In order to implement the adopted comprehensive plan in a manner consistent with F.S. § 163.3201, the following zoning regulations are hereby established. The regulations of this chapter are intended to assist in implementing comprehensive planning issues surrounding the uses and/or development of specific lots, parcels, and tracts of land or any combination thereof within the city.

(LDC 1997, ch. 3, § 1.03)

(a)

Dimensional requirements for each zoning district are specified in the table found in article III of this chapter entitled, "Schedule of Dimensional Requirements."

(b)

Accessory uses and structures for each zoning district are those customarily associated with, dependent on, and incidental to, the principle uses permitted in that district. Provisions regarding accessory uses and structures are addressed in a separate chapter of this land development code.

(c)

Special exception uses for each district shall be permitted in accordance with provisions for such in a separate chapter of this land development code.

(LDC 1997, ch. 3, § 1.04)

The incorporated land and water area of the city is hereby divided into zones or districts as set forth in this chapter and as shown on the official zoning map.

(LDC 1997, ch. 3, § 1.05(a))

(a)

Adoption. The official zoning map of the city is hereby adopted and incorporated by reference and declared to be a part of this land development code. The official zoning map shall bear the date of its adoption and the signature of the mayor, attested to by the city clerk. The boundaries of each district shall be as shown on the official zoning map and the district symbols as set out in this land development code and shall be used to designate each district.

(b)

Authority as to current zoning status. The official zoning map shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the city and shall supersede and replace any and all previously adopted zoning maps. The city mayor or designee shall be the custodian of the official zoning map.

(c)

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

(1)

Boundaries indicated as approximately following the centerlines of public or private rights-of-way shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines as they exist at the time of the establishment of the district boundary.

(3)

Boundaries indicated as approximately following the city limits shall be construed as following the city limits as they existed at the time of the establishment of the district boundary.

(4)

Boundaries indicated as following a shoreline shall be construed to follow such shorelines, and in the event of change of the shoreline, shall be construed as moving with the actual shoreline.

(5)

Submerged lands, including waters over such submerged land, unless specifically zoned otherwise, are to be construed as being zoned the same as the abutting upland.

(6)

Boundaries indicated as parallel to or extensions of features indicated in items in this subsection (c), shall be so construed.

(7)

Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(8)

Where the street or property layout existing on the ground is at variance with that shown on the official zoning map, or in other circumstances not covered by items in this subsection, the city manager or designee shall interpret the district boundaries.

(d)

Zoning district boundary changes. After an amendment has been approved by the city council, changes in district boundaries shall be promptly entered on the official zoning map stating the date of change, signed by the mayor or designee and attested by the city clerk.

(e)

Live Local Act. For purposes of implementing Florida's Live Local Act within the zones or districts of the City, an "area zoned for commercial, industrial, or mixed use" shall mean such areas in the Industrial District (I-1) and Business District (B-1) and no other zoning district of the City. "Commercial, industrial, or mixed use" shall not include any permitted uses or uses presented as special exceptions in any zoning district except for those uses within the Industrial District (I-1) and Business District (B-1). Without limiting the foregoing and so as not to impair contracts or the comprehensive plan, the Live Local Act shall not be applicable within the Planned Unit Developments District ("PUD") or any area subject to a development agreement addressing the zoning or land use of the property. Any residential development, including mixed use residential, developed pursuant to the Live Local Act shall comply with any land development regulations and design standards, applicable to multifamily in the code or as set forth herein, whichever is stricter. For purposes of the Act, "major transit stop" shall mean a site containing an existing rail rapid transit system.

(LDC 1997, ch. 3, § 1.05(b); Ord. No. 2006-21, §§ 1, 2, 7-25-2006; Ord. No. 2023-18, § 1, 6-20-2023; Ord. No. 2024-10, § 1, 11-19-2024)

(a)

No building or structure shall be erected, reconstructed or structurally altered, nor shall any building, land or water be used for any purpose other than a use permitted in the district in which such building, land or water is located.

(b)

No building or land shall be used so as to produce greater heights, smaller yards, less unoccupied areas, or higher density or intensity than is prescribed in the regulations for the district in which the building or land is located.

(c)

No lot which is now or which may hereafter be built upon shall be so reduced in area so that it will be smaller than prescribed by this land development code.

(LDC 1997, ch. 3, § 1.05(c))

This article presents the basic purpose and intent of each zoning district. For specific criteria pertaining to those uses allowed as a special exception use upon approval, refer to chapter 106 of this land development code, pertaining to conditional uses and special exceptions.

(LDC 1997, ch. 3, § 1.06)

The AG agriculture district is established to provide for the protection of interim agricultural pursuits in transitional or urbanizing areas. The density shall not exceed one dwelling unit per five acres.

(LDC 1997, ch. 3, § 1.06(a))

Permitted uses in the AG district are as follows:

(1)

Agricultural uses consisting of citrus groves, pasture land, forestry, and vegetable or fruit crops.

(2)

Accessory structures and uses incidental to agricultural activity, provided that structures for keeping and raising of livestock shall not be located within 200 feet of property zoned residential or 100 feet of any lot line.

(3)

Single-family detached dwelling units.

(4)

Customary accessory structures and uses incidental to the principal structure not to exceed 15 percent of living area of the principal dwelling unit, provided that in the case of sheds, storage buildings or similar structures:

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Such shed, storage building or similar structure shall have a maximum size of 160 square feet and shall not exceed 12 feet in height.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

(5)

Recreation.

(6)

Family child care home.

(7)

Home occupations.

(8)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot, or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(a)(1); Ord. No. 2004-10, § 1, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the AG district are as follows:

(1)

Veterinary clinics.

(2)

Retail nurseries and garden supplies.

(3)

Horses, commercial stables, dude ranch, riding academy, boarding stable.

(4)

Horse breeding farm.

(5)

Farmers' markets.

(6)

Flea markets.

(7)

Kennels: boarding.

(8)

Kennels: breeding.

(LDC 1997, ch. 3, § 1.06(a)(2))

Uses expressly prohibited in the AG district are as follows:

(1)

Single-family attached dwelling units.

(2)

Multifamily residential dwelling units.

(3)

Two-family (duplex) dwelling units.

(4)

Manufactured homes.

(5)

Dairies.

(6)

Poultry ranches.

(7)

Mushroom farms.

(8)

Hog farms.

(9)

Any use prohibited by city, state or federal law.

(10)

Agriculture: processing—Packinghouses and slaughterhouses.

(11)

Feed lots, confined or exterior.

(12)

Livestock corrals.

(13)

Adult entertainment.

(14)

Bed and breakfast inn.

(15)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(a)(3))

Design standards in the AG district are as follows:

(1)

The minimum living area shall be 850 square feet.

(2)

The minimum lot size shall be five acres (217,800 square feet).

(3)

The minimum lot width shall be 150 feet measured along the building setback line.

(4)

There are no minimum lot depth requirements.

(5)

The maximum floor area ratio for dwellings is 0.2.

(6)

The minimum street frontage shall be 150 feet.

(7)

The minimum cul-de-sac frontage shall be 50 feet.

(8)

The maximum impervious surface area, which includes building coverage, shall not exceed ten percent.

(9)

There are no minimum open space requirements.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements for buildings, including covered patios and covered porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Swimming pools and associated decks with or without screen enclosures shall maintain a minimum 15 feet setback from any side or rear property line. Pools shall not be located within the front yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(a)(4))

The RSF-1 single-family low density residential district is established to implement comprehensive plan policies for managing low-density, single-family residential development at a density not to exceed two single-family dwelling units per acre. This designation serves to primarily place less intensive residential development adjacent to environmentally sensitive areas and natural resources, to allow residential preferences for all income groups, and to promote a diversity of housing types within the city.

(LDC 1997, ch. 3, § 1.06(b))

Permitted uses in the RSF-1 district are as follows:

(1)

Single-family detached dwelling units.

(2)

Customary accessory structures and uses incidental to the principal structure not to exceed 15 percent of living area of the principal dwelling unit, provided that in the case of sheds, storage buildings or similar structures:

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Such shed, storage building or similar structure shall have a maximum size of 160 square feet and shall not exceed 12 feet in height.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

e.

Customary accessory structures other than those regulated in sections b., c. or d. above shall be limited in size to 15 percent of the footprint of the enclosed principal structure.

(3)

Home occupations.

(4)

Neighborhood recreational facilities.

(5)

Model homes and model home sales centers:

a.

No model home permitted under this section may be used for living purposes either temporarily or permanently until the model home use has ended.

b.

Model homes shall be used for the sole purpose of public inspection and marketing of homes within the subdivision. No other commercial or residential activities shall be permitted.

c.

At the minimum, a model home sales center shall provide four off-street parking spaces for the first model home and two additional spaces for each adjacent model.

d.

The model home or model home sales center shall be converted to a residential home, removing all modifications made to the structure to facilitate its use as a model home or model home sales center, by the time all the other homes in the subdivision are sold, and a performance bond for the cost of such conversion, as certified in an estimate signed and sealed by a licensed engineer, shall be posted with the city prior to the construction of each model home or model home sales center.

e.

No subdivision shall have more than four model homes.

(6)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(b)(1); Ord. No. 2004-10, § 2, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2018-01, § 2, 2-6-2018; Ord. No. 2018-22, § 1, 12-4-2018; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the RSF-1 district are as follows:

(1)

Public use recreation facilities.

(2)

Community residential homes with one to six residents.

(3)

Family child care home.

(4)

Fire stations.

(5)

Police substations.

(6)

Emergency medical response stations.

(7)

Postal drop box.

(8)

Bed and breakfast inn.

(LDC 1997, ch. 3, § 1.06(b)(2); Ord. No. 2002-03, § 2, 2-26-2002; Ord. No. 2018-22, § 2, 12-4-2018)

Uses expressly prohibited in the RSF-1 district are as follows:

(1)

Single-family attached dwelling units.

(2)

Multifamily residential dwelling units.

(3)

Two-family (duplex) dwelling units.

(4)

Commercial land uses.

(5)

Industrial land uses.

(6)

Any use prohibited by city, state or federal law.

(7)

Manufactured homes.

(8)

Adult entertainment.

(9)

Billboards.

(10)

Nursing home.

(11)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(b)(3))

Design standards in the RSF-1 district are as follows:

(1)

The minimum living area shall be 1,000 square feet.

(2)

The minimum lot size shall be 15,000 square feet.

(3)

The minimum lot width at the building setback line shall be 100 feet.

(4)

The minimum lot depth shall be 150 feet.

(5)

There are no maximum floor area ratio requirements.

(6)

The minimum street frontage shall be 50 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area (which includes building coverage) shall not exceed 40 percent.

(9)

The minimum open space shall be 20 percent.

(10)

The maximum building height shall not exceed 35 feet.

(11)

The minimum setback requirements for buildings, including anything attached thereto, with the exception of non-covered sidewalks, at the initial time of construction or any time thereafter which serves to increase the size of its footprint, including, but not limited to, paved slabs, patios, and porches are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Swimming pools, associated decks, patios, screen enclosures:

a.

Swimming pools, associated decks, and patios, with or without screen enclosures, shall maintain a ten-foot setback form any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

b.

