9, § 3, adopted April 5, 2022; and Ord. No. 2022-12, § 1, adopted May 17, 2022.

Schedule 2. Lot, Setback and Height Regulations

(1991 LDR ch. 79, art. 4, sched. 2; Ord. No. 2014-02, § 3, 4-22-2014; Ord. No. 2022-9, § 4, 4-5-2022)

Schedule 2-1. Lot Cover Regulations

(1991 LDR ch. 79, art. 4, sched. 2-1; Ord. No. 2007-03, § 21, 7-17-2007; Ord. No. 2014-02, § 3, 4-22-2014; Ord. No. 2022-9, § 6, 4-5-2022; Ord. No. 2025-2, § 1, 3-18-2025)

(a)

Nonconforming legal lot of record. In any zoning district, a building permit may be issued for a structure on a nonconforming legal lot of record, provided that: the use of the structure is permitted in the zoning district; required setbacks are met; and the lot abuts a street a distance of at least 30 feet or has access via an easement serving no more than two lots and which easement connects to a public street.

(b)

Accessory structures and uses on lots. On lots of five acres or more in size, accessory uses and structures are allowed prior to a principal use or principal structure and may be located anywhere within the yard. On lots less than five acres in size, no accessory uses or structures are allowed until a principal structure exists on the lot and the accessory uses or structures may be located anywhere within the yard. Each accessory structure must meet required setbacks.

(c)

Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 30 feet distant from their point of intersection.

(1991 LDR ch. 79, § 5.01; Ord. No. 2007-03, § 21, 7-17-2007; Ord. No. 2022-9, § 7, 4-5-2022; Ord. No. 2024-6, § 1, 11-5-2024)

Editor's note— Ord. No. 2024-1, § 5, adopted April 2, 2024, repealed § 50-680. Former § 50-680 pertained to reconfiguring a parent parcel or parcel of record that is not located within a recorded subdivision and derived from Ord. No. 2022-17, § 1, adopted September 20, 2022.

Editor's note— Ord. No. 2022-9, § 9, adopted April 5, 2022, repealed § 50-681, which pertained to minimum yard regulations for accessory structures and derived from 1991 LDR ch. 79, § 5.03; Ord. No. 2007-03, adopted July 17, 2007.

Editor's note— Ord. No. 2022-9, § 10, adopted April 5, 2022, repealed § 50-682, which pertained to height regulations and derived from 1991 LDR ch. 79, § 5.04; Ord. No. 2007-03, adopted July 17, 2007.

(a)

Unenclosed uses. Any unenclosed use, as may be required by this chapter to be landscaped or otherwise screened in order to be blocked from view by abutting properties, shall provide a fence, screen or landscaping sufficient to obscure such uses from view from abutting properties lying in R districts or from public rights-of-way.

(b)

Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a violation of this division.

(1991 LDR ch. 79, § 5.05; Ord. No. 2007-03, § 21, 7-17-2007)

No person, shall strip, excavate or otherwise remove top soil, shale or gravel for sale, or for use other than on the premises from which such top soil, shale or gravel shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto, except as permitted in the A/RR and I zones and division 4 of this article.

(1991 LDR ch. 79, § 5.06(A); Ord. No. 2007-03, § 21, 7-17-2007)

The zoning officer shall be authorized to develop administrative procedures regulating the use of portable sawmills and woodchippers as land clearing operations in zoning districts A/RR, RR, RR-2 and R. These administrative procedures shall include, but are not necessarily limited to, the following requirements:

(1)

All logs cut into lumber must come from the property on which the sawmill is located.

(2)

A maximum time, which shall be determined proportional to the acreage to be cleared and/or the amount of timber to be cut, shall be established. The time period shall generally not exceed 30 days but extensions may be granted at the discretion of the zoning officer upon reasonable requests being made.

(3)

The zoning officer shall limit the hours of operation if the location warrants this restriction.

(4)

The proposed location of a portable sawmill shall necessarily include comments from the county forester in an advisory capacity to the zoning officer.

(1991 LDR ch. 79, § 5.06(B); Ord. No. 2007-03, § 21, 7-17-2007)

Fences six feet or less in height are unrestricted. Fences over six feet in height shall be subject to review and approval or denial by the board of adjustment, unless such fences are being reviewed and approved or denied through the special exception or conditional use processes or this Code otherwise allows the fence for a particular use to be higher than six feet.

(1991 LDR ch. 79, § 5.06(C); Ord. No. 2007-03, § 21, 7-17-2007; Ord. No. 2023-9, § 8, 12-5-2023)

Editor's note— Ord. No. 2023-9, § 9, adopted December 5, 2023, repealed § 50-687. Former § 50-687 pertained to docks and derived from 1991 LDR ch. 79, § 5.06(D) and Ord. No. 2007-03, § 21, adopted July 17, 2007. Similar provisions can now be found in § 50-707.

Editor's note— Ord. No. 2023-9, § 9, adopted December 5, 2023, repealed § 50-688. Former § 50-688 pertained to recreational vehicle standards and derived from 1991 LDR ch. 79, § 5.07 and Ord. No. 2007-03, § 21, adopted July 17, 2007.

(a)

Any commercial development in excess of five acres, or any waterfront commercial development, shall document through the state historic preservation officer the presence or absence of known archaeological or historic sites.

(b)

Any residential subdivision requiring a new road, or any waterfront subdivision, shall document through the state historic preservation officer the presence or absence of known archaeological sites.

(c)

Regardless of size, any development proposed within an area which is known or suspected to contain archaeological sites shall receive an archaeological survey prior to any on-site construction or road building.

(d)

Archaeological sites designated as "minor" by the state historic preservation officer shall receive salvage excavation prior to development.

(e)

Archaeological sites designated as "major" by the site historic preservation officer shall require historic preservation as an integral part of the approved site plan.

(1991 LDR ch. 79, § 5.08; Ord. No. 2007-03, § 21, 7-17-2007)

(a)

No bulkhead or retaining wall shall be built beyond the limits of the bulkhead line, as established under the applicable state or county laws. Such established bulkhead line shall serve as the zoning district boundary established by this article. Any such revision, alteration or deletion of the established bulkhead line will automatically alter the terms of this section and reestablish the zone district boundary to coincide with the revised bulkhead lines.

(b)

All bulkheads in the location designed thereof are to be approved by the county engineer after the application is made in writing to the building official.

(c)

The regulation of boat docks, piers, wharfs, floating docks and mooring piles or piers of any nature shall be in conformance with any applicable state or county laws.

(1991 LDR ch. 79, § 6.09(C); Ord. No. 2007-03, § 21, 7-17-2007)

State Law reference— Bulkhead lines, F.S. § 253.1221.

Editor's note— Ord. No. 2025-2, § 2, adopted March 18, 2025, repealed § 50-691. Former § 50-691 pertained to open space and derived from LDR ch. 79, § 6.10 of the 1991 Code; Ord. No. 2007-03, § 21, adopted July 17, 2007 and Ord. No. 2007-05, § 3, adopted September 18, 2007.

(a)

Definition. As used in this section, the term "wellfield" is defined as a single well or a series of interconnected wells supplying potable water to more than four households and/or more than four businesses and/or more than four property ownerships.

(b)

New wellfields. Prior to development of any proposed wellfield, drawdown tests will be conducted by the applicant for the purposes of establishing the extent of the cone of depression. No wellfield may be developed that would include a septic system, animal waste holding pond or any manmade water retention area within the area encompassed by the cone of depression.

(c)

Existing wellfields. No septic system, animal waste holding pond or any manmade water retention area shall be installed within the area encompassed by the cone of depression of an existing wellfield. If the extent of the cone of depression has not been established, no development will be permitted within 660 feet of an existing wellfield.

(1991 LDR ch. 79, § 6.11; Ord. No. 2007-03, § 21, 7-17-2007)

(a)

The county comprehensive plan has designated all floodplains in the county as conservation areas, both within the text and on the future land use map. To be consistent with the plan (and also with the recommendations of the Suwannee River Advisory Task Force and governors executive order), special conservation area density standards have been developed. Because most conservation areas are also floodprone, the following standards have been included as a part of this zoning section. It is the intent of the board of county commissioners that these density and performance standards shall be treated as overlay zones and they take precedence over any less restrictive requirements of the underlying zoning districts.

CONSERVATION AREA DENSITY AND PERFORMANCE STANDARDS
FOR LEVY COUNTY, FLORIDA

(b)

With the exception of Fowlers Bluff, which contains an unincorporated community water system, all other areas under the jurisdiction of the board of county commissioners may be provided with central water or central sewer only by an incorporated city or town, a special district, or a municipal services district.

(1991 LDR ch. 79, § 4.03; Ord. No. 2007-03, § 21, 7-17-2007; Ord. No. 2022-9, § 2, 4-5-2022)

Editor's note— Ord. No. 2022-9, § 2, April 5, 2022, renumbered § 50-677 as § 50-693, as set out therein.

Within any accident potential area, multifamily development is expressly prohibited, and single-family dwellings will be limited to one dwelling unit per acre, or to a density as may be depicted on the Williston Municipal Services District Map, whichever is the more restrictive.

(Ord. No. 98-03, § 3, 5-5-1998; Ord. No. 2007-03, § 21, 7-17-2007; Ord. No. 2022-9, § 5, 4-5-2022)

Editor's note— Ord. No. 2022-9, § 5, April 5, 2022, renumbered § 50-678 as § 50-694, as set out therein.

This table establishes, for each zoning district, permitted uses (allowed by right), conditional uses (allowed if approved by staff pursuant to subdivision 5 of this division) and uses by special exception (allowed if approved by the county commission pursuant to subdivision 6 of this division).

Any use that is not listed as permitted, conditional or special exception and is not an accessory use (refer to subdivision 3 of this division) or a temporary use (refer to subdivision 4 of this division) is a prohibited use in that zoning district. When the zoning official interprets whether a particular proposed or existing use is permitted by right, is a conditional use, a use by special exception, a temporary use, an accessory use or a prohibited use in a particular zoning district, the zoning official may consider factors including, but not limited to, the following:

(1)

Hours of operation (including hours for service and deliveries);

(2)

Building and site arrangement relative to the neighboring permitted uses;

(3)

Types of vehicles used and parking requirements;

(4)

The number of vehicle trips generated; and

(5)

Whether the activity is likely to be found independent of the other activities on the site.

Each use must conform with all applicable requirements of this Code. A use may be listed in this table as allowed in a zoning district, but if a particular lot or structure does not meet the minimum requirements of this Code, the use will not be allowed on that lot or in that structure unless it is recognized as a legal non-conformity.

All uses, except for single-family dwellings, are subject to site plan review by staff in accordance with section 50-775, and other requirements, such as environmental provisions, contained in this Code.

Notes to Use Table:
Pursuant to Article IV, Section 9 of the Florida Constitution, the keeping of captive wildlife is regulated exclusively by the Florida Fish and Wildlife Conservation Commission (FWC). Any captive wildlife kept in the county must meet all FWC requirements. For the purpose of county zoning district use regulations, the county looks only at the use of the animal (regardless of the type or species of animal). For example, the use of an animal as a personal pet is allowed in any zoning district. The use of an animal for commercial agricultural purposes is allowed in a bona-fide or intensive agricultural operation in the zoning districts that allow that use. In contrast, the use of an animal in a laboratory is prohibited because laboratories are prohibited.

(Ord. No. 2023-9, § 11, 12-5-2023; Ord. No. 2025-5, § 2, 9-2-2025)

This section provides requirements and limitations for accessory uses. Any accessory use that is not listed below, or is not a clearly customary and incidental use to the principal use, is a prohibited use.

(Ord. No. 2023-9, § 12, 12-5-2023)

In all agricultural and residential zoning districts (refer to section 50-661), one single-family dwelling is allowed as an accessory use to the principal single-family dwelling without being included in density calculations, subject to all of the following requirements:

(1)

Location. An accessory dwelling unit may be attached to or detached from the principal dwelling.

(2)

Minimum lot size. The minimum lot size for a principal and accessory dwelling unit is one acre, provided the total estimated daily flow for the principal and accessory dwelling units combined does not exceed the maximum flow limits established by the Florida Department of Environmental Protection or other applicable regulatory agency.

(3)

Access. An accessory dwelling unit and any off-street parking spaces must be served by the same driveway/driveway connection as the principal dwelling.

(4)

Standards. An accessory dwelling unit must comply with all standards applicable within the zoning district, including required setbacks and building height limits.

(5)

Owner occupancy required. The property owner must permanently reside in and maintain homestead exemption for either the principal dwelling or the accessory dwelling unit. If the property owner fails to do so, only one of the dwelling units can be occupied.

a.

