(Ord. No. 94-112, exh. A(2.00), 1-18-1994; Ord. No. 00-136, exh. A(2.00), 1-11-2001)

2.01.01.

Districts established. For the purposes of this LDC in regulating the use of land, buildings, height, bulk, population, density, and open spaces, the town is hereby divided into the following zones, or districts:

(1)

AC—Agricultural conservation district.

(2)

Residential districts.

a.

R-1—Single-family residential district.

b.

R-2—Mixed single-family residential district.

c.

R-3—Multiple-family residential district.

d.

R-4—Lakefront residential zone.

(3)

MHP—Mobile home park district.

(4)

Historic preservation/conservation district.

a.

C-1—Commercial business district.

b.

C-2—Commercial lake district.

c.

HC—Historical commercial.

d.

CO—Conservation open space.

(5)

GU—Government use district.

(6)

PF—Public facilities recreation.

2.01.02.

Official zoning map.

(a)

The official zoning map, together with all explanatory material thereon, is hereby adopted by reference and declared to be a part of this LDC. The official zoning map shall be identified by the signature of the mayor, attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this is the official zoning map referred to in section 2.01.02 of the Land Development Code of the Town of McIntosh, Florida," together with the date of the adoption of the LDC.

(b)

If, in accordance with the provisions of this LDC and F.S. ch. 166, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the town council, with an entry on the official zoning map as follows: "On [date], by official action of the town council, the following changes were made in the official zoning map [brief description of changes]," which entry shall be signed by the mayor and attested by the town clerk. No amendment to this LDC which involves matter portrayed on the official zoning map shall become effective until such change and entry has been made on said map.

(c)

No changes of any nature shall be made in the official zoning map or matter shown thereon, except in conformity with the procedures set forth in this LDC. Any unauthorized change of whatever kind by any person shall be considered a violation of this LDC and shall be punishable as provided in section 8.06.

(d)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the town clerk shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the town.

2.01.03.

Replacement of the official zoning map.

(a)

In the event that the official zoning map becomes damaged, destroyed lost, or difficult to interpret because of the nature or number of changes and additions, the town council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the original official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendments thereof. The new official zoning map shall be identified by the signature of the mayor attested by the town clerk, and bearing the seal of the town under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted [date of adoption of map being replaced] as part of Ordinance No. 9401 of the Town of McIntosh, Florida."

(b)

Unless the prior official zoning map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

2.01.04.

Application of district boundaries. The regulations set by this LDC within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, as follows:

a.

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

b.

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

1.

Exceed the height or bulk.

2.

Accommodate or house a greater number of families.

3.

Occupy a greater percentage of lot area.

4.

Have narrower or smaller rear yards, front yards, side yards, or other open spaces.

5.

Provide lesser separation between buildings or structures or portions of buildings or structures; than herein required in article 6; or in any other manner contrary to the provisions of this LDC.

c.

Annexation of territory. All territory which shall hereafter be annexed to the town shall be regulated in accord with applicable state law.

2.01.05.

District regulations.

a.

Agricultural conservation district (AC). These districts are intended to be a mixture of agricultural and residential uses at a maximum density of one unit per ten acres and to serve two purposes. First, they are intended to protect land presently or prospectively used primarily for agriculture from incompatible commercial, industrial, and residential land uses. Second, in instances where the proper future development of these lands is uncertain, and while a more restrictive zoning classification would be premature and unreasonable at this time, these zones will serve as a holding classification. Where these zones function as a holding classification, it is the intention of this LDC that such lands not be rezoned for more intensive uses without assurances that:

(1)

A clear public need exists for such rezoning;

(2)

Necessary public services are sufficiently available to meet the needs of the more intensive use proposed; and

(3)

The proposed development will not result in any undue financial burden on the citizens of the town.

b.

Single-family residential zone (R-1). These districts are intended to be low density residential areas composed of site-built single-family dwellings at a maximum density of two units per acre. Certain structures and uses designed to serve governmental, educational, religious, recreational and other needs of these areas are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to protect the residential character of these areas.

c.

Mixed single-family residential district (R-2). These districts are intended to be low density residential districts, with a mixture of site-built, manufactured, and mobile home single-family residences, duplexes and town houses at a maximum density of two units per acre. District regulations are designed to preserve the single-family residential character of the areas. Certain nonresidential uses designed to serve the governmental, educational, religious, noncommercial recreational, and other needs of these areas are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to protect the single-family character of these areas.

d.

