The purpose of this article is to provide definitions of and/or special regulations for certain uses and accessory uses allowed under article II.

These regulations are supplemental to the general regulations applicable to uses and structures in this Code. Where there is conflict or inconsistency, the more stringent requirement shall apply unless alternative restrictions are approved within a PUD ordinance.

(a)

Assisted living facilities.

(1)

Assisted living facilities (ALF) shall be defined as any building(s), or parts thereof, including a private home, boarding home, home for the aged, or other residential facility, whether or not operated for a profit, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator.

(2)

Any assisted living facility must obtain and maintain any required state licensing at all times.

(3)

Any ALF which is licensed as a community residential home and has six or less residents is allowed in any agriculture or residential zoning district provided they are not nearer than 1,000 feet to another ALF or community residential home having six or fewer residents or within 1,200 feet of another community residential home regardless of the number of residents. Distances shall be measured from the nearest points of the two parcels.

(4)

Any assisted living facility having more than six residents shall require a special use permit in any district where group residential homes are allowed.

(5)

The limitations on the number of residents imposed under the licensing requirements of the agency for health care administration or other applicable licensing agency, shall be observed unless the zoning board of adjustment otherwise conditions the special use permit to further limit the number of residents at the facility. The zoning board of adjustment may place any other reasonable conditions deemed necessary for approval of the special use permit.

(b)

Adult family care home.

(1)

Adult family care home shall be defined as a full-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives.

(2)

Adult family care homes must obtain and maintain any required state licensing at all times.

(3)

Adult family care homes having up to five residents shall be allowed in any agriculture or residential zoning district provided they are not located nearer than 1,000 feet from another adult family care home or community residential home having six or less residents or 1,200 feet from another community residential home regardless of the number of residents. An adult family care home that is licensed as a community residential home pursuant to F.S. ch. 419 may have up to six residents if state licensing requirements allow.

(c)

Adult day care center.

(1)

Adult day care center shall be defined as any building(s), or part thereof, whether or not operated for a profit, in which the owner or management offers basic services to three or more persons who are 18 years of age or older, require such services, are not related to the owner or operator by blood or marriage and offer such services for part of a day.

(2)

Any adult day care center shall obtain and maintain any required licensure at all times.

(3)

Any adult day care center which is operated in conjunction with a licensed assisted living facility, licensed nursing home facility or licensed hospital is exempt from this section.

(4)

Adult day care centers shall be allowed by special use permit in the AG, R-2, R-3, R-4, C-1, C-2, C-3, and C-4 districts.

(a)

Generally. Putnam County's Adult Entertainment Ordinance (chapter 10, article II, Putnam County Code) provides for the regulation of the adult entertainment, sometimes referred to as sexual oriented businesses. The adult entertainment ordinance provides for intent, definitions, operational requirements, licensing requirements, criminal proceedings, etc. This section merely restates the zoning districts where this type of use is allowed, which are as follows: C-3, C-4 and IL zoning districts. An adult entertainment establishment shall not be allowed to open, operate or be enlarged (except when an enlargement may be required by law) anywhere except in a C-3, C-4 or IL zoning district and in compliance with the adult entertainment ordinance.

(b)

Nonconforming establishments. Any adult entertainment establishments existing and operating as of the effective date of the adult entertainment ordinance, which do not conform to the requirements set forth herein, shall be deemed to be nonconforming. If any such nonconforming adult entertainment establishment voluntarily ceases to do business for a period of 15 consecutive days, then it shall be deemed abandoned and thereafter shall not reopen except in conformance with all requirements of the appropriate codes of Putnam County. Further, no such nonconforming adult entertainment establishment may be extended to occupy any greater area of land or extended to occupy any land outside any buildings on the same parcel.

(a)

Generally.

(1)

A private aircraft landing facility is an airport used for the landing of aircraft such as airplanes, seaplanes, ultralights, or helicopters by the owner or occupant of the property that contains the landing facility, but which may be available for use by others upon specific invitation of the licensee. Unless expressly preempted by state or federal law, the use of the water bodies for aircraft landing facilities within Putnam County shall be subject to the provisions of this subsection.

(2)

If the landing facility is to be associated with a residential development, the supplemental standards in this article for fly-in development shall apply.

(b)

Relationship to permitting by state and federal agencies. A special use permit for a private aircraft landing facility may be granted contingent up on the applicant obtaining all necessary state and federal permits for the facility. If, however, such permits are not obtained within one year from the approval of the special use permit, the permit will automatically expire and become null and void.

(c)

Minimum standards. The following minimum standards shall be met for any private aircraft landing facility:

(1)

Aircraft landing facilities and associated aircraft operations shall meet all relevant federal and state regulations.

(2)

The area proposed for an aircraft landing facility use must be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Administration and the Florida Department of Transportation for the class of airport proposed, in accordance with the published rules and regulations of each agency. However, in all cases, the property must be at least 20 acres in size.

(3)

Primary surface of runway, hangars and repair buildings shall be set back at least 150 feet from property boundaries. All other structures shall be set back at least 50 feet from property boundaries.

(4)

Any proposed runway or landing strip must be situated to avoid any structures, power lines, towers, chimneys and natural obstructions within the approach zones and comply with Federal Aviation Administration and the Florida Department of Transportation regulations. The zoning board of adjustment may limit the size and type of runway or landing strip in order to limit the size and type of aircraft that may use the facility.

(5)

All major repairs of aircraft and machinery must be conducted within a completely enclosed structure.

(6)

Flight operations shall be restricted to V.F.R. (visual flight rules) weather conditions, unless it is an IFR certified facility.

(7)

All activities associated with this use shall comply with the limitations on noise in the Putnam County noise ordinance, if any.

(8)

The applicant shall provide a spill prevention and containment plan for fuels and lubricants stored on the property.

(d)

Factors to be considered. In considering an application for a special use permit for a private aircraft landing facility, the reviewing board shall consider the following:

(1)

The proximity of the airport to tall buildings other navigation hazards and existing uses which would present a public safety hazard in case of an aircraft crash.

(2)

The proximity of the airport to residential areas, nursing homes, adult congregate living facilities, schools, and places of public assembly.

(3)

The proximity of the airport to other airports and to the flight patterns of aircraft using such airports.

(4)

The nuisance effect, if any, of the airport and its associated operations on surrounding uses.

(5)

The environmental impact of the airport, if any, including, but not limited to, noise pollution.

(6)

The proximity of the airport to storage facilities for combustible or explosive materials or to other hazards.

(7)

The proximity of the airport to the Rodman and Lake George Military Restriction Overlay Zones (MROZ) and the flight patterns of military aircraft in the vicinity.

(a)

Location and distance requirements. Any vendor, establishment or facilities whose principal activity is the sale of alcoholic beverages for consumption on-premises shall be permitted in the C-1, C-2, C-3 and C-4 zoning districts by special use permit (SUP), as part of an approved PUD, or in conjunction with a temporary special event approved by the board of county commissioners. Unless otherwise exempt under this section, no vendor, establishment or facilities whose principal activity is the sale of alcoholic beverages for consumption on the premises shall be allowed to operate within 2,500 feet of a preexisting adult entertainment establishment or within 1,320 feet of a religious facility or a public or private school, preschool or child daycare facility. For purposes of this section, principal activity shall be defined as that business activity that generates 51 percent or more of gross sales.

(b)

Measurement of distance.

(1)

Distance from a religious facility shall be measured by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of the primary place of assembly to the main entrance of such vendor's proposed place of business.

(2)

Distance from the education use shall be measured along the shortest route of ordinary pedestrian travel along the public thoroughfare from the nearest point of the school grounds in use as part of the school facilities to the main entrance of such vendor's proposed place of business.

(3)

Where an established adult entertainment establishment, religious facility or education land use is located within an incorporated municipality and the proposed location of the vendor is in the county outside the municipality, such vendor may be permitted to operate provided that the proposed location be at least the distance required by the regulations of the incorporated municipality in which it is located. If the municipality does not provide for separation of uses as provided in this section, the distance requirements of paragraph (a), above, shall apply.

(c)

Exceptions, variances and reciprocating distance requirements.

(1)

The provisions of this section shall not apply to:

a.

Duly established private, non-profit, social or fraternal clubs or lodges not open to the general public;

b.

Restaurants and establishments whose principal activity is the preparation and sale of food and other non-alcoholic merchandise;

c.

Any establishment selling alcohol in sealed containers for off-premises consumption;

d.

Temporary special events otherwise approved by the board of county commissioners.

(2)

The provisions in article IX, division 3 of this Code relating to nonconforming uses shall apply to existing places of business that do not meet the distance requirements set forth in this section.

(3)

Any newly proposed adult entertainment establishment, religious facility public or private school, preschool or child day care facility shall also meet the distance requirements of subsection 45-163(a) above from any existing facility selling alcohol for on-premises consumption.

(4)

Any proposed variance from the distance requirements of this section may be granted by the zoning board of adjustment pursuant to article IX, division 4 of this Code.

(a)

Definition. "Artificial pond" means a manmade excavated or impounded body of water. If the excavated material is to be removed from the site, the site must be permitted as a borrow area or as a mine and shall not be considered an artificial pond for purposes of this section.

(b)

Exemptions.

(1)

Ponds established for bona fide agricultural purposes in AG, AE or M zoning districts and which meet the natural resource and conservation service design standards and approved by the Putnam Soil and Water Conservation District, are exempt from this subsection.

(2)

Ponds created to comply with stormwater management requirements shall be subject to the permitting requirements of article XII of this Code and design requirements of article VII, division 8 of this Code, and thus exempt from this subsection.

(c)

Supplemental regulations.

(1)

Property on which an artificial pond is to be dug must have sufficient area to meet all setback and fencing requirements of this section.

(2)

A development permit must be obtained from the public works director or his designee.

(3)

The property must be fenced.

(4)

Setbacks. The pond must be set back a minimum of 25 feet from all property lines. A permit cannot be issued if the pond is over ten feet in depth and within 100 feet of an adjoining property owner's well, or, if the pond is over 25 feet in depth, and within 200 feet of an existing property owner's well.

(5)

The slope of the sides. The area beginning at the mean high water line to a point six feet below the low water line shall be designed with a slope not to exceed six feet horizontal and one-foot vertical.

(6)

The pond shall be subject a minimum of one final inspection to ensure compliance with the approved design. Construction of the pond must be completed within 180 days of the issuance of the permit; however the applicant may request for a maximum of two 180-day extensions, which may be granted by the administrative deviation committee if the applicant is showing reasonable diligence in completing the pond.

(d)

Application. A permit application for an artificial pond shall, at a minimum, include the following information:

(1)

Proof of permit or a letter of no action from the St. Johns River Water Management District and the Florida Department of Environmental Protection.

(2)

A site plan drawn to scale showing the dimensions of the pond and the setbacks from all property lines and any existing structures on the site.

(3)

A cross-section of the pond showing depth and slopes of the pond and the depth of the water table.

(a)

Definition. "Bed and breakfast" means a house, or portion thereof, where no more than five short-term guest lodging rooms are provided, and where the operator of the inn lives on the premises or in adjacent premises.

(b)

Supplementary regulations. The following standards shall apply to all bed and breakfast establishments:

(1)

Separate toilet and bathing facilities for the exclusive use of guests must be provided.

(2)

Rentals shall be on a daily basis. The maximum stay for an individual guest shall be 30 days in a 12-month period.

(3)

Cooking facilities shall be approved by the health department. Cooking and serving of food and drink shall be for overnight guests and employees or owners of the establishment. No cooking facilities shall be allowed in guest bedrooms.

(4)

Neither hired receptions nor parties shall be permitted in bed and breakfast establishments located in residential zoning districts unless a special use permit is approved by the zoning board of adjustment for such use.

(5)

Bed and breakfast establishments must comply with appropriate health permits, building and fire codes, and business licenses, including, but not limited to, any state license(s) applicable to such use.

(6)

In addition to the parking required for the residence, a minimum of one parking space shall be provided for each guest room.

(7)

Signage shall be limited to a one ground sign with a maximum sign face area of eight square feet on each side.

(a)

Definition. A "boarding house" or "single room occupancy (SRO) residence" means an establishment where lodging is provided for compensation for ten or fewer unrelated persons. Individual rooms are rented on either a short- or long-term basis.

(b)

Supplemental standards.

(1)

Meals may be prepared on a regular basis and served family style without the option of ordering individual portions from a menu.

(2)

Separate toilet and bathing facilities for the exclusive use of guests must be provided.

(3)

Cooking facilities shall be approved by the health department. Cooking and serving of food and drink shall be for residents only. No cooking facilities shall be allowed in guest bedrooms.

(4)

Neither hired receptions nor parties shall be permitted when such use is located in residential zoning districts.

(5)

Such use must comply with appropriate health permits, building and fire codes, and business licenses, including, but not limited to, a state license(s) applicable to such use.

(6)

In addition to the parking required for the residence, one parking space shall be provided for each guest room. The applicant may request a variance from the parking requirement for those properties listed on the local register of historic places based on site constraints, including, but not limited to, small yards, inadequate space for parking, and the availability of on-street parking.

(7)

Signage shall be limited to one ground sign with a maximum sign face area of eight square feet.