Swimming pools, associated decks, and patios, with or without screen enclosures for lots of a 50×110 dimension or smaller: Swimming pools, associated decks, and patios, with or without screen enclosures, to be located on lots with a dimension of 50×110 or smaller shall maintain a five-foot setback from any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

c.

Pools, associated decks, and patios, with or without screen enclosures, shall not be located within the front or side yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(b)(4);Ord. No. 2006-39, § 1, 2-6-2007; Ord. No. 2016-10, § 1, 8-2-2016; Ord. No. 2018-11, § 1, 8-7-2018; Ord. No. 2019-06, § 1, 6-18-2019)

The RSF-2 single-family medium density residential district is established to implement comprehensive plan policies for the establishment of single-family detached dwellings not to exceed a density of four dwelling units per acre. The city council deems that further limiting the maximum density in this district to three single-family detached dwelling units per acre, as provided in this division, serves to promote the health, safety and welfare of the citizens of the city by reducing the demands placed on the natural environment by new development and by encouraging the development and construction of larger homes which will serve to increase property values in the city. This designation additionally serves to maintain the character of existing developed areas which are subdivided to accommodate existing residential character, ensure that sufficient land area for this residential character is available to meet anticipated demands, promote a diversity of housing types within the city, and maintain or reduce densities which will not overburden the natural environment's ability to disperse leachate from septic tank systems.

(LDC 1997, ch. 3, § 1.06(c)())

(1)

Single-family detached dwelling units, provided, however, that the maximum density of single-family detached dwelling units in the RSF-2 district shall not exceed three per acre.

(2)

Customary accessory structures and uses incidental to the principal structure, provided that in the case of sheds, storage buildings or similar structures.

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Any residential shed shall have a maximum size of 160 square feet and shall not exceed 12 feet in height. A detached garage, storage building, or other similar structure must match the architectural style, including color and roofing material, of the principal structure on the lot, and shall not exceed 35 percent of the footprint of the enclosed principal structure.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

e.

Customary accessory structures other than those regulated in sections b., c. or d. above shall be limited in size to 15 percent of the footprint of the enclosed principal structure.

(3)

Home occupations.

(4)

Neighborhood recreational facilities.

(5)

Model homes and model home sales centers:

a.

No model home permitted under this section may be used for living purposes either temporarily or permanently until the model home use has ended.

b.

Model homes shall be used for the sole purpose of public inspection and marketing of homes within the subdivision. No other commercial or residential activities shall be permitted.

c.

At the minimum, a model home sales center shall provide four off-street parking spaces for the first model home and two additional spaces for each adjacent model.

d.

The model home or model home sales center shall be converted to a residential home, removing all modifications made to the structure to facilitate its use as a model home or model home sales center, by the time all the other homes in the subdivision are sold, and a performance bond for the cost of such conversion, as certified in an estimate signed and sealed by a licensed engineer, shall be posted with the city prior to the construction of each model home or model home sales center.

(6)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(c)(1); Ord. No. 2004-10, § 3, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2018-01, § 2, 2-6-2018; Ord. No. 2018-22, § 3, 12-4-2018; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the RSF-2 district are as follows:

(1)

Public use recreation facilities.

(2)

Community residential home with one to six residents.

(3)

Family child care home.

(4)

Bed and breakfast inn.

(LDC 1997, ch. 3, § 1.06(c)(2); Ord. No. 2002-03, § 2, 2-26-2002; Ord. No. 2018-22, § 4, 12-4-2018)

Uses expressly prohibited in the RSF-2 district are as follows:

(1)

Single-family attached dwelling units.

(2)

Two-family (duplex) dwelling unit.

(3)

Multifamily residential dwelling units.

(4)

Commercial land uses.

(5)

Industrial land uses.

(6)

Manufactured homes.

(7)

Any use prohibited by city, state or federal law.

(8)

Adult entertainment.

(9)

Billboards.

(10)

Nursing home.

(11)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(c)(3))

Except as otherwise provided in section 102-106 of the City of Minneola Land Development Regulations, the design standards in the RSF-2 district are as follows:

(1)

The minimum living area shall be 900 square feet.

(2)

The minimum lot size shall be 10,000 square feet.

(3)

The minimum lot width at the building setback line shall be 75 feet.

(4)

The minimum lot depth shall be 110 feet if central sewer is provided. If central sewer is not available, the minimum lot depth shall be 75 feet.

(5)

There are no maximum floor area ratio requirements.

(6)

The minimum street frontage shall be 50 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area (which includes building coverage) shall not exceed 45 percent.

(9)

The minimum open space shall be 15 percent.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements for buildings, including anything attached thereto, with the exception of non-covered sidewalks, at the initial time of construction or any time thereafter which serves to increase the size of its footprint, including, but not limited to, paved slabs, patios, and porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—10 feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Swimming pools, associated decks, patios, screen enclosures:

a.

Swimming pools, associated decks, and patios, with or without screen enclosures, shall maintain a ten-foot setback form any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

b.

Swimming pools, associated decks, and patios, with or without screen enclosures for lots of a 50×110 dimension or smaller: Swimming pools, associated decks, and patios, with or without screen enclosures, to be located on lots with a dimension of 50×110 or smaller shall maintain a five-foot setback from any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

c.

Pools, associated decks, and patios, with or without screen enclosures, shall not be located within the front or side yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(b)(4); Ord. No.2006-39, § 1, 2-6-2007; Ord. No. 2016-10, § 1, 8-2-2016; Ord. No. 2018-11, § 1, 8-7-2018; Ord. No. 2019-06, § 1, 6-18-2019)

(a)

An overlay district for minimum design standards is hereby created for those properties located within the RSF-2 zoning district and shown on Exhibit "A," attached hereto and incorporated herein by reference (the "overlay district").

(b)

The minimum design standards for properties located within the overlay district are as follows:

(1)

The minimum lot size shall be 2,000 square feet.

(2)

The minimum lot width at the building setback line shall be 35 feet.

(3)

The minimum lot depth shall be 45 feet.

(4)

The minimum street frontage shall be 25 feet.

(5)

The minimum setback requirements for buildings (including covered patios and covered porches) are as follows:

a.

Front yard setback:

1.

Local roadway—20 feet.

2.

Collector roadway—20 feet.

3.

Arterial roadway—20 feet.

b.

Side yard setback when adjoining:

1.

Another lot—5 feet.

2.

Local roadway—5 feet.

3.

Collector roadway—5 feet.

4.

Arterial roadway—5 feet.

c.

Rear yard setback: 10 feet.

(Ord. No. 2014-13, § 2, 7-1-2014)

The RSF-3 single-family high density residential district is established to implement comprehensive plan policies for the establishment of single-family attached or detached residential development at a density not to exceed six dwelling units per acre, provided that central sewer facilities are utilized or four dwelling units per acre on individual septic tanks. This RSF-3 district is intended to provide relatively affordable, urban density housing, and it is intended to serve as a transitional zone between multifamily and single-family residential uses.

(LDC 1997, ch. 3, § 1.06(d))

Permitted uses in the RSF-3 district are as follows:

(1)

Single-family attached or detached dwelling units.

(2)

Customary accessory structures and uses incidental to the principal structure, provided that in the case of sheds, storage buildings or similar structures.

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Any residential shed shall have a maximum size of 160 square feet and shall not exceed 12 feet in height. A detached garage, storage building, or other similar structure must match the architectural style, including color and roofing material, of the principal structure on the lot, and shall not exceed 35 percent of the footprint of the enclosed principal structure.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

e.

Customary accessory structures other than those regulated in sections b., c. or d. above shall be limited in size to 15 percent of the footprint of the enclosed principal structure.

(3)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(d)(1); Ord. No. 2004-10, § 4, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2018-01, § 2, 2-6-2018; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the RSF-3 district are as follows:

(1)

Public use recreation facilities.

(2)

Bed and breakfast inn.

(3)

Community residential home with one to 14 residents.

(4)

Family child care home.

(5)

Model homes and model home sales centers.

(LDC 1997, ch. 3, § 1.06(d)(2); Ord. No. 2002-03, § 2, 2-26-2002)

Uses expressly prohibited in the RSF-3 district are as follows:

(1)

Multifamily residential dwelling units.

(2)

Commercial land uses.

(3)

Industrial land uses.

(4)

Any use prohibited by city, state or federal law.

(5)

Adult entertainment.

(6)

Billboards.

(7)

Nursing home.

(8)

Manufactured homes.

(9)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(d)(3))

Design standards in the RSF-3 district are as follows:

(1)

The minimum living area shall be 850 square feet.

(2)

The minimum lot size shall be 7,150 square feet if central sewer is provided. If central sewer facilities are not available, the density shall not exceed four dwelling units per acre and the minimum lot size shall be 7,500 square feet.

(3)

The minimum lot width at the building setback line shall be 75 feet.

(4)

The minimum lot depth shall be 110 feet if a central sewer is provided. If a central sewer is not available, the minimum lot depth shall be 75 feet.

(5)

There are no maximum floor area ratio requirements.

(6)

The minimum street frontage shall be 50 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area, which includes building coverage, shall not exceed 45 percent.

(9)

The minimum open space shall be 15 percent.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements for buildings, including anything attached thereto, with the exception of non-covered sidewalks, at the initial time of construction or any time thereafter which serves to increase the size of its footprint, including, but not limited to, paved slabs, patios, and porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Swimming pools, associated decks, patios, screen enclosures:

a.

Swimming pools, associated decks, and patios, with or without screen enclosures, shall maintain a ten-foot setback form any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

b.

Swimming pools, associated decks, and patios, with or without screen enclosures for lots of a 50×110 dimension or smaller: Swimming pools, associated decks, and patios, with or without screen enclosures, to be located on lots with a dimension of 50×110 or smaller shall maintain a five-foot setback from any rear property line. The setback from any side property line shall be equal to the setback for the principal structure on the property.

c.

Pools, associated decks, and patios, with or without screen enclosures, shall not be located within the front or side yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(b)(4); Ord. No. 2006-39, § 1, 2-6-2007; Ord. No. 2016-10, § 1, 8-2-2016; Ord. No. 2018-11, § 1, 8-7-2018; Ord. No. 2019-06, § 1, 6-18-2019)

The RMF-1 multifamily medium density residential district is established to implement comprehensive plan policies for the establishment of multifamily medium density residential development at a density not to exceed four dwelling units per acre.

(LDC 1997, ch. 3, § 1.06(e))

Permitted uses in the RMF-1 district are as follows:

(1)

Single-family attached or detached residential dwelling units.

(2)

Two-family (duplex) residential dwelling units.

(3)

Multifamily residential dwelling units.

(4)

Customary accessory structures and uses incidental to the principal structure not to exceed 15 percent of living area of the principal dwelling unit, provided that in the case of sheds, storage buildings or similar structures:

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Such shed, storage building or similar structure shall have a maximum size of 160 square feet and shall not exceed 12 feet in height.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

(5)

Home occupations.

(6)

Neighborhood recreational facilities.

(7)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(e)(1); Ord. No. 2004-10, § 5, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the RMF-1 district are as follows:

(1)

Adult congregate living facilities.

(2)

Nursing homes.

(3)

Day care center.

(4)

Community residential homes with one to 14 residents.

(5)

Bed and breakfast inn.

(6)

Family child care home.

(7)

Model homes and model home sales centers.