Existing principal dwelling. Prior to the issuance of a building permit for the construction of an accessory dwelling unit on a lot with an existing principal dwelling, the owner/applicant must submit a signed affidavit (in the recordable form provided by the county) along with proof of homestead exemption for the principal dwelling; or

b.

New principal dwelling and new accessory dwelling unit. Prior to the issuance of building permits for a new principal dwelling and an accessory dwelling unit that are being applied for at or near the same time, the owner/applicant must submit a signed affidavit (in the recordable form provided by the county) affirming that the property owner will permanently reside and obtain/maintain homestead exemption on the lot.

(6)

Building size. The floor area of the accessory dwelling unit is limited to a maximum of 50 percent of the floor area of the principal dwelling or 1,200 square feet, whichever is greater.

(7)

Water and wastewater services. An accessory dwelling unit must be connected to: (1) the central water and central sewer system that serves the principal dwelling; or (2) where central water and central sewer service is not available, a shared well and septic with the principal dwelling and/or its own well and septic, provided all applicable requirements of the Florida Department of Environmental Protection or other applicable regulatory agency are met.

(8)

No conveyance. Ownership of an accessory dwelling unit may not be transferred or conveyed and must remain under unified ownership with the principal dwelling.

(Ord. No. 2023-9, § 12, 12-5-2023)

Except for docks on the Withlacoochee River which must comply with section 50-166, et seq., docks are allowed as an accessory use provided:

(1)

The property owner has self-certified that the dock is exempt from Department of Environmental Protection (DEP) permitting, has obtained a DEP General Permit; or has obtained a DEP Environmental Resource Permit;

(2)

The dock and/or boathouse cannot be used as a business;

(3)

The dock and its use cannot create a navigation hazard;

(4)

Dredging is prohibited;

(5)

The dock and/or boathouse cannot be designed or constructed to accommodate more than two boats;

(6)

Non-water related structures, such as gazebos, sun decks and screen houses, are prohibited;

(7)

On rivers and canals, the dock cannot extend waterward of the mean or ordinary high water line more than 500 feet or 25 percent of the width of the water body at that particular location, whichever is less. On any other body of water, the dock cannot extend out from the shoreline any further than a maximum depth of minus four feet at mean low water. Where the water depth is minus four feet at mean low water adjacent to an existing bulkhead, the dock cannot extend further than 25 feet from the bulkhead, subject to modifications accommodating shoreline vegetation overhang; and

(8)

The dock and/or boathouse must be setback 25 feet or more from side riparian lot lines.

(Ord. No. 2023-9, § 12, 12-5-2023)

As recognized in F.S. § 559.955, a home-based business that meets the following criteria may operate as an accessory use to an occupied dwelling:

(1)

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

(2)

Parking related to the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the public right-of-way, on or over a public sidewalk, or on any unimproved surfaces at the residence. The parking or storage of heavy equipment (which means commercial, industrial, or agricultural vehicles, equipment, or machinery) at the business must be shielded by a fence or buffer so it is not visible from the public right-of-way or neighboring property.

(3)

As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to a dwelling to accommodate a home-based business must conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the dwelling; however, incidental business uses and activities may be conducted at the residential property.

(4)

The business must not create any nuisance conditions, such as noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

(5)

The business must comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

(Ord. No. 2023-9, § 12, 12-5-2023)

(a)

In all agricultural and residential zoning districts and on property that is used for residential use within a non-residential zoning district:

(1)

Outdoor storage areas may not front on public right-of-way and may not be located in the front yard.

(2)

The storage of up to two vehicles that are inoperable and/or lack a current tag or registration is permitted in the side yard and/or rear yard, but not within any required setback areas.

(3)

This section applies only to storage areas and not to the parking of any vehicles that have a current tag/registration in the name of and are regularly driven by the owner or occupant of the dwelling.

(b)

In commercial zoning districts and industrial zoning districts, outdoor storage areas may not be located within 100 feet from the property line of any residentially zoned property.

(c)

All outdoor storage areas must be located behind an opaque fence that obscures the view from all adjoining properties and public right-of-way. All items stored outdoors must be maintained in a safe and secure manner, including, but not limited to, being supported or tied; tie downs and tarpaulins must be secured from rattling and flopping in windy weather; and storage shall not become a public nuisance by virtue of excessive accumulation, pest or vermin infestations, odor or other conditions that threaten the public health, safety and welfare.

(d)

Recreational vehicles that are being stored may not be occupied or connected to water or septic.

(Ord. No. 2023-9, § 12, 12-5-2023)

The raising or keeping of domestic livestock or bees for personal (not business) use, including 4-H and/or FFA projects, is allowed as an accessory use to a dwelling.

(Ord. No. 2023-9, § 12, 12-5-2023)

Agritourism activity is allowed as an accessory use to a bona fide agricultural operation. Agritourism activity is defined in F.S. § 570.86, to mean any agricultural related activity consistent with a bona-fide agricultural operation which allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy activities, including farming, ranching, historical, cultural, civic, ceremonial, training and exhibition, or harvest-your-own activities and attractions. An agritourism activity does not include the construction of new or additional structures or facilities intended primarily to house, shelter, transport, or otherwise accommodate members of the general public. An activity is an agritourism activity regardless of whether the participant paid to participate in the activity.

(Ord. No. 2023-9, § 12, 12-5-2023)

A private airstrip or runway is allowed as an accessory use to a dwelling or a bona fide agricultural operation; provided it is registered and/or licensed as required by the Florida Department of Transportation and/or Federal Aviation Administration.

(Ord. No. 2023-9, § 12, 12-5-2023)

The temporary uses listed below are allowed. In addition, the zoning official is vested with the administrative authority to issue a written permit (which may include conditions) to allow other temporary uses for a period not to exceed 30 days in any 365 day period in any zoning district when such temporary use is not otherwise addressed in this Code and the zoning official finds the use is of a temporary (not permanent) nature, is not inconsistent with the comprehensive plan and is not reasonably expected to be detrimental to surrounding properties, the environment or the general public health, safety and welfare. This permit may be immediately revoked by the zoning official upon finding that the temporary use is in violation of permit conditions or is being operated or conducted in a manner that is detrimental to surrounding properties, the environment or the general public health, safety and welfare. The zoning official shall send written notice of the revocation to the permit holder.

Any temporary use that is not listed below or is not authorized by written permit issued by the zoning official is a prohibited use.

(1)

Recreational vehicle occupancy. In all zoning districts, no recreational vehicle may be used for living, sleeping or housekeeping purposes, except as follows:

(a)

One recreational vehicle (that is operable and has a current tag/registration in the name of the owner or occupant of the dwelling) is allowed to accommodate friends or relatives of the owner or occupant of the dwelling for up to one week (seven consecutive calendar days) in each month, but may not be operated as a business; and

(b)

The property owner may reside in a recreational vehicle on-site during the time a building permit is active for construction, renovation or set up of a dwelling on the property.

(2)

Temporary uses related to construction. Temporary uses directly related to and necessary to support/conduct construction may remain on the construction site during the time a permit for the construction is active.

(3)

Mobile service business. Mobile service businesses, such as an automotive detailing or wood chipping, that set up on the customer's property for a temporary period are allowed for the time necessary to complete the service for the customer.

(4)

Excavation and fill activity. All temporary activity (six months or less within a one year period) that involves using tools or machinery (blasting and processing are prohibited) for excavation (the removal of soil, rock, or other natural materials from the natural surface of the earth to form an open face, hole, or cavity) and/or fill (the work of adding soil, rock or other natural materials to the natural surface of the earth to modify the existing topography of the site) requires a permit prior to commencement or continuance of such activity, unless exempt.

(a)

Exempt activities:

(i)

Projects that have an active building permit or active development order issued by the county, which permit or order requires the proposed excavation or fill. Such as, but not limited to, a mining operation approved by special exception;

(ii)

Public works projects by federal, state or local government entities;

(iii)

Projects on a bona fide or intensive agricultural operation (defined in section 50-1) which are incidental to the agricultural operations, do not involve the sale or transfer of material to a third party, and do not alter the historic drainage patterns to or from the surrounding properties;

(iv)

Utilities projects where the excavation is backfilled;

(v)

Stormwater management systems permitted by the State of Florida;

(vi)

Onsite sewage treatment and disposal systems permitted by the State of Florida; and

(vii)

Graves in approved cemeteries.

(b)

General requirements. The following are the general requirements for excavation and fill, unless other requirements are specified in the permit issued by the county:

(i)

Perimeter side slopes shall not exceed 1:3 for dry excavations.

(ii)

Perimeter side slopes for wet excavations shall not exceed 1:4 to a depth of six feet below the average water level in the excavation and not greater than 1:2 below the six feet depth.

(iii)

Excavations not intended to be backfilled shall meet the building setbacks for the subject parcel zoning or the following, whichever is greater: 100 feet from any county roadway classified as collector or greater or from any state or federal roadway, 50 feet from any county roadway classified as less than collector, 50 feet from any private or utility easement, 75 feet from any private well or onsite sewage treatment and disposal system.

(iv)

Excavations shall not exceed 25 feet in depth from the natural grade.

(v)

Geotechnical assessment shall be performed for proposed excavations where the NCRS soil survey indicates a seasonal high water table within five feet of the natural grade. The boring shall extend a minimum of ten feet below the proposed excavation depth. At least one boring shall extend to the water table. A minimum of one boring per ten acres shall be performed. A sieve analysis shall be conducted and reported on a maximum five-feet interval and where soil types are noted.

(vi)

Excavations intended to be dry shall have a bottom elevation a minimum of two feet above the seasonal high water table as determined by a geotechnical engineer or soil scientist trained to make such a determination.

(vii)

Fill material for load bearing purposes shall be free of roots, boards, organic matter and other debris that may decompose or otherwise adversely affect the loadbearing capacity. For non-load bearing purposes, fill material shall be clean material not containing trash, solid wastes or any form of debris that is subject to consolidation or uneven settling, or encourages the presence of insects, termites, or vermin in the opinion of the county engineer. Any material placed within county rights-of-way shall meet the requirements for load bearing purposes.

(viii)

Erosion and sedimentation controls shall be implemented along the perimeter of the activity to prevent offsite erosion and sedimentation.

(ix)

All disturbed areas shall be stabilized by planting with a temporary and permanent ground cover to prevent erosion and sedimentation. The creation of unstabilized disturbed area shall be minimized to the greatest extent feasible for the duration of the activity.

(x)

Stockpiles of material at the site shall be limited to a maximum height of 25 feet and must be located outside of the required setback areas.

(xi)

Excavation and fill activities are limited to daylight (sunrise to sunset) hours, Monday through Saturday.

(xii)

No excavated material may be hauled offsite unless authorized in the permit. If hauling is authorized, the following applies:

a.

All hauling must follow the haul route approved in the permit.

b.

All loads shall be covered to prevent the loss of material from the hauling vehicle as it travels along the roadway.

c.

All hauling vehicles shall be clearly marked with the name of the owner or company operating the vehicle.

d.

The permittee and hauler shall have joint and several liability and financial responsibility for any damages to public or private property, human, animal or plant life due to hauling to or from the site. The county may recover any costs to repair damages to county maintained or dedicated roads, bridges, and/or drainage infrastructure caused by the hauling associated with the permit.

(c)

Application. An application for an excavation and fill permit must be submitted on the form provided by the county. The following information must be provided in or with the application submitted to the county planning and zoning department:

(i)

Name, address and contact information of the property owner.

(ii)

Name, address and contact information of the person doing the work.

(iii)

Payment of the fee specified in appendix B.

(iv)

The parcel number of the subject parcel.

(v)

A location map showing the subject parcel location relative to the nearest municipality.

(vi)

A boundary survey of the subject parcel including a legal description.

(vii)

A site plan for the proposed activity which clearly shows the following:

a.

The shape and dimensions of the area of the proposed excavation or fill, including the acreage.

b.

The location of all existing and proposed features of the site, buildings shall be dimensioned and distance to the property lines shall be shown.

c.

All street and easements abutting the subject parcel and any interior easements.

d.

Any water, depressions, or sinkholes on the subject parcel.

e.

All stormwater management systems on or within 200 feet of the subject parcel.

f.

The location of any buildings located within 200 feet of the subject parcel with approximate distances from the property line.

g.

Topographic survey prepared by a certified surveyor of the area of site being excavated or filled, plus an additional 100 feet outside of the affected area or as needed to clearly show the historic drainage patterns in, through, and/or out of the affected area. The survey shall clearly indicate the position of the survey within the overall property if the whole parcel is not being affected. This survey shall include the location and character of any special flood hazard areas or environmentally sensitive lands (as mapped in the county's comprehensive plan) located on or within 100 feet of the parcel.

h.