Multiple-family residential zone (R-3). These districts are intended to be medium density residential areas composed of site-built single-family, two-family, mobile homes and multiple-family dwellings at a maximum density of six units per acre. District regulations are designed to preserve the residential character of the areas. Certain nonresidential uses designed to serve the governmental, educational, religious, noncommercial recreational, and other needs of these areas are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to protect the residential character of these districts.

e.

Lakefront residential zone (R-4). These districts are intended to be low density residential areas composed of site-built, manufactured, and mobile home single-family dwellings at a maximum density of two units per acre. Certain structures and uses designed to serve governmental, educational, religious, recreational and other needs of these areas are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to protect the residential character of these areas.

f.

Mobile home park district (MHP). This district is intended to be a high density mobile home park, composed of mobile homes and on individual sites at a maximum density of six units per acre. It is intended to create an environment of residential character, permitting only those uses and services which are compatible with the residential environment mobile home parks are also subject to the specific provisions of section 2.03, supplementary district regulations.

g.

Historical commercial (HC). This district allows personal service and limited retail businesses which are conducive to the town's historic nature.

h.

Community business district (C-1). This district is intended primarily for commercial activity, to serve the town's retail and service needs, and to enhance rather than detract from the surrounding residential areas. In keeping with the character of the town as a predominantly residential community, residential uses are also permitted in this zone. Certain other uses are permissible as special exceptions.

i.

Commercial lake district (C-2). This zone is intended to be a compatible mix of commercial and residential land uses, it is anticipated that commercial uses located in this district will be of a water-dependent or water-related nature. Although this district is primarily intended for such water-dependent and water-related commercial uses, site-built, manufactured, and mobile home single-family dwellings are also permitted.

j.

Government use district (GU). These districts are intended to be lands where national, state, or local government activities are located and where the government holds a lease or title to such lands.

k.

Public facilities recreation (PF). This district is intended to permit recreational and open spaces, governmental uses, utility sites and stormwater facilities.

l.

Conservation open space (CO). This district is for the protection and enhancement of wetlands, waterbodies, streambeds, creeks, and environmentally sensitive areas.

(Ord. No. 94-112, exh. A(2.01), 1-18-1994; Ord. No. 2007-161, attach. A(2.01), 7-12-2007)

2.02.01.

Permitted principal uses and structures. Only the principal uses and structures indicated by a "P" in table 2.02.05 are permitted.

2.02.02.

Permitted accessory uses and structures. Only the accessory uses and structures indicated in table 2.02.06 are permitted.

2.02.03.

Prohibited uses and structures. All uses not specifically, provisionally, or by reasonable implication permitted herein or permissible by special exception are prohibited. The listed permitted or permissible uses contained in table 2.02.05 do not include the following, which are mentioned as specifically prohibited in district the agricultural conservative district for emphasis only:

a.

Commercial, industrial, or manufacturing establishments, except as specifically provided.

b.

Junk yards or automobile wrecking yards.

c.

Wholesale warehouse or storage establishments, except as specifically provided.

d.

Slaughterhouses for livestock or poultry.

e.

All uses not listed as permitted or permissible uses.

f.

All mining.

2.02.04.

Special exceptions. The uses indicated by an "SE" in table 2.02.05 are permitted only as special exceptions.

2.02.05.

Permitted use, structure or activity and uses permitted by special exception table.

;le=2; ¹ This includes structures and uses accessory to agricultural activity.

;le=2; ² Any lawful governmental activity.

;le=2; ³ In keeping with residential character of the area.

;le=2; ⁴ On individual lots, subject to subsection 2.03.03, supplementary district regulations.

;le=2; ⁵ On individual lots, subject to subsection 2.03.03, supplementary district regulations.

;le=2; ⁶ One single-family mobile home per mobile home site; subject also to section 2.03.03, supplementary district regulations.

;le=2; ⁷ Use limited to park residents only.

;le=2; ⁸ For fruits and vegetables, but not including, plants for the production of citrus concentrate or similar products.

;le=2; ⁹ Such as tennis courts, racquetball courts, swimming pools, and the like.

;le=2; ¹⁰ For the sale only of agricultural products produced on the premises.

;le=2; ¹¹ Such facilities shall be designed, sited, and landscaped to ensure compatibility with residential neighborhoods.

;le=2; ¹² Such as golf courses, recreational vehicle parks, or riding stables.

;le=2; ¹³ Establishments for the sale of goods and products at retail, but no manufacturing.

;le=2; ¹⁴ Such as, automotive service stations, restaurants, and similar activities.

;le=2; ¹⁵ Which shall be located in such a manner and on a parcel of sufficient size to contain the entire structure in event of a collapse.