(LDC 1997, ch. 3, § 1.06(e)(2); Ord. No. 2002-03, § 2, 2-26-2002)

Uses expressly prohibited in the RMF-1 district are as follows:

(1)

Manufactured homes.

(2)

Commercial land uses.

(3)

Industrial land uses.

(4)

Uses prohibited by city, state or federal law.

(5)

Adult entertainment.

(6)

Billboards.

(7)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(e)(3))

Design standards in the RMF-1 district are as follows:

(1)

The minimum living area for single-family shall be 1,000 square feet.

(2)

The minimum living area for one and two bedroom duplex and multifamily units shall be 700 square feet.

(3)

The minimum living area for three bedroom or more duplex and multifamily units shall be 1,000 square feet.

(4)

The minimum lot size for single-family shall be 7,150 square feet if central sewer is provided. Should septic tanks be utilized then the minimum lot area shall be 7,500 square feet.

(5)

The minimum lot size for duplex units shall be 7,500 square feet if central sewer facilities are provided. Should septic tanks be utilized then the minimum lot area shall be 9,000 square feet.

(6)

The minimum lot size for multifamily units shall be 9,000 square feet.

(7)

The minimum lot width shall be 75 feet for single-family, duplex, and multifamily dwelling units.

(8)

The minimum lot depth shall be 100 feet if a central sewer is provided. If a central sewer is not available, the minimum lot depth shall be 110 feet.

(9)

There are no maximum floor area ratio requirements.

(10)

The minimum street frontage shall be 50 feet.

(11)

The minimum cul-de-sac frontage shall be 25 feet.

(12)

The maximum impervious surface area, which includes building coverage, shall not exceed 50 percent.

(13)

The minimum open space shall be 15 percent for single-family and duplexes and 25 percent for any other use if mandated by law or approved per section 102-163.

(14)

The maximum building height is 35 feet.

(15)

The minimum setback requirements for buildings, including anything attached thereto, with the exception of non-covered sidewalks, at the initial time of construction or any time thereafter which serves to increase the size of its footprint, including, but not limited to, paved slabs, patios, and porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(16)

Swimming pools, associated decks, and patios, with or without screen enclosures, shall maintain a minimum 15-foot setback from any side or rear property line. Pools shall not be located within the front yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(e)(4); Ord. No. 2018-11, § 1, 8-7-2018; Ord. No. 2019-06, § 1, 6-18-2019; Ord. No. 2023-18, § 2, 6-20-2023)

The RMF-2 multifamily high density residential district is established to implement comprehensive plan policies for the establishment of multifamily high density residential development at a density not to exceed eight dwelling units per acre, provided that central sewer facilities are utilized or four dwelling units per acre on individual septic tanks.

(LDC 1997, ch. 3, § 1.06(f))

Permitted uses in the RMF-2 district are as follows:

(1)

Single-family attached dwelling units.

(2)

Single-family detached dwelling units.

(3)

Two-family dwelling units.

(4)

Multifamily dwelling units.

(5)

Customary accessory structures and uses incidental to the principal structure not to exceed 15 percent of living area of the principal dwelling unit, provided that in the case of sheds, storage buildings or similar structures:

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Such shed, storage building or similar structure shall have a maximum size of 160 square feet and shall not exceed 12 feet in height.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

(6)

Home occupations.

(7)

Neighborhood recreational facilities.

(8)

Manufactured homes.

(9)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The accessory dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ratio must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(f)(1); Ord. No. 2004-10, § 6, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2022-07, § 1, 4-19-2022; Ord. No. 2024-01, § 1, 2-7-2024)

Uses permitted as special exception uses upon approval in the RMF-2 district are as follows:

(1)

Adult congregate living facilities.

(2)

Community residential homes with an unlimited number of residents.

(3)

Bed and breakfast inn.

(4)

Family child care home.

(5)

Nursing homes.

(6)

Day care center with six to 30 children.

(7)

Model homes and model home sales centers.

(LDC 1997, ch. 3, § 1.06(f)(2); Ord. No. 2002-03, § 2, 2-26-2002)

Uses expressly prohibited in the RMF-2 district are as follows:

(1)

Commercial land uses.

(2)

Industrial land uses.

(3)

Uses prohibited by city, state or federal law.

(4)

Adult entertainment.

(5)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(f)(3))

Design standards in the RMF-2 district are as follows:

(1)

Minimum living area:

a.

Single-family detached units: 1,000 square feet.

b.

All other residential units:

• One- and two-bedroom units: 700 square feet.

• Three- or more bedroom units: 1,000 square feet.

(2)

Minimum lot size

a.

Single-family detached units: 7,150 square feet if connected to central sewer. Should septic tanks be utilized, then the minimum lot size shall be 7,500 square feet.

b.

Two-family dwellings (duplex) units: 7,500 square feet if connected to central sewer facilities. Should septic tanks be utilized, then the minimum lot size shall be 9,000 square feet.

c.

Attached dwellings (townhomes): 2,000 square feet.

d.

Multifamily dwelling units: 9,000 square feet.

(3)

The minimum lot depth shall be 100 feet if a central sewer is provided. If a central sewer is not available, the minimum lot depth shall be 110 feet.

(4)

There are no maximum floor area ratio requirements.

(5)

The minimum street frontage shall be 50 feet.

(6)

The minimum cul-de-sac frontage shall be 25 feet.

(7)

The maximum impervious surface area (which includes building coverage) shall not exceed 50 percent for detached single family dwelling units. All other developments shall have a maximum impervious surface area of 70 percent (calculated for the entire development).

(8)

The minimum open space shall be 15 percent (calculated for the entire development).

(9)

The maximum building height is 35 feet.

(10)

The minimum setback requirements for buildings, including anything attached thereto, with the exception of non-covered sidewalks, at the initial time of construction or any time thereafter which serves to increase the size of its footprint, including, but not limited to, paved slabs, patios, and porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining (in the case of attached dwellings, the following applies to end units only):

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback:

1.

Single family and multi-family dwellings: 25 feet.

2.

Attached dwellings: Six feet

(11)

Swimming pools, associated decks, and patios, with or without screen enclosures, shall maintain a minimum 15-foot setback from any side or rear property line. Pools shall not be located within the front yard of any lot or within any easement.

(LDC 1997, ch. 3, § 1.06(f)(4); Ord. No. 2018-11, § 1, 8-7-2018; Ord. No. 2019-06, § 1, 6-18-2019; Ord. No. 2023-18, § 2, 6-20-2023; Ord. No. 2024-01, § 1, 2-7-2024)

The OR office/residential district is established to implement comprehensive plan policies for managing transitional areas where residential structures can be utilized for personal and professional services and not adversely affect adjacent property. The density cannot exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed eight units per acre.

(LDC 1997, ch. 3, § 1.06(g); Ord. No. 2018-18, § 1, 11-16-2018)

Permitted uses in the OR district are as follows:

(1)

Single-family detached dwelling units.

(2)

Two-family (duplex) dwelling units existing prior to June 1, 2018.

(3)

Customary accessory structures and uses incidental to the principal structure not to exceed 15 percent of the living area of the principal dwelling unit, provided that in the case of sheds, storage buildings or similar structures:

a.

Only one shed, storage building or similar structure shall be permitted per lot.

b.

Such shed, storage building or similar structure shall have a maximum size of 160 square feet and shall not exceed 12 feet in height.

c.

Such shed, storage building, or similar structure shall be placed at the rear of the dwelling unit on the lot. For purposes of this section, the rear of a dwelling unit is defined as the area from a perceived horizontal line across the back of the dwelling unit to the rear property line subject to setback requirements and easements.

d.

Such shed, storage building, or similar structure shall be five feet from any side and/or rear property line unless the dwelling unit is on a corner lot in which case such shed, storage building, or similar structure shall have a 25-foot setback from all street side property lines.

(4)

Home occupations.

(5)

Accessory dwelling, provided there is a lawful single-family dwelling on the lot or a lawful single-family dwelling is being contemporaneously constructed on the lot, and subject to the following conditions:

a.

The lot must be a legally created lot.

b.

No more than one principal single-family dwelling and one accessory dwelling shall be permitted on any legally created lot. A lot containing an accessory dwelling shall be occupied by the owner of the lot, and the owner may live in either the accessory dwelling or the principal single-family dwelling. Prior to the date a building permit is issued for an accessory dwelling or prior to the use of an existing accessory building as an accessory dwelling, the owner of the lot shall execute and the city manager or designee shall record in the official records of Lake County, Florida, at the owner's expense, a legal instrument that requires the principal single-family dwelling and the accessory dwelling to remain in the same ownership and limiting occupancy of either the principal single-family dwelling or the accessory dwelling to the owner of the property. Proof that such instrument has been recorded shall be provided to the city manager, or designee, prior to issuance of the certificate of occupancy for the accessory dwelling.

c.

An accessory dwelling may be attached to a principal single-family dwelling, an apartment unit within the principal single-family dwelling, or a stand-alone building.

d.

An accessory dwelling unit shall not exceed 400 square feet.

e.

The accessory dwelling shall be located and designed consistent with the principal single-family dwelling and shall be the same architectural style and type of construction as the principal dwelling unit, and shall not interfere with the appearance of the principal dwelling as a single-family dwelling. The Accessory Dwelling shall be the same architectural style as the principal single-family dwelling and must meet the setback requirements imposed on the principal single-family dwelling. Required impervious surface ration must be maintained.

f.

The principal single-family dwelling and the accessory dwelling shall share a common driveway if access to the accessory dwelling is from the same right-of-way or easement.

g.

The accessory dwelling must have its own water and electric meters, and its own sewer connection. The same impact fees must be paid for the accessory structure as is paid for any single-family dwelling unit. If the accessory dwelling is to be connected to the septic system of the principal single-family dwelling, certification from the health department must be obtained verifying the system is sized to handle the additional load.

h.

The accessory dwelling must have a solid foundation.

(LDC 1997, ch. 3, § 1.06(g)(1); Ord. No. 2004-10, § 7, 4-27-2004; Ord. No. 2009-26, § 1, 3-3-2010; Ord. No. 2018-18, § 1, 11-16-2018; Ord. No. 2022-07, § 1, 4-19-2022)

Uses permitted as special exception uses upon approval in the OR district are as follows:

(1)

Banks.

(2)

Health/exercise clubs.

(3)

Veterinary clinics.

(4)

Personal service.

(5)

Business services.

(6)

Offices.

(7)

Financial services.

(8)

Medical office/clinic.

(9)

Bed and breakfast inn.

(10)

Family child care home.

(11)

Community residential home with one to 14 residents.

(12)

Day care center.

(LDC 1997, ch. 3, § 1.06(g)(2); Ord. No. 2018-18, § 1, 11-16-2018)

Uses expressly prohibited in the OR district are as follows:

(1)

Wholesalers and distributors.

(2)

Industrial land uses.

(3)

Retail sales.

(4)

Adult entertainment.

(5)

Commercial recreational facilities.

(6)

Warehousing, outside storage.

(7)

Uses prohibited by city, state or federal law.

(8)

Manufactured homes.

(9)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(g)(3)); Ord. No. 2018-18, § 1, 11-16-2018)

Design standards in the OR district are as follows:

(1)

The minimum living area shall be the same as those outlined in the RMF-1 district.