Grading plan showing how the proposed activity will tie into the existing topography once completed which clearly indicates how the historic drainage patterns will be maintained. Typical section of the perimeter grading shall be provided which clearly shows the proposed slopes and relationship to the nearest property boundary if located within 100 feet of the boundary.

i.

Erosion and sedimentation plan showing the best management practices to prevent damage to areas outside the proposed activity and the methods and timing to stabilize the disturbed area once completed.

j.

Haul route shall be shown on a map which clearly indicates the route that haul vehicles will take to and from the site, if excavated material will be hauled offsite. Map shall include a north arrow, scale and road names.

k.

A narrative of the proposed activity which includes the purpose for the work, schedule including start of activity, duration and phasing (if applicable), proposed days and hours of operation, a tabulation of the volumes to be excavated and/or filled, the depth of the proposed excavation and/or fill and the slopes associated with the activity, the source and type of any fill material being utilized in the project, and the deposition of any materials leaving the site.

l.

A list of all permits required by state and federal agencies to undertake the proposed activity.

(d)

Completeness determination; approval or denial. Upon receipt of a permit application, county staff will review the application for completeness. The applicant will be notified if any additional information is required in order to process the application. Upon finding the application to be complete, the application will be reviewed by county staff for compliance with this section. If compliant, the county planning and zoning director or designee, will issue a permit or written denial (with a brief statement of the reasons therefor). No excavation and fill permit may be approved for an operation that, in the opinion of the county staff, presents a threat to the public health, safety or general welfare of adjacent properties or the community.

(e)

Amendments. Amendments to an approved and active excavation and fill permit shall follow the same process as an initial application.

(f)

Applications deemed withdrawn. In the event an applicant requests to pause its application at any time in the process, the applicant shall have a maximum of six months from the date of the application was submitted to the county to request its application be fully processed. In the event the applicant does not contact the county to proceed with the application during this six month period, the application is deemed withdrawn and the applicant will be required to submit a new application and fee.

(g)

Revocation. Any violation of the permit is grounds for revocation by the county or any other action at law or in equity to enforce the provisions of the permit or code. Regardless of revocation or compliance with any permit condition, the permittee shall be responsible for repair, reclamation, or perform any other activity that the county deems necessary in the interest of the public health, safety or welfare.

(h)

Permit conditions. The following apply to any permit issued for excavation and fill. Additional conditions may be imposed as deemed necessary by the county based on the specific activity.

(i)

A copy of all permits required by other governmental agencies and supporting application materials or letters of exemption shall be provided to the county prior to commencement of the work.

(ii)

The permitee shall post the county excavation and fill permit at the entrance to the activity site at a location clearly visible to the public and maintain it until the activity is completed.

(iii)

County staff shall be allowed reasonable access to inspect the work for the duration of the permit and time required to close out the permit.

(iv)

The permit shall automatically expire one year from the date of issuance.

(v)

The permittee shall close out the permit at the end of the project as follows:

a.

Notify the county of the request to close out the project in writing and before the expiration date of the permit which includes a certification that the project has been completed in accordance with the approved permit application.

b.

Provide a topographic survey of the completed work if deemed necessary by the county or other agencies which permitted the project.

c.

County will then, within a reasonable time, inspect the site to examine the work for consistency with the approved permit. If the work is found to be in compliance, the county will issue a written statement of compliance. If the work is found not in compliance, the county will issue a written notice of deficiencies. The permittee shall remedy the deficiencies and request reinspection of the work.

(Ord. No. 2023-9, § 13, 12-5-2023; Ord. No. 2025-3, § 5, 3-18-2025)

The uses allowed as a conditional use in the zoning district use table are listed individually below and are subject to the review criteria, limitations and process outlined herein, including application to the county, review by county staff, and issuance of a final written approval or denial by the county zoning official.

(1)

Review criteria. The zoning official may approve an application for a conditional use upon finding that the proposed use meets the following criteria.

(a)

The use is consistent with the county comprehensive plan and is identified as a conditional use in the zoning district use table in this Code.

(b)

The use is conditioned upon meeting the specific requirements in this subdivision 5; and

(c)

The use is conditioned on compliance with all applicable general zoning and other requirements in this Code, including site plan review.

(2)

Limitations.

(a)

A conditional use approval is valid only for the specific use described in the final written approval issued by the zoning official. A conditional use approval shall expire and become null and void unless the conditional use is commenced within one year from the effective date of the written approval. Alternatively, the zoning official may proscribe such other timeframe as the zoning official deems appropriate for the particular use. Once the conditional use lawfully commences, the approval shall run with the land, is not transferable to a different site, and will remain in effect until the use is voluntarily ceased or the approval is revoked due to non-compliance.

(b)

Upon denial of an application for a conditional use, the zoning official may not consider an application for that use on all or any part of the same property for a period of six months after the denial. However, this limitation may be waived by a majority vote of the county commission when they deem it necessary to prevent injustice.

(3)

Process.

(a)

First step meeting with staff. Prior to submitting an application for a conditional use (or an amendment to an existing conditional use), the applicant or its agent, shall first meet with county technical staff (e.g., planning, roads, engineering) to discuss the proposed use and the process.

(b)

Written application. A request for a conditional use (or an amendment to an existing conditional use) shall be made on the application form provided by the county and accompanied by the applicable fee in appendix b to this Code. The application shall include, but is not limited to, the following:

1.

A site plan that conforms to sections 50-775 and 776 (as applicable).

2.

A legal description of the property.

3.

A narrative description of the project in sufficient detail to provide an understanding of the nature of the development proposal and a statement that the conditional use meets or will meet all the requirements, criteria, and standards for approval set forth in this Code.

4.

Any other information required by the zoning official or by other provisions of this Code which the zoning official determines necessary in order to process the application.

(c)

Completeness determination; staff approval or denial. Upon receipt, the zoning official or designee will review the application for completeness. If additional data or information is required, the zoning official or designee will advise the applicant and allow a reasonable time for the applicant to provide the additional data or information. Upon finding the application is complete, the zoning official will review the application for compliance and will issue a written approval or denial (with brief statement of reasons therefor) in the section of the application reserved for that purpose.

(4)

Application deemed withdrawn. In the event an applicant requests to pause its application at any stage in the process, the applicant shall have a maximum of six months from date the application was submitted to the county to request its application be fully processed. In the event the applicant does not contact the zoning official to proceed with the application during this six month period, the application is deemed withdrawn and the applicant will be required to submit a new application and fee.

(5)

Amendments. Amendments to approved and active conditional uses follow the same process as an initial application.

(6)

Inspection; revocation. County officials may, at any time, inspect a property that has a conditional use to determine compliance with the approval. Upon a finding of noncompliance, the enforcing official shall provide written notice of the noncompliance by certified return receipt mail to the property owner. The property owner shall have 30 days to achieve compliance or request an extension for good cause shown. If compliance is not accomplished within the 30-day period or any extension granted, the zoning official may revoke the conditional use. The zoning official shall send written notice of the revocation to the property owner. The decision of the zoning official is final action of the county, subject to appeal to a court of appropriate jurisdiction. Alternatively, the county may take any other action at law or in equity to enforce the provisions of a conditional use approval.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

All operations must be conducted within climate controlled, fully enclosed structure(s) that meet OSHA ventilation standards and any such structure must be located 300 feet or more from the property line of any property that contains a dwelling.

(2)

Primary access must be provided on a paved county, state or federal road with a minimum functional classification of major collector as designated by the traffic circulation element of the comprehensive plan or defined in this Code.

(3)

Entrance and exit driveways and parking spaces shall be constructed of impervious surface. A maximum of two driveways are allowed and the location and spacing of the driveways must meet or exceed the requirements of the county road department or state department of transportation.

(4)

All vehicles, parts or other outdoor storage must be located in the side and/or rear yard and surrounded by an opaque fence, constructed of chain link with aluminum slats, wood or masonry, that is a minimum of 6 feet and a maximum of ten feet higher than the crown of the road. The gate shall be closed at all times except when accessing the yard.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

The minimum parcel size is two acres.

(2)

Primary access must be provided on a paved county, state or federal road with a minimum functional classification of major collector as designated by the traffic circulation element of the comprehensive plan or defined in this Code.

(3)

Entrance and exit driveways and parking spaces shall be constructed of impervious surface. A maximum of two driveways are allowed and the location and spacing of the driveways must meet or exceed the requirements of the county road department or state department of transportation.

(4)

All oil drainage pits and hydraulic lifts must be located within an enclosed structure that is located 50 feet or more from any property line.

(5)

If adjacent to any property that contains a dwelling, a visual barrier (refer section 50-776) must be provided along that property line and all lighting shall be screened or shielded to protect adjacent residential uses.

(6)

All vehicles (excluding operable vehicles for sale), parts or other outdoor storage must be located in the rear yard and surrounded by a visual barrier (refer section 50-776). The gate shall be closed at all times except when accessing the yard.

(7)

All operable vehicles for sale may be located in the front, side or rear yard; but not within any setback area.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

Each retail fuel station shall be located on a paved county, state or federal road with a minimum functional classification of major collector as designated by the traffic circulation element of the comprehensive plan or defined in this Code.

(2)

Entrance and exit driveways and parking spaces shall be paved. A maximum of two driveways are allowed and the location and spacing of the driveways must meet or exceed the requirements of the county road department or state department of transportation.

(3)

All fuel storage tanks and fuel pumps must be set back at least 30 feet from any property or right-of-way line.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

Unless exempt pursuant to F.S. § 497.260, a cemetery must be licensed in good standing with the state.

(2)

Each cemetery shall be surveyed and the survey shall reflect a minimum area of one acre for the cemetery, the location of each burial plot, and minimum setbacks of 30 feet from all property lines. This survey will be recorded in the public records of Levy County.

(3)

Except for family cemeteries, each cemetery must provide sufficient parking for the number of burial plots, perimeter screening, and access control in the form of a fence and gate(s).

(4)

Cemeteries are prohibited in recorded subdivisions or Type II subdivisions filed with the clerk of the court.

(Ord. No. 2023-9, § 14, 12-5-2023)

The following provisions apply to all communications towers and antenna, regardless of height; except for towers and antenna used for governmental purposes and located on governmental property; telecommunications antenna used by amateur radio operators licensed by the Federal Communications Commission, including citizens band (CB), UHF Aircraft, and VHF Marine; telecommunications antenna used by investor-owned electric utilities, municipally-owned electric utilities or rural electric cooperatives for the provision of the essential service of electricity; or similar radio operators antenna, which is exempt, or local regulation preempted by, federal or state law.

(1)

Co-location on an existing tower or antenna is required, unless the applicant demonstrates that co-location is not feasible from a technical or engineering perspective, or that space is not available on any existing tower or antenna.

(2)

All towers or antenna shall be designed and constructed so that in the event of collapse or failure the tower or antenna structure will fall completely within the parcel. Certification of this requirement signed by a structural engineer currently licensed in Florida shall be provided by the applicant to the zoning official.

(3)

Tower owners are responsible for inspections of the tower or antenna at least once every five years to ensure structural integrity. Such inspections shall be conducted by a structural engineer currently licensed in Florida. The results of the inspection shall be retained by the owner and made available for county review upon request. Any tower or antenna found to be structurally unsound or otherwise found to constitute a danger to persons or property shall be repaired or removed within 90 days.

(4)

No signals, lights or illumination shall be permitted on any tower or antenna unless required by the Federal Aviation Administration or other regulatory agency.

(5)

Setbacks for accessory buildings and structures shall comply with the requirements for the zoning district in which the tower is located. The equipment used to operate any tower, antenna or other facility shall be stored in:

(a)

An existing building on the site;

(b)

A new equipment building, cabinet or shelter that is screened by a fence or wall of not less than six feet in height from finished grade, or by landscaping that conceals the cabinet or shelter; or

(c)

An underground vault. No equipment may be stored or parked on the site, unless used in direct support of the communications facility, or unless repairs to the facility are currently being made.

(6)

No signs or advertising are permitted on towers or antenna; except that all such facilities shall be identified by use of a metal plate or other conspicuous marking giving the name, address, telephone number and contact person for the tower owner and lessee/operator (if different from the owner).

(7)

A tower or antenna is considered abandoned when not used for transmission or retransmission for nine consecutive months. Upon determination that a tower or antenna has been abandoned, the county manager or designee shall provide written notice of the determination, by certified mail, to the property owner. Upon receipt of the written notice of abandonment, the owner shall have 90 calendar days to:

(a)

Reactivate the use of the tower or antenna;

(b)

Transfer the tower or antenna to another owner who makes actual use of the facility; or

(c)

Remove the tower or antenna and all associated equipment. If the tower is not removed within 90 calendar days of the receipt of notice of abandonment, the county may dismantle and remove the tower and recover the costs from the property owner.

