The "Growth Services Director" shall be designated by the Board to interpret and administer the zoning regulations of Marion County. The Growth Services Director may request the assistance of any appropriate officer or agency of the County. He shall promptly refer all complaints or violations to the Code Enforcement Division. If he finds that any of the provisions of these zoning regulations are being violated, he shall notify in writing the Code Enforcement Division indicating the nature of the violation and the appropriate section of the Code. The Growth Services Director shall maintain written records of all official actions of his office with relation to interpretation and of all violations discovered.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)

The Board of County Commissioners shall establish by resolution all fees associated with this article, and no request shall be processed or accepted by the Growth Services Director until the required fee has been paid in full.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)

Nothing herein contained shall prevent the Code Enforcement Division or the Board from taking such other lawful action as is necessary to remedy any violation.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)

A.

Conformity with Code. No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed or altered and no existing use, new use, or change of use of any building, structure or land or part thereof, shall be made or continued except in conformity with the provisions of this Code.

B.

Modification of lots or structures. No lot, or any structure thereon, shall be modified in any way which will not conform to the applicable zoning classification regulations, except:

(1)

Where the Board of Adjustment, within its authority, grants a variance; or

(2)

Where a portion of property has been acquired by a governmental agency that, by law, is exempt from these regulations.

(3)

Non-conforming lots in zoning classifications R-1, R-2, R-3, and R-4 may be developed with a lot width of 75 feet, and a minimum of 7,500 square feet of buildable area, and shall comply with Marion County Comprehensive Plan density requirement of one single family residence and as set forth in Section 4.2-3.

(4)

The Growth Services Director may issue a waiver of the required lot width and buildable area requirements in the above zoning classifications where the lot width is less than 75 feet, and it is impossible or impracticable to increase the lot width and buildable area.

C.

Minimum lot access. Every lot, parcel, tract or combination thereof upon which a structure is hereafter erected shall have a minimum access of 40 feet wide to a street.

D.

Oversight or error. No oversight or error on the part of The Growth Services Director, his assistants, staff, or any official or employee of Marion County shall legalize, authorize or excuse the violation of any of the provisions of this Code.

E.

Interpretation. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, or general welfare. When the requirements of any other regulation or ordinance are in conflict herewith, the most restrictive or that imposing the higher standards shall govern unless otherwise specifically provided.

F.

Zoning classification boundary extension. For purposes of determining zoning classification boundaries after vacation or abrogation of a plat, right-of-way, street, or other property dedicated or deeded to the public or County, the zoning classification applicable to the property abutting on either side of the property vacated or abrogated shall, after vacation or abrogation, be deemed to extend to the centerline of such vacated or abrogated right-of-way, street, or other property.

G.

Uses not listed. The listing of permitted uses in a zoning classification is not meant to be all inclusive. Uses not specifically permitted by this Code in a zoning classification shall be reviewed by the Growth Services Director in accordance with the provisions of the following paragraph and may require a Special Use Permit (SUP). The listing of a use in one or more zoning classifications does not prohibit such use in a zoning classification where it is not listed, either without, or with a SUP, as provided herein. SUP application procedures shall conform to the provisions of Article 2 of this Code.

(1)

Criteria for reviewing uses not listed. Upon application for a use not listed herein, the Growth Services Director shall determine whether or not the use may be allowed in the specific zoning classification requested as a permitted use based on similarity with listed uses. If the Growth Services Director determines that the use is not sufficiently similar to uses specifically listed by this Code in a zoning classification, it shall require a SUP as set forth in Section 2.8.1. of this Code.

(2)

For reviewing unlisted uses the North American Industry Classification System (NAICS) Manual shall be used to determine the general classification of uses, and the similarity of a requested use with a listed use. Other factors, which may be considered, shall be traffic generation volume, type of traffic attracted to and generated by the site, parking requirements, compatibility with surrounding land uses, noise, lighting and visual impacts, hours of operation, and intensity of use.

(3)

The Growth Services Director may, after review of the criteria herein, determine that certain uses are prohibited uses which shall not be allowed in a particular zoning classifications. In the event that a use is determined to be a prohibited use, record of the reasons given for that decision shall be kept on file and shall be used as a guide for subsequent use determinations.