(2)

The minimum lot size shall be 10,000 square feet of commercial if central sewer facilities are provided. Should septic tanks be utilized, the minimum lot area shall be 12,500 square feet of commercial. Reference RMF-1 requirements for a proposed residential use.

(3)

The minimum lot width shall be 100 feet for commercial. Reference RMF-1 requirements for a proposed residential use.

(4)

The minimum lot depth shall be 110 feet if a central sewer is provided. If a central sewer is not provided, the minimum lot depth shall be 100 feet.

(5)

The maximum floor area ratio is 0.90.

(6)

The minimum street frontage shall be 50 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface, which includes building coverage, shall be limited to 70 percent.

(9)

The minimum open space shall be 15 percent.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements for buildings, including covered patios and covered porches, are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Swimming pools and associated decks with or without screen enclosures shall maintain a minimum 15-foot setback from any side or rear property line. Pools shall not be located within the front yard of any lot or within any easement.

(13)

Notwithstanding anything herein, central sewer facilities must be used if "available" as defined in F.S. § 381.0065. If, however, central sewer facilities are not available, and the health department permits, septic tanks may be utilized until such time as central sewer becomes available.

(LDC 1997, ch. 3, § 1.06(g)(4); Ord. No. 2018-18, § 1, 11-16-2018)

The I-1 industrial district is established to implement comprehensive plan policies for managing industrial development and to provide development for wholesale commercial uses and limited industrial operations engaged in fabricating, repair, or storage of manufactured goods where no objectionable byproducts of the activity, such as odors, smoke, dust, refuse, electromagnetic interference, noise in excess of that customary to loading, unloading, and handling of goods and materials, are noticeable beyond the lot on which the facility is located. No hazardous material may be utilized by the industrial operations permitted in this I-1 district. The location of such I-1 districts shall take into consideration access to rail and terminal facilities, major arterial roadways, labor markets and necessary urban services. Such I-1 districts shall be accessible to major thoroughfares and buffered from residential neighborhoods.

(LDC 1997, ch. 3, § 1.06(h))

Permitted uses in the I-1 district are as follows:

(1)

Agriculturally related industry.

(2)

Boat repair.

(3)

Commercial/industrial service.

(4)

Construction contractor's yard and storage.

(5)

Distribution centers.

(6)

Laboratory/research and development.

(7)

Laundry/dry cleaning plants.

(8)

Manufacturing: Craftsman shop.

(9)

Manufacturing: Assembling.

(10)

Manufacturing: Processing.

(11)

Motor vehicle repair facility.

(12)

Offset printing.

(13)

Wholesalers and distributors.

(14)

Accessory structures and uses incidental to agricultural activities.

(15)

Auto service station.

(16)

Warehousing, storage activities.

(17)

Ministorage warehouse/self-storage facilities.

(LDC 1997, ch. 3, § 1.06(h)(1); Ord. No. 2021-24, § 1, 12-21-2021)

Uses permitted as special exception uses upon approval in the I-1 district are as follows:

(1)

One single-family residential dwelling unit on the site of a permitted use to be used exclusively by a caretaker.

(2)

Motor vehicle towing and impoundment facility.

(3)

Trucking terminal.

(4)

Heavy metal fabrication.

(5)

Rubber or plastics manufacturing.

(6)

Adult entertainment establishments.

(7)

Pet day care and boarding facilities.

(8)

Tattoo establishments.

(9)

Car washes.

(LDC 1997, ch. 3, § 1.06(h)(2); Ord. No. 2002-22, § 6(a), 7-23-2002; Ord. No. 2009-03, § 2, 2-17-2009; Ord. No. 2010-11, § 2, 4-20-2010; Ord. No. 2022-14, § 1, 6-21-2022)

Uses expressly prohibited in the I-1 district are as follows:

(1)

Residential dwelling units except as allowed in this division.

(2)

Reserved.

(3)

Uses prohibited by city, state or federal law.

(4)

Chemical or petroleum manufacturing or refining.

(5)

Agriculture: Processing—Packinghouses and slaughterhouses.

(6)

Junkyards.

(7)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(h)(3))

Design standards in the I-1 district are as follows:

(1)

There are no minimum building area requirements for industrial uses. Residential uses will only be allowed if mandated by law or as provided in section 102-253.

(2)

The minimum lot size shall be 20,000 square feet

(3)

The minimum lot width shall be 200 feet.

(4)

There are no minimum lot depth requirements for industrial uses.

(5)

The maximum floor area ratio is 1.0 for industrial uses.

(6)

The minimum street frontage shall be 100 feet.

(7)

The minimum cul-de-sac frontage shall be 50 feet.

(8)

The maximum impervious surface area (which includes building coverage) shall be limited to 75 percent for industrial uses.

(9)

There are no minimum open space requirements for industrial uses.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—Ten feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Colors:.

a.

Predominant exterior colors. The use of black, grey, fluorescent, primary and/or secondary colors is prohibited as the predominant exterior building or roof colors. Earth tone colors are encouraged. Earth tone is a color scheme that draws from a color palette of browns and tans. The colors in an earth tone scheme are muted in an emulation of natural colors.

b.

Building trim colors. Building trim and accent areas may feature any color(s) provided said color is limited to ten percent of the affected facade segment, with a maximum trim height of 24 inches total for its shortest distance.

(13)

Residential uses permitted through the Live Local Act or allowed per section 102-253 shall comply with the RMF-2 standards (see section 102-195).

(LDC 1997, ch. 3, § 1.06(h)(4); Ord. No. 2009-28, § 7, 3-2-2010; Ord. No. 2023-18, § 2, 6-20-2023)

The C conservation district is established to provide green, undeveloped area and to protect floodplains, wetlands, and other natural resources.

(LDC 1997, ch. 3, § 1.06(i))

Permitted uses in the C district are as follows:

(1)

Swamps, wetlands and forests.

(2)

Nature preserves.

(LDC 1997, ch. 3, § 1.06(i)(1))

Uses permitted as special exception uses upon approval in the C district are as follows:

(1)

Environmental study centers.

(2)

Recreation, passive.

(LDC 1997, ch. 3, § 1.06(i)(2))

Uses expressly prohibited in the C district are as follows:

(1)

Residential land uses.

(2)

Commercial land uses.

(3)

Industrial land uses.

(4)

Recreation land uses, active.

(5)

Utility land uses.

(6)

Agricultural land uses.

(7)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(i)(3))

Design standards in the C district are as follows:

(1)

There are no minimum living area requirements.

(2)

There are no minimum lot size requirements.

(3)

There are no minimum lot width requirements.

(4)

There are no minimum lot depth requirements.

(5)

The maximum floor area ratio is 0.05.

(6)

The minimum street frontage shall be 25 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area, which includes building coverage, shall be limited to five percent.

(9)

There are no minimum open space requirements.

(10)

The maximum building height is 35 feet.

(11)

There are no minimum setback requirements.

(LDC 1997, ch. 3, § 1.06(i)(4))

The P public facilities/institutional district is established to manage policies of the comprehensive plan for development of public facilities. The P district is established to provide for the special or substantial public interest facilities that are so desired.

(LDC 1997, ch. 3, § 1.06(j))

Permitted uses in the P district are as follows:

(1)

Airports.

(2)

Auditoriums, stadiums, arenas and expositions.

(3)

Municipal/governmental buildings, structures and uses.

(4)

Cemeteries.

(5)

Houses of worship.

(6)

Educational facilities.

(7)

Hospitals, clinics and medical facilities.

(8)

Post offices.

(9)

Libraries.

(10)

Police and fire facilities.

(11)

Clubs, lodges and fraternal organizations.

(12)

Any other use of a similar nature when approved by the city council.

(LDC 1997, ch. 3, § 1.06(j)(1))

Uses expressly prohibited in the P district are as follows:

(1)

Day care centers.

(2)

Residential land uses.

(3)

Commercial land uses.

(4)

Industrial land uses.

(5)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(j)(2))

Design standards in the P district shall be as follows:

(1)

There are no minimum living area requirements.

(2)

The minimum lot size shall be determined by the city council based upon the use.

(3)

The minimum lot width shall be determined by the city council based upon the use.

(4)

There are no minimum lot depth requirements.

(5)

The maximum floor area ratio is 0.80.

(6)

There are no minimum street frontage requirements.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area, which includes building coverage, shall not exceed 60 percent.

(9)

There are no minimum open space requirements.

(10)

The maximum building height is 45 feet.

(11)

The minimum setback requirements shall be determined by the city council based upon the use.

(12)

The city shall require new public facilities to install landscaping, visually obstructive fencing or manmade berms, or other appropriate screening techniques to obstruct the view of the public facilities site from either single-family low density or medium density residential development if the proposed use is within 50 feet of low or medium density single-family residential development.

(LDC 1997, ch. 3, § 1.06(j)(3))

The B-1 business district is established to implement comprehensive plan policies for managing transitional areas between residential land uses and more intense commercial and industrial uses.

(LDC 1997, ch. 3, § 1.06(k))

Permitted uses in the B-1 district are as follows:

(1)

Offices.

(2)

Personal services.

(3)

Convenience stores without fuel operations.

(4)

Laundry and dry cleaning retail stores.

(5)

Financial services.

(6)

Office supply.

(7)

Retail sales and services.

(8)

Business services.

(9)

Office complex.

(10)

Maintenance contractor.

(11)

Medical office/clinic.

(12)

Manufactured home sales and service.

(13)

Office condominiums.

(14)

Restaurants.

(15)

Banks.

(16)

Health/exercise club.

(17)

Adult/vocational education.

(18)

Learning center.

Applicants for proposed adult/vocational education or learning center uses pursuant to [subsections] (17) and (18) shall submit a B-1 permitted use staff review application, along with the associated application fee, to the city planning department for DRC review. DRC shall provide the city manager with its written recommendations, and the city manager shall consider the same and approve, approve with conditions, or deny the application and convey such decision in writing to the applicant. In the event the city manager denies the B-1 permitted use staff review application, the applicant may appeal such decision to the city council.

(LDC 1997, ch. 3, § 1.06(k)(1); Ord. No. 2008-23, § 1, 7-1-2008)

Uses permitted as special exception uses upon approval in the B-1 district are as follows:

(1)

Convenience stores with fuel operations.

(2)

Athletic/sports facility.

(3)

Commercial recreation facility.

(4)

Veterinary clinics.

(5)

Accessory structures, which may include a residence, and uses incidental to agricultural activity.

(6)

Day care centers.

(7)

Nursing home.

(8)

Adult congregate living facilities.

(9)

Recreational vehicle park (RV).

(10)

Residential land uses.

(11)

Pet day care and boarding facilities.

(12)

Tattoo establishment.

(13)

Establishments selling alcoholic beverages for off-site consumption.

(14)

Establishments selling alcoholic beverages for on-site consumption.

(15)

Car lots.

(16)

Smoke shops.

(LDC 1997, ch. 3, § 1.06(k)(2); Ord. No. 2009-03, § 1, 2-17-2009; Ord. No. 2010-11, § 1, 4-20-2010; Ord. No. 2021-12, § 1, 9-7-2021; Ord. No. 2023-03, § 1, 2-21-2023; Ord. No. 2023-30, § 1, 12-5-2023)

Uses expressly prohibited in the B-1 district are as follows:

(1)

Manufacturing: processing.

