This Code shall be entitled the "Historic Town of McIntosh Land Development Code" and may be referred to herein as the "LDC."

(Ord. No. 94-112, exh. A(1.00), 1-18-1994)

This LDC is enacted pursuant to the requirements and authority of F.S. § 163.3202, the Local Government Comprehensive Planning and Land Development Regulation Act, the town Charter, and the general powers in F.S. ch. 166.

(Ord. No. 94-112, exh. A(1.01), 1-18-1994)

Except as specifically provided, the provisions of this LDC shall apply to all development in the town, and no development shall be undertaken without prior authorization pursuant to this LDC.

(Ord. No. 94-112, exh. A(1.02), 1-18-1994)

This integrated LDC was enacted to replace the land development regulations that had been adopted piecemeal over the years. These scattered regulations lacked coordination and were difficult to find, administer and understand. The replacement of these scattered regulations with an integrated land development code should greatly enhance the efficiency and effectiveness of land development regulation by the town.

(Ord. No. 94-112, exh. A(1.03), 1-18-1994)

1.04.01.

General findings.

a.

Statutory requirement. F.S. ch. 163 requires each state local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the town.

b.

General public need. Controlling the location, design and construction of development within the town is necessary to maintain and improve the quality of life in the town.

1.04.02.

Specific findings relating to the various subject areas of this Code. Where provided, specific findings relating to the various subject areas of this LDC are found within each of the LDC articles and sections.

(Ord. No. 94-112, exh. A(1.04), 1-18-1994)

1.05.01.

General intent. With regard to this LDC in general, it's provisions shall be construed and implemented to achieve the following intentions and purposes of the town council to:

a.

Establish the regulations, procedures and standards for review and approval of all proposed development in the town.

b.

Foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the town in accordance with the comprehensive plan.

c.

Adopt a development review process that is:

1.

Effective, in terms of time and expense;

2.

Effective, in terms of addressing the natural resource and public facility implications of proposed development; and

3.

Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the town.

d.

To implement the town comprehensive plan as required by the Local Government Comprehensive Planning and Land Development Regulation Act.

e.

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet the level of service requirements.

1.05.02.

Specific intent relating to the various subject areas of this Code. Where provided, specific intent relating to the various subject areas of this Code are found within each of the LDC articles and sections.

(Ord. No. 94-112, exh. A(1.05), 1-18-1994)

1.06.01.

Town public works manual. The provisions of the current town public works manual, a copy of which shall be maintained in the office of the town clerk, are hereby adopted and incorporated by reference and made a part of the town's LDC as if set forth in full herein. Two copies of said public works manual shall be on file with the town clerk and one shall be available for public inspection at the town hall. All plans and specifications submitted to the administrative official shall not be approved nor a permit issued, unless the permit applicant and the plans and specifications comply with all applicable provisions of the town public works manual.

(Ord. No. 94-112, exh. A(1.06.01), 1-18-1994)

1.07.01.

Generally. In the interpretation and application of this LDC all provisions shall be liberally construed in favor of the towns' objectives and purposes, it shall also be deemed to neither limit nor repeal any other powers granted under state statutes.

1.07.02.

Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day, if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

1.07.03.

Delegation of authority. Whenever a provision appears requiring the town clerk to do some act or perform some duty, it is to be construed to authorize delegation by resolution of the town council to subordinates or appointed citizens to perform the required act or duty, unless the terms of the provision or section specify otherwise.

1.07.04.

Gender. Words importing gender shall be construed to include the masculine, feminine and neuter.

1.07.05.

Number. Except where the context clearly indicates otherwise, words in the singular shall include the plural and words in the plural shall include the singular.

1.07.06.

Shall, may. The word "shall" is mandatory; the word "may" is permissive.

1.07.07.

Written or in writing. The term "written" or "in writing" shall be construed to mean and include any representation of words, letters or figures, whether by printing or otherwise.

1.07.08.

Year. The word "year" means a calendar year, unless otherwise indicated.

1.07.09.

Day. The word "day" means a working day, unless a calendar day is indicated.

1.07.10.

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

a.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

b.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

c.

Boundaries shown as following or approximately following natural features shall be construed as following such features.

d.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lines.

e.

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

f.

Boundaries indicated as approximately following railroad rights-of-way shall be construed to follow the centerline of such rights-of-way.

g.

Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as following the centerlines of streams, lakes, or other bodies of water shall be construed to follow such centerlines.

h.

Boundaries indicated as parallel to or extensions of features indicated in subsections a. through f. of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

i.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (1) through (5) of this section, the board of adjustment shall interpret the district boundaries.

j

Where a district boundary line divides a lot which was in single ownership at the time of passage of this LDC, the board of adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

1.07.11.

Relationship of specific to general provisions. More specific provisions of this LDC shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

1.07.12.