At the earlier of: One year from the date of abandonment without reactivation, or upon completion of dismantling and removal, any permit or other approval issued for the tower or antenna shall automatically terminate.

(Ord. No. 2023-9, § 14, 12-5-2023; Ord. No. 2024-5, § 1, 8-6-2024)

Solar facilities that are permitted pursuant to F.S. § 163.3205 must meet the following buffer and landscaping requirements:

(a)

Buffers shall be provided of such type (opaque fencing or walls, evergreen vegetation, and/or berms), dimension and character to improve compatibility with adjacent uses. Generally, a buffer shall be of sufficient length and depth so as to shield collection and generating structures and equipment when viewed from all property lines and shall be a minimum of six feet and a maximum of ten feet in height at maturity.

(b)

All vegetation shall be Florida-friendly, drought resistant and compatible with the area soils.

(c)

Berms must run generally parallel to and no closer than 50 feet from the property line, must be of a uniform height above the natural surface of the ground, must be stabilized with the planting of vegetation, the slope of the exterior face of the berm shall not exceed 1:3, and adequate stormwater control shall be provided to protect adjacent properties from runoff caused by the berm.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

If located adjacent to an existing residential use or property zoned RR, R-1, R-2 or RR-3C, the practice is limited to small animals and all animals must be kept within a fully enclosed building between the hours of 9:00 p.m. through 7:00 a.m.

(2)

All animal runs, cages and holding areas must be cleaned on a routine basis. Methods of waste disposal and odor abatement shall be identified during the review process and must meet the standards of the county health department or other applicable regulatory agency.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

Primary access must be provided on a paved county, state or federal road with a minimum functional classification of major collector as designated by the traffic circulation element of the comprehensive plan or defined in this Code.

(2)

The site plan must adequately address stormwater runoff controls, fire prevention/control, and reduction of dust and noise emissions.

(3)

The sawmill or chipper must be located at least 1,200 feet from any dwelling.

(4)

Generally, no sawing or chipping equipment may be operated between the hours of 7:00 p.m. and 7:00 a.m. If additional hours of operation are requested, all such operations shall describe and provide methods of sound mitigation that will be used to ensure that noise levels at the property line do not exceed the county noise ordinance.

(5)

Stockpiling of sawdust, wood chips or shavings is prohibited.

(6)

In F/RR, a minimum lot size of 20 acres is required. In A/RR, a minimum lot size of ten acres is required.

The following regulations are intended to comply with F.S. ch. 419, and definitions for the terms used in this section can be found in F.S. § 419.001(1).

(1)

For a community residential home (small), as required by F.S. § 419.001(2), before licensure, the sponsoring agency must provide the zoning official with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the county in order to show that there is not a community residential home (small) within a radius of 1,000 feet and that there is not a community residential home (large) within a radius of 1,200 feet of the proposed home. At the time of occupancy of the community residential home (small), the sponsoring agency must notify the zoning official that the home is licensed by the licensing entity.

(2)

For a community residential home (large) when the sponsoring agency has selected a site in an area zoned for multifamily, the sponsoring agency shall notify the zoning official in writing of the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the licensing entity indicating the licensing status of the proposed community residential home (large) and shall specify how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The sponsoring agency shall also provide the county with the most recently published data compiled from the licensing entities that identifies all community residential homes within the jurisdictional limits of the county.

The zoning official shall review the notification of the sponsoring agency in accordance with county code. Pursuant to such review, the zoning official may:

(a)

Determine that the siting of the community residential home (large) is in accordance with county code and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

(b)

Deny the siting of the home, if the zoning official determines that the siting of the home at the site selected:

i.

Does not conform to existing zoning regulations applicable to other multifamily uses in the zoning district; or

ii.

Does not meet applicable licensing criteria established and determined by the licensing entity, including requirements that the home be located to assure the safe care and supervision of all clients in the home; or

iii.

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 is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area.

(c)

If the zoning official fails to respond within 60 calendar days, the sponsoring agency may establish the home at the site selected.

(3)

Community residential homes (small) and (large) which are located within a planned residential community are not subject to the proximity requirements of this section and may be contiguous to each other. A planned residential community must comply with all requirements of the county code. However, the county may not impose proximity limitations between homes within a planned residential community if such limitations are based solely on the types of residents anticipated to be living in the community.

(4)

A dwelling unit that is a community residential home (small) or (large) established pursuant to this section shall be subject to the code requirements applicable to other dwelling units in the zoning district in which it is established.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

The minimum parcel size is five acres and the maximum parcel size is 20 acres.

(2)

This use is prohibited on any parcel that is abutting property zoned RR, R-1, R-2, RR-3C, or RMU.

(3)

This use is prohibited within an FDEP Basin Management Action Plan (BMAP) area.

(4)

The entire perimeter must be surrounded by a visual barrier (refer section 50-776).

(5)

Stacking of vehicles or materials, crushed or uncrushed, cannot exceed the height of any required visual barrier.

(6)

All access shall be directly onto a paved state or county roadway with a minimum classification of collector road.

(7)

The burning, burying or smelting of metals or other materials is prohibited.

(8)

Facilities for the collection and recycling of used antifreeze, coolant, grease, oil, gasoline or diesel fuel must be provided on-premises. These facilities shall consist, at a minimum, of a structure with a roof and primary and secondary containment systems for the used fluids that are constructed in accordance with all applicable requirements.

(9)

Documentation of monthly (or more frequent) professional extermination treatments to control rodents, mosquitoes and other vectors must be retained on site.

(10)

Bulk storage of flammable or explosive liquids, solids or gasses is prohibited. As used herein, "bulk storage" means more than 500 gallons of flammable or explosive liquid, more than 500 pounds of flammable or explosive solids, or more than 100 cubic feet of flammable or explosive gasses. The storage of flammable or explosive liquids, solids, or gasses in less than "bulk storage" quantities shall meet all applicable federal, state and local requirements.

(11)

No materials or waste may be deposited or stored in any manner that leaches into the ground or is transferred off site by stormwater runoff.

(12)

Any material or waste which has the potential to cause fumes or dust, or which could constitute a fire hazard, or which is edible by or attractive to rodents or insects, must be stored outdoors in sealed containers constructed and approved for storing such material or waste.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

The minimum lot area is one acre.

(2)

Buffering and screening shall be provided as appropriate for the abutting land uses based on section 50-776.

(3)

All parking must occur on-site.

(4)

The lot must have direct access on a county road or a state road.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

Portable sanitation services must maintain an annual permit from the Florida Department of Environmental Protection and/or county health department as required by Rule 62-6.0101, Florida Administrative Code. Any on-site storage or disposal of domestic wastewater must comply with all federal, state, and local regulations and must maintain all necessary permits for such operations.

(2)

Primary access must be directly onto a paved county, state or federal road with a minimum functional classification of minor collector.

(3)

Entrance and exit driveways and parking spaces shall be paved. A maximum of two driveway connections are allowed, if permitted by the county road department or Florida Department of Transportation.

(4)

If adjacent to any property that contains a residential dwelling, a visual barrier (refer to section 50-775) must be provided along that property line and must be designed and constructed to visually screen the outdoor storage of any portable restrooms or handwashing facilities, restroom or shower trailers, storage tanks or related equipment. Outdoor storage cannot exceed the allowed height of the visual barrier.

(Ord. No. 2025-5, § 3, 9-2-2025)

(1)

The minimum parcel size is two acres.

(2)

Primary access must be provided on a paved county, state or federal road with a minimum functional classification of major collector as designated by the traffic circulation element of the comprehensive plan or defined in this Code.

(3)

Entrance and exit driveways and parking spaces shall be constructed of impervious surface. A maximum of two driveways are allowed and the location and spacing of the driveways must meet or exceed the requirements of the county road department or state department of transportation.

(4)

If adjacent to any property that contains a dwelling, a visual barrier (refer to section 50-776) must be provided along that property line and all lighting shall be screened or shielded to protect adjacent residential uses.

(6)

Homes for sale may be located in the front, side or rear yard; but not within any setback area. All other outdoor storage must be located in the rear yard and surrounded by an opaque visual barrier (refer to sec. 50-776). The gate must be closed at all times except when accessing the yard.

(Ord. No. 2023-9, § 14, 12-5-2023)

(1)

The minimum parcel size is ten acres.

(2)

The facility must be connected to municipal water and sewer service.

(3)

All structures must be a minimum of 1,200 feet from any dwelling.

(4)

The facility must maintain an active state license under Chapter 400, Part II for nursing homes or Chapter 429, Part I for assisted living facilities.

(5)

The following density calculations shall apply:

(a)

For assisted living facilities that are constructed as single-family, duplex or multi-family dwellings, two and one-half assisted living facility units shall be the equivalent of one dwelling unit.

(b)

For assisted living facilities that are operated as congregate living facilities and for nursing homes, every four beds shall be the equivalent of one dwelling unit.

(Ord. No. 2023-9, § 14, 12-5-2023)

The uses that are allowed by special exception as identified in the zoning district use table are listed below, are subject to the review criteria, limitations and process outlined herein, including application to the county, review by county staff, public notice and public hearings before the planning commission and the board of county commissioners who shall issue a final written decision of approval or denial.

(a)

Review criteria. The planning commission may recommend approval and the board may approve an application for special exception upon finding that the proposed use meets the below listed criteria. The planning commission may recommend and the board may impose additional conditions, limitations and safeguards as it deems necessary to protect the public health, safety and welfare.

(1)

That the use is consistent with the comprehensive plan and is identified as a special exception in the zoning district use table.

(2)

That the use is designed, located and proposed to be operated in a manner that it will not be injurious to the public health, safety, and welfare.

(3)

That the property is suitable for the use proposed by virtue of its location, shape, topography, and by virtue of its compatibility with adjacent development, and with the character of its zoning district.

(4)

That adequate buffering, landscaping and screening are provided to create visual and sound barriers from adjacent property.

(5)

That adequate off-street parking and loading are provided and ingress and egress is designed to cause minimum interference with or congestion of vehicular or pedestrian traffic on abutting streets or of boat or vessel traffic on adjacent waterways.

(6)

The use is conditioned upon conformance with all applicable zoning district and general regulations in this Code, including site plan review.

(7)

The use meets or use is conditioned upon meeting the specific requirements in this subdivision 6.

(b)

Limitations.

(1)

A special exception is valid only for the specific use described in the final written order issued by the board. Any violation of the written order is grounds for revocation of the special exception or any action at law or in equity to enforce the provisions of the special exception.

(2)

A special exception shall expire and become null and void unless the use is commenced within one year from the effective date of the written order. Alternatively, the board may provide such other timeframes as the board deems appropriate for the particular use. If any timeframe is not met, the special exception approval is rendered null and void. Once the special exception use lawfully commences, the approval shall run with the land, is not transferable to a different site, and will remain in effect until the use is ceased or the approval is revoked due to non-compliance.

(3)

Upon denial of an application for a special exception use, the board may not consider an application for that use on all or any part of the same property for a period of six months after the denial. However, this limitation may be waived by a majority vote of the board when they deem it necessary to prevent injustice.

(4)

Any special exception, or amendment to special exception, that authorized development that was not constructed within ten years of the date it was approved by the board and/or did not commence use within ten years of the date it was approved by the board, is null and void and said special exception or amendment to special exception is hereby repealed.

(c)

Process.

(1)

First step meeting with staff. Prior to submitting an application for a special exception (or an amendment to an existing special exception), the applicant or its agent, shall first meet with county technical staff (e.g., planning, roads, engineering) to discuss the proposed use and the process.

(2)

Written petition. A request for a special exception (or an amendment to an existing special exception) shall be made on the application form provided by the county and accompanied by the applicable fee in appendix b to this Code. The petition shall include, but is not limited to, the following:

(a)

A site plan that conforms to sections 50-775 and 776 (as applicable).

(b)

A legal description of the property.

(c)

A narrative description of the project in sufficient detail to provide an understanding of the nature of the development proposal and a statement describing how the special exception meets all the requirements, criteria, and standards for approval set forth in this Code.

(d)

Any other information required by the zoning official or by other provisions of this Code which the zoning official determines is necessary in order to process the application.

(3)

Completeness determination; staff report and recommendation. Upon receipt, the zoning official or designee will review the petition for completeness. If additional data or information is required, the zoning official or designee will advise the applicant and allow a reasonable time for the applicant to provide the additional data or information. Upon finding that a petition is complete, the zoning official will review the petition for compliance, prepare a staff report with recommendation(s) and notice the petition as required by law for public hearings before the planning commission and the county commission.