;le=2; ¹⁶ Subject to the provisions of subsection 2.03.06, supplementary district regulations.

;le=2; ¹⁷ Which shall meet the requirements applicable to the R-3 zone as to minimum lot size, maximum lot coverage, minimum yards, and maximum height.

;le=2; ¹⁸ Not including bulk storage of hazardous or flammable materials.

2.02.06.

Permitted accessory uses and structures table.

;le=2; ¹⁹ The keeping of animals is permitted as an accessory use, subject to the regulations in subsection 2.03.02, supplementary district regulations.

(Ord. No. 94-112, exh. A(2.02), 1-18-1994; Ord. No. 00-136, exh. A(2.02), 1-11-2001; Ord. No. 2011-182, § 1, 9-15-2011; Ord. No. 2011-181, § 1, 12-8-2011)

2.03.01.

General provisions. The following general provisions shall apply in all applicable districts:

a.

Visibility at intersections in residential areas. On a corner lot in any residential area, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of 2½ feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

b.

Use of required yards. No accessory building shall be erected in any required yard, however any required yard may be used for a required septic tank field.

c.

Accessory buildings. No separate accessory building shall be erected within five feet of any other building.

d.

Erection of more than one principal structure on a lot. In any district, more than one structure housing a permitted or permissible use may be erected on a single lot, provided that yard and other requirements of this LDC shall be met for each structure as though it were on a single lot.

e.

Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

f.

Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

g.

Travel trailers used as temporary housing in residential areas. Travel trailers or recreational vehicles may be used as temporary housing in residential districts for residents or guests of the property on which they are located. However such vehicles shall not be used for such purpose for a period longer than three consecutive weeks.

h.

Parking regulations for commercial motor vehicles.

1.

A commercial motor vehicle is a vehicle as defined in F.S. § 320.01 and as amended hereinafter.

2.

Parking of commercial motor vehicles for more than one hour in any twenty-four-hour period is prohibited, except one commercial motor vehicle not exceeding 20,000 pounds gross weight may be parked off the street and on the property of the vehicle's owner or custodian provided that, once parked, it is not moved or operated at any time for any profit-making business or professional enterprise. Between the hours of 7:00 p.m. and 5:00 a.m., no commercial motor vehicle shall be operated, nor its engine run for any purpose whatsoever, nor be driven from its parked location.

3.

Notwithstanding the above provisions, any commercial motor vehicle may be parked on a residential street for more than one hour while actually being loaded or unloaded or while the custodian of the vehicle is actively performing services as long as the residence is not that of the custodian of the vehicle.

2.03.02.

Keeping of animals. The keeping of animals shall be subject to the following regulations:

a.

Household pets. Those animals customarily kept as household pets shall be permitted in all districts, in conformance with the county animal control ordinance adopted in chapter 8.

b.

Livestock and poultry. In keeping with the rural character of the town, livestock and poultry shall be permitted as an accessory use in R-1, R-2, R-3, R-4, and C-2 districts subject to the following regulations:

1.

Livestock or poultry shall be raised for the sole use and enjoyment of the owners of the property on which they are kept and shall not be kept on a commercial basis or on a scale reasonably objectionable to adjoining property owners.

2.

The raising of livestock shall be permitted only on parcels of land at least one acre in area. Land used for the raising of livestock shall not be used for any principal structure or use otherwise permitted in the district, but shall be devoted solely to the raising of livestock. Livestock may be raised according to the following schedule:

(a)

One, horse per acre;

(b)

One, cow per acre;

(c)

Two, goats per acre; or

(d)

Two, sheep per acre.

3.

The raising of poultry shall be permitted only on parcels of land at least one-half acre in area. Land used for the raising of poultry shall not be used for any principal structure or use otherwise permitted in the district, but shall be devoted solely to the raising of poultry. A maximum of ten animals may be kept on each such half acre parcel.

4.

Land used for the keeping of livestock or poultry shall not be used for any other accessory use which would otherwise be permitted in the district.

5.

Offspring of permitted animals shall be considered separate animals for the purpose of these regulations when they become capable of sustaining life independently. Such offspring shall be disposed of within 30 days of the time they become considered separate animals, unless the land on which they are kept is capable of sustaining additional animals according to the provisions of this section.

6.

Any barn, stable, pen, or other building or enclosure for the purpose of confinement of any permitted livestock or poultry shall be set back at least 50 feet from any property line. This provision shall not be construed to apply to fences.

7.