(a)

Definition. A borrow area is an excavation operation contained within a parcel(s) of land where the spoils from the excavation are removed and placed on another parcel of land, or are sold. A borrow area shall include the leveling, scraping, or reducing of a hill or rise of land, as well as the digging of a pit, hole, depression or valley. A single borrow area may be located on more than one parcel and may result in more than one area of excavation. It shall not include the spoils from a lawfully permitted swimming pool, pond, or building site. As long as spoil piles remain on the same parcel, digging a pond for personal use with a lawfully obtained permit does not constitute a borrow area.

(b)

Supplemental standards.

(1)

A borrow area shall not be located on a parcel of land that is less than five acres in size.

(2)

Prior to commencement of any form of borrow area development activity or upon expiration of an existing permit an application shall be required for permits pursuant to this section and shall be subject to the requirements of this section and the applicable zoning district as provided for in article II of this Code. Borrow areas operating unlawfully without a permit shall be required to come into immediate compliance with this section or face appropriate code enforcement action.

(3)

Borrow areas in excess of 30 acres shall be treated as mines under section 45-191 of this article. Adjacent parcels that have unity of ownership or that have borrow areas operated by the same person or entity shall be considered a single parcel for purposes of this section.

(4)

The hours of operation shall be restricted to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday; except that upon appropriate findings, the zoning board of adjustment may adjust the hours of operation.

(5)

Borrow areas and related operations in areas identified as environmentally sensitive lands under the Putnam County Comprehensive Plan comply with the environmental protection standards for mines outlined in section 45-191(c)(10) of this article.

(6)

No borrow area application shall be accepted or approved without a reclamation plan, which shall include a requirement/commitment to complete reclamation within 12 months of the expiration of a permit or the closure of the borrow area operations, whichever comes first.

(7)

The excavation of the borrow area shall be conducted in phases so as to expose the least amount of land surface practical at any time during the borrow area operations. The determination of the amount of acreage for each phase shall be based on a variety of factors, including, but not limited to:

a.

The type of soil being excavated,

b.

The location and size of the borrow area,

c.

The duration of the operation,

d.

The location and length of the deposits being excavated,

e.

The susceptibility of the site to erosion and fugitive dust emissions, and

f.

The presence or absence of buffers and setbacks that will impact the aesthetics and the environment.

(8)

The permittee/property owner shall provide a form of security to provide assurance that reclamation of the site shall be completed in conformance with the approved reclamation plan. Such assurances may be in the form of one of the following:

a.

Cash or equivalent.

b.

Irrevocable letter of credit.

c.

Surety bond.

Such financial guarantees shall be in an amount not less than 110 percent of the cost of reclamation, as shall be determined by the director of public works upon review of the approved reclamation plan. Parameters concerning implementation of the surety shall be as follows:

1.

The cost estimates for reclamation guarantee will be limited to the active phase of the excavation and any operational areas of the site disturbed and/or utilized in performance of the excavation activities. In the process of borrow area operation when one active phase becomes closed and reclaimed and another phase is opened the applicant shall provide the county with the applicable reclamation plan and surety in the same manner as required for the initial phase of the borrow area approval process.

2.

Upon formal written request to the permitting agency or board, the applicant may request a reduction in the amount or a complete release of the reclamation surety due to completion of some or all of the required reclamation. Representatives of the public works department and planning and development services department must be allowed to enter and inspect the reclamation efforts and make a written recommendation regarding the request prior to a final determination to reduce or release the surety.

3.

If the county determines that the previously approved financial assurances do not demonstrate the financial ability to achieve the approved reclamation plan, the county may, after a duly noticed public hearing, suspend or revoke the borrow area permit until such time as the permit holder provides additional or different surety.

(c)

Permits required. All borrow areas regardless of size shall be required to secure approval of both a special use permit and a site work permit. The special use permit application shall be submitted in conformance with article XII, division 12 of this Code and shall include a site plan and project description with sufficient information to effectively determine the type and extent of the proposed borrow area activity being proposed in order to proceed for formal action by the zoning board of adjustment. A site work permit application shall be submitted in conformance with the requirements and standards of this section. Applications for a site work permits will be submitted and approved through the planning and development services department following requisite review and approval by the development review committee (DRC). Site work permits are subject to plan review, approval and inspection by the county public works director or authorized designee. The applicant shall be entitled to concurrent review and issuance of the borrow area permit and special use permit, if appropriate. In all cases, the site work permit shall be subject to the following:

(1)

For borrow areas five acres or less in size, the duration of the site work permit shall be one year, with the opportunity to renew the permit for additional one-year periods up to a maximum of five years. For borrow areas greater than five acres up to the maximum of 30 acres, the duration of the site development permit shall be five years, with the opportunity to renew the site development permit for additional five-year periods.

(2)

Upon renewal, the borrow operation must be inspected for and be brought into compliance with applicable state and local regulations, as well as the conditions of original permit prior to renewing a permit, including, but not limited to, the approved phasing and related reclamation schedule. The fee for a renewal permit shall be the same as for an original permit fee, as established by resolution of the board of county commissioners. Operating a borrow area without a permit or under an expired permit shall be deemed a violation of this Code, subject to enforcement action under article XII of this Code and may result in a denial of future permit applications or revocation of the current permit by the same landowner or operator.

(3)

Failure to renew a permit within 30 days from the date of expiration shall be deemed an abandonment of the borrow area. Renewal of abandoned permits shall require payment of twice the normal permit fee.

(4)

If the applicant of a borrow area processes materials on-site, which typically includes sorting and grinding/grading of materials, this activity will require a permit from the Florida Department of Environmental Protection's Mining and Mitigation Program.

(5)

If the applicant's borrow area, or property permitted by the SUP is to be used to collect construction or tree debris, the applicant must obtain a permit from the Florida Department of Environmental Protection or applicable water management district prior to said activity. There will be no requirement of the applicant after the SUP is issued for the area to amend the SUP other than providing the proper permits to planning and development services.

(d)

Site work permit application submittal requirements. A permit application for a borrow area shall include the following information as deemed necessary by the directors of planning and development services and public works departments:

(1)

Dust control plan. To minimize dust, the access road to the borrow area shall be paved or constructed of some other dust free surface, or the applicant may provide some other plan for dust control that must be approved by the public works department and shall continue to clean, maintain and, when necessary, improve the access roads to ensure that dust from the access road and borrow area does not leave the site.

(2)

Erosion control plan. All areas not draining internally to the existing borrow area(s) must remain vegetated or all areas that will not be excavated within a six-month period shall be re-vegetated. A silt fence shall be installed downstream of all grubbed areas where storm water is directed off-site.

(3)

Excavation/site plan. Provide an excavation plan showing the location, size, sequencing, duration and depth of the excavation. As part of the excavation plan, on a separate site plan or survey, the following information must be provided:

a.

The dimensions and size (acreage) of the property;

b.

Location of the excavation;

c.

Distances from the excavation to all property lines;

d.

The location of the required fence; and

e.

The location of any wells or sewage treatment systems (i.e., septic systems) within the appropriate set back distances specified in subsection (e) below.

(4)

Storm water retention plan. Provide a storm water retention plan that indicates:

a.

The areas for retention;

b.

The capacity of the retention areas; and

c.

The infiltration rate of the retention areas.

The public works director may require engineering from a Florida licensed engineer, if the applicant's storm water plan does not adequately address retention.

(5)

Site access. The applicant must obtain a driveway permit from the FDOT for state roads or from the department of public works for county roads before the permit is effective.

(6)

Utility easements. Where a borrow area is in or abutting a utility easement, the applicant must notify the local utility that crosses the property and obtain a letter from such entity that indicates their approval of the current or proposed excavation below their lines. In addition, this letter should state the depth of excavation, setback requirements and access the utility will require from their lines or poles.

(7)

Reclamation shall re-establish the excavated and disturbed area in a manner that minimizes slopes and that is re-vegetated with native vegetation consistent with original natural state of the excavated area and the surrounding area. Part or all of the excavated area may be reclaimed as a pond, subject to the supplemental regulations for ponds, if the applicant can demonstrate that the pond will not result in discernible draw down of existing water bodies or potable water wells in the area. Where reclamation includes a pond, the slope of the pond is six-foot horizontal for every one-foot vertical down to six feet below the low water line, however, the slope of the sides of any other reclamation plan shall not exceed the slopes as described in paragraph (a), below.

a.

"Reclamation" shall mean the reshaping of land disturbed or affected by borrow area operations to an appropriate contour that is as close as is practical to the contours existing prior to the excavating of the land, unless the reclamation plan establishes an alternate set of contours that is not contrary to the public interest and leaves the site beneficial for a viable future land use. Optional contour alternatives must address the following:

1.

Consideration to the type of land use in place prior to the establishment of the borrow area operations.

2.

The viable land uses that might be established after reclamation.

3.

Consideration to the effect on surrounding topography and land uses.

In an effort to enhance stabilization and site aesthetics and maximize the potential for beneficial use of the land, the slopes for areas disturbed outside the excavated area shall be reclaimed to a slope of four feet horizontal to one foot vertical (4:1), where such areas have been disturbed to a degree that created a slope steeper than 4:1. Reclaimed slopes within the actual excavated area shall not exceed a slope of three feet horizontal and one foot vertical. Reclamation shall include re-vegetation of the lands in a manner consistent with paragraphs (b) and (c), below.

b.

"Re-vegetation" shall mean using one of the following:

1.

Utilization of grasses, shrubs, trees and other vegetation native to the area, or

2.

Utilization of an agriculture crop or silviculture planting that is suitable to the surrounding area. Such crop or planting shall be well adapted to the soil conditions of the site; shall be planted in a manner appropriate to achieve permanent re-vegetation that will minimize soil erosion and surface water runoff; and shall stabilize slopes and conceal the effects of the borrow area operation.

c.

Quality topsoil that is available on-site shall be stockpiled, segregated and retained on-site for re-vegetation during the reclamation process.

d.

An itemized cost associated with the proposed reclamation plan must be provided. The public works director, or his/her designee, will use this cost estimate, along with other available costing information, to determine the amount of the required security to be held by the county attorney until reclamation has been completed.

e.

If the borrow area is to be used to collect construction or tree debris, a copy of the permit from the Florida Department of Environmental Protection or applicable water management district shall be provided to county planning and development services prior to said collection.

(8)

Groundwater table separation. The applicant must submit a survey or provide boring information indicating the groundwater table in the borrow area and demonstrate that the proposed depth of the excavation will not result in a harmful impact to the groundwater and will not penetrate any impervious surface layers.

(9)

Spill plan. When there is refueling or maintenance of machinery at the borrow area, the applicant shall provide a spill prevention control and countermeasures plan (SPCC) (i.e., a concrete pad to prevent spills or leaks from entering the excavated areas or the groundwater).

(10)

A copy of the notification to Florida Department of Environmental Protection (DEP) and a statement from the Florida Department of Environmental Protection regarding compliance with the applicable provisions of F.S. ch. 378 and Chapter 62C, Florida Administrative Code.

(11)

Verification from the planning and development services department that the property is zoned AG (Agriculture) or M (Mining) and the property is a minimum of five acres in size.

(12)

If de-watering or on-site retention of water is required to accomplish the excavation, a statement from the St. Johns River Water Management District or the Florida Department of Environmental Protection (DEP) regarding compliance with all applicable regulations enforced by the agency is required. Optionally, a letter of no concern or no permit required from the appropriate agency will be required.

(13)

A permit fee in the amount established by the board of county commissioners.

(e)

Design standards.

(1)

Setbacks.

a.

Setbacks for all excavations shall be a minimum of 25 feet from all rights-of-way, shared private access and property lines of abutting property in separate ownership as measured from the edge of the excavation area, and the area within the setback shall be vegetated and shall not be developed or used in any other manner.

b.

Any part of an excavation that is more than ten feet in depth but less than 25 feet in depth shall be a minimum of 100 feet from any potable water well or septic system.

c.

Any part of an excavation that is more than 25 feet in depth must be a minimum of 200 feet from any potable water well or septic system.

d.

The boundaries of the excavation area shall be a minimum of 100 feet from any residential structure.

(2)

All disturbed areas shall be re-vegetated, seeded or sodded.

(3)

Impact on roads, drainage and erosion shall be addressed on a case-by-case basis by the public works department in accordance with the minimum requirements of article VII with regard to storm water and access management design standards. The public works department or applicably the FDOT shall provide a required design for connecting driveways to minimize road damage caused by heavy trucks and equipment.

(4)

A fence shall enclose the excavated area. The fence may be located anywhere within the property boundaries and must be at a minimum six feet high. Trespass warning signs of no less than one square feet and no greater than six square feet shall be placed every 200 feet along the fence. In the case of very large parcels with the borrow area located far from other properties or public roadways, the county may reduce the number of trespass signs down to one sign for every 400 feet.

(5)

All borrow areas located in environmentally sensitive areas shall comply with the environmental protection standards for mines set out in section 45-191(c)(10) of this article.

(6)

Reclamation plan. Provide a reclamation plan indicating proposed slopes upon completion of the reclamation and proposed re-vegetation plan.

Land used or intended to be used for the burial of deceased animals or humans and for the erection of customary markers, monuments, and mausoleums. A cemetery may include structures such as burial vaults and columbarium.

(1)

Standards.

a.

The cemetery shall comply with all state statutes and rules relating to cemeteries.

b.

There shall be adequate space within the site for the parking and maneuvering of funeral corteges, and guaranteed access to gravesites through easements or other methods.

c.