(4)

Appeals of decision on unlisted uses. Decisions on unlisted uses by the Growth Services Director are considered interpretations and may be appealed to the Board of Adjustment in conformance with the provisions of Article 2.

H.

Official zoning map creation and adoption. The "Official Zoning Map of Marion County, Florida", including all explanatory materials and information, is adopted by reference and made a part of this Land Development Code.

(1)

The official zoning map shall be located in the Growth Services Department and maintained in a digital format.

(2)

Background research materials, maintained in the Growth Services Department, of the adopted elements are not part of the LDC.

(3)

The adoption of resolutions that rezone property as provided in Article 2 would amend the official Zoning Map.

I.

Setback exemptions. The following structures shall be exempt from the setback requirements of this Code: mailboxes, lawn posts, flag poles, bird houses, utility poles, fences, paper boxes, private culverts, driveways, utility piping, pad-mount transformers, telephone and cable company connection boxes, sidewalks and walkways. Septic tanks are exempt to within five feet of any property line; wells are exempt to within eight feet of any property line; and in all cases DOH approval is required. Other exemptions may be allowed if approved in writing by the Growth Services Director.

J.

Cross Florida Greenway. All structures on lands adjacent to the Cross Florida Greenway shall be setback a minimum of 50 feet from the Greenway. Exceptions are residentially zoned lots, stormwater management facilities and those facilities which further the conservation and recreational use of the Greenway. A variance to this setback requirement may be requested when a demonstrated hardship precludes the development of the property. The applicant has the burden of proving the existence of a genuine hardship.

K.

Prescriptive easements. After June 18, 1992 all new prescriptive road easements, if applicable, shall be established by Court Order prior to issuance of a Building Permit.

L.

Uncompleted structures. Any building or structure which has not passed a final inspection or received a certificate of occupancy within 12 months after the date of first inspection shall be classified as an unfinished structure unless said time period has been extended by the Building Manager. Construction shall be permitted to recommence under such conditions and for such period as may be determined as reasonable by the Board of Adjustment based on conformity with, and promotion of, the spirit and purpose of this Code and the Building Code. The Board of Adjustment may order removal of any building or structure not in compliance with any provision of this Code or condition imposed by the Board of Adjustment.

M.

Double frontage. On corner tracts or through tracts, the required front yard shall be determined by the property owner. On corner lots and tracts, the remaining street frontage shall become a side yard. On residential corner lots the side setback is fifteen feet, however, the Growth Services Director is authorized to reduce the side yard setback to a minimum of 8 feet, provided the reduction will not create site triangle or visibility problems from roads bordering such lots. This does not apply to R-E, Residential Estate zoning classification.

N.

Height limit exemptions. Chimneys, stacks, tanks, church steeples and roof structures used only for mechanical or aesthetic purposes may exceed the permitted height in any zoning classification up to a maximum height of 50 feet above finished grade of the supporting structure. Structures exceeding 50 feet above finished grade of the supporting structure shall be approved by SUP or PUD, Planned Unit Development. Radio, TV or wireless communication towers exceeding 50 feet above finished grade shall only be approved in accordance with Section 4.3.25.

O.

Use of residentially zoned property for access. No land which is residentially-zoned shall be used for driveway, walkway or access purposes to any land which is zoned for commercial, industrial or institutional use.

P.

The following special services are allowed in any zoning classification as a permitted accessory use:

Cable lines, either above or below ground

Electrical supply lines, either above or below ground including pad mount transformers

Gas supply lines, low pressure, except where such permits are pre-empted by state or federal regulations

Sewerage collection systems including lift stations

Sewerage treatment plants with a flow of less than 5,000 gallons per day and appurtenant effluent disposal facilities

Water supply wells, treatment facilities, and storage tanks serving fewer than 15 service connections, or commercial or industrial buildings or developments, which meet the requirements of Division 6.14.

Q.