Provisions of LDC declared to be minimum requirements. In their interpretation and application, the provisions of this LDC shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this LDC are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive, or that imposing the highest standard shall apply.

(Ord. No. 94-112, exh. A(1.07), 1-18-1994)

Generally, words used in the present tense include the future tense, words in the singular number include the plural, and words in the plural number include the singular. The word "shall" is always mandatory and not merely directory; the word "may" is permissive. The word "building" includes the word "structure." The word "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied." The word "lot" includes the words "plot" and "parcel." The following words, terms and phrases, when used in this LDC, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building orstructure means a subordinate and clearly incidental building or structure on the same tract with, or a part of, the main building which is occupied by, or devoted to, an accessory use.

Accessory use andstructure means a use or structure on the same lot with, and of a nature clearly subordinate and customarily incidental to, the principal use or structure.

Alteration means any change in size, shape, character, occupancy, or use of a building or structure.

Apartment house means the same as multiple-family dwelling.

Automobile wrecking means the dismantling or disassembling of two or more used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or their parts.

Buildable area means the portion of a lot remaining after required yards have been provided.

Building means any structure, either permanent or temporary, having a roof, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Building permit means a valid permit issued by appropriate authority under the provisions of the county building code.

Club, private means an association or organization of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, nightclubs, or other institutions operated as businesses.

Commercial vehicle means any vehicle designed, intended, or used for transportation of people, goods, or things, other than private passenger vehicles and trailers for private nonprofit transport of goods and boats.

Completely enclosed building means a building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance and exit doors.

Concurrency means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Coverage means the percentage of tract area covered by buildings or roofed portions of structures.

Dangerous wildlife means wildlife the possession of which requires a permit from the Florida Fish and Wildlife Conservation Commission pursuant to F.A.C. 68A-6.022.

Due public notice means publication of the time, place, and purpose of a public hearing as required by the state statutes.

Dwelling or dwellingunit means any building, or part thereof, occupied in whole or in part, or intended or designed to be occupied, as the residence or living quarters of one or more persons, permanently or temporarily, with independent cooking and sleeping facilities.

Dwelling, multiple-family, means a residential building, other than a manufactured or mobile home, designed for three or more families, with the number of families occupying the building not exceeding the number of dwelling units provided.

Dwelling, single-family, manufactured, means a detached residential manufactured housing unit designed for and occupied by one family only.

Dwelling, single-family, mobile home, means a detached residential mobile home designed for and occupied by one family only. A travel trailer is not to be considered a mobile home.

Dwelling, single-family, site-built, means a detached residential dwelling unit, other than a manufactured or mobile home, designed for and occupied by one family only.

Dwelling, two-family, means a detached residential building, other than a manufactured or mobile home, designed for and occupied by two families only.

F.A.C. The abbreviation "F.A.C." means the latest edition of the Florida Administrative Code, as supplemented or amended in the future.

Family means:

(1)

An individual or group of two or more persons related by blood, marriage or adoption, together with foster and step children and servants or the principal occupants, with not more than one additional unrelated person, who are domiciled together as a single, domestic, housekeeping unit in a dwelling unit; or

(2)

A collective number of individuals domiciled together in one dwelling unit whose relationship is of a continuing nontransient domestic character and who are cooking and living as a single nonprofit housekeeping unit. The term "family" does not mean and include any society, club, fraternity, sorority, association, lodge, coterie, organization, or group of students or other individuals whose domestic relationship is of a transitory or seasonal nature or for an anticipated limited duration of a school term or other similar determinable period.

Filling station means a building, or any part thereof, where gasoline, oil, tires, and the like are dispensed at retail and where minor automotive servicing is provided. A filling station is not a repair garage or a body shop and permissible uses at a filling station do not include major automotive repairs such as major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, fumes, glare, smoke, or other characteristics to an extent greater than normally found in filling stations where the primary purpose of the use is the sale of gasoline at retail.

Final development order means any development order which approved the development of land for a particular use or uses at a specified density of use and which allowed development activity to commence on the land for which the development order was issued.

Fish camp means a use combining a marina and a travel trailer park and/or rental units.

F.S. The abbreviation "F.S." means the latest edition of the Florida Statutes, as supplemented or amended in the future.

Harmful to minors means:

(1)

With regard to sign content, any description or representation, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:

a.

Predominately appeals to the prurient, shameful, or morbid interest of minors in sex;

b.

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and

c.

Taken as a whole, lacks serious literary, artistic, political, or scientific value.

(2)

And includes any nonerotic word or picture when it:

a.

Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable for viewing by minors; and

b.

Taken as a whole, lacks serious literary, artistic, political, or scientific value.