No interment shall take place within 30 feet of any adjoining lot line.

d.

All other structures shall be set back a minimum of 25 feet from any boundary line of the cemetery property.

e.

All structures over 25 feet in height must be set back from any boundary line of the cemetery a minimum of 25 feet plus two feet for each one foot of height over 25 feet to the maximum height permitted by the zoning district in which it is located.

f.

A cemetery is a permitted use in the public, light (P-1) zoning district. It may also be allowed upon approval of a special use permit within the agriculture (AG) zoning district.

(a)

Family day care homes.

(1)

A family day care home providing care for six or less children shall be allowed in any residential or agricultural zoning district. Any family day care home which provides care for more than six children shall be considered a child care center and be subject to the requirements of subsection (b) below.

(2)

Such homes must be properly licensed per F.S. ch. 402 at all times.

(b)

Child day care centers.

(1)

Child care centers shall be defined as any such facility which cares for more than six children unrelated to the operator and which receives a payment, fee or grant for any of the children receiving care, wherever operated, and whether or not operated for profit.

(2)

Child day care facilities/centers may be allowed by special use permit in AG, R-1, R-2, R-3, R-4, RMH, C-1, C-2, and C-3 districts subject to the following conditions:

a.

The use has direct access to roadways with a "minor collector" or higher roadway functional classification.

b.

The use is not in a location interior to residential neighborhoods in a manner that will encourage the use of local streets for non-residential traffic.

c.

The property where the use is to be located is at least one acre in size and has a lot width of at least 100 feet.

d.

Where a special use permit is required, the maximum number of children at the facility may be determined by the zoning board of adjustment and included as a condition of the special use permit. It shall otherwise be governed by the licensing requirements of F.S. ch. 402.

e.

The property at issue shall meet, at a minimum, the setbacks of the applicable zoning district.

f.

If located in a residential zoning district, the hours of operation shall be limited to the hours of 6:00 a.m. to 7:00 p.m. unless otherwise conditioned by the zoning board of adjustment.

g.

Signage shall meet the requirements of article VIII of this Code.

h.

The use shall comply with the applicable noise limitations as outlined in the chapter 18, article VII of the Putnam County Code.

i.

Where a special use permit is required, the zoning board of adjustment may establish any other reasonable conditions necessary to make the use compatible with surrounding uses.

(a)

Definitions.

(1)

Communication facilities means any facility for the transmission and/or reception of personal wireless services, microwave, broadband or other electromagnetic frequency communications which may consist of an antenna array, cables, and equipment shelter or building.

(2)

Communication tower means a structure designed and constructed for the primary purpose of supporting antennas and other communication components.

(b)

New and existing communication facilities.

(1)

All communication facilities in Putnam County shall be subject to these regulations and all other applicable building and construction codes. In the event of any conflict between the zoning district regulations and the regulations contained in this section, the provisions of this section shall override and supersede such other regulations unless otherwise specifically set forth herein.

(2)

Any person installing a communication facility on an existing communication tower or other structure shall be required to apply for a permit from the building official, which shall include a site plan. Such permit application shall include, but not be limited to the following:

a.

The written inventory of existing communication facilities within Putnam County that includes the location, owned or operated by the same person or entity that will own or operate the proposed new facility.

b.

Wind load data for all attachments.

c.

Detailed description of all equipment that will be installed, including a list of any hazardous or potentially hazardous materials (i.e. fuel tanks and batteries).

d.

Engineering regarding the load bearing capability and current load of the tower or structure being used to support the communication facility.

e.

The number of existing communication facilities on the structure to be used.

(3)

No special use permit shall be required to locate a communication facility on an existing, approved communication tower or other structure, provided that the personal wire service facility does not extend more than 20 feet above the existing communication tower, or other structure. Such structures may include, but are not limited to, buildings, water towers, existing communication towers, recreational light fixtures and other essential public service structures.

(c)

Governmental uses. The setback and yard requirements of this section do not apply to communication towers and communication facilities in existence as of December 31, 2015, located on property owned by any governmental entity and used to provide police and safety services. Any such tower shall not subsequently become nonconforming relative to setback and yard requirements due to repairs, replacement or extension of height of the tower. Any new communication towers/facilities constructed after December 31, 2015 shall conform to all requirements including those for setbacks and yards regardless of purpose or ownership. A governmental entity may allow a private carrier to co-locate on its tower.

(d)

Existing communication towers.

(1)

All communication towers existing on the effective date of this section shall be allowed to continue to be used as they presently exist.

(2)

For purposes of this section, a communication tower that has received final approval in the form of an exception, special use permit, variance or building permit, but has not yet been constructed, shall be considered an existing tower so long as approval is valid and unexpired.

(3)

Replacement of an existing tower shall not require a special use permit so long as the replacement tower is no taller than the original tower.

(e)

Co-location requirements for communication towers.

(1)

Co-location of communication facilities shall be required unless determined to be infeasible or unworkable pursuant to subsections (2)a—g below.

(2)

A special use permit may be granted for a new communication tower if the zoning board of adjustment makes a finding, based on competent substantial evidence, that co-location of the proposed communication facility(s) on an existing tower or other structure is not a viable alternative. This finding shall be based on one or more of the following factors:

a.

No existing towers or structures are located within the geographic area that meets the applicant's engineering requirements and reasonable coverage needs.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements and cannot be extended to accommodate the applicant's reasonable engineering and coverage needs.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment, as demonstrated by a licensed structural engineer.

d.

The applicant's proposed antenna would cause impermissible electromagnetic interference, as determined by the FCC, with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause impermissible interference, as determined by the FCC, with the applicant's proposed antenna and available corrective measures are infeasible or ineffective.

e.

The fees or costs required to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable.

f.

Property owners or owners of existing towers or structures are unwilling to accommodate the applicant's needs.

g.

The applicant demonstrates to the zoning board of adjustment that there are other limiting factors that render existing towers and structures unsuitable.

(f)

Design standards.

(1)

Generally. The following design standards apply to all proposed new communication towers.

(2)

Location on tower site. Each proposed tower shall be located on a designated tower site as defined herein. A tower site may be located on a lot utilized for other principal uses, and may be smaller than the minimum lot size required in the zoning district. The tower site, but not the entire lot, shall be subject to all of the requirements of this section, except as specifically provided herein.

(3)

Minimum distance of communication towers from residential zoning districts.

a.

Regardless of the zoning district in which the communication tower is located, any communication tower over 100 feet in height shall be not less than 750 feet from the nearest residential lot line of any residentially zoned lot, or from any parcel containing an existing residence, except that in the "AG" district, the communication tower may be closer to the boundary of a parcel on which there is a residence provided the tower is a minimum of 750 feet from any residence existing at the time of approval. Communication towers 100 feet in height or under shall be set back at a distance equal to at least 200 percent of the tower height from residentially zoned property or the lot line of any existing residence.

b.

Communication towers under 100 feet in height that are accessory facilities to radio or television studios shall be set back 100 feet from the nearest residential lot line of any residentially zoned lot or from any parcel containing an existing residence.

c.

Minimum distances shall be measured from the center of the base of the communication tower to the lot line of the applicable residential zoning district or parcel, as the case may be.

(4)

Minimum yard requirements. Tower setbacks shall be measured from the center of the tower to the tower site boundary lines. Subject to paragraph (c) above, the minimum setback from the base of the tower to the tower site boundary line shall be equal to 110 percent of the fall radius or 50 feet, whichever is greater. The fall radius shall be determined, in writing, signed and sealed, by a licensed professional engineer. The tower owner shall provide a lease or deed or recorded fall zone easement covering the required fall radius. Accessory structures must follow the setbacks for the underlying zoning district, with supports being a minimum of five feet from the property line.

(5)

Maximum height. The maximum height of communication towers shall be 350 feet.

(6)

Illumination. Communication towers shall not be artificially lighted except as may be required by the federal aviation administration. If lighting is required, the applicant must present Putnam County with all available lighting alternatives and obtain approval of the county so that the county is assured that the design to be utilized will cause the least disturbance to the surroundings.

(7)

Finished color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or painted a dull blue or gray finish unless otherwise approved as a condition of a special use permit by the zoning board of adjustment or within an approved PUD site plan.

(8)

Structural design.

a.

Communication towers shall be designed and constructed to the current edition of the ASCE-7 standards, EIA/TIA 222-F standards or most current equivalent standards, as published by the electronic industries association, which may be amended from time to time, and all applicable county building codes. All plans for the construction of towers shall be sealed by a Florida registered professional engineer qualified to attest to the strength of construction. Further, any improvements and/or additions (i.e. antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer who demonstrates compliance with the most current equivalent standards in effect at the time of said improvement or addition and all applicable county building codes. Said plans, to include computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations, shall be submitted to and reviewed and approved by the building department at the time building permits are requested.

b.

All parts of the communication tower, including any guy wires and anchors, must be contained within property under a unified ownership.

(9)

Advertising and identification. Neither the communication tower nor tower site shall be used for advertising purposes and shall not contain any signs for the purpose of advertising. However, one sign not exceeding two square feet in area must be clearly visible on the entrance to the tower site identifying the owner/operator of the tower site and contact information including telephone number, address and e-mail address.

(10)

Fencing. A minimum six-foot security fence around all communication towers. Access to the tower shall be through a locked gate.

(11)

Landscaping. The following landscaping and buffering of a communication tower shall be required around the perimeter of the tower and all accessory structures outside the fence:

a.

A row of shade trees a minimum of six feet tall and a maximum of ten feet apart shall be planted around the perimeter of the fence.

b.

A continuous hedge at least 36 inches high at the time of planting, capable of growing to at least 48 inches in height within 18 months, shall be planted in front of the tree line referenced above.

c.

All required landscaping shall be native species. Said native vegetation must be drought tolerant and/or irrigated and properly maintained to ensure good health and vitality.

d.

Existing native vegetation shall be preserved to the maximum extent practicable and may be credited as appropriate toward landscaping requirements.

e.

These standards may be waived by the director of the planning and development services department for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view.

(12)

Compliance with federal communication commission (FCC) NIER standards. Prior to receiving final inspection, adequate proof shall be submitted to the building division documenting that the communication tower and facilities comply with all current FCC regulation for non-ionizing electromagnetic radiation (NIER) and that the radio frequency levels meet the American National Standards Institute.

(g)

[Application information.] Special use permit applications may include all or part of the following information as deemed necessary by the department:

(1)

Written documentation that clearly explains the need and reasons for the proposed tower. Such documentation may include, but not be limited to, site plans, surveys, maps, technical reports, written narratives propagation maps and a detailed explanation of the network the tower is expected to serve inside the county and immediately outside the county lines. The basis for asserting that co-location is not a viable alternative shall be set forth in detail.

(2)

A scaled site plan clearly indicating the tower site, type and height of the proposed tower, the location of any accessory buildings, on-site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, distances from property lines, elevation of the proposed tower, and any other proposed structures.

(3)

A current section map from the Putnam County Property Appraisers office, showing the location of the proposed tower.

(4)

A legal description of the parent tract and tower site (if different).

(5)

If the proposed tower site meets the required minimum distance from residentially-zoned land or other lands which are used residentially, the approximate distance between the proposed tower and the nearest residential dwelling, platted residentially zoned properties, or un-platted residentially zoned properties. If the proposed tower site does not meet the minimum distance requirements, then exact distances, locations and identifications of said properties shall be shown on an updated zoning or tax map.

(6)

A landscape plan showing specific type (common name, size, number, and genus of landscape materials).

(7)

The method of fencing, the finished color if applicable, and the method of aesthetic mitigation and illumination.

(8)

A written inventory of any communication facilities and/or communication towers owned, operated or used by the applicant inside Putnam County and within one-half mile of the county border outside of Putnam County. Such inventory shall include the specific location and height and type of tower.

(9)

Copies of applicable FCC registration for the communication tower.

(10)

A description of the load bearing capacity of the structure used to support the personal wire service facility and the anticipated number of service providers on the support structure.

(11)

A copy of the determination (Form 7460-2 or equivalent) from FAA that the proposed communication tower would not be an obstruction or hazard to air navigation.

(h)

Required findings by ZBOA. In addition to meeting the criteria set forth in article XII, division 12 of this Code, no special use permit for a communication tower shall be issued unless the zoning board of adjustment makes the following written findings:

(1)

That, pursuant to the standards and requirements in this subsection, co-location on an existing tower or other structure is not a viable alternative.

(2)

That the tower will be compatible with the existing contiguous uses and with the general character of the neighborhood or the area by considering the following factors:

a.

The design and height of the communication tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

b.

The mitigating effect of any existing or proposed landscaping, fencing or other structures in the area.

c.

The proximity of the communications tower to existing or proposed buildings or structures.

d.

The nature of uses on surrounding properties.

e.

The topography and tree cover in the area.

f.

Potential adverse impacts of proposed towers located within or adjacent to any property formally designated by the comprehensive plan as protected or environmentally sensitive, or judged to possess unique environmental or cultural qualities.

(3)

That the tower will not have any significant detrimental impact on adjacent property values.

(4)

That the design standards in this subsection have all been met.

(i)

Variances.

(1)

Generally. An applicant for a special use permit to construct a communication facility or communication tower may request, as part of the application, a variance from the distance requirements set forth in subsection 45-172(f)(3), above.