(2)

Manufacturing: craftsman shop.

(3)

Adult entertainment.

(4)

Uses prohibited by city, state and federal law.

(5)

Agriculture: processing — packinghouses and slaughterhouses.

(LDC 1997, ch. 3, § 1.06(k)(3))

Design standards in the B-1 district are as follows:

(1)

The maximum building area shall be 18,000 square feet. Residential uses will only be allowed if mandated by law or as provided in section 102-343.

(2)

The minimum lot size shall be 22,500 square feet.

(3)

The minimum lot width shall be 150 feet.

(4)

There are no minimum lot depth requirements for commercial uses.

(5)

The maximum floor area ratio is 1.10 for commercial uses.

(6)

The minimum street frontage shall be 50 feet.

(7)

The minimum cul-de-sac frontage shall be 25 feet.

(8)

The maximum impervious surface area, which includes building coverage, shall be limited to 90 percent for commercial uses.

(9)

There are no minimum open space requirements for commercial uses.

(10)

The maximum building height is 35 feet.

(11)

The minimum setback requirements are as follows:

a.

Front yard setback:

1.

Local roadway—25 feet.

2.

Collector roadway—25 feet.

3.

Arterial roadway—50 feet.

b.

Side yard setback when adjoining:

1.

Another lot—12 feet.

2.

Local roadway—25 feet.

3.

Collector roadway—25 feet.

4.

Arterial roadway—50 feet.

c.

Rear yard setback: 25 feet.

(12)

Colors:

a.

Predominant exterior colors. The use of black, grey, fluorescent, primary and/or secondary colors is prohibited as the predominant exterior building or roof colors. Earth tone colors are encouraged. Earth tone is a color scheme that draws from a color palette of browns and tans. The colors in an earth tone scheme are muted in an emulation of natural colors.

b.

Building trim colors. Building trim and accent areas may feature any color(s) provided said color is limited to ten percent of the affected facade segment, with a maximum trim height of 24 inches total for its shortest distance.

(13)

Residential uses permitted through the Live Local Act or allowed per Section 102-343 shall comply with the RMF-2 standards (see section 102-195).

(LDC 1997, ch. 3, § 1.06(k)(4); Ord. No. 2009-28, § 8, 3-2-2010; Ord. No. 2021-15, § 1, 12-7-2021; Ord. No. 2022-04, § 1, 4-5-2022; Ord. No. 2023-17, § 2, 5-16-2023; Ord. No. 2023-18, § 2, 6-20-2023)

The R recreation district is established to implement comprehensive plan policies for the establishment of recreation areas both public and private.

(LDC 1997, ch. 3, § 1.06(l))

Permitted uses in the R district are as follows:

(1)

Golf courses.

(2)

Recreation, active and passive.

(3)

Bike paths and trails.

(4)

Associated facilities which support the above uses (i.e. restrooms, clubhouse).

(LDC 1997, ch. 3, § 1.06(l)(1))

Uses expressly prohibited in the R district are as follows:

(1)

Residential land uses.

(2)

Commercial land uses.

(3)

Industrial land uses.

(4)

Agricultural land uses.

(5)

Uses prohibited by city, state and federal law.

(6)

Public land uses.

(7)

Utility land uses.

(8)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(l)(2))

Design standards in the R district are as follows:

(1)

There are no minimum living area requirements.

(2)

There are no minimum lot size requirements.

(3)

There are no minimum lot width requirements.

(4)

There are no minimum lot depth requirements.

(5)

The maximum floor area ratio is 0.30.

(6)

There are no minimum street frontage requirements.

(7)

There are no minimum cul-de-sac frontage requirements.

(8)

The maximum impervious surface area, which includes building coverage, shall be limited to 50 percent.

(9)

There are no minimum open space requirements.

(10)

The maximum building height is 35 feet.

(11)

There are no minimum setback requirements.

(LDC 1997, ch. 3, § 1.06(l)(3))

The U utilities district is established to implement comprehensive plan policies for the establishment of utility areas. This designation is intended to accommodate necessary major public or semipublic utility plant operations and related facilities required to service urban development.

(LDC 1997, ch. 3, § 1.06(m))

Permitted uses in the U district are as follows:

(1)

Electric power substations and operation centers.

(2)

Gas and water metering stations.

(3)

Package sewer treatment

(4)

Water supply operations.

(5)

Telephone and communication facilities.

(6)

Television broadcasting facilities.

(7)

Potable water well sites.

(LDC 1997, ch. 3, § 1.06(m)(1))

Uses expressly prohibited in the U district are as follows:

(1)

Residential land uses.

(2)

Commercial land uses.

(3)

Industrial land uses.

(4)

Agricultural land uses.

(5)

Uses prohibited by city, state and federal law.

(6)

Public land uses.

(7)

Recreation land uses.

(8)

Recreational vehicle (RV) park.

(LDC 1997, ch. 3, § 1.06(m)(2))

Design standards in the U district are as follows:

(1)

There are no minimum living area requirements.

(2)

There are no minimum lot size requirements.

(3)

There are no minimum lot width requirements.

(4)

There are no minimum lot depth requirements.

(5)

The maximum floor area ratio is 1.00.

(6)

There are no minimum street frontage requirements.

(7)

There are no minimum cul-de-sac frontage requirements.

(8)

The maximum impervious surface area, which includes building coverage, shall be limited to 85 percent.

(9)

There are no minimum open space requirements.

(10)

The maximum building height is 35 feet.

(11)

There are no minimum setback requirements.

(LDC 1997, ch. 3, § 1.06(m)(3))

The PUD district is established to implement comprehensive plan policies by allowing a variety of housing types with a broad range of housing costs. This PUD district is designed to encourage innovative development concepts to provide design amenities and to manage natural features of the land. The location of such PUD's will be dictated by the type of development that will be provided. (Residential PUD's will be located in residentially designated areas of the future land use map of the comprehensive plan as an overlay district, commercial PUDs will be located in commercially designated areas of the future land use map as an overlay district, etc.) Densities and intensities cannot exceed those which are permitted in that area on the future land use map.

(LDC 1997, ch. 3, § 1.06(n))

Permitted uses in the PUD district are as follows:

(1)

Residential PUD. Single-family and multifamily residential dwelling units as permitted in RSF-1, RSF-2, RSF-3, RMF-1, and RMF-2; provided, however, that PUD's located within the single-family overlay district of the future land use map utilizing multifamily units within the PUD cannot exceed 49 percent of the housing stock, on-site recreational facilities and on-site day care facilities, convenience store and personal services intended to service the principal use.

(2)

Commercial PUD. Commercial uses as permitted under the B-1 and OR zoning districts and other uses deemed appropriate and incidental to the primary use by the city council.

(3)

Industrial PUD. Industrial uses as permitted under the I-1 zoning district, commercial uses intended to service the primary uses and other uses deemed appropriate and incidental to the primary use by the city council.

(LDC 1997, ch. 3, § 1.06(n)(1) ; Ord. No. 2006-21, § 3, 7-25-2006)

The maximum density/intensity allowed within the PUD shall be as allowed within the overlay land use districts as delineated on the future land use map.

(LDC 1997, ch. 3, § 1.06(n)(2))

Land uses proposed within a PUD must conform to uses allowed within the land use designations of the future land use map of the comprehensive plan.

(LDC 1997, ch. 3, § 1.06(n)(3))

The minimum size of any parcel shall be five acres. A lesser minimum area may be approved if the city council determines that the intent and purpose of the PUD district and expressed municipal development policy would be served in such case.

(LDC 1997, ch. 3, § 1.06(n)(4))

Setback requirements within the PUD shall be flexible; however, in no case shall the setback be less than 15 feet between structures or zero-lot-line if structures abut. Buffering requirements shall be those set out later in this land development code.

(LDC 1997, ch. 3, § 1.06(n)(5); Ord. No. 2005-26, § 1, 10-11-2005)

A minimum of 25 percent of the total project area for residential and 20 percent for mixed use, commercial or industrial shall be established and maintained as common open space, which includes common green space left in its natural condition, or common facilities in the PUD. No area shall be accepted as common open space unless it satisfies the following standards:

(1)

Common open space shall be dedicated to and useable by all residents of the planned unit development or specific phase thereof.

(2)

Common open space set aside for recreational use shall be suitably improved for its intended use. Such improvements may include aesthetic, amenities, buffering or recreational facilities.

(3)

Common green space set aside for the preservation of natural features or listed species habitats, or for buffering purposes, shall remain undisturbed and be protected by conservation easements dedicated to the city pursuant to the environmental regulations provisions of this land development code.

(4)

Common open space shall not be used for the construction of an structures other than recreational facilities and incidental maintenance buildings.

(5)

Common open space shall be maintained by the developer or homeowner's association of the planned unit development or the specific phase thereof.

(LDC 1997, ch. 3, § 1.06(n)(6))

All land within the PUD shall be under the ownership or control of the applicant at the time of execution of the development agreement, whether the applicant is an individual, partnership or corporation, or groups of individuals, partnerships or corporations.

(LDC 1997, ch. 3, § 1.06(n)(7))

It is recommended that a preapplication conference is held with the administrative official by the developer or the developer's representatives in order to verify the steps necessary for application and review, and to discuss potential issues regarding the PUD proposal.

(LDC 1997, ch. 3, § 1.06(n)(8))

(a)

Generally. Application shall be made to the city utilizing the PUD application form provided by the city. The application shall be accompanied by the appropriate review fee and six copies of the master development plan prepared in accordance with the requirements of this land development code.

(b)

Master development plan. In order to implement the goals and policies of the comprehensive plan and to streamline the development review process, the applicant may prepare a master development plan to be submitted prior to the first meeting for review by the DRC. The master development plan shall include the following:

(1)

Boundary of subject property.

(2)

Major natural features, such as lakes, streams, wetlands, and natural communities.

(3)

Existing or proposed streets abutting the project.

(4)

Generalized location map and legal descriptions, including acreage.

(5)

Proposed land use types and their location.

(6)

Gross densities.

(7)

Typical lot sizes showing setbacks and dimensions.

(8)

Number of units and type.

(9)

Floor area for commercial or industrial.

(10)

Adjacent zoning.

(11)

Anticipated internal major road network.

(12)

Maximum building heights.

(13)

Anticipated phasing plan.

(14)

A statement of the proposed method of providing water service, fire protection, sewage disposal and stormwater management.

(15)

Percentage of open space and location.

(16)

Acreage of parks/recreation and location.

(17)

Typical road section.

(18)

Soils and 100-year floodprone areas.

(19)

Project name.

(20)

Existing topography at one-foot contours based on the county or St. Johns River Water Management District datum.

(21)

Net living area for each type of dwelling unit.

(22)

Parking and loading facilities.

(23)

Preliminary environmental assessment per the environmental regulations provisions of this land development code.

(24)

Any other information deemed pertinent by the city manager or designee, planning and zoning commission or city council.

(LDC 1997, ch. 3, § 1.06(n)(9) ; Ord. No. 2006-21, § 4, 7-25-2006)

(a)

Development review committee (DRC). All PUD submittals shall be reviewed by the DRC, and members' comments shall be delivered and discussed at a regularly scheduled meeting. Formal comments of the individual members shall be transmitted in writing to the applicant no later than ten working days after the meeting. Formal staff report will be forwarded to the planning and zoning commission with staff recommendations.