(4)

Public notice and public hearings. Notice of public hearings shall be given in accordance with sections 50-2 and 50-3. The zoning official and the applicant (in person, by agent or by attorney) shall appear at the hearings. At the completion of its public hearing, the planning commission will make a recommendation regarding the special exception petition to the board. The board will then hold a public hearing on the special exception petition. At the completion of its public hearing, the board may continue the matter or may direct the county attorney to draft a written order of approval or denial (with brief statement of reasons therefor) of the petition. Once the county attorney has prepared the written order, it must be noticed and placed on a board agenda for final action.

(d)

Petitions deemed withdrawn. In the event an applicant requests to pause its petition at any stage in the process, the applicant shall have a maximum of six months from the date the petition was submitted to the county to have its petition finally heard by the county commission. In the event the applicant does not contact the zoning official to proceed with the petition during this six month period, the petition is deemed to be withdrawn and the applicant will be required to submit a new special exception application and fee.

(e)

Amendments.

(1)

Minor amendments. An amendment to an existing special exception shall be considered minor where it will not cause an expansion to the existing use, or additional impacts to surrounding properties, natural resources, or public infrastructure. A minor amendment does not require a planning commission public hearing and instead may proceed to the board for one hearing with a written order.

(2)

Major amendments. A major amendment to an existing special exception is any change that is not deemed to be a minor amendment. A major amendment to an existing special exception shall be reviewed using the same process as an initial application.

(f)

Inspection;Revocation. County officials may, at any time, inspect a property that has a special exception to determine compliance with the approval. Upon a finding of noncompliance, the enforcing official shall provide written notice of the noncompliance by certified return receipt mail to the property owner. The property owner shall have 30 days to achieve compliance or request an extension for good cause shown. If compliance is not accomplished within the 30-day period or extension time granted, the county commission will hold a revocation hearing. The decision of the county commission is final action, subject to appeal to a court of appropriate jurisdiction. Alternatively, the county may take any other action at law or in equity to enforce the provisions of the special exception approval.

(Ord. No. 2023-9, § 15, 12-5-2023)

In accordance with F.S. § 823.14, the county will review intensive agricultural operations through the special exception process in order to determine whether all such activity is regulated through implemented best management practices or interim measures developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or Water Management Districts and adopted under chapter 120 as part of a statewide or regional program. Any activity that is not regulated by state best management practices or interim measures will be regulated by conditions and limitations imposed in the special exception based on the activities of that particular operation.

(Ord. No. 2023-9, § 15, 12-5-2023)

As educational facilities consist of public and private elementary, middle or high schools, colleges, vocational and technical schools, and each such facility is unique and the complexities are varying, the development requirements, conditions and limitations for each facility will be specified during the special exception review process.

(Ord. No. 2023-9, § 15, 12-5-2023)

(1)

General standards.

(a)

Must be located within a municipal service district as mapped in the county comprehensive plan.

(b)

Must be served by municipal water and sewer as evidenced by a binding agreement with the municipality that will provide the water and sewer services. The county will not issue a certificate of completion or certificate of occupancy until the RV park is connected to water and sewer service.

(c)

The minimum parcel size is five acres.

(d)

Sites (a site is defined as the entire area for a designated campsite, regardless of whether there are any vertical improvements) may be improved (electric, water and/or sewer hookups) or primitive (with no hookups). Sites may be provided for recreational vehicles (e.g., motor homes, truck campers, travel trailers), tents, yurts and/or cabins. Cabins are limited to 400 square feet or less, including outdoor porches, and must be constructed in compliance with the Florida Building Code and Florida Fire Protection Code.

(e)

The maximum density of all sites combined may not exceed eight per acre. Density shall be calculated as gross density and include all land area exclusive of major bodies of water starting at the high-water mark within the parcel. A maximum of ten percent of the total number of sites may be utilized for cabins. Primitive sites shall be located, designed, and intended to afford the users an opportunity to camp in a quiet, uncongested and natural setting, therefore the density of the area designated for primitive sites shall not exceed four spaces per acre.

(f)

All principal and accessory structures and sites shall be setback a minimum of 50 feet from any property line.

(g)

There shall be a visual barrier or landscaped buffer around the perimeter at least 25 feet in width. Landscaping in this buffer shall conform to the requirements of section 50-776.

(h)

Guests are restricted to stays that do not exceed 90 consecutive days or 180 calendar days during any one-year period. The storage of unoccupied RV units within the RV park is prohibited.

(i)

At a minimum, on-site water retention shall be adequate to retain the 25-year storm unless applicant provides a letter of exemption from the applicable water management district or FDEP.

(j)

No RV unit may be tied down, blocked up or otherwise made to be immobile. Permanent screen rooms, carports or utility sheds are prohibited on sites. Parking of RV units in areas not designated for such use is prohibited. Permanent and temporary storage on-site are expressly prohibited in floodprone areas.

(k)

If an evacuation order is given, all RV units must be removed from the property.

(2)

Access and traffic circulation.

(a)

The RV park is limited to one ingress point and one egress point (both of which must be on a paved arterial or collector roadway) and one emergency drive.

(b)

The RV park must provide paved vehicular access from a paved road to each site, except for primitive campsites.

(c)

All internal roadways within the RV park shall have a minimum right-of-way of 30 feet, shall be paved to county specifications, and shall be marked or signed.

(d)

RV park entrance paving shall be at least 36 feet wide.

(e)

No entrance to or exit from an RV park is permitted through a residential neighborhood or subdivision.

(f)

Pedestrian and bicycle paths must be paved a minimum of six feet in width.

(3)

Permitted accessory uses. The accessory uses listed below are allowed provided their use is restricted to guests staying at the RV park, they are located and accessed internally to the RV park, and they do not have separate signage external to the RV park. In addition, other accessory uses may be specified in the special exception order.

(a)

Recreation amenities such as pools, tennis and shuffleboard courts, recreation rooms, equestrian facilities, nature and walking trails, playgrounds, tot lots, docks, and similar facilities;

(b)

Gate houses or similar facilities designed to provide security to the park;

(c)

Maintenance facilities;

(d)

Administrative office space necessary for operation of the park;

(e)

Commercial or retail use, including convenience food and beverage items and RV/camping supplies. However, the structure for a commercial or retail use may not be constructed until a minimum of 75 percent of the RV sites have been constructed or installed; and

(f)

One permanent residence for the park owner, manager or security guard.

(4)

Open space standards. At least 20 percent of the gross site area of the RV park must be set aside as open space (which may include the recreation amenities allowed above).

(a)

Open space shall not include streets, parking lots, sites, buildings, public rights-of-way, or water and sewer treatment facilities.

(b)

Up to 50 percent of the required open space may include on-site stormwater retention areas.

(c)

Open space used as buffer areas or left undeveloped shall retain, to the maximum extent practicable, existing native vegetation.

(Ord. No. 2023-9, § 15, 12-5-2023)

(1)

Definitions.

Mining or mining operations means all aspects of the excavation or extraction of natural resources from or deposited on a tract or parcel of land, including the area of excavation, fill and processing areas. Mining does not include excavation, grading and/or fill: (a) on a bona fide or intensive agricultural operation (defined in section 50-1) which activities are incidental to the agricultural operations; or (b) for on-site construction; provided such agricultural or construction activities do not involve the sale or transfer of material to a third party and do not alter the historic drainage patterns to or from the surrounding properties.

Natural resources means all natural subsurface deposits of commercial value, including, but not limited to, phosphate, sand, clay, stone and minerals; provided, however, that water is specifically excluded from this definition.

Reclamation means the reasonable rehabilitation of land where mining has occurred.

Substantial deviation means any proposed change to a mining operation that creates a reasonable likelihood of additional individual and cumulative impacts not previously reviewed and approved by the county. This includes, but is not limited to, an expansion or new area being mined, excavated or filled, or a change in the character or nature of the mining operation that is reasonably expected to affect traffic or other off-site impacts.

Vested mining operation means a mining operation that: (a) began operations before January 22, 1975 (the effective date of county zoning ordinance 75-1) and has been in continuous operation; or (b) holds a valid, unexpired special exception issued by the county on or after January 22, 1975 and has been in continuous operation, or has been dormant but has continuously maintained valid permits (or permit exemptions) from all applicable state regulatory agencies. Any substantial deviation to a vested mining operation requires a special exception in accordance with this section.

(2)

Minimum criteria, standards and conditions.

(a)

Access; hauling. Each mining operation must be serviced by roads of adequate capacity and strength to accommodate the traffic volume and/or impacts of the mining operation. The following are minimum access and hauling requirements:

i)

Ingress and egress must be directly from a paved road classified as a major collector or greater.

ii)

Access and truck routes to and from the site are prohibited through recorded subdivisions or Type II subdivisions filed with the clerk of the court.

iii)

The applicant shall ensure that neither public nor private property is damaged by the hauling of material, and that hazardous traffic conditions will not be created.

iv)

Ingress and egress from the driveway connection point into the mining property a minimum distance of 250 feet is required to be paved or constructed of other durable and appropriate material that reduces the tracking of dust, soil and/or rock onto the public roadway. Geometry of the connection shall be in accordance with Florida Department of Transportation specifications or as required by the county based on characteristics of the connecting roadway and the proposed mining operation.

v)

Advanced warning signs shall be installed on the connecting roadway to alert users to the ingress and egress points. At a minimum, the advanced warning shall be "Truck Entering Highway" sign. Flashing lights or other devices may be required by the county based on the conditions at the connection. A stop sign shall be provided on all egress points.

vi)

Internal access routes from the mining operation to the public roadway shall be identified and shall have the least adverse impact on surrounding uses.

vii)

Any anticipated adverse impacts on the roadways or safety from the mining operation must be addressed at the expense of the applicant.

viii)

The receipt of a permit from the county shall include an irrevocable license to enter the mining operation to complete any inspections deemed necessary to assurance compliance and/or to complete any necessary reclamation in the event that the mining operation fails to do so.

(b)

Setback requirements. No mining operations may occur within 100 feet of any boundary of the property.

(c)

Buffering. Each mining operation must provide adequate buffering of such type, dimension and character to improve compatibility of the proposed mining operation with uses and structures on adjacent properties. The minimum requirements for buffering are as follows:

i.

Length. The buffer shall be of sufficient length so as to shield mining activity from incompatible land uses.

ii.

Opacity. The buffer shall provide a minimum opacity of 80 percent when viewed from the property line into the property toward the mining operations from ground level to a height of ten feet minimum in order to shield mining activity from adjacent uses. Components of the mining operation such as towers, stockpiles, and other similar items that exceed ten feet in height are not required to be shielded. The required opacity shall be provided prior to the start of mining operations using any combination of the following methods:

1.

Vegetative screen comprised of native vegetation when sufficient to provide the required opacity during all seasons.

2.

Vegetative screen comprised of planted vegetation consisting of evergreen or other non-deciduous trees native to the area and compatible with area soils.

3.

A berm, provided it is used in conjunction with a minimum 50-feet vegetative area located between the berm and the property lines. The berm must be of sufficient height (not exceeding ten feet above natural surface of the ground) to provide the required opacity. The berm shall be stabilized with the planting of suitable vegetation. The slopes of the berm shall not exceed 1:3. The berm shall not impair the existing natural flow of stormwater runoff from adjacent properties into the site.

4.

A perimeter fence 6-foot to 10-foot in height which provides the required opacity.

5.

Alternative methods approved by the board.

(d)

Environmental impacts. The mining operations shall not adversely impact surface waters, including springs, rivers, tributaries in quantity or quality; aquifers in quantity or quality; existing dumpsites, landfills, effluent disposal areas or public water supply wellheads.

(e)

Nuisance or hazardous conditions. The mining operations may not create noise, odor, dust, vibration, off-site glare, or other conditions so as to adversely impact adjacent property or cause hazardous conditions.

(f)

Slope requirements. Sides of reclaimed limestone, shell and dolomite mines must provide a shore line slope consistent with the latest regulations of the department of environmental protection bureau of mine reclamation. Sand, clay or dirt borrow pits shall be left with side slopes not steeper than one foot vertical for each three foot horizontal measurement, or the slope requirement provision of the state agency issuing the environmental resource permit. Excavations which extend below the water table shall be left with side slopes not steeper than one foot vertical for each four foot horizontal measurement to a depth at least six feet below the average water level and no greater than one foot vertical for each two feet horizontal measurement six feet below the average water level.

(g)

Hours of operation. General operations at the site shall be restricted to daylight hours (sunrise to sunset) Monday through Saturday, unless further restrictions are imposed by the board to minimize impacts on surrounding uses. Maintenance work or emergency operations may be undertaken at such hours as necessary to address immediate safety or welfare issues.