(2)

Required findings. The zoning board of adjustment shall not grant a variance unless it makes the following written findings based on substantial competent evidence:

a.

There is no danger to the health and safety of the property owners or the general public that may be directly impacted by the proposed variance.

b.

There is no feasible alternative to the proposal that would allow the distance requirements to be met.

c.

The variance sought is the minimum necessary to address the need for the variance.

d.

The location of the proposed communication tower in relation to the existing structures, trees, and other visual buffers minimize, to the greatest extent reasonably practicable under the circumstances, any impacts on affected residentially zoned property.

e.

The location of the communication tower will not have a significant detrimental impact on adjacent property values and any property formally designated by the comprehensive plan as protected or environmentally sensitive, or judged to possess unique environmental or cultural qualities as determined by current permitting regulations of the county.

(j)

Mandatory conditions of approval.

(1)

The zoning board of adjustment shall place the following conditions on each special use permit granted:

a.

Provision of a surety bond, standby letter of credit, cash or other surety acceptable to the county administrator as to form and financial condition of the issuer, securing the obligations of the applicant to dismantle the communication tower as required by subsection 45-172(k)(1), below. The bond, letter of credit, cash or other surety shall be payable to the Board of County Commissioners of Putnam County and shall provide the county funds equal to 150 percent of the estimated cost of dismantling the communication tower, as evidenced by a certificate of a Florida licensed engineer or other evidence reasonably satisfactory to the county administrator. Each such bond or letter of credit shall be maintained in force for a minimum of ten years and thereafter for additional five-year periods if the communication tower remains in place at the end of the original ten-year term. Said financial security shall be automatically renewed each year of the designated period. A re-evaluation of the removal cost shall be provided each time the surety is renewed in the manner stated above to adjust the financial security on file with the county to ensure that it is adequate to cover the cost of dismantling the tower if so needed. Any excess funds not utilized in removing the tower will be refunded to the tower owner.

Such financial security shall be payable to the county, and if the applicant is in default of its obligation under this section to dismantle the communication tower, then the proceeds shall be used to pay the cost of such dismantling and removal. The amount of the bond, irrevocable letter of credit, cash or other surety and time limit may be changed by mutual consent.

b.

An easement granted by the fee owner of the remaining land underlying the tower, in favor of Putnam County, to access the communication tower site for removal of the subject tower as provided for herein.

c.

Written permission from all record owners, beneficial owners and leaseholders of the tower in a form acceptable to the county, for county staff, agents or contractors to enter upon the subject site and to remove the subject communication tower located there if it is found to be in violation of this section.

d.

Every ten years from the completion of construction, the owner of the tower shall submit a structural engineering report, signed and sealed by a Florida engineer, detailing the condition of the tower, its bearing capacity and its current load.

(2)

The zoning board of adjustment may place other reasonable conditions on special use permit including, but not limited to:

a.

A requirement that the tower be built at a lesser height than that proposed in order to promote public health and safety or achieve compatibility with surrounding land uses or to minimize the negative visual impact of the tower.

b.

A requirement that the communication tower be built using a specific tower type (i.e. mono-pole, guyed-wire or free standing lattice towers) in order to achieve compatibility with surrounding land uses or to minimize the negative visual impact of the tower.

c.

A requirement that the communication facility, under reasonable conditions, be built using alternative tower structures in order to achieve compatibility with surrounding land uses or to minimize the negative visual impact of the tower. Alternative tower structures means clock towers, bell towers, church steeples, light poles, utility structures, bridges, grain silos, commercial buildings/structures, billboards, trees and other similar structures as approved by the zoning board of adjustment.

(k)

Abandoned towers.

(1)

In the event the use of any communication tower has been discontinued for a period of one year the tower shall be deemed abandoned. Determination of the abandonment shall be made by the director of planning and development services, based on documentation, which may include affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon determination of abandonment, all affected parties shall be notified and a public hearing shall be scheduled before the zoning board of adjustment to consider corrective action including, but not limited to, revocation of the special use permit, removal of the tower or a plan to rehabilitate the use of the tower. Upon a decision by the zoning board of adjustment, the owner/operator shall have an additional 185 days within which:

a.

Reactivate use of the tower or transfer the tower to another owner/operator who makes actual use of the tower within the 185 days;

b.

Dismantle and remove the tower; or

c.

Present a plan to the department for the on-going maintenance and leasing of the tower.

(2)

The county may utilize the bond, letter of credit, cash or other surety to pay for the removal of the tower if none of the actions in subsection (k)(1) above have occurred within 545 days from the discontinuance of the use.

(a)

Community residential home shall be defined as a dwelling unit licensed under F.S. ch. 419 to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department juvenile justice, or the department of children and families or licensed by the agency for health care administration which provides a living environment for up to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents.

(b)

Any such home having six or fewer residents shall be allowed in any residential or agricultural zoning district provided that no such facility may be located closer than 1,000 feet from another community residential home having six or fewer residents or 1,200 feet from another community residential home regardless of the number of residents.

(c)

Any such home having at least seven, but not more than 14 residents may be permitted by special use permit upon demonstrating:

(1)

It is not located within 1,200 feet of another existing community residential home in a multifamily zone, or

(2)

It is not located within 500 feet of a single family zoning district, and

(3)

The home is properly licensed by the applicable agency listed in "a" above at all times.

(a)

Definition. A "drive-through facility" is a feature of a commercial use whereby services or sales are extended mechanically or personally to customers who do not exit their motorized vehicle. Such facilities include banking facilities, restaurants, food sales, dry cleaning, express mail services and other services. Not included in this definition are auto fuel pumps and depositories that involve no immediate exchange or dispersal to the customer, such as mailboxes, library book depositories and recycling facilities.

(b)

Supplemental regulations.

(1)

Any commercial establishment providing drive through service windows or stalls shall provide stacking lanes in addition to the required number of parking spaces. Any overflow resulting from such stacking lanes shall be contained within the subject property and shall not occupy required parking areas, access aisles or any road right-of-way. Stacking lane capacity for drive through facilities shall be:

a.

Banks and financial establishments: 80 feet per lane;

b.

Restaurants: 120 feet per lane;

c.

Other retail establishments: 60 feet per lane.

(2)

Drive through facilities are prohibited in the C-1 zoning district.

(3)

Drive through facilities shall have safe and unobstructed ingress and egress to parking spaces and to adjoining streets.

(4)

Pedestrian crosswalks across stacking lanes shall be clearly marked and located in close proximity to building entrances.

(5)

The director may approve an administrative deviation to the required length of stacking lanes upon demonstration that the requirement is excessive by the applicant.

(6)

All drive-through food service facilities shall have a minimum of one trash receptacle that is accessible by patrons passing through the drive-through without the patron having to exit the vehicle.

(a)

Definition. "Flea market" means the use of a designated area of land, structures or buildings for the sale of goods by individuals or groups which lease the portion of the building or land from which they sell by the hour, day, week or month.

(b)

Supplemental regulations.

(1)

The outdoor sales of goods shall only be allowed in a lawfully established flea market, with the exception of the following land uses, which by their very nature, require the sales and displays to take place outdoors:

a.

A lawful temporary use operating under article II, division 4 of this Code;

b.

The sale of new and used vehicles, including watercraft, in a zoning district that allows such sales activity;

c.

Equipment or vehicle rental establishments in a zoning district that allows such rental activity;

d.

Sale of monuments, tombstones, bird baths, statues and related items in a zoning district that allows such sales activity;

e.

Mobile home and portable building sales in zoning districts that allow such sales activity;

f.

A plant nursery or produce stand in a zoning district that allows plant nurseries and produce stands; and

(2)

Any permanent structure used to shelter people or merchandise shall be required to obtain a building permit and shall be constructed in accordance with the Florida Building Code. "Permanent structure" as used herein shall mean a structure of any size used to shelter persons or property that is used during the operating hours of the flea market and kept in place when the flea market is closed. It does not include tarps, tents, canopies or other portable shelters that are dismantled and carried off the property or stored in a permanent shelter at close of each business day.

(3)

A flea market shall be required to meet the parking, landscaping and buffering requirements of article VII.

(a)

Defined. A "fly-in development" is a residential subdivision development planned and integrated with airport facilities that are directly accessible to recreational flyers. An airport or airstrip allowed by special use permit as an accessory use in the AG (agriculture) zoning district does not constitute a "fly-in development" and is exempt from regulation under this section.

(b)

Supplemental regulations.

(1)

The air strip associated with a fly-in development shall be limited to personal or recreational flying and shall not to be used for commercial airline traffic or any other commercial purpose.

(2)

A fly-in development may only be established under an approved PUD zoning. The PUD ordinance may contain conditions to ensure appropriate limitations on the development and use of the fly-in development.

(3)

Typical accessory uses or structures.

a.

Each lot owner within a fly-in development may be allowed a hangar for storage of aircraft, subject to the dimensional requirements of the zoning district.

b.

A clubhouse or staging area for pilots and residents of the development may be allowed provided it is located a sufficient distance from the runway and air space around the runway.

c.

Visiting aircraft are generally permitted, provided there are sufficient tie-downs or hangar space to ensure proper storage of the aircraft in the event of a storm or high winds.

(4)

Development standards.

a.

A detailed site plan illustrating the location and size of the runway, residential lots adjacent to or within the flight path of the runway, and accessory structures or uses, including aircraft parking areas, shall be provided to the department at the time of initial application for PUD review and rezoning runways shall be located in a manner that allows for a final approach and initial departure zone that is clear of places of public assembly and residential areas that are not part of the fly-in development.

b.

The proposed location and dimensions of the runway must be licensed and approved by the FAA and/or FDOT and the airstrip shall be operated in conformance with FAA and FDOT regulations at all times.

c.

Hangars or any accessory structures that are intended for use as a club house or staging area or a related use for residents and visitors to the air strip shall be required to obtain a commercial Building Permit and shall be constructed in accordance with the Florida Building Code, including any access and facility requirements of the code.

d.

Unless otherwise provided in the ordinance approving the PUD, the fly-in development shall be subject to the design and dimensional requirements of the applicable zoning district as provided in article VII.

e.

The fly-in development shall, at the boundaries of the development, be subject to the applicable noise levels established under chapter 18, article VII of the Putnam County Code.

(a)

Definition and purpose. "Golf course" means a facility for playing the sport of golf. This does not include miniature golf (a.k.a. putt-putt golf), stand-alone golf driving ranges or lighted golf courses, each of which shall be only allowed in accord with the commercial recreation and entertainment—outdoor use category. The purpose of this subsection is to permit the development of golf courses in Putnam County while preserving and enhancing the natural environment, water resources, agricultural resources, scenic vistas, neighborhoods, land uses and values. The county may rely on nationally recognized environmental golf course certification programs and the expertise of regulating state agencies when determining compliance with this subsection.

(b)

Supplementary regulations.

(1)

A golf course may include a driving range and clubhouse as accessory uses so long as they are 150 feet from any adjoining property.

(2)

A golf course shall be required to make use of reclaimed water or establish water re-use system using on-site surface waters for primary irrigation systems. This requirement may be waived by the board of county commissioner upon application by the property owner or developer if he or she can demonstrate an actual hardship or the lack of availability of reclaimed water, subject to the limitations of goals, objectives and policies of the Putnam County Comprehensive Plan and permit approvals from the water management district and the Florida Department of Environmental Protection. If at any time the board determines that reclaimed water has become available for purchase and a conveyance system for such directly served water is within three miles of the golf course boundary, the board may direct the golf course to convert to such reclaimed water. The board may set a reasonable time for conversion.

(3)

Best management practices as promulgated by FDEP for water bodies shall be utilized in all phases of the golf course development and operation. Golf courses shall be designed, constructed, maintained and operated in conformance with a management plan that incorporates the best management practices for the following:

a.

Water quality

b.

Water conservation

c.

Integrated pest management

d.

Waste management

e.

Wildlife habitat management

If necessary, the applicant shall pay reasonable cost incurred by the county for reviewing the management plan including, without limitation, compensation for environmental or technical consultants retained by the county.

(4)

Golf course development review and submittal requirements. A golf course development will be reviewed as a Class III development under article XII of this Code. In addition to the standard submittal requirements is article XII, division 5 of this Code, the following submittals and design standards shall also be provided:

a.

A map series that illustrates the property, the project boundary, parcel lines, USGS topographic data for the property, a conceptual site plan showing the size and location of proposed course, water features, all accessory structures and improvements as well as all required setbacks, and the location for parking, ingress and egress and anticipated traffic routing, all overlaid on the most recent aerial photograph of the property in question.

b.

An environmental assessment prepared by a qualified environmental professional, which identifies existing natural communities present on the subject property, including, but not limited to, jurisdictional wetlands, streambeds, areas of special flood hazard, endangered and threaten species habitat, areas of high groundwater recharge and any other environmentally sensitive lands within the subject property; along with a narrative regarding how these communities will be protected or mitigated.

1.

The golf course design shall minimize stream and wetland crossings. Stream and wetland crossings shall be designed in such a way as to minimize erosion and harmful effects to riparian and wetland habitats and recognized corridors.

2.

Boardwalks and bridges should be used to minimize alteration of the wetland environment.

3.

The course design shall employ vegetated buffer strips to mitigate impacts to waterbodies and other critical habitat which may result from surface drainage of the golf course, cart paths, and other developed areas.

4.