Any property on which livestock or poultry are kept shall be completely enclosed with a fence sufficient to contain the number of animals raised on the property in conformance with the terms of this LDC.

8.

Nonconforming animals shall be allowed to remain until they die or are otherwise disposed of. Where nonconforming animals are being kept, no additional animals shall be added so as to increase the nonconformity.

c.

Dangerous wildlife. The keeping of dangerous wildlife shall be prohibited in all districts.

2.03.03.

Mobile homes and mobile home parks. Mobile home shall be subject to the following regulations:

a.

Mobile homes used for residential purposes. No mobile home shall be used for sleeping, dwelling, or residential purposes, except in conformance with the following provisions:

1.

A mobile home shall not be considered permissible as an accessory use.

2.

No person shall park or store a mobile home in a residential district which does not permit mobile homes, except in a completely enclosed structure.

3.

Mobile homes shall not be permitted in a residential zone for living purposes, unless provided herein, except:

(a)

In a mobile home park approved by the appropriate regulatory agencies and meeting other applicable regulations.

(b)

In a zone which permits mobile homes.

4.

Unoccupied mobile homes shall be permitted in districts permitting mobile homes and shall be subject to the same setback, lot and yard requirements as occupied mobile homes.

5.

As of the effective date of the regulations from which this LDC is derived, there are mobile homes used for dwelling purposes in the town which do not meet the requirements of these regulations. Whenever a mobile home is removed from such a site for a period of 90 days or longer, the site shall not again be used for the purposes of locating a mobile home, except in conformance with these regulations, however this provision shall not apply to sites in mobile home parks.

6.

Those mobile homes not in conformance with these requirements at the effective date of the ordinance from which this LDC is derived shall become nonconforming uses and shall be permitted to continue, subject to the provisions of section 7.01, however this provision shall not apply to mobile homes in mobile home parks.

7.

No mobile home shall be installed or used for dwelling purposes until permits have been secured for its installation from the proper officials, including a building permit and a septic tank permit where applicable, and until all applicable requirements of law prerequisite to the issuance of such a permit have been met.

8.

No mobile home hereafter installed in any district shall be used as a residence, unless such mobile home contains structurally sound flooring, heating and air conditioning which comply with all appropriate codes, and which meets all appropriate local, state, and federal regulations relating to tie downs, blocking, electrical, plumbing, and construction standards, unless otherwise so indicated. Each mobile home shall have a separate water meter for connection to the town water system.

b.

Mobile homes in R-2 andR-4 districts. In addition to subsection a. of this section, mobile homes permitted in R-2 and R-4 districts shall be subject to the following regulations. These regulations are intended to ensure a compatible mixture of site built, manufactured, and mobile home single-family dwellings by encouraging acceptable similarity in the exterior appearances of the different types of dwellings.

1.

Underskirting shall be required on all mobile homes. Such underskirting shall be installed within 90 days of occupancy.

2.

Attached carports, 12 feet by 24 feet minimum, shall be required on all mobile homes, such carports shall be installed within 90 days of occupancy.

3.

All mobile homes shall have utility rooms or storage sheds, eght feet by eight feet minimum. Such utility rooms or storage sheds shall be installed within 90 days of occupancy.

4.

Underskirting, carports, and utility rooms shall be compatible with the design and type of mobile home to which they are attached or accessory to and shall comply with the county building code.

5.

No converted buses, truck campers, camper trailers, travel trailers, recreation units, single-unit mobile homes less than 12 feet in width, or tents shall be allowed in the R-2 or R-4 zones for residential purposes.

c.

Mobile homes in mobile home parks. In addition to the regulations in section 2.03.03.a, mobile homes in mobile home parks shall be subject to the following regulations:

1.

Underskirting shall be required on all mobile homes. Such underskirting shall be installed within 90 days of occupancy.

2.

Where a mobile home park boundary abuts a public street or is directly adjacent to property on which single-family residences are permitted, each mobile home shall be set back at least 25 feet from the park boundary.

3.

All streets in mobile home parks shall have a minimum right-of-way width of 35 feet.

d.

Nonconforming uses. Mobile home parks in existence at the effective date of the ordinance from which this LDC was derived, which are not in compliance with the provisions of this LDC shall become nonconforming uses and shall be permitted to continue, unless the operation of the mobile home park ceases for a period of more than one year. The addition of mobile home sites to nonconforming mobile home parks shall necessitate compliance with this LDC for the additional sites only.

e.