(h)

Reclamation plan. A reclamation plan shall be prepared which meets the requirements of state agencies. The plan shall include timeframes for implementation and the anticipated future use of the site.

(3)

Prohibited areas. Mining operations are prohibited in the following areas:

(a)

Non-blasting mine: Within a 500-foot radius of abandoned dumpsites, landfills or effluent disposal areas as identified by the Florida Department of Environmental Protection; within a 1,000-foot radius of a public water supply wellhead with a capacity of 100,000 gallons or greater per day, or the identified well withdrawal area, if larger; or within 300 feet of any lot that is five acres or less and is zoned RR, R-1, R-2, RR3-C or RMU.

(b)

Blasting mine: Within a 1,000-foot radius of abandoned dumpsites, landfills or effluent disposal areas as identified by the Florida Department of Environmental Protection; Within a one mile radius of a public water supply wellhead with a capacity of 100,000 gallons or greater per day, or the identified well withdrawal area, if larger; or within 1320 feet of any lot that is five acres or less and is zoned RR, R-1, R-2, RR3-C or RMU.

i.

Any mine: Within two miles of the Manatee Springs or Fanning Springs State Park boundaries; Within the Priority Focus Area of any Basin Management Action Plan as defined by the Florida Department of Environmental Protection; or within 1,320 feet of schools; hospitals; county, state or federal parks, conservation and/or natural resource areas.

(4)

Mining impact assessment report. All proposed mining operations shall provide a mining impact assessment report prepared by a licensed engineer registered in the State of Florida or other qualified expert. The report shall identify all individual impacts resulting from the mining operation and all cumulative impacts from similar activities within one-quarter mile of the site. The report shall address the following:

(a)

Compatibility. This section of the report shall address the impact of all activities proposed at the site on the surrounding area within one-quarter mile of the site including uses, environmental, cultural and historical resources. This assessment shall include blasting, vibration, sound, and dust at a minimum. The report shall identify all design and buffering improvements proposed to mitigate the impacts to the surrounding area identified in the report.

(b)

Transportation system. This section of the report shall address the impact of the proposed activities on the roadway system serving the mining operation. A traffic analysis shall be provided that identifies the existing background traffic, proposed traffic generation throughout the life of the mining operation, the existing and projected level of service of the roadway system, the structural strength of the existing roadway and the required strength to support the projected traffic, the sight distances at the connecting road, and recommendation as to whether accessory lanes are needed at the connection point. An impact analysis on the existing roadway system shall be provided which includes recommendation for any upgrade deemed necessary to prevent damage, method of repair to damage caused by and/or mitigation of impacts to the roadway system. This analysis shall include a cost estimate to accomplish the remediation, repair, or mitigation.

(c)

Water use. This section of the report shall address the impact that the mining activity will have on the groundwater and surface waters including jurisdictional wetlands within 200 feet of the mining area. Proposed mines within two miles of a listed spring shall identify potential impacts on the spring due to the proposed mining operation. All uses of water within the site shall be identified and quantified. This shall include the effects of changes in use and topography along with any other changes that might affect the groundwater and/or surface waters in and within 200 feet of the site boundary or within 1,320 feet if blasting is proposed. The aquifers under the site shall be identified along with the expected high water level as identified by onsite geotechnical investigation. The report shall indicate how groundwater quality will be protected.

(d)

Stormwater management. This section of the report shall address the impact of the proposed mining activity on stormwater runoff into and from the site.

(e)

Grading. This section of the report shall provide information related to the proposed excavation and fill activities. This shall include a topographic survey of the property and extend a minimum of 100 feet outside of the property, proposed grades after completion of mining and reclamation, typical sections showing perimeter and interior slopes, erosion and sedimentation controls, phasing of activities at the site including initial construction, mining blocks, and reclamation at a minimum. Any flood prone areas within the site shall be identified and reasonable assurance provided that the capacity of the flood zone will not be diminished.

(f)

Operation. This section of the report shall provide information related to the day to day operations proposed at the site. This shall include expected activities on the site, hours of operation, internal access routes, staging areas for traffic, methods of excavation, methods of processing fill material, types of materials onsite, storage methods, methods to control dust, noise, light and vibration to levels, and the life of the mining operation at a minimum. Additional information may be needed based on the activities proposed.

(g)

Reclamation. This section of the report shall provide information on how the mining area will be reclaimed after the mining activity is completed. This shall include time frame for the completion of the reclamation, the anticipated future use of the site and any other information. A cost estimate shall be provide for the approved reclamation plan.

(5)

Permits. The proposed mining operation shall obtain all required federal, state, and local permits prior to commencement of mining activities on the site. A copy of all permits shall be submitted to the county along with the supporting application material. The county may require amendments to the special exception based on information and conditions contained in the other agency permits and supporting application material. All required permits shall be maintained during the life of the mining operation and all operations shall be in compliance with the permits.

(6)

Liability for mining operations; financial surety required. The applicant and/or operator of mining operation shall have absolute liability and financial responsibility for any damages to public or private property, human, animal, or plant life, or any mineral or water-bearing geologic formations incurred due to the mining operations, failure of any site improvements such as, but not limited to, dams, spillways, outlet structures, settling or thickening ponds. The following bonds or other surety in a form approved by county shall be provided prior to beginning mining operations. If the mining operations are phased, the bonds, or other surety, may be provided in increments that cover the active phases.

(a)

Reclamation bond. Two thousand dollars per acre of land designated to be mined or 150 percent of the reclamation cost estimate (refer to (4)(g) above), whichever is greater.

(b)

Environmental bond. If the mining operations use storage areas to contain processing water such as slime, settling or thickening ponds, $1,000.00 per acre-foot of storage area shall remain in effect as long as the storage areas are being used and remain unconsolidated.

Release from financial security may be accomplished by written request to the county which includes a topography survey of the affected area of the site. Upon receipt of the request, the county shall make a final inspection to ascertain if the required conditions have been met. The release shall be granted within 30 days of a determination that all conditions have been met.

(Ord. No. 2023-9, § 15, 12-5-2023)

(1)

The minimum lot area is one acre when located within a Municipal Service District (MSD) and three acres when located outside of an MSD.

(2)

Buffering and screening shall be provided as appropriate for the adjoining land uses based on the requirements in section 50-776.

(3)

All parking shall be located on-site.

(4)

The lot must have direct access on a paved county or state road.

(5)

Where athletic fields or other outdoor uses that include lighting and installation and/or use of an audio system are adjacent to property zoned RR, R-1, R-2, or RR-3C or any property developed with existing dwellings, the board may impose such site specific conditions as they deem necessary to address compatibility and limit off-site impacts. Outdoor uses are limited to the hours of 8:00 a.m. to 8:00 p.m., unless otherwise specified in the special exception.

(Ord. No. 2023-9, § 15, 12-5-2023)

(1)

As used in this section, "electric generating facilities" means any project subject to the Florida Electrical Power Plant Siting Act, F.S. §§ 403.501 through 403.518.

(2)

Electric generating facilities shall meet the following criteria, standards, conditions, and requirements:

(a)

The facilities must be consistent with the comprehensive plan and must comply with all requirements of this chapter.

(b)

The minimum parcel size is 2,500 acres.

(c)

The maximum lot coverage shall be determined by the board of county commissioners but impervious surface generally shall not exceed a maximum of 20 percent.

(d)

The maximum height of any structures shall be determined by the board of county commissioners, but generally shall not exceed a maximum height of 300 feet.

(e)

The operational area (power islands) shall be surrounded by security fencing as required by state or federal agencies for security purposes.

(f)

Potential impacts from water use to springs, rivers, tributaries, or water quality shall be addressed in the Power Plant Site Certification Process under F.S. ch. 403.

(g)

The facilities shall not create any public nuisance (e.g., noise, odor, dust, vibration, or off-site glare), substantial traffic or degradation of road infrastructure or hazardous traffic conditions.

(h)

Where the subject property is located in or contains environmentally sensitive areas as designated by the land development regulations or the comprehensive plan, the applicant shall provide a permit or letter of exemption from the appropriate State of Florida Water Management District and the Florida Department of Environmental Protection and any other permitting agency with competent jurisdiction.

(i)

Generating structures or equipment are prohibited in the following areas measured from the structure or equipment. The term "generating structures or equipment" includes installations directly involved in generating electricity, such as reactors, boilers, turbines, cooling towers and similar facilities.

a.

Within one mile of schools and hospitals; within one-quarter mile of county, state or federal parks or within 660 feet if buffering methods are approved by the board in accordance with the buffering standards below.

b.

Within one mile of a pre-existing platted and recorded subdivision with lot sizes of five acres or less that include constructed streets and developed parcels; or within 1,320 feet if buffering methods are approved by the board in accordance with the buffering standards below.

(j)

Screening and buffering shall be of such type, dimension and character to improve compatibility of the proposed facilities with land uses and structures on adjacent properties. The minimum requirements for buffering are as follows:

a.

A buffer of sufficient length so as to shield generating structures or equipment from incompatible land uses when viewed from the property lines.

b.

A buffer with a minimum depth of 100 feet measured perpendicular from the property line.

c.

The buffer shall shield adjoining properties when viewed from the property line. The buffer must shield the operation at the time electric generation begins. Shielding shall meet an 80 percent opacity standard. Cooling towers and other similar items that cannot functionally exist below the buffer need not be shielded.

d.

The buffer shall consist of a vegetated screen, augmented by a berm, if required, to obtain opacity. The following conditions apply to the vegetated screening:

i)

A 100-foot wide vegetative screen is standard, except where a berm is necessary. Where a berm is necessary, the outer 50 feet of the buffer must consist of the vegetative screen.

ii)

Existing trees located within the vegetative screen area must remain unless not native to the area.

iii)

If sufficient vegetation does not exist, the vegetative screen area shall be planted primarily with evergreen or other non-deciduous trees native to the area and compatible with the area soils.

iv)

The vegetative screen shall be a minimum of ten feet in height at maturity.

e.

The following are requirements for berms where utilized to augment vegetative buffers:

i)

The berm shall generally run parallel to, and no closer than 50 feet from the property line, but may be modified where there are impeding physical features, such as wetlands or other such features.

ii)

The berm shall be built to the height necessary (not to exceed ten feet above the natural surface of the ground) to shield generating structures or equipment from the property line (excluding cooling towers and other similar items that cannot functionally exist below the buffer) so that it cannot be viewed through the buffer from adjoining properties when viewed from the property line. The berm shall generally be of uniform height for its length, but may undulate at varying heights at or below the ten-foot maximum set herein, while still providing the shielding from view of adjoining properties from the property line.

iii)

The berm must be stabilized with the planting of vegetation. Sloping requirements to the exterior face of the berm shall not exceed 1:2, vertical to horizontal.

iv)

Adequate stormwater control shall be provided to protect the adjacent properties from additional runoff caused by the earthen berm.

(k)

All electric generating facilities shall comply with the following access requirements:

a.

The facilities must have direct access to a major collector or arterial road with adequate capacity to accommodate the traffic volume and load impacts and not adversely impact surrounding uses; or the applicant must enter into an agreement with the county or the FDOT to make the necessary improvements to the impacted roads.

b.

Access and truck routes to the site through streets in platted recorded and unrecorded residential subdivisions are prohibited.

c.

The applicant or owner shall, at their expense, install turn lanes, median cuts overpasses and/or traffic control devices deemed necessary (i) for state highways, by the Florida Department of Transportation, based on standard warrant procedures used by DOT to determine the need for such improvements; (ii) for county roads, by Levy County, based on the DOT publication entitled "Design Standards for Design, Construction and Maintenance and Utilities Operations on the State Highway System" and the ITE Manual 7th Edition. The cost of any required road improvements shall be credited against corresponding county impact fees under chapter 47 of this Code.

(l)

All operational areas (except for security fences, berms, guard houses, transmission lines, access roads, rail lines, water pipelines and conveyances, water wells, monitoring wells and similar accessory uses that do not produce excessive light, noise, dust or odor) shall meet the following setback requirements:

a.

No use or structure shall be within 100 feet of any property boundary or public road right-of-way boundary.

b.

No use or structure shall be closer than 330 feet to a pre-existing adjoining residentially developed lot, regardless of the location of the residence on the lot or parcel.

(3)

Electric generating facilities impact assessment report. Each application shall include an impact assessment report prepared by a professional environmental consulting, planning, geology or engineering firm addressing subsections a. through c. below. The assessment report shall identify all individual and cumulative impacts resulting from construction and development, including any phasing of the proposed electric generating facilities' operations or activities.

a.