(b)

Resubmittal. Resubmittal of the master development plan or memorandum of agreement and bubble plan reflecting revisions required by the DRC comments shall be made at least five working days prior to the next regularly schedule DRC meeting.

(c)

Planning and zoning commission action. The planning and zoning commission shall consider the submittal and application at a regularly scheduled meeting to determine if the submittal meets the requirements of this land development code. Upon consideration of the DRC and public comments, the commission shall take one of the following actions:

(1)

Postpone the consideration of the application until the next regularly scheduled meeting to allow for the resolution of outstanding issues.

(2)

Recommend that the application be approved.

(3)

Recommend that the application be approved with conditions.

(4)

Recommend that the application be denied.

(d)

City council approval. The city council shall consider the submitted plan and application at a regularly scheduled meeting to determine if the submittal meets the requirements of this land development code. Upon consideration of the comments of the DRC, the public, and the recommendation of the planning and zoning commission, the city council shall take one of the following actions:

(1)

Postpone the consideration of the application until the next regularly scheduled meeting to allow for the resolution of outstanding issues.

(2)

Approve the application.

(3)

Approve the application with conditions.

(4)

Deny the application.

(LDC 1997, ch. 3, § 1.06(n)(10))

All alterations to the approved master development plan for a PUD shall be classified as either substantial or nonsubstantial as determined by the city mayor. The following criteria shall be used to identify a substantial alteration:

(1)

A change which would include a land use not previously permitted under the approved PUD.

(2)

A change that would increase the land use intensity by ten percent within any development phase without a corresponding decrease in some other portion of the overall PUD.

(3)

A change that would require an amendment to the conditions approved by the city council.

Alterations to the master development plan which are determined to be substantial must be submitted with plans, support data and fee for review by the DRC, the planning and zoning commission and the city council.

(LDC 1997, ch. 3, § 1.06(n)(11))

(a)

Failure to meet resubmission deadlines. Failure to meet any of the resubmission deadlines for a PUD application cited in this division shall require the filing of a new application, including the appropriate review fees.

(b)

Extension for resubmittal deadlines. The city council may extend the deadlines cited above when warranted by unforeseeable events. A request for extension shall be filed in writing with the city explaining the circumstances justifying the extension.

(LDC 1997, ch. 3, § 1.06(n)(12) ; Ord. No. 2006-21, § 5, 7-25-2006)

Unless otherwise noted within the development agreement, final development approval for subdivisions or site plans within the PUD shall be required in accordance with the general procedures established by this land development code.

(LDC 1997, ch. 3, § 1.06(n)(13))

This AR appearance review overlay district is established to design standards and redevelopment policies which protect and enhance the positive image of the city and address blighting conditions as they are identified. The purpose of the AR appearance review overlay district is to encourage both the public and private participation in the enhancement of community appearance and provide the necessary standards and criteria for review in accordance with accepted architectural principles. Furthermore, it is the purpose of this AR district to strengthen the economy of the city by stabilizing and improving property values in AR areas, and to encourage new construction and redevelopment that will be harmonious with existing structures and architectural styles.

(LDC 1997, ch. 3, § 1.06(o))

Tents.

(1)

In no event shall a tent or tent-like structure be used as an accessory structure or erected for any purpose.

(2)

Notwithstanding subparagraph (1) above, tents or tent-like structures may, however, be used as a temporary shelter for a specific event of a duration not to exceed five days, if a tent permit for the erection of tent has been obtained from the city at least seven days prior to the event. The city may charge a fee established by resolution of the city council for the issuance of the tent permit required under this subparagraph. No person, location, or entity may be issued more than one permit hereunder per calendar quarter. Provided however, that tents or tent-like structures used by a licensed funeral director or funeral home for funerals shall be exempt from the provisions of this section, and tents or tent-like structures less than 400 square feet in size which are used exclusively for family recreation purposes and not to store property shall be exempt from the permitting requirements of this paragraph but shall not remain standing on a lot or parcel for more than three consecutive days at a time.

(3)

Tents or tent-like structures equal to or less than 400 square feet shall not be required to obtain a building permit prior to usage. Tents or tent-like structures in excess of 400 square feet, as a condition of issuance of a tent permit under subparagraph (2) above, shall obtain a building permit and pass all required inspections.

(4)

Any tent or tent-like structure erected in the city as of the effective date of this section, for which a permit has not been issued, and which has not been exempted hereunder, is declared to be in violation of this section and shall be removed no later than 90 days from the effective date of this section, after due notice.

(Ord. No. 2002-11, § 2, 5-28-2002)

The Main Avenue (MA) redevelopment district is established to implement comprehensive plan policies for managing transitional areas where residential structures can be utilized for commercial retail, personal and professional services and not adversely affect adjacent property. If central sewer is "available" as defined in F.S. § 381.0065, all lots must be converted to central sewer at the time of improvement or when converted to commercial. If, however, central sewer facilities are not available, and the health department permits, septic tanks may be utilized until such time as central sewer becomes available. The density cannot exceed four units per acre unless central sewer facilities are available at which time density is not allowed to exceed eight units per acre. The MA redevelopment district shall include all properties fronting on Main Avenue north of Hideaway Court; all properties fronting on Washington Street, Chester Street, Osceola Street, Pearl Street east of Main Avenue and west of US Highway 27 and East Washington from US Highway 27 to South Oakland Avenue.

(Ord. No. 2018-18, § 2, 11-16-2018)

Permitted uses in the MA district are as follows:

(1)

All uses allowed in the underlying zoning.

(2)

Single-family detached dwelling units.

(3)

Home occupations.

(Ord. No. 2018-18, § 2, 11-16-2018)

Uses permitted as special exception uses upon approval in the MA district are as follows:

(1)

Banks.

(2)

Health/exercise clubs.

(3)

Veterinary clinics.

(4)

Personal service.

(5)

Adult congregate living facilities.

(6)

Business services.

(7)

Offices.

(8)

Financial services.

(9)

Medical office/clinic.

(10)

Bed and breakfast inn.

(11)

Family child care home.

(12)

Day care center.

(13)

Retail sales.

(14)

Restaurants.

(15)

Live/work.

(Ord. No. 2018-18, § 2, 11-16-2018)

Uses expressly prohibited in the MA redevelopment district are as follows:

Uses expressly prohibited in the underlying zoning except for those uses listed as permitted or special exception uses in the MA redevelopment district.

(Ord. No. 2018-18, § 2, 11-16-2018)

Design standards are as follows:

(1)

Standards equal to those found in the underlying zoning with the exception and addition of the following:

a.

Parking shall be located in the rear or side of any existing or proposed building.

b.

One parking space shall be provided for each 400 square feet of building area if public (on street) parallel parking is existing in front of the building or is being developed with the proposed site plan unless the city council agrees to a financial contribution for the development of public parking in lieu providing on site or adjacent parking. Unless the right-of-way is 60 feet or greater, on street parking will only be allowed on one side of the street. Parking must be 25 feet away from any corners. Spaces must be located in such a way as to allow a 20 foot roadway and 24 foot loading zone between properties.

c.

Joint access (connected rear parking areas) with cross access easements is required between parking lots.

d.

Shared driveways with cross access easements are required to access rear parking areas when possible.

e.

Ramps for ADA access shall be developed on the sides or rear of buildings and shall not be constructed of wood.

f.

ADA accessible doors will swing in from the outside and have an automatic door opener on the inside or will slide open.

g.

Setbacks from any road—15 feet.

h.

Landscape buffers: Front shall be ten feet of low growing shrubs. Rear shall be ten feet with two understory trees and shrubbery. If adjacent to a residence, side buffers shall be five foot with no canopy trees, but high shrubbery. If adjacent to another commercial property, no buffer is required. Existing canopy trees shall remain.

i.

Maximum building size—3,000 square feet.

j.

Use of pervious materials is preferred.

k.

Buildings shall not be constructed with metal facades. Concrete lap siding may be used as a predominant exterior building material in order to achieve the Florida Cracker or Florida Vernacular Style typical of the district; however, lap siding may not be made of wood, plastic or metal.

l.

Open space—Ten percent.

m.

Provisions for utility easements shall be provided with site plan approvals.

n.

Building and accent colors shall be as follows:

1.

Predominant exterior colors. The use of black, fluorescent, primary, and/or secondary colors is prohibited as the predominant exterior building colors. The use of fluorescent, primary, and/or secondary colors is prohibited as the predominant exterior roof colors. Earth tone colors, grays, or whites are required. Earth tone is a color scheme that draws from a color palette of browns and tans. The colors in an earth tone scheme are muted in an emulation of natural colors. All paint colors shall be submitted to the city's planning department to confirm compliance with the requirements of this section prior to installation.

2.

Building trim colors. Building trim and accent areas may feature any colors with the exception of florescent, limited to ten percent of the affected facade segment, with a maximum trim height of 24 inches total for its shortest distance.

o.

Signage shall be ground signs with a maximum size limitation of one square foot of signage per linear foot of building and shall be limited to no more than four feet in height. Window and wall signs other than required addressing numbers shall be prohibited.

p.

All newly constructed or substantially renovated buildings shall be of the Florida Cracker/Florida Vernacular Style consistent with surrounding buildings.

q.

Each building will have a lamp post in front, or such other lighting as approved by the city, that will be lit from 6:00 p.m. until 9:00 p.m or closing, whichever is later.

r.

Business hours will be Monday—Saturday 9:00 a.m. until 8:00 p.m. Saturday and Sunday 12:00 p.m—5:00 p.m. Any additional hours will be considered by city council with a special exception on a case by case basis.

s.

Application fees for special exceptions, conditional uses, and variances in this district shall be $500.00 each.

t.

No mailboxes will be allowed. All mail must go to a post office box.

u.

A fee of $100.00 per linear foot of street frontage will be charged for the future installation of sidewalks and curb and gutter.

v.

Property owner must connect to city sewer when available. No wells will be allowed.

w.

On non-conforming lots, only the existing footprint may be replaced.

x.

Installation of fencing is only allowed with a special exception.

y.

Plans for any additions or new construction must include a method of dealing with stormwater that is approved by the city engineer.

(Ord. No. 2018-18, § 2, 11-16-2018; Ord. No. 2023-10, § 1, 3-8-2023; Ord. No. 2023-19, § 2, 6-20-2023)

(LDC 1997, ch. 3, Chart 3.1)

(LDC 1997, ch. 3, Chart 3-1 continued)

(LDC 1997, ch. 3, Chart 3.2)

It shall be unlawful to construct, erect or install any fence or wall in the city without first obtaining a permit. Plans showing the location of any proposed fence or wall and the type of construction shall be submitted to the mayor or designee with a fee as established by resolution of the city council and on file in the city clerk's office. If a fence is built prior to obtaining a permit, the fee shall be as established by resolution of the city council and on file in the city clerk's office. If the proposed construction complies with this article and any other applicable provisions of this land development code, a permit shall be issued.

(Code 1980 § 7-58; Ord. No. 2000-16, § 1(7-58), 5-29-2000)

Where, under the provisions of this land development code, a fence is planned or required to be constructed, such fence shall be drawn on the plans of any new construction or alteration and shall actually be constructed before the mayor or designee may make a final inspection or issue a certificate of occupancy for the premises.