Height of building means the vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof or a "Bermuda" roof, to the deck line for a mansard roof, and the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

Home occupation means a lawful and licensed occupation or activity which may be compatibly conducted as a business within a dwelling unit by a member of the family residing on the premises.

Household pet means an animal commonly and customarily kept in a dwelling unit or on property used for residential purposes solely for the enjoyment of the owners or the property, such as caged birds, dogs, cats, fish, rabbits, and the like. Household pets shall not be considered to include livestock, poultry, or other animals normally raised commercially or for food.

Livestock means any domesticated quadrupeds held as property.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide yards and other open spaces as are herein required. A lot may consist of:

(1)

A single lot of record.

(2)

A portion of a lot of record.

(3)

A combination of complete lots of record, portions of lots of record, or complete lots of record and portions of lots of record.

(4)

A portion of land described by metes and bounds.

Lot depth means the mean horizontal distance between the street and rear lot lines, measured in the median direction of the side lot lines.

Lot frontage means all portions of a lot adjacent to a street or avenue right-of-way.

Lot width means the distance between the side lot lines measured along the rear of the required front yard, provided that the width between the side lot lines where they intersect the street shall not be less than 80 percent of the required lot width.

Manufactured building means a building which is mass-produced in a factory, designed and constructed for transportation to a site for installation and use when connected to required utilities, and is either an independent, individual building or a module for combination with other elements to form a building on the site.

Manufactured housing means a manufactured building or portion of a building designed for long-term residential use.

Marina means premises, or portion of a premises, where covered or uncovered boat slips, dry storage facilities, marine fuel, lubricants, food, drink, and/or sundry items are provided. Marinas include minor repair and maintenance of boats and boat motors and include the provision of small boat hauling or launching facilities.

Mobile home means a single-family dwelling unit designed for long-term occupancy and manifestly designed for transportation on streets or highways on its own wheels to arrive at the site where it is to be occupied, ready for occupancy except for minor assembly operations.

Mobile home park means a parcel of land where lots are offered for rent for the parking and accommodation of mobile homes.

Motel means a building, or part thereof, in which sleeping and/or living accommodations are provided to the public primarily on a short term or transient basis, with access to the individual units from the exterior of the building and parking facilities for the use of guests near their quarters.

Nonconformity, nonconforming use, ornonconforming structure means a use or structure which was lawful prior to the adoption, revision or amendment of this Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this LDC.

Own means to hold legal or equitable title to real property as evidenced by an instrument of lawful conveyance.

Owner means the person which holds legal or equitable title to a tract of real property as evidenced by an instrument of legal conveyance.

Parking means the temporary, transient storage of vehicles while their owners are engaged in other activities.

Poultry means any chickens, turkeys, ducks, or geese.

Repeat violation means a violation of a provision of the LDC by a person who has been previously found through a code enforcement board or any other quasi-judicial or judicial process, to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations occur at different locations.

Restaurant means a building or room where food is prepared and served for pay for consumption on the premises.

Road. See Street.

Setback means the minimum distance between the street line or base building line and the front line or side line or side line of the building and any projections thereof.

Sign means any device designed to inform or attract the attention of persons not on the premises upon which the sign is located.

Sign, off-site, means a sign other than an on-site sign.

Sign, on-site, means a sign relating in its subject matter to the premises upon which it is located, or to products, accommodations, services, or activities located on the premises.

Special exception means a use which would not be appropriate generally or without restriction throughout the particular zoning district or classification but which, if controlled as to number, area, location, or relation to the neighborhood would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare.

Street means a right-of-way for vehicular traffic, regardless of size or designation, but excluding accessways.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.

Substantial development means all required permits necessary to commence and continue the development have been obtained, permitted clearing and grading has commenced on a significant portion of the development, and the actual construction of roads and the stormwater management system on that portion of the development is complete or is progressing in a manner that significantly moves the entire development toward completion.

Travel trailer orrecreational vehicle means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes and having a width no greater than eight feet.

Travel trailer park orrecreational vehicle park means an area on which sites for the parking of five or more travel trailers used for sleeping or living purposes, whether permanently or temporarily, are set aside and offered by any person with or without charge.

Use means the purpose for which land or a structure thereon is designated, arranged, or intended to be occupied or utilized, or for which it is occupied and maintained.

Variance means a modification of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this LDC, a variance is allowed only for height, area, and size of a structure, or for the size of yards and open spaces.

Yard means a required open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward, provided however that fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and regulations limiting obstruction of visibility.

(Ord. No. 94-112, exh. A(glossary), 1-18-1994)

This Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the town.

(Ord. No. 94-112, exh. A(1.09), 1-18-1994)

If any section, subsection, paragraph, sentence, clause, or phrase of this LDC is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this LDC shall continue in full force and effect.

(Ord. No. 94-112, exh. A(1.10), 1-18-1994)