Compatibility. This portion of the report shall address the impact of electric generating activities, (if applicable), vibration, noise and sound, generated from the project site and transmitted to the surrounding area; the surrounding character of the area and development in proximity to the proposed facilities (i.e., residential and non-residential structures and accessory uses) and environmental, cultural and historical resources. The applicant for the special exception shall identify design and buffering improvements proposed to mitigate impacts to the surrounding area identified in the report and ensure protection of identified environmental, cultural and historical resources.

b.

Transportation system. This portion of the report shall include the anticipated impact on the roads serving the proposed facilities. This is to be assessed in a submitted traffic analysis that identifies existing and projected level of service, projected trip generation, structural stability of the county roads impacted and distribution of traffic. The traffic analysis shall take into consideration peak hour traffic generated at shift changes, and shall base the analysis on build-out projections for phased projects. The applicant shall identify all improvements proposed to mitigate impacts to the transportation network.

c.

Water pumping activities. Any electric generating facilities that include water-pumping activities shall not adversely impact water quality, run-off to adjacent properties, or existing legal uses as regulated by the appropriate water management district. The applicant shall provide water use approval under the Power Plant Siting Act in F.S. ch. 403, prior to the issuance of the final construction approval document for the facilities.

(Ord. No. 2023-9, § 15, 12-5-2023)

No permits or certificates shall be issued except where all provisions of this article have been complied with.

(1991 LDR ch. 79, § 9.01; Ord. No. 2007-03, § 23, 7-17-2007)

(a)

It shall be duty of the zoning official to issue a certificate of zoning compliance, provided they are satisfied that the proposed use conforms with all requirements of the zoning district within which the proposed use will be located, and will meet all other requirements of this article. This certificate shall be obtained before application is made for a building permit.

(b)

In the event the zoning official cannot issue a certificate of zoning compliance because the property fails to meet the requirements in (a) above, the property owner may request an equitable estoppel certificate (as an alternative to a certificate of zoning compliance) if they meet all requirements of this subsection (b).

(1)

Definitions.

Authorized county official means an employee of the county who was acting on behalf of the county in making good faith determinations regarding zoning matters.

Complete application means filling out all the information required in the form provided by the county, attaching all relevant and necessary documentation and paying the fee for an equitable estoppel certificate set forth in appendix B of this Code.

Equitable estoppel certificate means the written document issued by the county zoning official after they determine the requirements of this subsection have been met.

Good faith reliance means the property owner did not have actual knowledge of the county comprehensive plan and/or land development code requirements and did not create a violation of those requirements.

Property owner means the person(s) who obtained the zoning determination and such person(s) must also be the current fee simple owner(s) of the property.

Significant action means the property owner expended significant time, effort or money in reliance on the zoning determination. Examples include closing on the purchase of the property or obtaining a permit and constructing improvements.

Zoning determination means a prior written document issued by an authorized county official who made a determination regarding a specific zoning matter on a specific property. It does not include generalized inquiries.

(2)

Process.

a.

To request an equitable estoppel certificate, a property owner must submit a complete application to the county planning and zoning department.

b.

Upon receipt of an application, county staff will conduct an initial review of the application. In the event the application is incomplete, the county will notify the property owner and the application will not be processed further by the county. The property owner will be given 30 days to complete their application, after which it will be deemed denied and no fee refund will be issued.

c.

Upon reviewing a complete application, the county zoning officer will issue a written approval or denial. In the event the county requires further information from the property owner or requires time to conduct independent research or verification, county staff will notify the property owner and request further information, if applicable.

(3)

Requirements for approval. In order to approve an equitable estoppel certificate, the county zoning officer must find that:

a.

The property owner has met their burden of proving the elements of equitable estoppel, which include, at a minimum:

1.

The original or a copy of the zoning determination;

2.

A written description of, together with written documentation (not verbal or heresay/indirect communication) as evidence of, the significant action that the property owner took in good faith reliance on the zoning determination; and

3.

A written explanation of why it would be unjust for the county to refuse to recognize the zoning determination at this time.

b.

There have been no changes in federal, state and local law (including the county comprehensive plan and code of ordinances) that have occurred after the date of the zoning determination that would render it null and void, in whole or in part.

c.

The property owner has made reasonable efforts within their control towards compliance, such as unifying adjoining parcels under common ownership to come nearer to meeting density requirements.

(4)

Limitations; effect of an equitable estoppel certificate. The county will accept an application for an equitable estoppel certificate only in the limited circumstances described in this subsection. Any evidence of fraud in application or documentation is grounds for immediate denial. An equitable estoppel certificate serves as an alternative to a certificate of zoning compliance and is issued for the limited purpose of allowing the property owner to make application for a building permit in order to make present (not future or speculative) use of their property. An equitable estoppel certificate is valid for a period of 90 calendar days from the date of issuance, subject to changes in law during that time. An equitable estoppel certificate grants no other rights or cause of action.

(c)

A certificate of concurrency is also required prior to issuance of building permits, pursuant to article VII of this chapter.

(1991 LDR ch. 79, § 9.03; Ord. No. 2007-03, § 23, 7-17-2007; Ord. No. 2022-17, § 2, 9-20-2022)

Editor's note— Ord. No. 2022-17, § 2, adopted Sep. 20, 2022, amended § 50-772, and in so doing changed the title of said section from certificate of zoning compliance to read as set out herein.

Editor's note— Ord. No. 2025-3, § 1, adopted March 18, 2025, repealed § 50-773. Former § 50-773 pertained to building permits and derived from 1991 LDR ch. 79, § 9.04; Ord. No. 05-01, § 10, adopted May 17, 2005; and Ord. No. 2007-03, § 23, adopted July 17, 2007.

Editor's note— Ord. No. 2025-3, § 1, adopted March 18, 2025, repealed § 50-774. Former § 50-774 pertained to certificate of occupancy and derived from 1991 LDR ch. 79, § 9.05 and Ord. No. 2007-03, § 23, adopted July 17, 2007.

(a)

Every non-residential use or development (regardless of the zoning district in which it is located) is subject to site plan review in accordance with this section and other requirements, such as environmental provisions contained in this Code. The following shall be the minimum requirements for such site plan:

(1)

Project identification.

a.

Title of project or development.

b.

Name of engineer, architect and developer.

c.

North point, scale, date and legal description of proposed site.

(2)

Existing conditions.

a.

Boundaries of the property involved, all existing easements, existing buildings, section lines, property lines, existing street paving and rights-of-way, topography, environmental features, including wetlands, floodplains, protected or endangered species, existing surface water areas, existing water mains, sanitary and storm sewers, culverts and other underground structures in and adjacent to the property.

b.

A one inch equals 200 feet aerial photograph of sufficient quality to delineate existing vegetation, or a tree survey prepared by a licensed surveyor or engineer.

(3)

Proposed development plans that incorporate the general design standards in (b) below.

a.

Location and dimensions of proposed uses, setbacks, screening and buffering, landscaping, signs, lighting, structure heights, streets, ingress/egress or other access points, parking and loading areas, refuse and other service areas, docks, surface water areas, fire hydrants, sanitary and storm sewers, culverts, water mains and other underground structures.

b.

Size of proposed lots or parcels.

c.

Proposed signs, including type, dimensions and character.

d.

Proposed lighting, depicted and described in a photometric plan.

(4)

Tabulation of proposed development plans.

a.

Tabulations of total number of gross acres in the site and the acreages and percentages thereof proposed to be devoted to the uses including: uses (residential, commercial, industrial or other nonresidential), streets, parking and loading areas, recreation areas, retention areas and open and enclosed storage areas.

b.

Tabulations of total number of dwelling units by dwelling type within the project.

c.

Proposed development schedule and phasing.

d.

Square footage of floor area by type of structure.

The zoning official, development department director or the board of county commissioners, or other provisions of this Code, may require additional information to be included in any site plan submitted pursuant to this section.

The zoning official will coordinate review of the site plan by the various county departments. The property owner shall address any comments/revisions made by county staff during the site plan review process. Upon receiving site plan approval and a certificate of zoning compliance from the zoning official, the property owner may apply for building permit(s) and plan review by the development department.

(b)

Compliance with the following general design standards, where applicable, must be noted or depicted on the site plan:

(1)

Buildings.

(a)

All buildings in the layout and design shall be an integral part of the development and shall have convenient access to and from adjacent uses and blocks.

(b)

Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

(c)

All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible, and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.

(d)

All buildings shall be arranged so as to be accessible to emergency vehicles.

(2)

Landscape.

(a)

Landscape treatment for plazas, roads, paths, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.

(b)

Primary landscape treatment shall consist of shrubs, ground cover and street trees, and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be Florida-friendly, drought resistant and compatible with the area soils.

(c)

Whenever appropriate, existing trees shall be conserved and integrated into the landscape design plan. For each tree 16 inches in diameter or greater, as measured at a point of four and one-half feet above ground level, removed for development purposes, a replacement tree must be planted by the developer on the project site. Replacement tree sizes and species are left to the discretion of the developer. If the tree species to be planted are not drought tolerant, an irrigation system must be installed. These replacement trees are in addition to the open space trees required in (e) below.

(d)

All streets bordering the project area shall be planted at appropriate intervals with street trees.

(e)

All open space areas must contain (or be planted with) a minimum of three trees per acre on a project site greater than ten acres; five trees per acre on a project site of five to ten acres; and seven trees per acre on a project site of less than five acres. Tree species shall be predominantly (over 50 percent) native trees. If the tree species to be planted are not drought tolerant, an irrigation system must be installed. Tree sizes and spacing or grouping are left to the discretion of the developer.

(3)

Circulation system.

(a)

There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking and loading space.

(b)

Roads, pedestrian walks and open space shall be properly related to existing and proposed buildings and appropriately landscaped.

(c)

Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

(d)

Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

(e)

Materials and design of paving, lighting, fixtures, retaining walls, fences, curb benches, etc., shall be of good appearance, easily maintained and indicative of their function.

(4)

Parking and loading.

(a)

Parking facilities shall be landscaped and screened from public view to eliminate the unsightliness and monotony of parked cars.

(b)

Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways and/or elevators.

(c)

Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

(d)

Any above grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.

(e)

The following are guidelines for parking spaces: Generally, one parking space should be provided per 200 square feet of gross floor area of the structure, with each parking space being 162 square feet in size. Parking spaces for persons who have disabilities shall be provided as required by state and federal law.

(5)

Visual barriers. Where required, a visual barrier shall be a minimum of six feet high and shall consist of one or any combination of the following:

(a)

An opaque fence constructed of professional grade fence materials (e.g., vinyl, wood, masonry or chain link) a maximum of ten feet high.

(b)

An irrigated berm, a maximum of ten feet high, stabilized with the planting of vegetation.

(c)

Non-deciduous, living vegetation, spaced in a manner, which, at the time of planting and thereafter, will constitute an unbroken screen.

(6)

Lighting. All lighting shall be directed and shielded so as not cause light pollution or shine directly into or onto adjacent properties.

(7)

Access/right-of-way.

(a)

The proposed street layout shall provide for the continuation of projection of existing streets in the surrounding areas unless such extension is undesirable for specific reasons of topography or design.

(b)

Streets shall be logically related to the topography to produce acceptable grades.

(c)

Minor streets shall be designed to discourage through traffic. However, provision for street connection and access to or from adjacent areas will generally be required.

(d)

Where a development abuts or contains an existing or proposed collector or other high-service road, frontage roads, rear service alleys, reverse frontage lots or other such treatment, as required, will be provided for protection of abutting properties, to reduce the number of intersections with major streets and separate local and through traffic.

(e)

Streets shall intersect as nearly as possible at right angles. No street shall intersect another at an angle of less than 60 degrees.

(f)

Multiple intersections, involving junction of more than two streets, shall be avoided. Where this proves impossible, such intersections shall be designed with extreme care for both pedestrian and vehicular safety.

(g)

Streets entering opposite sides of another street shall either be directly opposite one another or with a minimum offset of 125 feet between centerlines.

(h)

Where the development abuts or contains an existing street of inadequate right-of-way width, additional right-of-way may be required.

(i)

Cul-de-sac streets with no provision for extension shall not exceed 1,200 feet in length. Cul-de-sac rights-of-way shall have a minimum diameter of 100 feet.

(j)

Unless future extension is clearly impractical or undesirable beyond a turnaround, rights-of-way of the same width as the street shall be carried to the property line in such a way as to permit future extension of the street into the adjoining street.

(k)

To provide right-of-way for the future needs of the county collector roadway system, 50 feet on each side of all section lines shall be dedicated for roadway purposes.

(1)

When a development lies along one side of a section line and no road or dedicated right-of-way exists along the opposite side of the section line, the developer may:

a.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such and unimproved right-of-way; or

b.