The following services shall obtain a SUP:

Control buildings

Gas meter facility, except where such permits are pre-empted by state or federal regulations

Gas supply lines, high-pressure, except where such permits are pre-empted by state or federal regulations

Landfill, construction, and demolition

Sewage treatment plants with an inflow exceeding 5,000 gallons per day

Sprayfields or other type of effluent disposal area when application rate exceeds 5,000 gallons per day, if allowed by law

Treatment facility for residuals

Utility company service yards

Water supply, treatment, and storage facilities, which serve 15 or more service connections, or commercial or industrial buildings, which are required, by the building code to have fire sprinkler systems

Water wellfields

R.

Communication, transmitter and broadcast towers and accessory structures will be approved only by SUP or by Administrative Permit when allowed by Section 4.3.25 in all zoning classifications.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)

A.

Design standards may be varied by the Board pursuant to Article 6.

B.

The Growth Services Director is authorized to reduce the tract width requirement in all residential and agricultural zoning classifications, when placement of the structure otherwise complies with the front, side and rear yard setbacks and the reduction is necessary due to an irregularly shaped lot.

C.

Where existing parcels or tracts of record do not abut for at least 40 feet on a street; or where the setback requirements set forth herein preclude development of the parcel or tract; and where the parcel or tract could be developed in conformance with the zoning code in effect prior to the adoption of this Code; the prior requirements shall prevail

D.

Agricultural Building Permit Exemption:

(1)

Any non-residential farm building located on a farm is exempt from the Florida Building Code and any county or municipal building code, which meets the minimum requirements, set forth by Florida State Statutes Chapter 604.50.

(2)

The owner or their agent may request a Non-residential Farm Building Permit Waiver on a prescribed form obtained from the Growth Services Department. A fee in the amount established by the Board of County Commission is required at the time the request is made. This waiver request shall include a description of work, floor plan, and site plan, which will be, reviewed the Growth Services staff for compliance with Land Development Code requirements regarding Stormwater, setbacks, and floodplain.

E.

Acknowledgement of contiguous sustainable agricultural land.

(1)

For properties contiguous to sustainable agricultural land as defined by FS 163.3163(3), prior to the issuance of a building permit for construction, expansion, and-or renovation of a new or existing structure for human habitation-occupancy wherein a new Certificate of Occupancy/Final Inspection will be required prior to habitation/occupancy of the structure consistent with the Florida Building Code, the property owners shall sign and submit a written acknowledgement that the project site is located contiguous to sustainable agricultural land. The acknowledgement shall be recorded in the Marion County Official Records by the owner or permit applicant prior to issuance of the permit and shall conform to the following, allowing for the appropriate owner signature (e.g., individual, corporate, etc.):

ACKNOWLEDGEMENT OF CONTIGUOUS SUSTAINABLE AGRICULTURAL LAND

I, …(name of property owner)…, understand that my property located on Parcel ID No. …(property parcel id number)… at … (address of nonagricultural land)…, as further described in the attached legal description, is contiguous to sustainable agricultural land located on …(parcel id number of contiguous sustainable agricultural land)….

I acknowledge and understand that the farm operation on the contiguous sustainable agricultural land identified herein may be conducted according to generally accepted agricultural practices as provided in the Florida Right to Farm Act, s. 823.14, Florida Statutes.

Signature: …(signature of applicant)….

Date: …(date)….

(2)

The requirement to complete and record the Acknowledgement of Contiguous Sustainable Agricultural Land (Acknowledgement) shall be deemed satisfied once a minimum of one executed Acknowledgement has been recorded in the Marion County Official Records in regards to the permit property, and the execution and recording of a new/additional Acknowledgement for subsequent permits shall not be required.

(3)

The requirement to complete and record the Acknowledgement of Contiguous Sustainable Agricultural Land (Acknowledgement) shall be deemed satisfied if the property is part of a subdivision plat that includes an Acknowledgement of Contiguous Sustainable Agricultural Land as provided in Section 6.3.1.C(15) and the permit property is contiguous to the lands identified as contiguous sustainable agricultural land by that subdivision plat. In the event the permit property is now contiguous to sustainable agricultural land not previously indicated on the subdivision plat, then completion of an Acknowledgement is required consistent with item (1) above.

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)

Lot, parcel or tract of record may be used interchangeably herein

(Ord. No. 17-08, § 2(Exh. A), 4-11-2017)