(Code 1980 § 7-59; Ord. No. 2000-16, § 1(7-59), 5-29-2000)

All fences and walls constructed shall comply with any applicable provisions of the building code and the following:

(1)

Wood fences shall be constructed of rot-resistive and termite-resistive species of wood or wood that has been chemically pressure-treated to resist rot and termite attack.

(2)

Steel posts and wire fabric fences shall have a fabric of a minimum of 11½ gauge galvanized or other noncorrodible metal. Wire fabric fences under six feet high shall be installed with the salvage or pointed ends down.

(3)

Ventilated or solid concrete or masonry walls or fences shall be permitted.

(4)

Ornamental iron walls or fences shall be permitted.

(5)

Where solid walls or fences are required, chainlink fences with plastic or wood or aluminum shielding inserts will not be permitted to meet solid wall requirements.

(6)

Fences and walls constructed within the city shall have at least one finished side and that side shall be to the outside or facing the adjacent property.

(7)

When conflicts arise, the mayor or designee shall determine the suitability of fence construction material.

(Code 1980 § 7-60; Ord. No. 2000-16, § 1(7-60), 5-29-2000)

The following provisions shall apply to fences and walls in the residential districts RSF-1, RSF-2, RSF-3, RMF-1, RMF-2, and OR of the city:

(1)

Walls, fences, hedges, generally. All walls, fences or hedges hereafter located, grown, erected, constructed, reconstructed or altered outside the building lines of property situated in the city shall not be over four feet in height from the front line of the main building to the front platted lot line, and not more than six feet in height from the front line of the main building to the rear easement or property line. Provided however that no wall, fence or hedge shall be located, grown or placed within six feet of the front boundary line of the parcel upon which the fence, wall, or hedge is placed. The property owner is responsible for ensuring that any fence, wall, or hedge is placed on the owner's property. The city is not responsible for locating property lines. Where any fence, wall, or hedge is to be installed near a sidewalk, the fence, wall, or hedge shall be placed at least 12 inches from the edge of the sidewalk. Any area within a three foot radius from a fire hydrant or fire hose connection must be kept free of any fencing, walls, or hedges which could impede access to or use of the hydrant or hose connection. Fences, walls and hedges placed on lots with curvilinear property lines shall be constructed so as to follow the property lines as closely as possible. Any fence or wall enclosing a swimming pool shall not be more than six feet in height.

(2)

Walls, fences, hedges—On corner lots.

a.

All corner lots shall have two front lines which shall be adjacent to and coterminous with the edge of the right-of-way of the streets adjoining the corner lot and two front building lines parallel to the two front lot lines.

b.

Where a wall, fence, or hedge is erected or grown on a corner lot, it shall not exceed four feet in height where it is parallel to, and adjoining, any public street or highway.

c.

Where a wall, fence, or hedge is erected or grown on a corner lot, it shall not exceed six feet in height where it is located along any side of a corner lot that does not abut the lot's primary frontage street and where it is not parallel to any public street or highway. For purposes of this provision, a lot's primary frontage street is the street that is used as the basis for assigning the property a street address.

d.

In no event shall any wall, fence, or hedge be grown or erected within 25 feet of the corner of an intersecting street which would obstruct the view around such corner.

(3)

Wire fences. Barbed wire and/or razor wire for fence purposes is excluded from all zoning districts other than business and/or industrial districts as set forth in this article.

(4)

Appearance of fences.

a.

All bracing for a fence, including cross bars and nailer strips, shall be on the installer's side of the fence.

b.

Fences shall not be constructed of cloth, plastic sheeting, roofing panels or other similar material. Any question concerning a noncustomary fencing material shall be resolved by the city manager.

c.

PVC (Polyvinyl chloride) or vinyl fencing is allowed.

d.

All fencing materials shall be of the same composition and be complementary to the posts on the same property line.

e.

All fences shall be kept in good repair and shall not be allowed to deteriorate to an unsound or unsightly condition. Repairs shall be made with materials that match the style of the fence line where repairs are required.

(5)

Trash, garbage dumpsters. All trash and garbage dumpsters shall be screened by solid walls or fences at least six feet in height with access from the public ways only through solid gates which shall remain closed and latched when not in use.

(6)

Retaining walls. Retaining walls are defined as walls built to retain or support the lateral pressure of earth or water or other superimposed loads. Such walls shall be designed and constructed of masonry, steel, sheet piling or other approved materials.

a.

Retaining walls shall be designed and constructed in accordance with all applicable Florida Building Codes. No retaining wall may be constructed without first obtaining a zoning and building permit. The city building official may, within his or her reasonable discretion, require drawings signed and sealed by an engineer authorized to practice in Florida showing the location of the wall on the parcel(s) and construction specifications for the wall. In determining whether to require such drawings and construction specifications, the city building official shall consider the following:

i.

Existing soil condition;

ii.

Proximity to structures;

iii.

Proposed distance between steps in the wall;

iv.

Grading of parcel;

v.

Drainage issues;

vi.

Any other factor deemed pertinent by the city's building official.

b.

All masonry or concrete retaining walls shall have a painted stucco finish.

c.

Exemptions. Landscape features with an overall maximum height of 24 inches shall be exempt from the permit requirements set forth in subsection (6)a. herein. For the purposes of this subsection (6)c. herein, a landscape feature that contains a tiered system shall not be exempt from the permit requirements set forth in subsection (6)a. herein.

(7)

Removal. The city shall, after proper notice is given to property owner, remove any fences, walls, and/or landscaping placed within drainage easements at the property owner's expense if, in the course of performing maintenance and/or repair duties, city deems it is necessary to do so.

(Code 1980 § 7-61; Ord. No. 2000-16, § 1(7-61), 5-29-2000; Ord. No. 2002-10, § 2, 5-28-2002; Ord. No. 2002-24, § 2, 7-23-2002; Ord. No. 2006-02, § 1, 2-28-2006; Ord. No. 2014-12, § 1, 8-5-2014; Ord. No. 2018-03, § 1, 3-6-2018)

The following provisions shall apply to fences and walls in the commercial business district B-1 in the city:

(1)

Fences in the business district may be up to six feet in height and may then be topped with barbed wire of not more than three strands, provided that the lowest strand of barbed wire may not be lower than six feet from the ground. Fences used for the purpose of buffering business districts from residential districts may be up to six feet in height but shall not be topped with barbed wire.

(2)

No portion of any fence may be constructed within 25 feet of the corner of an intersecting street that would obstruct the view around such corner.

(3)

All fences shall be constructed of noncorrodible, noncombustible material.

(4)

Business uses either contiguous to or across an alley from any residential district shall provide buffers as required in the city land development regulations.

(5)

All dumpsters and trash collection areas installed in business districts after the effective date of the ordinance from which this article is derived shall be buffered or screened from any residentially zoned areas or public rights-of-way.

(6)

Whenever the strict application of the requirements of subsection (4) or (5) of this section would result in unusual difficulties or substantial hardship or injustice to a use existing as of the effective date of the ordinance from which this section was derived, the city mayor or designee, may issue an administrative variance from this article after inspecting and considering the following conditions:

a.

Lot size;

b.

Building location;

c.

Off-street parking;

d.

Garbage truck access;

e.

Character of adjoining property;

f.

Traffic safety and clearance;

g.

Public health and safety.

The mayor or his designee, in granting an administrative variance under this subsection, may require the dumpster or trash collection area to be moved, screened, fenced or otherwise modified as may be necessary and practical. An administrative variance shall not be available for any dumpster or trash collection area installed after the effective date of the ordinance from which this article is derived.

(Code 1980 § 7-62; Ord. No. 2000-16, § 1(7-62), 5-29-2000)

The following provisions shall apply to fences and walls in the industrial district I in the city:

(1)

No fence shall be over eight feet in height; however, barbed wire of not more than three strands, where the lowest strand of barbed wire is not lower than six feet above the ground, may be placed on top.

(2)

No portion of any fence may be constructed within 25 feet of the corner of an intersecting street that would obstruct the view around such corner.

(3)

All fences shall be constructed of noncorrodible, noncombustible material.

(4)

Industrial uses shall comply with buffering requirements in the city land development regulations.

(5)

All dumpsters and trash collection areas installed in industrial districts after the effective date of the ordinance from which this article is derived shall be screened from any residentially zoned areas, business districts, or public rights-of-way.

(6)

Whenever the strict application of the requirements of subsection (4) or (5) of this section would result in unusual difficulties or substantial hardship or injustice to a use existing as of the effective date of the ordinance from which this section was derived, the city mayor or designee may issue an administrative variance from these requirements, after inspecting and considering the following conditions:

a.

Lot size;

b.

Building location;

c.

Off-street parking;

d.

Garbage truck access;

e.

Character of adjoining property;

f.

Traffic safety and clearance;

g.

Public health and safety.

The city mayor or designee, in granting an administrative variance under this subsection, may require the dumpster or trash collection area to be moved, screened, fenced or otherwise modified as may be necessary and practical. An administrative variance shall not be available for any dumpster or trash collection area installed after the effective date of the ordinance from which this article is derived.

(Code 1980 § 7-63; Ord. No. 2000-16, § 1(7-63), 5-29-2000)

Fences, shrubs and trees will not be permitted in utility easements except in accord with the following provisions:

(1)

When any utility meter is located within a fenced area, an unlocked, three-foot-wide access gate must be provided.

(2)

No walls, fences, or other structures, trees or shrubs shall be permitted in easements for drainage purposes if they impede the flow of the drainage system.

(3)

Applications for fence installation in easement areas must be accomplished by a drawing of the property showing the proposed location of the fence in relationship to the easement as well as existing fences on adjacent properties and the size of the fence and location of gates. The owner or contractor shall locate, or have located, all utilities prior to installation of fence. No permit shall be issued without approval of the mayor or designee where fences are to be constructed in easements.

(4)

Damage to city-owned utilities, such as water and sewer, during any fence installation shall be repaired by the city at the expense of the property owner, including any sodding that may be necessary.

(5)

The city may enter the easement area without prior notice to make such inspection, repairs and maintenance as is deemed necessary.

(6)

The city shall not be responsible for any damage to planting, shrubbery fences, etc., in easement areas, which may be damaged or removed in the course of work by the city or its employees.

(7)

In the event of replacement of plantings and fences, or repair to same, the cost shall be at the expense of the property owner.

(8)

No trees or shrubs of any kind may be planted within any public easement areas, except with the approval of the mayor or designee.

(9)

Should a maintenance emergency arise, if possible, the property owner will be advised that sections of the fence within an easement or right-of-way, or plantings and shrubbery, are to be removed.

(10)

Such removal shall be done by the owner at his own expense immediately upon notification.

(11)

If this work is not performed within a reasonable time to permit prompt handling of the emergency, the city shall remove such portions of the fence as may be required.

(12)

If permanent removal of a section of fence within an easement or right-of-way is requested by the city for good cause, such fence must be removed by the property owner within 30 days after notification or the city may remove the fence portions at the expense of the property owner.

(Code 1980 § 7-64; Ord. No. 2000-16, § 1(7-64), 5-29-2000; Ord. No. 2000-34, § 1(7-64), 11-20-2000)

Cross reference— Utilities, ch. 70.