Cart paths shall be graded and swales located such that runoff from them does not flow directly into any natural water body.

5.

Habitat for wildlife species (e.g., bats, bluebirds, purple martins, etc.) that help control pests shall be protected. Additional habitat for these beneficial species should be created whenever feasible and environmentally desirable.

6.

Natural habitat shall be managed to maintain healthy populations of wildlife and aquatic species.

c.

An irrigation plan. If the applicant intends to rely on groundwater irrigation from a private well, the applicant shall provide a groundwater study completed by a qualified engineer establishing the level of the groundwater table on the subject property, the effect of the proposed activity on the groundwater and surface water resources and land uses within one mile of the site.

d.

A grading and drainage plan prepared by a qualified civil engineer.

e.

An archeological and historical assessment of the property by a qualified professional to determine what historically significant resources may be located on the golf course site.

f.

A traffic impact and concurrency study, including anticipated traffic routing.

(a)

Authority, intent, purpose and scope.

(1)

This section is adopted in the interest of the public health, safety, and general welfare of the citizens and inhabitants of Putnam County, Florida, pursuant to F.S. ch. 125 and Florida Constitution Article VIII.

(2)

The intent and purpose of this section is to provide for regulation of simulated gambling devices and internet cafes, decrease the unwanted secondary effects associated with the operation of internet cafes, authorize the use of private property for lawful purposes, and deter illegal gambling. To do this, the county intends to broadly prohibit the possession or use of simulated gambling devices not authorized for legal use under Florida law, including any related activity or behavior which can be reasonably construed to be the use of simulated gambling devices. Further, the board of county commissioners, in prohibiting simulated gambling devices in no way intends to locally approve the use of actual slot machines, other forms of casino gambling or other types of gambling devices. In addition, this prohibition is aimed directly at devices that simulate gambling activity, regardless of whether the devices or the simulations in and of themselves can be said to constitute gambling as that term may be defined elsewhere.

(3)

This section applies in unincorporated Putnam County. It does not apply within the cities of Crescent City, Interlachen, Melrose, Palatka or Welaka.

(4)

Family amusement games or devices are exempt from the provisions of this section.

(5)

Pari-mutuel facilities, operated by a holder of a pari-mutuel permit issued pursuant to F.S. ch. 550 and Rule 61D, Florida Administrative Code and devices located therein, are exempt from the provisions of this section.

(b)

Definitions. For the purpose of this section, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.

(1)

Internet cafe means any location at which simulated gambling devices are made accessible for use by a person, except those places specifically excluded from this section.

(2)

Person means an individual, association, partnership, joint venture, corporation, or any other type of organization, whether conducted for profit or not for profit, or a director, executive, officer or manager of an association, partnership, joint venture, corporation or other organization.

(3)

Simulated gambling device means any device that, upon connection with an object, is available to play or operate a computer simulation of any game, where the play or operation of the device may deliver or entitle the person or persons playing or operating the device to a payoff directly or indirectly from the owner or operator of the device or that person's designee. The following rules of construction apply to this definition of "simulated gambling device":

a.

The term "device" means any mechanical or electrical contrivance, computer, terminal, video or other equipment that may or may not be capable of downloading games from a central server system, machine, computer or other device or equipment. The term "device" also includes any associated equipment necessary to conduct the operation of the device.

b.

The term "upon connection with" means insertion, swiping, passing in range, or any other technical means of physically or electromagnetically connecting an object to a device, including by the manual input by any person of characters, numbers, or any combination thereof, or other code for the purpose of accessing or activating a device, or any other mechanism or method by which the object provides access to the device.

c.

The term "object" means a coin, bill, ticket, token, card, characters, numbers, or any combination thereof, other code, or any other tangible or intangible access mechanism or method, obtained directly or indirectly through payment of consideration, or obtained as a bonus or supplement to another transaction involving the payment of consideration.

d.

The terms "play or operate" or "play or operation" includes the use of skill, the application of the element of chance, or both.

e.

The term "computer simulation" includes simulations by means of a computer, computer system, video display, video system or any other form of electronic video presentation.

f.

The term "game" includes slot machines, poker, bingo, craps, keno, "fish", any other type of game ordinarily played in a casino, a game involving the display of the results of a raffle, sweepstakes, drawing, contest or other promotion, lotto, sweepstakes, and any other game associated with gambling or which could be associated with gambling, but the term "game" does not necessarily imply gambling as that term may be defined elsewhere.

g.

The term "payoff" means cash, monetary or other credit, billets, tickets, tokens, or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether made automatically from the machine or manually.

h.

The use of the word "gambling" in the term "simulated gambling device" is for convenience of reference only. The term "simulated gambling device" as used in this part is defined exclusively by this subsection and does not incorporate or imply any other legal definition or requirement applicable to gambling that may be found elsewhere.

i.

For the purpose of determining the number of simulated gambling devices, each seat, terminal, or other interface at which a separate individual may use the device, shall be counted as a separate and distinct device, regardless of whether the device or any seat, terminal, or other interface is functional. For example, if a single table has six chairs at which six separate persons can play a game, on a common screen/display or otherwise, it shall be counted as six devices; if a stand-up game has three terminals or interfaces at which three people can use the device, it shall be counted as three devices.

(4)

Slot machine has the same meaning as specified in F.S. ch. 551.

(5)

COO shall mean a certificate of occupancy issued pursuant to the Putnam County Code of Ordinances.

(c)

Prohibition of simulated gambling devices.

(1)

It is unlawful for any person to manage, supervise, maintain, provide, produce, possess, or use a simulated gambling device for commercial, promotional or pecuniary gain or purpose.

(2)

For determining the allowable unit of prosecution, it is the intent of the board of county commissioners that each individual act of managing, supervising, maintaining, providing, producing, possessing, or using a simulated gambling device constitutes a separate violation of this section:

a.

For example, if a person possesses five simulated gambling devices, that person would be subject to a separate penalty for each of the five devices;

b.

For example, if a person possesses two simulated gambling devices that the person sells to another individual, the person will have committed four acts in violation of this section, and would be subject to a separate penalty for possessing each of the two devices and a separate sanction for providing each of the two devices.

c.

For example, if a person employed at an internet cafe supervises the establishment.

(3)

Any establishment or property which was lawfully in possession of either a COO or was operating unlawfully prior to the effective date of the ordinance from which this section derives shall immediately cease the use of simulated gambling devices regulated by this section upon the effective date of the ordinance from which this section derives.

(d)

Exemptions.

(1)

This section does not prohibit an individual's personal, recreational, and non-commercial ownership, possession, play, operation or use of a device which could be construed to be a simulated gambling device.

(2)

This section does not prohibit the ownership, possession, play, operation or use of any device expressly permitted by F.S. § 546.10, or other provision of the Florida Statutes, except that devices permitted by Article X, Section 23 of the Florida Constitution and F.S. ch. 551 in Broward and Miami-Dade County only are not permitted by this part.

(3)

This section does not prohibit a religious or charitable organization from conducting a fund-raising activity involving gaming, provided the religious or charitable organization does not conduct the activity more than twice in one calendar year for no more than six hours per fund raising activity, the organization provides advance written notice to the sheriff of the date, time, place, and nature of such activity and who will be conducting it, and the activity is not otherwise unlawful.

(4)

This section does not apply to pari-mutuel facilities, operated by a holder of a pari-mutuel permit issued pursuant to F.S. ch. 550, and Rule 61D, Florida Administrative Code or to any devices or games therein.

(e)

Conflict with state law. Nothing in this section is intended to conflict with the provisions of the Florida Constitution or F.S. ch. 849 concerning gambling. In the event of a direct and express conflict between this part and either the Florida Constitution or F.S. ch. 849 then the provisions of the Florida Constitution or F.S. ch. 849 control, as applicable.

(f)

Enforcement, penalties and civil remedies.

(1)

The sheriff and the board of county commissioners, through any of their respective deputies, employees, agents, and attorneys, shall have concurrent jurisdiction to investigate and enforce the requirements of this section, as follows:

a.

By the issuance of a cease-and-desist order. Upon notice from any agency or individual authorized to enforce this section, occupancy or operation of any structure or property where any simulated gambling device is being used or operated in violation of this section shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property and his or her agent and the person operating any establishment where any simulated gambling device is being used or operated in violation of the section. Failure to comply with the terms and conditions of a cease-and-desist order issued pursuant to this section shall constitute an additional violation of this section. Cease and desist orders may be lifted by the issuing agency upon demonstration that all simulated gambling devices have been removed and all applicable civil penalties have been paid.

b.

By action for civil penalties through the county special magistrate as follows:

1.

Following the written warning being issued for a first violation, the civil penalty for convictions of violations committed by any person operating or allowing the operation of an internet cafe shall be as follows:

i.

Five thousand dollars for a second violation; and

ii.

Ten thousand dollars for a third or subsequent violation.

2.

Following a warning being issued and there being no evidence presented by the property owner to show where there is an active eviction case to remove the tenant, civil penalties assessed against property owners who did not operate the establishment at which illegal use in violation of this section occurred shall follow the fine schedule listed in (b) i. above.

c.

By citation for civil penalties, as provided in this section of the county code, as it may be amended. Civil penalties assessed pursuant to this subsection shall be $250.00 per violation per day for each violation.

d.

A violation of this section that is a civil violation may be reclassified to a misdemeanor of the second degree, punishable by up to 60 days imprisonment in the county jail and a fine of up to $500.00, if, at the time of the violation:

1.

The violator manages, supervises, maintains, provides, produces, possesses, or uses five or more simulated gambling devices for commercial, promotional, or pecuniary gain or purpose;

2.

The violator has one or more prior convictions for a violation of this section or has been found, on one or more occasions, to have committed a violation of this section. For the purpose of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. A person may be found to have committed a violation of this section by any court or board empowered to impose a sanction for violation of this section.

3.

The violator has one or more prior convictions for a violation of any provision of F.S. ch. 849. For the purpose of this subsection, "conviction" means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered;

4.

The violator has previously entered in any pretrial intervention program or diversion program for any violation of this section, a substantially similar ordinance of another jurisdiction, or any provision of F.S. ch. 849; or

5.

The violator is in violation of a cease-and-desist order issued pursuant to this section at the time the violations occur.

e.

By an action for injunctive relief through a court of competent jurisdiction. An action for injunctive relief may be brought by the board of county commissioners, the state attorney, or any substantially affected person. If such action is successful, a judgment for reasonable attorney's fees and costs may be awarded by the court.

f.

Any person against whom a civil penalty is assessed pursuant to this section shall be prohibited from applying for any certificate of occupancy for any property until such civil penalty has been paid in full. Prohibitions against application for a certificate of occupancy contemplated in this section shall not become effective until the judgment requiring such prohibition becomes final; however, such certificate of occupancy shall not be issued unless and until the alleged violation is overturned.

(a)

Definition. "Heavy vehicles" are vehicles that have a commercial rated capacity for hauling equipment, materials, goods and people, except school buses, that are licensed to move over the public roadways and typically used for commercial purposes; for example, semi-trucks, panel trucks, dump trucks or tour buses. It does not include pick-up trucks, vans and other personal vehicles used for personal transportation purposes. Additionally, use of the term "heavy vehicles" should not be read to include heavy equipment such as backhoes, bulldozers, cranes and related heavy equipment, which are typically not tagged and licensed for moving over the public roadways, which is accounted for separately under this Code.

(b)

Zoning requirements. Parking and storage of heavy vehicles is otherwise regulated by the list of permitted uses and structures in article II, division 2 of this Code. Land used for the parking or storage of heavy vehicles shall also be required to meet the landscaping and design standards for off-street parking and loading as provided in article VII of this Code.

(1)

Heavy vehicles shall not be parked or stored in RE, R-1, R-1A, R-1HA, R-2, R-2HA, R-3, R-4, RMH, CPO, C-1, and C-2 except as allowed in the circumstances listed in item (2) below.

(2)

Heavy vehicles may be temporarily parked in the zoning districts listed in paragraph (1), above, for normal and required loading or unloading of such vehicles, or while providing a normal and required service to the uses and structures in the zoning district. For example, moving or delivery trucks are permitted for purposes of loading and unloading items to be moved to or from a residential use district.

(3)

A single, heavy vehicle may be parked on a residential lot or parcel in the AG or AE zoning districts, if the lot or parcel is at least one acre in size; the heavy vehicle is used as transportation by the owner or occupant of a residence on the lot or parcel; the vehicle is operable and has a current license and tag; and the vehicle is not parked on established rights-of-way, including, but not limited to, public and private access and utility easements. Only the vehicle and the single trailer associated with the vehicle is allowed in the zoning district, and no additional heavy vehicles shall be allowed, unless they are parked and used for a bona fide farming operation on the parcel or lot on which the trailer is parked.

(4)

This subsection addresses the parking and storage of actively used heavy vehicles and trailers and should not be read to allow for the long-term storage of inoperable heavy vehicles or trailers in any of the above-referenced zoning districts.

(a)

Definition. "Kennel" means any commercial place of business where three or more domesticated animals, over six months of age are kept for sale, grooming, breeding or overnight boarding. "Kennel" may include a veterinary facility and non-profit rescue facilities if such uses include facilities that meet this definition of "kennel."

(b)

Supplemental regulations.

(1)

Any structures used for the housing of animals must be set back a minimum of 100 feet from any existing residence or residential lot of different ownership.