Construct a full road section on 50 feet (minimum) right-of-way and incorporate such road into street system of the development.

(2)

When a development lies along one side of a section line and there exists a previously dedicated unimproved right-of-way, the developer may:

a.

Dedicate the required right-of-way and install no improvements. However, no lots, tracts or parcels shall require access from such unimproved right-of-way; or

b.

Construct a full road section centered on the right-of-way centerline or as right-of-way configuration requires and incorporates such road into street system for the development.

(3)

When a development lies along a section line and there exists a roadway constructed along the opposite side of the section line, the developer may:

a.

Dedicate the required right-of-way and not utilize the existing roadway to serve the development; or

b.

Dedicate the required right-of-way and utilize the existing roadway or further improve such roadway to serve the development.

(l)

The street system shall connect directly to a street which is maintained by the state, county or other governmental agency.

(m)

Any new road tying into a state-maintained road, arterial road, major collector road or any other road as deemed necessary by the county road department must have paved acceleration and deceleration lanes constructed in accordance with the specifications required by the state department of transportation.

(1991 LDR ch. 79, § 6.01(B)(6); Ord. No. 2007-03, § 23, 7-17-2007; Ord. No. 2023-9, § 16, 12-5-2023; Ord. No. 2025-2, § 6, 3-18-2025)

(a)

Purpose. The unity of title process is created to recognize the unification of two or more contiguous lots that are under common ownership into one lot in order to meet certain county development requirements. Unity of title may be used (although not in all circumstances) to meet minimum area or dimensions required by this Code; to ensure that a planned or phased development is maintained as a unified project; to allow accessory uses or structures; to allow structures within setback areas; to provide access; to combine a legal lot of record with an unlawful lot of record (thus eliminating the unlawful lot) and to meet other applicable requirements in this Code. No land which is submerged or unbuildable under this land development code, or state or federal law, may be unified for the purposes of determining lot area, depth or width or density of the development. This process is not an alternative to platting or replatting.

(b)

Process for unity of title. In order to be processed, a complete application packet for unity of title must be submitted to the planning and zoning department. A complete application includes all required information, all required attachments and payment of the fee set forth in appendix B. All lots being combined must be under common ownership and property taxes must be paid with no delinquent amounts owed or tax certificates outstanding. Upon receipt, the planning and zoning department will review the application for completeness and determine whether unity of title is necessary and appropriate to meet the specific development requirement(s). If approved by the zoning official or designee, the county will provide a declaration of unity of title document and upon proper signature by all property owners, the county will record the declaration in the public records and return a copy to the applicant.

(c)

Legal effect. Upon recording, a declaration of unity of title constitutes a legal covenant that creates a single lot for the applicable county code purposes. The declaration runs with the land and is binding upon the property owner(s), their heirs, successors and assigns, until such time as the declaration is released, in writing, by the county. Unity of title does not extinguish or deal with any private restrictions or encumbrances, such as easements, deed or plat restrictions or homeowners association covenants.

(d)

Process for release of unity of title. In order to be processed, the property owner(s) must submit a complete application packet for release of unity of title to the planning and zoning department. A complete application includes all required information, all required attachments and payment of the fee set forth in appendix B. All property taxes must be paid with no delinquent amounts owed or tax certificates outstanding. The applicant must describe why the need for the unity of title no longer exists. Upon receipt, the planning and zoning department will review the application for completeness and for a determination that the conditions that necessitated unity of title no longer exist and that no further public purpose is served by the unity of title remaining in effect. The zoning official, or designee, may conduct a site visit and/or require the property owner provide documentary evidence as proof that the conditions no longer exist. If approved, the zoning official is authorized to execute a release of unity of title document on behalf of the county. The county will record the release in the public records and return a copy to the applicant.

(Ord. No. 2023-6, § 1, 4-11-2023; Ord. No. 2024-1, § 6, 4-2-2024)

Whenever development or use permits are required by any other county, state or federal regulatory agency (such as the Florida Department of Transportation, a Water Management District, the Department of Health or the Department of Environmental Protection), those permits must be obtained prior to the commencement of any development or use on the property. Copies of such permits must be promptly provided upon request of county staff.

(Ord. No. 2023-9, § 17, 12-5-2023)

(a)

Presently there exist lots, structures and uses of land and structures which were lawful before this article was passed or amended, but which would be prohibited under the terms of this article or future amendment.

(b)

It is the intent of this article to permit these nonconformities to continue until they are removed. Such uses are declared by this article to be incompatible with permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded or extended, not to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(1991 LDR ch. 79, § 10.01; Ord. No. 2007-03, § 23, 7-17-2007)

The amortization schedule for nonconforming buildings under construction expired in January 1983.

(1991 LDR ch. 79, § 10.02; Ord. No. 2007-03, § 23, 7-17-2007)

Editor's note— Ord. No. 2022-9, § 12, adopted April 5, 2022, repealed § 50-783, which pertained to nonconforming lots of record and derived from 1991 LDR ch. 79, § 10.03; Ord. No. 2007-03, adopted July 17, 2007.

Where, as of the date of this article, lawful use of land exists that is made no longer permissible under the terms of this article as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the date of this article; except, however, that the board of adjustment may allow a residential nonconforming use to expand if it finds that all setback, height and lot cover requirements are met and that granting the variance will not threaten the public or private health, safety or general welfare.

(2)

No such nonconforming use shall be moved in whole, in part or extended to include any other portion of the lot or parcel occupied by such use as of the date of this article.

(3)

If any such nonconforming use of land ceased for any reason for a period of more than 180 consecutive days, except where such use has been suspended by an Act of God, any subsequent use of the land shall conform to the regulations specified by this article for the district in which it is located, except for agricultural and seasonal type uses. If use of land, for such seasonal purposes is not made for two consecutive seasons, then all further use of land shall be conforming.

(4)

The nonconforming use of land which is accessory or incidental to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(5)

Every use which becomes nonconforming by the adoption of this article, in terms of fencing, off-street parking, vision clearance, signs or emissions, shall be brought into compliance by January 1, 1991. On or before that date, any landowner may request a variance as provided by subsection 50-84(2), in which case the board of adjustment shall hear and decide the request.

(1991 LDR ch. 79, § 10.04; Ord. No. 2007-03, § 23, 7-17-2007)

Where a lawful structure exists as of the date of this article that could not be built under the terms of this article by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should any structure be moved for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(1991 LDR ch. 79, § 10.05; Ord. No. 2007-03, § 23, 7-17-2007)

If a lawful use of a structure, or of a structure and premises in combination, exists on the date of this article, that would not be allowed in the district under the terms of this article, the lawful use may be continued so long as it remains otherwise lawful, subject to the provisions of section 50-785, nonconforming uses of land and section 50-786, nonconforming structures.

(1991 LDR ch. 79, § 10.06; Ord. No. 2007-03, § 23, 7-17-2007)

The board of county commissioners recognizes that there are a substantial number of nonconforming uses created by the land use category designation. It is the board of county commissioner's intent that any existing structure, or use thereof, that is nonconforming shall not be subject to an amortization schedule, and in the event of its partial or total destruction, it may be repaired or rebuilt at the owner's option.

(1991 LDR ch. 79, § 10.07; Ord. No. 2007-03, § 23, 7-17-2007)

The board of county commissioners recognizes the existence of several unincorporated communities in the county. Those communities are characterized by a concentration of a permanent population and serve as a focal point for certain specific areas in the county. Those communities are designated on the land use map, but the exact boundaries are not reflected thereon. It is the intent of the board of county commissioners that those communities shall continue to exist and function and land uses therein may continue even though those uses might otherwise be in conflict with the comprehensive plan.

(1991 LDR ch. 79, § 10.08; Ord. No. 2007-03, § 23, 7-17-2007)

Any use for which a special exception is permitted as provided in this article shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.

(1991 LDR ch. 79, § 10.09; Ord. No. 2007-03, § 23, 7-17-2007)

(a)

The board of adjustment may authorize upon application such variances from the terms of this article that are not contrary to the public interest and are not provided elsewhere in this chapter to be heard by the board of county commissioners, when, owing to the special size, shape or physical features of or on the parcel involved, a literal enforcement of the provisions of this article would result in unnecessary or undue hardship. In order for the board of adjustment to authorize any variance from the terms of this article, the application for variance or other evidence, or both, must show:

(1)

That an application has been submitted including all information in the application form and any additional information reasonably required by the development department director, and including a plat or survey prepared by a licensed surveyor showing:

a.

Existing boundaries.

b.

Both the centerline and edge of right-of-way of adjoining roads or easements.

c.

All existing structures, and the distance from such structures to:

1.

The property line.

2.

The setback lines required for that zoning district.

d.

The size of the parcel of land for which a variance is requested, in square feet.

e.

The area of impervious surface, such as under roofs or pavement, in square feet.

f.

The specific physical characteristics of the lot or the land which necessitates the variance.

g.

Proposed structures, including their proposed location, dimensions, area and relationship to required setbacks or lot coverage.

h.

The locations of all structures on adjoining parcels of land.

(2)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(3)

That the special conditions and circumstances do not result from the actions of the applicant.

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied to other properties in the same zoning district under the terms of the code and would work unnecessary and undue hardship on the applicant.

(5)

That a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the code and would work unnecessary and undue hardship on the applicant.

(6)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(7)

That the grant of the variance will be in harmony with the general intent and purpose of this article, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(8)

That the grant of the variance will be consistent with the provisions of the comprehensive plan.

(b)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article. The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

(c)

Under no circumstances, except as specifically provided, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(1991 LDR ch. 79, §§ 7.07(G), (H), 7.12; Ord. No. 2007-03, § 25, 7-17-2007; Ord. No. 2008-08, § 4, 4-8-2008; Ord. No. 2023-9, § 18, 12-5-2023)

Editor's note— Ord. No. 2022-10, § 4, adopted April 5, 2022, repealed § 50-852, which pertained to hardship variances and derived from Ord. No. 2007-03, adopted July 17, 2007.

(a)

The board of adjustment shall hear appeals of the interpretation or administrative application of any provision of this chapter by the zoning official or other administrative official charged with the power or duty of enforcing or administering the provisions of this chapter. In the hearing of such appeals, the board of adjustment may, upon proper petition and upon meeting all of the requirements and criteria and making all considerations contained in this section, and after the notice and hearing described below, reverse, or affirm, wholly or partly, or may modify, an order, requirement, decision or determination made by the zoning official, or other administrative official charged with the power or duty of enforcing or administering the provisions of this chapter, in the administration or interpretation of any of the provisions of this chapter, and may make such order, requirement, decision or determination as shall be proper in the circumstances, and for such purpose shall have all the powers of the official from whom the appeal was taken. Any decision reversing the ruling of the zoning official shall have the concurring vote of three members of the board of adjustment.

(b)

An appeal to the board of adjustment shall be in writing on forms provided by the development department, and shall be duly filed with the development department within 30 calendar days after the date on the letter or other documents notifying the applicant of the decision by the zoning official or other administrative official. The appeal shall specify the grounds for the appeal.

(c)

The fee for an administrative appeal shall be set forth in Appendix B—Schedule of Fees, Rates and Charges.

(d)

Upon receipt of a written appeal, the zoning official or other administrative official shall determine the date, time and place of the hearing, and shall give published notice as well as written notice by first class mail to all substantially interested parties at least 15 days prior to the date of the hearing. The zoning official or other administrative official shall transmit to the board of adjustment all papers or other records upon which the decision appealed from is based. At the hearing of an appeal, any substantially interested person may appear and be heard either in person or by his or her representative.

(e)

Considerations for appeals from the zoning official or other administrative official. In reaching its decision on an appeal from a zoning official or other administrative official, the board of adjustment shall consider the following criteria as well as any other issues which are pertinent and reasonable:

(1)

Whether or not the appeal if of a nature properly brought to them for decision, or whether or not there is an established procedure for handling the request other than through the appeal process, such as, but not limited to, a variance or special exception, or rezoning.

(2)

The intent of the regulation in question.

(3)

The effect the ruling will have when applied generally to the zoning regulations.

(4)

Staff recommendations, the testimony of the appellant, and testimony of substantially interested parties shall also be considered.

(f)

An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from which the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a order which may be granted by the board of adjustment or by a court of competent jurisdiction, on notice to the official from whom the appeal was taken and on due cause shown.

(1991 LDR ch. 79, § 6.01(G)(21); Ord. No. 05-01, § 10, 5-17-2005; Ord. No. 2007-03, § 26, 7-17-2007; Ord. No. 2022-7, § 7, 3-8-2022; Ord. No. 2023-9, § 18, 12-5-2023)