Nonresidential uses of mobile homes. Upon approval by the administrative official and issuance of a permit therefor, a mobile home or travel trailer may be used as a temporary office, security shelter, or shelter for material or tools incident to construction or development of the premises upon which the mobile home or travel trailer is located. In no event shall the use continue for longer than six months without the further approval of the administrative official and he shall give such approval only upon showing of good cause.

2.03.04.

Home occupations. Home occupations may be conducted in all districts subject to the following provisions:

a.

General provisions.

1.

There shall be no display of goods or advertising visible from the street, except one nonilluminated name plate shall be permitted. Such name plate shall:

(a)

Not exceed two square feet in area;

(b)

Be either a ground sign or a wall sign; and

(c)

State only the name of the residents of the dwelling unit and the nature of the home occupation conducted therein.

2.

No home occupation shall be conducted in an accessory building, but shall be conducted in the dwelling unit of the proprietor.

3.

Only members of the immediate family living in the dwelling unit shall work in the home occupation.

4.

No home occupation shall occupy more than 30 percent of the gross floor area of the dwelling unit in which it is conducted.

5.

No home occupation shall entail the use of motors, chemicals, or equipment that may create or cause to be created objectionable noise, noxious odors, or hazards dangerous to the public health, safety, or welfare.

6.

All motors and equipment used in home occupations shall be shielded so as not to cause interference with radio or television transmissions.

7.

Outdoor storage of materials shall not be permitted.

8.

No home occupation shall increase the traffic in the neighborhood in which the home occupation is located by a volume greater than two vehicles at a time.

b.

Permits required. Any person who desires to conduct a home occupation shall first apply to the administrative official for a home occupation permit. At a minimum, the application shall include:

1.

Name of the applicant.

2.

Location of the dwelling unit wherein the home occupation will be conducted, if approved.

3.

Gross floor area of the dwelling unit.

4.

Area of the room or rooms to be utilized in the conduct of the home occupation.

5.

A sketch showing the floor plan of the dwelling unit and the area to be used in the conduct of the home occupation.

6.

The nature of home occupation for which approval is sought.

The administration official shall act on the application within 30 days and shall issue the home occupation permit if the information requested in subsections a. through e. of this subsection have been fully provided and is in conformance with the provisions of section 2.03.04.a.

c.

Objections. Any resident of the town may object to the issuance of a home occupation permit and shall have the right to request a hearing before the board of adjustment. The board of adjustment shall have the right to revoke the home occupation permit if, after hearing, they determine that the operation of such home occupation is contrary to the standards set forth in section 2.03.04.a.

d.

Home occupations being conducted as of the effective date of the ordinance from which this LDC is derived. The proprietor of any home occupation being conducted as of the effective date of the ordinance from which this LDC is derived shall file an application for a home occupation permit with the administrative official within 90 days of the effective date of the ordinance from which this LDC is derived. Failure to file such an application shall be considered a violation of these regulations and shall be punishable under section 8.06 of these regulations.

2.03.05.

Travel trailer parks. Travel trailer parks shall be subject to the following provisions:

a.

Each travel trailer site shall have a minimum area of 1,500 square feet.

b.

The following minimum setbacks from site lot lines shall be observed:

1.

Front; five feet.

2.

Side; five feet.

3.

Rear; five feet.

c.

No travel trailer shall be parked closer than 15 feet to any property abutting the travel trailer park.

d.

Roadways within a travel trailer park shall have a width of not less than 25 feet. A minimum roadway width of 18 feet shall be surfaced with a hard, impervious material.

e.

In each travel trailer park, there shall be at least one recreation area which shall be easily accessible from all sites. Such area shall be not less than five percent of the gross site area or 2,000 square feet, whichever is greater.

f.

Sanitary and supporting facilities in all travel trailer parks shall be installed and maintained in conformance with the applicable rules of the state department of environmental protection and the state department of health or shall comply with such other standards as the board of adjustment shall hereafter specify. Assurance of compliance with such standards shall be a condition for approval of a travel trailer park as a special exception by the board of adjustment.

2.03.06.

Public facilities. The following public facilities shall be allowed in all land use classifications excluding conservation, open space, and recreation:

(1)

Governmental facilities;

(2)

Water plants;

(3)

Educational facilities;

(4)

Llibraries; and

(5)

Churches.

2.03.07.

Community residential facilities. Group homes, congregate living facilities and similar uses shall be permitted in accordance with the requirements of F.S. ch. 419.

(Ord. No. 94-112, exh. A(2.03), 1-18-1994; Ord. No. 00-136, exh. A(2.03), 1-11-2001; Ord. No. 2013-188, § 1, 9-5-2013)