(2)

In any zoning district other than AG, the structure shall be completely enclosed and sound proofed.

(3)

Whether established by right or by special use permit, the kennel operator shall, at a minimum, dispose of animal waste in a manner approved by the Florida Department of Health and/or the Florida Department of Environmental Protection as applicable. Such waste disposal shall occur on a daily basis to prevent the accumulation of filth and to prevent odors and pests from carrying on to neighboring properties.

(a)

Definition. "Livestock, residential" shall mean the keeping of equines, cattle, swine, fowl, and/or goat on a residential lot that is five acres or less in size and located in an agricultural zoning district (AG or AE). This section also provides for the keeping of one horse in the R-2, and RE zoning districts as indicated in subsection (c) below.

(b)

Supplemental regulations.

(1)

The residential livestock shall be kept in a fenced enclosure maintained to restrict the animals from being closer than ten feet to a property line.

(2)

If a place of shelter is provided it must be 100 feet or more from a residence of different ownership.

(3)

The following minimum area requirements shall be maintained:

a.

One horse or other equine per acre.

b.

One cow or other cattle per acre.

c.

Six goats or sheep per acre.

d.

Forty chickens or other poultry per acre in AG and AE zoning districts, but only one rooster (male).

e.

All swine/pigs shall constitute an intense agricultural operation and be required to obtain a special use permit as outlined in article XII, division 12 of the Land Development Code. One pig/swine is allowed temporarily without a special use permit if the animal is for a 4H/FFA project connected to the Putnam County Fair. Length of stay of said animal shall be from birth to the end of the fair. Said animal shall be removed within 30 days of the end of the fair.

(4)

As used herein, an "acre" means one acre of undeveloped, useable land area; and does not include the area serving the primary residential structure. The area requirements are per animal, i.e., a single acre may not support both a horse and a cow, but only one horse or one cow.

(c)

[Horses.] A horse may be permitted in the R-2 and RE zoning districts by special use permit if the following conditions are met in addition to approval of a special use permit pursuant to article XII, division 12 of the Land Development Code.

(1)

The parcel shall not be less than five acres in area

(2)

No more than one horse per three acres

(3)

Setbacks shall be equal to those listed in subsection (b)(1) and (2)

(d)

4H/FFA animals in residential districts.

(1)

Except as provided in subsection (e) below, one farm animal per acre, including a pig, if the animal is for a 4H/FFA project connected to the Putnam County Fair. Length of stay of said animal shall be from birth to the end of the fair. Said animal shall be removed within 30 days of the end of the fair.

(2)

The minimum size of a parcel for this activity is one acre.

(e)

[Chicken flocks.] Limited residential chicken flocks shall be allowed in R-1, R-2 and RE zoning districts provided:

(1)

The parcel must have an occupied single family residence on site.

(2)

This use shall be prohibited on any parcel that is occupied by any multifamily use or having more than one single family residence unless the other single family residences are otherwise allowed by code or legally nonconforming under this Code.

(3)

A flock shall be no more than 20 chickens per acre.

(4)

Roosters and any other species of fowl other than chickens shall be prohibited.

(5)

The flock shall be kept for personal use only. Commercial raising of chickens or eggs shall be prohibited.

(6)

Any dead animals, or parts thereof, shall be promptly and properly disposed of in a legal fashion that does not create odors or spread to other properties via wind or stormwater runoff.

(7)

The flock shall be confined to the parcel at all times.

(8)

The flock shall be confined to a coop not exceeding 150 square feet in area during nighttime hours, the coop shall be placed in accordance with the applicable building setbacks and no part of the coop shall exceed a height of six feet.

(9)

Stored feed shall be secured to prevent access by vermin.

(10)

The flight feathers on at least one wing must be clipped regularly to prevent flight.

(a)

Definition. "Manufactured home park" is a parcel of land set aside and rented by any person for the parking and accommodation of mobile homes and/or modular homes which are to be occupied for sleeping or eating in exchange for consideration or benefit to the owner of the mobile home park, and includes all land, buildings, structures or facilities used by occupants of homes on such premises.

(b)

Supplementary regulations.

(1)

Manufactured home parks are permitted in RMH zoning only and are allowed to contain accessory and support facilities customarily incidental to the operation of the manufactured home park as approved on the site plan. Such facilities shall include recreational, maintenance and laundry facilities for use by park residents.

(2)

Minimum site requirements for a manufactured home park.

a.

One hundred feet wide at ingress and egress points.

b.

Two hundred feet wide at the portion of the site used for mobile home lots.

c.

Five-acre minimum total site area.

d.

Internal separation between structures/units shall not be less than 20 feet, except that one accessory building 150 square feet or less in size may be placed no closer than three feet to the unit being served and six feet from any other units or accessory buildings.

(3)

Each home space in a manufactured home park in the RMH district shall be provided with a paved patio with a minimum of 120 square feet.

(4)

Each manufactured home park must have a park and recreational area having a minimum area of 200 square feet per home space. Any such area must contain a minimum of 500 square feet.

(5)

Internal streets must be a minimum of 20 feet wide and meet the standards for construction and drainage in article VII of this Code. Sidewalks shall meet the standards of sections 45-618 and 45-656 of this Code.

(6)

Each home space shall be clearly defined by means of concrete, steel or iron pipe markers placed at all corners.

(7)

Each manufactured home park shall be provided with a management office and such service buildings as are necessary to provide facilities for mail distribution, and storage space for supplies and maintenance materials.

(8)

A landscaped buffer at least five feet wide with an opaque screen at least six feet high, shall be maintained along the perimeter of each manufactured home park. Standards for buffer and screening are provided in article VII of this Code.

(9)

A drainage plan for the manufactured home park which meets the requirements of article VII of this Code must be submitted to the public works department. Approval of the design and implementation of the plan must be obtained from public works.

(10)

Emergency storm shelters shall be provided as required by article X of this Code.

(11)

All homes shall be set back at least 15 feet from the boundaries of the park. Accessory structures need not meet this setback requirement.

(12)

Central water and sewer systems shall be provided for parks with home spaces that are less than one-half acre in size.

(13)

Existing manufactured home parks shall comply with the requirements at section 45-813 of this Code.

(14)

Manufactured home parks are only allowed in RMH zoning.

(15)

Up to four recreational vehicle (RV) sites may be allowed in a manufactured home park without need of a special use permit. Whether allowed by right or by special use permit, each RV site in a manufactured home park shall comply with the dimensional requirements for a standard home space and the RV itself shall be licensed and operable to travel over the public roadways. Carports, screen rooms, storage sheds or other permanent structures may be located on the RV site as provided herein, however, such structure shall not be attached or affixed in any fashion to the RV itself. The use of the RV shall be subject to the temporary occupancy requirements established for overnight recreational parks in section 45-196 of this article.

(a)

Definition. "Manufactured home sales" means the sale of new and/or used manufactured homes on an open lot.

(b)

Supplemental regulations.

(1)

Subject to the requirements of the Florida Building Code, a manufactured home may be used as a sales office on a manufactured home sales lot in any zoning district permitting the sale of manufactured homes.

(2)

Repair of new or used mobile homes may be done on mobile home sales lots located in the C-3, C-4, IL, IH and PUD zoning districts as necessary to comply with Florida Department of Motor Vehicles regulations and the Florida Building Code, as applicable.

(a)

Definition. "Marina" means a waterfront establishment for the purpose of storing watercraft and pleasure boats on land, in buildings, in slips, attached to moorings, or on boatlifts. "Marina" includes accessory facilities for purposes including, but not limited to, refueling watercraft, selling of bait and tackle, conducting repairs to watercraft, launching watercraft, restaurants, and snack bars, but does not provide lodging other than allowing for boat owners to live in their watercraft.

(b)

Supplemental regulations.

(1)

Refer to article VI, division 3, waterfront development.

(2)

Dry storage of watercraft is permitted in a marina.

(3)

Temporary and permanent live-aboard slips or moorings for watercraft are allowed in a marina.

a.

Temporary overnight stays aboard watercraft may be allowed for a maximum of 72 hours in a defined mooring field, provided there is a sewage pump station in the marina for use by the overnight watercraft that has been permitted by Florida Department of Environmental Protection.

b.

Permanent live-aboard slips may be allowed if there is a permanent parking area that provides the equivalent of two parking spaces for each permanent live-aboard boat slip, in addition to any other parking required to support additional facilities at the marina.

(4)

There shall be properly located and constructed sewage pump-out facilities in accordance with Florida's Clean Marina Program with connections at each slip used for permanent live-aboard vessels.

(5)

Shower, toilet and lavatory facilities shall be provided based on the number of slips used for live-aboard vessels in accord with department of health and/or department of environmental protection facility requirements.

(6)

There shall be adequate parking provided for automobiles and trailers at all boat launch facilities.

(7)

If RVs or any other camping facilities are included as part of the marina the use shall be governed by the supplemental regulations applicable to overnight recreational parks and Florida Department of Health facility requirements.

(a)

Purpose and intent. The purpose and intent of this section is to ensure that the development of mineral resources, as well as other naturally occurring extractable natural resources materials shall be compatible with the overall economic objectives of Putnam County; to protect and conserve natural resources and the environment for present and future generations; to minimize the potential for adverse impacts associated with mining; to maximize the positive benefits of mining; to ensure that mining will not preclude future uses of mined-out lands and to ensure that reclamation is conducted in a manner consistent with current and future land uses in Putnam County; and to implement the Putnam County Comprehensive Plan.

(b)

Definitions.

Excavation means the digging, stripping, or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits to include oil, gas, rock, stone, minerals, shell, sand, marl, peat and soil, but not including sod. Excavation shall not include the creation of water bodies undertaken as a part of a planned unit development or other subdivision nor shall it include activities associated with the construction of stormwater management facilities.

Mine shall mean an area of land on which operations for the excavation extractable natural resources consisting of pits, shafts, levels, tunnels, etc., to include open cuts and quarries, by which substances such as clay, sand, limestone, peat, kaolin, etc., are extracted, or are planned to be extracted, from the earth.

Mining operation means all functions, work, facilities, and activities in connection with the development, extraction—whether primary or secondary—or processing of extractable natural resources, and all uses reasonably incidental thereto, such as the construction of roads or other means of access, pipelines, waste disposal and storage, and re-circulating water systems.

Reclamation means the reshaping of land disturbed or affected by mining operations to an appropriate contour that is as close as is practical to the contours existing prior to the mining of the land, unless the reclamation plan establishes an alternate set of contours that is not contrary to the public interest and leaves the site beneficial for a viable future land use, taking into consideration the type of land use in place prior to the establishment of the mining operations, the viable land uses that might be established after reclamation, and the surrounding topography and land uses. In an effort to enhance stabilization and site aesthetics and maximize the potential for beneficial use of the land, the slopes for areas disturbed outside the excavated area shall be reclaimed to a slope of four feet horizontal to one foot vertical (4:1), where such areas have been disturbed to a degree that created a slope steeper than 4:1; and the reclaimed slopes within the actual excavated area shall not exceed a slope of three feet horizontal and one foot vertical. Where the reclamation results in the creation of a water body, the area beginning at the mean high water line to a point six feet below the low water line shall be reclaimed to a slope not to exceed of six feet horizontal to one foot vertical. Reclamation shall include re-vegetation of the lands in a manner consistent with the paragraph (4), below. The preparation and implementation of reclamation plans shall, at a minimum, be consistent with state law for the type of resource extracted; and in the case of a conflict between the state and local laws, the more stringent standard shall apply.

Re-vegetation means using grasses, shrubs, trees and other vegetation native to the area, or an agriculture or silviculture crop suitable to the surrounding areas, all of which are well adapted to the soil conditions and planted in a manner appropriate to achieve permanent re-vegetation which will minimize soil erosion and surface water runoff, stabilize slopes and conceal the effects of the mining. Quality topsoil that is available on-site shall be stockpiled, segregated and retained on-site for re-vegetation during the reclamation process.

(c)

Supplemental regulations.

(1)

Mining operations shall only be allowed on property where both the mining future land use and mining zoning district are in place.

(2)

Mining master plan permit required. A mining operation must obtain final development order from the county prior to the commencement of the mining activity, hereinafter referred to as a mining master plan permit. The application for a mining master plan permit shall, to the extent possible, be reviewed concurrently with a related application for a comprehensive plan amendment and/or rezoning.

(3)

Phasing required. The excavation of the mine shall be conducted in phases, as set forth in the mining master plan, so as to expose the least amount of land surface practical at any time during the mining operations. The activity to be conducted during each phase shall be described in the mining master plan and shall be based on a variety of factors, including, but not limited to, the type soil being excavated, the location and size of the mine, the duration of the operation, the location of length of the deposits being excavated and the susceptibility of the site to erosion and fugitive dust emissions, and the presence or absence of buffers and setbacks that will impact the aesthetics and the environment.

(4)

The mining master plan permit application and review process:

a.

Applicant shall submit a mining master plan application with the required submittals to the department and the department shall conduct a sufficiency review within 20 business days. If the department determines that the information is substantially incomplete, it shall inform the applicant in writing of the deficiencies. The developer may submit an amended plan within 60 business days without payment of an additional fee, but, if more than 60 days have elapsed, the applicant must thereafter initiate a new application and pay a new fee.

b.