All swimming pools must be enclosed by fences or walls constructed in such a manner as not to be easily climbed, and must be equipped with self-closing, latched gates of not less than four feet in height. Other suitable enclosures of greater height may be used when erected within the setback lines and approved by the mayor or designee.

(Code 1980 § 7-65; Ord. No. 2000-16, § 1(7-65), 5-29-2000)

For the purposes of this section, the following terms shall have the meanings ascribed to them:

Hosted rental shall mean the rental of a portion of a residential dwelling unit for transient occupancy, where the property owner or long-term tenant resides on the premises throughout the rental period. Hosted rentals may include the rental of individual bedrooms or accessory structures (such as ADUs or guesthouses) but do not constitute vacation rentals under F.S. § 509.013(4)(a), unless otherwise classified by state law.

Hosted rental operator shall mean the owner or long-term tenant responsible for offering and managing a hosted rental.

Sleeping room shall mean any enclosed habitable room within a dwelling unit that is designed and intended primarily for sleeping purposes. A room is classified as a sleeping room under applicable building or fire code regulations and meets all of the following criteria:

(1)

Has a minimum of 70 square feet of conditioned floor area for a single occupant, or 50 square feet per person for multiple occupants;

(2)

Is located along an exterior wall;

(3)

Contains a window or other emergency escape and rescue opening in accordance with the Florida Building Code;

(4)

Is separated from other rooms by a door that provides privacy;

(5)

Is not primarily designed or used for purposes such as cooking, eating, or general living (i.e., kitchens, dining rooms, living rooms, and family rooms do not qualify as sleeping rooms unless clearly converted for sleeping and meeting all other criteria); and

(6)

Includes either a built-in or clearly designated space for storage of personal belongings (such as a closet or armoire).

Vacation rental shall mean any unit or group of units in a condominium, cooperative, or timeshare plan, or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment, as defined in F.S. § 509.013(4)(a).

Vacation rental operator shall mean the person who is the owner or the party responsible for the operation and maintenance of the vacation rental property.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

Registration required. All vacation rental properties located within the City of Minneola shall be registered with the city. Advertising a dwelling unit for a term of less than 30 consecutive days or offered for more than three separate rental periods within any 12-month period shall constitute prima facie evidence of operating a vacation rental in violation of this section.

(b)

Application requirements. Vacation rental operators shall submit a registration application to the city on a form provided by the city, which shall include the following information:

(1)

The name, address, and contact information of the vacation rental operator.

(2)

The address of the vacation rental property.

(3)

Maximum intended occupancy.

(4)

Proof of compliance with applicable state and local building and safety codes.

(5)

Copy of current license from the Florida Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants.

(6)

Payment of applicable fees.

(7)

A copy of local business tax receipt.

(8)

A copy of the vacation rental's current and active certificate of registration with the state department of revenue for the purposes of collecting and remitting sales surtaxes, transient rental taxes, and any other taxes required by law to be remitted to the state department of revenue, if applicable.

(9)

Evidence of the vacation rental's current and active account with the Lake County Tax Collector for the purposes of collecting and remitting tourist development taxes and any other taxes required by law.

(10)

Any additional documentation reasonably required by the city.

(c)

Fees. Registration fees shall be set by resolution of the city council and must not exceed the cost of administering the program.

(d)

Renewal. Registrations must be renewed annually, including updated information and payment of the renewal fee.

(e)

Display of registration. A copy of the registration must be posted conspicuously within the vacation rental property.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

Authorization. The city may conduct periodic inspections of registered vacation rental properties to ensure compliance with all applicable laws and codes.

(b)

Frequency and Scope. Inspections may occur once annually, unless triggered by a complaint or reasonable suspicion of a violation. Inspections shall verify:

(1)

Registration accuracy.

(2)

Compliance with building and fire codes.

(3)

Occupancy limits.

(4)

Presence of safety equipment (e.g., smoke detectors, fire extinguishers).

(c)

Notice. Written notice must be provided at least seven days before any inspection, except in cases of emergency or when responding to a complaint.

(d)

Right of entry. City officials may enter registered vacation rentals at reasonable times for inspection, in accordance with F.S. § 509.032(7)(b). Operators must not unreasonably deny access.

(e)

Denial of access. Unjustified denial of access may result in the suspension or revocation of registration, subject to the appeal process outlined in section 102-555 of this Code.

(f)

Inspection fees. The city may charge reasonable fees, not to exceed the actual cost, as established by resolution.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

General compliance. All vacation rentals must comply with the following minimum standards:

(b)

Parking. All vehicles must be parked on the subject property. Public sidewalks or pedestrian walkways must remain unobstructed.

(c)

Occupancy limits.

(1)

Maximum overnight occupancy is two persons per sleeping room, verified during the city's safety inspection. Up to four children under age 13 are exempt from the occupancy count.

(2)

Maximum number of people present at any time shall not exceed 1.5 times the permitted overnight occupancy or 20 people, whichever is less.

(d)

Posting of information. The following must be posted near the main entrance:

(1)

City-issued Certificate of Compliance;

(2)

Vacation rental operator's contact information;

(3)

Maximum overnight occupancy and maximum total occupancy;

(4)

Trash pickup schedule;

(5)

The location of the nearest hospital and local non-emergency policy phone number;

(6)

Statement advising the occupant that any sound that crosses a property line at an unreasonably loud volume is prohibited under the city's noise ordinance;

(7)

Parking requirements, including a statement that all vehicles must be parked on the property and must not obstruct public rights-of-way or sidewalks.

(e)

Safety requirements.

(1)

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the then current standards of the Residential Swimming Pool Safety Act, F.S. Ch. 515.

(2)

Smoke and carbon monoxide (CQ) detection and notification system. A smoke and carbon monoxide (CQ) detection and notification system within the vacation rental unit shall be interconnected and hard-wired and shall receive primary power from the building wiring.

(3)

Fire extinguisher. A portable, multipurpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected, and maintained in accordance with the then current NFPA-10 on each floor/level of the unit. The extinguisher shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

(f)

Advertising. Advertisements must:

(1)

Match the registration information.

(2)

Include maximum occupancy.

(3)

Include state DBPR license number and city permit number.

(4)

Not promote the property for commercial or nonresidential events, such as weddings, parties, or corporate gatherings.

(g)

Prohibited commercial use. Use of the property primarily for commercial or nonresidential purposes (e.g. parties, social halls) is prohibited.

(h)

Insurance requirement. All vacation rental operators shall maintain commercial general liability insurance coverage with a minimum limit of $500,000.00 per occurrence, covering bodily injury and property damage arising from or related to the rental activity. Proof of current insurance coverage must be submitted with the initial registration application and with each renewal. The policy must:

(1)

Be issued by an insurer authorized to do business in Florida;

(2)

Remain in effect for the duration of the rental registration period; and

(3)

Include coverage for all advertised sleeping rooms and accessory structures used for guest accommodations.

Failure to maintain active insurance as required may result in suspension or revocation of the vacation rental registration under section 102-555.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

Enforcement mechanisms. The city may enforce the provisions of this section through and any other lawful means, including but not limited to:

(1)

Code enforcement citations and fines;

(2)

Administrative actions including suspension, revocation, or non-renewal of registrations or permits;

(3)

Civil actions in a court of competent jurisdiction;

(4)

Injunctive relief;

(5)

Imposition of liens and recovery of enforcement costs as provided by law.

(b)

Penalties. Violations shall be assessed on a rolling 12-month basis. For purposes of this section, the number of prior violations within the 12-month period immediately preceding each new violation shall determine the applicable penalty.

(1)

First violation: Written warning with 10-day cure period.

(2)

Second violation: $250.00 fine.

(3)

Third violation: $500.00 fine.

(4)

Fourth violation: $1,000.00 fine and 30-day suspension.

(5)

Fifth violation $1,500.00 fine and revocation of registration.

(c)

Appeals.

(1)

Appeals must be filed within ten days of receiving the decision.

(2)

The city manager shall respond in writing within 30 days of the date the appeal is received.

(3)

Decisions may be appealed to the city council, whose decision shall be final.

(d)

Grounds for revocation.

(1)

Repeated or willful violations.

(2)

Failure to maintain required licenses.

(3)

Providing false or misleading information on the registration application.

(4)

Operating in a manner that constitutes a threat to public health, safety, or welfare.

(e)

Public nuisance violations. The operation of a vacation rental in a manner that creates a public nuisance is prohibited. For purposes of this section, a public nuisance may include, but is not limited to:

(1)

Excessive or unreasonably loud noise in violation of the city's noise ordinance;

(2)

Disorderly conduct, as defined in F.S. § 877.03;

(3)

Obstructive or illegal parking by tenants or guests;

(4)

Accumulation of trash or failure to comply with solid waste regulations;

(5)

Exceeding maximum occupancy limits;

(6)

Any condition or conduct that substantially interferes with the right of neighboring residents to peaceful enjoyment of their property.

(f)

Preemption by state law. This section shall not conflict with Florida's Residential Landlord and Tenant Act (F.S. § 83.40 et seq.) in case of conflict, state law shall prevail.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

Registration required. All hosted rentals shall be registered with the city, using a separate form from that required for vacation rentals. Hosted rental operators must submit:

(1)

The name, address, and contact information of the hosted rental operator.

(2)

The address and description of the hosted rental premises.

(3)

Maximum number of guest rooms offered.

(4)

A signed affidavit that the hosted rental operator resides on-site during rental periods.

(5)

Proof of compliance with applicable building and safety codes.

(6)

Proof of a current and valid local business tax receipt.

(7)

Payment of applicable registration fees.

(b)

Fees and renewal. Registration and renewal fees shall be set by city council resolution and shall not exceed the cost of administering the program. Renewals are required annually.

(c)

Solid waste. Hosted rentals must comply with the same solid waste and container requirements as single-family residential properties in the city.

(d)

Occupancy limits.

(1)

Maximum occupancy is two persons per rented sleeping room.

(2)

Accessory dwelling units (ADUs) or guesthouses used as hosted rentals must have independent means of egress and comply with applicable residential occupancy codes.

(e)

Safety requirements. Each hosted rental must include:

(1)

A working smoke and carbon monoxide detector in each guest room.

(2)

A portable fire extinguisher per floor, installed and maintained in accordance with NFPA 10 standards.

(3)

Clearly posted emergency contact information and evacuation instructions.

(f)

Advertising, hosted rental advertisements must:

(1)

Accurately describe the type and number of rooms offered.

(2)

Include the maximum occupancy.

(3)

Include the city registration number.

(4)

Not promote commercial or nonresidential uses.

(g)

Prohibited uses. Hosted rentals shall not be used for commercial gatherings or events.

(Ord. No. 2025-09, § 2, 6-3-2025)

(a)

Inspections. Hosted rentals may be subject to inspection once every two years, or upon complaint, to ensure compliance with this section.

(b)

Notice and entry. City staff shall provide a minimum of seven days written notice prior to any non-emergency inspection.

(c)

Penalties. Violations of this section shall be subject to the enforcement and penalty provisions set forth in section 102-555. Each violation shall count toward the cumulative total of violations assessed on a rolling 12-month basis, as described in section 102-555(b).

(Ord. No. 2025-09, § 2, 6-3-2025)