The department shall send a copy of the proposed mining master plan to each member of the development review committee (DRC) and shall place the plan on the agenda of the next committee meeting that allows the DRC at least 20 business days to review the plan.

c.

Each DRC member shall present comments as to the proposed development's probable effect on the public facilities and services that the member represents and any other comments regarding whether the proposal is in compliance with the requirements of this Code. Additional preliminary review meetings can be scheduled as deemed necessary by the applicant or the committee.

d.

Within 20 business days after the committee meets for the last time to consider the plan and comments, the department shall issue a written report setting forth findings and conclusions supporting such findings, and shall forward the matter to the board of county commissioners with written findings and a recommendation of either approval, approval with conditions or denial.

e.

The board of county commissioners shall, after a properly noticed public hearing, either issue a preliminary development order granting the mining master plan permit, stating any conditions of approval, or deny the application, stating the basis for the denial. In addition to any other additional conditions that may be included in the preliminary development order, the order shall include the following conditions precedent to issuance of a final development order:

1.

Applicant shall obtain appropriate permits and approvals from the FDEP, FDOT and any other appropriate state or federal regulatory agencies, including, but not limited to, approval of a reclamation plan consistent with the conceptual plan approved as part of the preliminary development order.

2.

Applicant shall provide the appropriate financial assurances, in a form approved by the board, that ensure completion of the approved reclamation plan.

3.

A specific, reasonable time frame for completing the conditions precedent to a final development order.

f.

The developer shall submit a final development plan to the director or his designee for review and approval within the time period in which the preliminary development order is valid.

g.

Within 20 business days the department shall determine whether the mining master plan permit should be approved or denied based on whether the plan conforms to the preliminary development order; and shall either issue a final development order complying with section 45-996 of this Code, or refuse to issue a final development order based on the failure of the development to comply with the conditions imposed by the preliminary development order. If the final development order is denied, the applicant may request a hearing before the board of county commissioners to determine whether the final development order should be issued.

(5)

The mining master plan permit submittal requirements. Submittal requirements for the mining master plan permit review process shall generally follow article XII, division 5 of this Code, including, but not limited to, section 45-1005, which requires a master plan if the mining activity is going to occur in phases. In addition to the submittal requirements of article XII, division 5, the following submittals shall also be provided:

a.

A map series that illustrates the property, the project boundary, parcel lines, USGS topographic data for the property, a conceptual site plan showing the size and location of proposed accessory structures and improvements as well as all required setbacks, location for ingress and egress and anticipated traffic routing, and location of the area to be mined, all overlaid on the most recent aerial photograph of the property in question. The map series must also show the surrounding property at least 1,500 feet of the property boundary with parcel lines and topographic information.

b.

A location map showing the parcel under review for the permit in relation to the surrounding parcels and roadways within a two-mile radius of the proposed mine.

c.

An environmental assessment prepared by a qualified environmental professional, who identifies existing natural communities present on the subject property, including, but not limited to, jurisdictional wetlands, endangered and threaten species habitat, areas of high groundwater recharge and any other environmentally sensitive lands within the subject property; along with a narrative regarding how these communities will be protected or mitigated.

d.

A geotechnical report and groundwater study completed by an engineer or geologist that is qualified in the area of hydrogeology showing the location and types of soils, the level of the groundwater table on the subject property, the effect of the proposed activity on the groundwater and surface water resources, including wetlands, and land uses within one mile of the site, as well as a conceptual ground and surface water monitoring plan. Ground and surface water levels must be established and monitored for one full year prior to commencement of mining operations, and shall continue to be monitored for the duration of the mining operation.

e.

An archeological and historical assessment of the property by a qualified professional to determine what historically significant resources may be located on a mining site.

f.

A traffic impact and concurrency study, including anticipated traffic routing.

g.

A conceptual reclamation plan that is, at a minimum, consistent with the state's reclamation requirements, which shall include the estimated cost of reclamation; except that the county may require additional reclamation actions not required by state's minimum standards, if it determines such actions are necessary and reasonable given the nature of the mining operation and the area to be disturbed. Additionally, all reclamation plans shall include a plan for re-vegetation as that term is defined in subsection 45-191(b)(4) above.

h.

Assurances in a form approved by the board of county commissioners that the applicant will be financially able to complete the approved reclamation plan. Such assurances may be in the form of a performance bond or other surety, or by the annual filing of a certified financial statement demonstrating the financial ability to achieve the approved reclamation plan, as determined by the board. Such financial guarantees shall be in an amount not less than 100 percent of the cost of reclamation, as shall be decided by the board based on the recommendation of the county administrator and the advice of the county attorney.

1.

The cost estimates for reclamation will be limited to the active phase of the excavation.

2.

Upon formal written request to the permitting agency or board, the permit holder may request a reduction in the amount or a complete release of the reclamation surety due to completion of some or all of the required reclamation. The department must be allowed to enter and inspect the reclamation efforts and make a written recommendation regarding the request prior to a final determination to reduce or release the surety.

3.

If the county determines that the previously approved financial assurances do not demonstrate the financial ability to achieve the approved reclamation plan, the county may, after a duly noticed public hearing, suspend or revoke the mining master plan permit until such time as the permit holder provides additional or different surety.

i.

A list of all required state and federal permits that must be obtained for the mining operation.

(6)

The site for a mine shall:

a.

Have a minimum land area of five acres.

b.

Have legal access to a public right-of-way that will ensure the ingress and egress for the mining operation does not take place on a local road in an established neighborhood.

(7)

The actual excavation area shall be subject to the following minimum setbacks:

a.

One hundred feet of any public roadway.

b.

Five hundred feet of a natural water body; except that when the water body has not been meandered by the state and it is located entirely within the property boundaries of the mining operation, the setback may be reduced to 50 feet.

c.

Twenty-five feet from a delineated wetland; except that encroachment into a wetland system may be allowed if it is determined to be an integral part of the mining activity or the board determines the encroachment is necessary for the reasonable operation of the mine and the impact to the wetland system is negligible or sufficiently mitigated. The encroachment must permitted by the department of environmental protection, and the owner or operator of the mine must mitigate any net loss to the wetland system.

d.

Nothing herein shall prevent the board from requiring greater setbacks, where the minimum setbacks are found to be insufficient to protect the roadway, water body, wetland or other adjacent land uses from suffering adverse impacts from the excavation activity.

(8)

A pond permit is not required for an artificial lake that is a part of an approved reclamation plan.

(9)

Copies of any permits or reports required by the Florida Department of Environmental Protection and those that may be required by other state agencies in relation to the mine and the mining operation shall be submitted concurrently to the Director of Planning and Development Services and the Director of Public Works for Putnam County.

(10)

Environmental protection standards.

a.

Water quality and quantity.

1.

Point-source discharges. Point-source discharges of water or liquid waste into water bodies are prohibited; except that point source discharge may be allowed if permitted by the Florida Department of Environmental Protection and/or the water management district and the water body has not been meandered by the state and it is located entirely within the property boundaries of the mining operation. This shall not prevent approved discharges into re-circulating plant water systems, retention ponds and surface water storage ponds which are self-contained on the mine property or the undertaking of aquifer recharge programs, or discharges of stormwater runoff from reclaimed lands; nor shall it prevent existing mining operations with valid state permits from discharging in accordance with those permits; provided, however, that in no event may any discharges of water or liquid waste have an adverse effect on water quality, riverine, terrestrial or aquatic biota or preexisting lawful uses of water bodies.

2.

Non-point source discharges. Non-point source discharges of water or liquid waste into waters of the county or state shall not have an adverse effect on water quality, riverine, terrestrial or aquatic biota or preexisting lawful uses of water bodies. All surface drainage from site runoff shall be directed away from sinkholes or open excavations unless such excavations are part of the approved stormwater management system.

3.

Ground and surface water withdrawals shall not adversely impact, due to lowering of potentiometric levels, the Floridian Aquifer beyond the boundaries of the mine. Nor shall mining activities adversely impact the level of the surficial aquifer beyond the boundaries of the mine. Ground and surface water levels shall continue to be monitored for the duration of the mining operation. Wells established for a potable water supply or as part of the mining operation shall be constructed to enable sampling of the aquifer from which the water is drawn. The frequency and form of reporting of monitoring results shall be decided on a case-by-case basis and outlined in the mining master plan permit.

4.

Where feasible, a horizontal impervious layer (possibly including a portion of the extracted resource) to be left undisturbed and un-penetrated beneath all excavated areas in order to retard the movement of water from excavated areas to the groundwater. The thickness and horizontal extent of confining units, if any, shall be determined using soil borings taken prior to excavation.

5.

Surface water withdrawals. Water shall not be drawn from surface water bodies not totally within the property unless specifically approved as part of the mining master plan permit, and by the state through an environmental resource and/or a consumptive use permit. Such use shall only be permitted after a thorough analysis of stream flow and surface water conditions and shall be limited to quantities not detrimental to downstream property owners or the environment.

b.

Wetlands. Wetlands shall not be altered or disturbed by mining operations except in accordance with the applicable provisions of article VI, division 2 of the Putnam County Land Development Code and any other applicable state and federal rules, regulations and ordinances. Appropriate methods of restoring or reclaiming the functions and values of mined areas with special regard to vegetative restoration to ensure that viable wetlands are established free of exotic and noxious plant species shall be taken. The restoration and reclamation methods shall be outlined in the approved reclamation plan.

c.

Archaeological and historical resources. Archaeological and historical sites, cemeteries and burial grounds shall be preserved in accordance with applicable federal, state, regional and local laws, ordinances, rules and regulations. The state division of archives, history and records management shall be consulted to determine what resources may be located on a mining site.

d.

Wildlife resources. Maximum practicable efforts shall be made to protect habitats of endangered or threatened species of wildlife and vegetation, and where feasible, incorporate the establishment of habitat for native wildlife species as part of the reclamation plan.

e.

Floodplain. No mining activity, with the exception of approved peat and muck mining, shall be conducted within the 100-year floodplain of a waterway, lake or stream if such mining activity would have an adverse effect on the 100-year floodplain. Floodplain elevations shall be determined as provided in article VI, division 5 of this Code.

f.

Solid waste. No operator shall dump, pile or permit the dumping, piling or otherwise placing of any earth, overburden rocks, ore, debris or other solid waste upon or into any public roadways or other public property or water bodies or upon any adjacent property except as specifically approved in the operating permit. No operator shall place such materials in such a way that normal erosion or slides brought about by natural physical causes will permit such materials to go upon or into public roadways or other public property or water bodies or upon any adjacent property except as specifically approved in the operating permit.

g.

Hazardous waste. All hazardous materials intended to be stored or used on-site, including petroleum-based products, shall be reported to the Fire Marshal and the Director of Emergency Management Services for Putnam County. All hazardous wastes generated by activities at the site be disposed of in accordance with local, regional, state and federal laws, ordinances, rules and regulations.

h.

Blasting and vibrations. No blasting or other use of explosives shall be conducted without proper permits from the governmental entities with jurisdiction, including the state fire marshal. Blasting shall be conducted only from Monday through Saturday and during daylight hours. All mining activities shall be performed in a manner that shall prevent vibrations of the soil from reaching a magnitude sufficient to cause damage to persons or property outside the operator's property.

i.

Air quality. The mining activity shall be conducted so as to prevent the generation and off-site migration of fugitive dusts and particles. All areas in which such dusts or particles may be generated shall be kept wet or controlled in another manner to reduce the potential for their off-site migration. Atmospheric discharges from processing and drying equipment shall comply with all applicable state, federal, regional and local laws, ordinances, rules and regulations.

j.

Erosion and sedimentation. Soils exposed during site alteration shall be stabilized and runoff and siltation directed to areas approved in the mining master plan permit in such a manner as to prevent off-site impacts.

k.

Dewatering. Dewatering operations shall be planned and controlled so as to provide minimum draw down of the groundwater table outside the actual mining site. When it receives credible complaints that the mining operation has resulted in detrimental off-site impacts, the county will coordinate an investigation with the state and federal regulating agencies and may require the operator to demonstrate that such impacts have not occurred as a result of the dewatering operation. Any dewatering operation which results in detrimental fluctuations of water levels in adjacent water bodies, wetland areas or water supply wells shall be terminated until such time as a satisfactory plan is developed and implemented to maintain water levels in such areas.

(11)

Existing mines that pre-date the effective date of this section shall be subject to the requirements of section 45-813(g) of this Code.

(12)

Changes in ownership or operation of an approved mine existing before or after the adoption of this section shall be reported [to] the board in writing within 60 days of the change [in] operation and shall include the name, address and telephone number of the new owner or operator.

(13)

In determining compliance with this subsection the county may rely on the expertise of the state and federal permitting agencies.

(a)

Definition. "Mini-warehouse" means a storage building that is subdivided by partitions into spaces for storage by individuals and/or small businesses.

(b)

Supplemental regulations.

(1)

Mini-warehouses shall be allowed in the PUD, C-3, C-4, IL, and IH zoning districts and allowed by special use permit in the C-2 zoning district.

(2)

Outside or open storage associated with mini-warehouses may be allowed only if screened from view from all adjacent properties in accord with the open storage screening and buffering standards of article VII.

(a)

Uses defined.

(1)

A motor sports facility is a road racing track or circuit and related facilities designed to provide the opportunity for one or more of the following:

a.

To race for auto clubs and amateur drivers.

b.

To test land based motor vehicles.

c.

To hold driving schools.

d.

To race competitively.

e.

It may include road racing, dirt track circuits, competitive go-kart racing circuits, monster truck rallies, mud bogging, motor cross or drag racing events.

(2)

"Motor vehicles" as used herein means any form of land based vehicle, including, but not limited to, automobiles, trucks, four-wheel drive vehicles and motorcycles.

(b)

The following are typical uses and structures that may be associated with a racetrack facility:

(1)

A road racing track, course, circuit or strip, with related pit lanes, entry and exit roads.

(2)

Concession stands for food, beverages and motor sport related merchandise.

(3)

Fuel and fluids sales area including pumps to service track users.

(4)

Offices, meeting rooms, vehicle garages, maintenance workshop, equipment and inventory storage and restrooms.

(5)

Garages for short-term rental.

(6)

Vehicle concourse and displays.

(7)

Campground areas for short term rental to competitors and associated crews.

(8)

Residence for property manager and/or security, maintenance and management staff.

(9)

Motor vehicle shows.

(c)

Standards and conditions for approval. A motor sports facility may only be established by a PUD zoning district, which shall, at minimum, address the following:

(1)

The design of the road racing surface including, if applicable, pit lanes with entry and exit roads onto the main track. The road racing surface shall be a minimum of 500 feet from the nearest property line of any property on which there is a residential use or structure.

(2)

The provision of grassed run-off areas, concrete barrier walls, sand traps, marshal posts and drainage culverts as required by sanctioning bodies and/or insurance companies.

(3)

The provision of sufficient parking and drainage.

(4)

Fire and emergency services such that all race events involving more than five vehicles are on the road surface simultaneously shall have in attendance at least one fire prevention equipped truck and ambulance with a trained crew. All corner worker stations along the track shall be equipped with fire extinguishers. No race event shall occur unless there are proper fire and emergency service vehicles on site. If emergency medical service is not on site, all racing events shall cease until it returns to the site.

(5)

Verification of department of environmental protection and water management district permits or letter of no regulatory action required for the storage, dispensing and handling of water, petroleum products and hazardous materials.

(6)

Solid and liquid waste collection stations, including specialized areas for handling for hazardous materials and petroleum-based waste.

(7)

Sound levels. In addressing sound levels, the county shall consider the following standards:

a.

No individual, primarily, land operated vehicle will be allowed to operate at more than 115 decibels at a 50-foot drive by.

b.

The noise level requirements under the noise control ordinance of Putnam County for AG zoning shall be met.

c.

Additional sound dampening design requirements may be required under the PUD development agreement.

(8)

Maximum height of buildings.

(9)

Maximum building and impervious coverage.

(10)

Minimum parcel area and setback for buildings and other facilities.

(11)

Minimum frontage on a paved county or state road with sufficient level of service and roadway capacity to support the use.

(12)

Landscaping and buffering. At a minimum, the following standards shall be met:

a.

In addition to any landscaping screening or buffering standards that may be required by article VII, no area of the site is to be visible from a public right-of-way prior to initiation of the use except where public rights-of-way abuts the site.

b.

The property shall be bordered along its property line or boundary with a minimum four-foot high agricultural fence or in the alternative a vegetative barrier designed to be at least dense enough to significantly impede access to the property.

c.

Existing native vegetation is to be retained and maintained where it does not constitute a danger to track users or interfere with overall use of the property as a motor sports facility.

(13)

Sewage disposal and potable water supply.

(14)

Signage. At a minimum, the following standards shall be met:

a.

Signs shall be subject to the requirements of article VIII of this Code.

b.

Additional advertising signs may be allowed inside the motor sports facility boundaries along the track or circuit and may serve a dual purpose as a sound barrier, provided that they are no higher than 12 feet in height and are not visible outside the park.

(15)

Lighting. At a minimum a plan shall be provided that includes expert analysis showing that the lighting will not have an unreasonable negative impact on any surrounding property.

(16)

Hours of operation for regular use and special events.

(17)

Protection of environmentally sensitive lands and compliance with resource protection standards of article VI of this Code.

(18)

Traffic study, which shall include a level of service and roadway safety impacts from the proposed motor sports facility.

(19)

Nothing herein shall be read to limit the board of county commissioner's authority to impose additional or more stringent conditions on the approved motor sports facility.

(a)

Defined. The applicable zoning district for outdoor storage and display uses will be defined by type of use, and is generally limited to recreational vehicles, boats, automobiles, trucks, heavy equipment, mobile homes, portable storage buildings, plant nurseries, flea markets and bulk storage of construction materials.

(b)

Standards.

(1)

Prior to establishing a use that includes outdoor storage or display, the use shall be reviewed by the development review committee (DRC) as a Type II use to ensure compliance with setbacks, site improvement, buffering, and drainage requirements. Formal review by the DRC may be waived by the director, if the director is satisfied that the requirements of this subsection have been met and the applicant is not seeking any waivers or variances from this subsection.

(2)

Outdoor storage and display shall occur in a defined area identified on a site plan approved by the department. Storage or display shall be prohibited inside established rights-of-way or required buffer areas.

(3)

Outdoor storage and display areas shall be subject to the landscaping and buffering requirements of article VII, division 3 of this Code, and treated as a Group 5 use under Tables 7.03A and 7.03B of this Code.

(4)

Access drives, customer parking and display areas shall be paved.

(a)

Definitions.

(1)

Accessory uses or structures means designed, intended, and used to serve only overnight guests of the park.

(2)

Cabin means a structure, the use of which may be for permanent housing, that is permanently affixed to the ground and shall comply with the building code and regulations as adopted by the board of county commissioners and the statutes and regulations of the state concerning buildings, electrical installations, plumbing, and sanitation systems.

(3)

Campsite is a generic term encompassing any site to be used for an RV, tent, cabin, or park trailer.

(4)

Overnight recreational park means any facility where guests are invited for overnight stays for short-term recreational purposes, and which includes overnight facilities other than a primitive campground. The use may be in the form of an RV park, fish camp, hunting camp, religious retreat, eco-tourism lodge, dude ranch, or other such use. Where a use meets the definition of both "religious facility" and "overnight recreational park," it shall be treated as an "overnight recreational park."

(5)

Park trailer means a transportable unit which has a body width not exceeding 14 feet and which is built on a single chassis and which does not exceed 400 square feet when constructed to ANSI A-119.5 standards, and 500 square feet when constructed to U.S. Department of Housing and Urban Development standards.

(6)

Recreational vehicle (RV) means a vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation uses, permanently identified as a recreational vehicle by the manufacturer of the vehicle, having a width not exceeding 14 feet, and an overall dimension not exceeding 500 square feet, when constructed to the U.S. Department of Housing and Urban Development standards and shall include the following:

a.

Camping trailer (including the terms "pop-up or pop-out trailer") means a canvas folding structure, mounted on wheels and designed for travel, recreation or vacation use.

b.

Motor home means a portable, temporary dwelling to be used for travel, recreation or vacation uses, and constructed as an integral part of a self-propelled vehicle.

c.

Travel trailer, (including the term "fifth-wheel trailer") is primarily designed and constructed to be drawn by another vehicle.

d.

Truck camper (including the terms "pick-up coach," "topper" or "slide out camper") means a structure designed to be mounted on the bed or chassis of a truck.

(7)

RV site means any site to be used for RV, cabin, or park trailer.

(b)

Standards. The following standards apply to all new overnight recreational parks:

(1)

For purposes of this section, overnight recreational parks shall be deemed a non-residential use where density is concerned. All new overnight recreational parks shall be rezoned to PUD. Any expansion or modification of an existing overnight recreational park shall require approval of either a PUD zoning or vesting as described in subsection (c) below.

(2)

Minimum parcel size and maximum impervious surface. The minimum size shall be 20 acres, unless located in a commercial zoning district, in which case the minimum size shall be five acres; and the use shall not exceed the maximum impervious surface allowed for residential uses under the applicable comprehensive plan future land use category, except that parks located in a commercial future land use category shall be subject to the impervious surface limitation of 85 percent, as set forth in the comprehensive plan.

(3)

Uses allowed. The following uses may be allowed:

a.

RV

b.

Cabins

c.

Lodge

d.

Meeting facilities

e.

Primitive camping

f.

Caretaker residence

g.

Accessory recreational facilities, e.g., golf course, tennis courts, pool, marina, docks

h.

Accessory retail, e.g., camp store, dive shop

i.

Accessory administrative and other service facilities

j.

Accessory rentals, e.g., boat, canoe, bicycle

(4)

Maximum stay. The maximum length of stay shall be 90 consecutive days or 120 nonconsecutive days within a 12-month period, with a minimum break of two weeks between stays at the same park. The owner of the park shall maintain accurate rental and occupancy records indicating when customers check-in and when they check-out of the park, which shall be made available for inspection during regular business hours upon request from the director or his designee. With the exception of a caretaker residence(s) lawfully constructed in accordance with the applicable Florida Building Code, park facilities shall not be used as a permanent housing option. The length of stay may be extended up to 180 consecutive days pursuant to a temporary use permit if the person(s) requesting the extension is staying as a result of a demonstrated extreme hardship situation such as a medical emergency, the destruction of a principle home by fire, flood, or other calamity, subject to the following:

a.

The permit shall have a maximum duration of six months.

b.

The person(s) requesting the additional time shall have access to lawfully permitted electrical power, potable water, and bathroom facilities. If the person(s) requesting additional time will be making use of an RV site, the RV site must have a potable water hook up and a lawfully permitted sewer hookup at the RV site or usable dump station on-premises.

(5)

Minimum setbacks. A minimum distance of 20 feet will be maintained between all RVs, tents, or other overnight units.

(6)

Buffers. An overnight recreational park shall be treated as a Group 3 use and subject to the buffering and screening requirements under this Code as a Group 3 use.

(7)

Sanitation.

a.

An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings, camp sites within the park to meet the requirements of the park. Each camp site shall be provided with a cold water tap. An adequate supply of hot water shall be provided at all times for all bathing, washing, cleaning, and laundry facilities.

b.

Restroom and shower facilities shall be provided in accordance with requirements of the state department of health and rehabilitative services, division of health. Such facilities shall be so located as to be reasonably available to all travel trailer spaces and campsites. Sewage effluent may only be disposed of in approved sanitary stations as herein provided.

c.

A central sanitary sewer system shall be provided with connectors to each RV site. Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings within the park shall be discharged into a public sewer system. Upon demonstration that alternative systems of wastewater disposal are not feasible and that there will be no adverse impacts on groundwater, a package treatment plant meeting the requirements of the county health department and the state department of health and rehabilitative services, division of health, may be allowed.

d.

Approved garbage cans with tight fitting covers shall be provided in quantities adequate to permit disposal no farther than 300 feet from any camp site. The cans shall be kept in good repair at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that the garbage cans shall not overflow. The use of a central garbage collection system shall be permitted as an alternative.

(8)

Campsites.

a.

Each campsite shall be clearly defined on the ground and shall abut on a street or on a driveway with unobstructed access to a street, and each camp site shall contain no more than one RV, cabin, park trailer, or tent, and accessory structures.

b.

Each campsite shall contain a minimum of 1,500 square feet and shall have a minimum width of 30 feet.

c.

The requirements for paving, street lighting, electrical outlets and water taps may be waived in whole or in part where the approved site plan provides for a density in all or any portion of the campground of four spaces or less per gross acre, and where such spaces are designed and intended to afford the users thereof an opportunity to camp in a quiet, uncongested and natural setting.

d.

For RV campsites: each RV site shall have an electrical outlet with adequate amperage available to provide the needs of each RV. All such outlets shall be weatherproof. Permanent carports and accessory enclosures may be included in each RV campsite, provided that such enclosures are not attached in any fashion to the RVs.

(9)

Park trailers and cabins. Park trailers and cabins shall be limited in size to 500 square feet.

(10)

Street and driveway improvements.

a.

All streets and driveways shall be paved in accordance with the specifications as set forth in article VII of this Code.

b.

All two-way streets and driveways shall have a minimum width of 20 feet. All one-way streets and driveways shall have a minimum width of ten feet.

c.

Street lighting. All streets and driveways within the campground shall be lighted at night with electric lights providing a minimum average illumination of 0.2 foot-candle.

(11)

Fires.

a.

Fires shall be permitted only in stoves, fireplaces, and other equipment intended for such purposes.

b.

Firefighting and protection equipment shall be provided at appropriate locations within the park. All equipment shall be maintained in good operating condition and its location shall be adequately marked. Inspection, maintenance, and marking of firefighting equipment shall be in accordance with those standards established by the national fire codes (National Fire Protection Association International) and the rules and regulations of the State of Florida fire marshal.

(12)

Service stores. A service store, if provided, shall be internally located within the park and shall not be provided separate driveway access or signage along an exterior road.

(13)

Site plan. The special use permit application shall contain a complete site plan at a scale of not less than 50 feet to the inch and showing:

a.

The area and dimensions of the proposed overnight recreational park.

b.

The street and lot layout.

c.

The location of water lines, sanitary sewer lines, natural gas lines, manholes, fire hydrants, and street lights.

d.

A preliminary drainage plan prepared by a registered engineer.

e.

Location and dimensions of all cabins, lodges, sanitation facilities, recreational facilities, buffers, office structures, utility buildings, service stores and impervious surfaces.

(c)

Vesting of established overnight recreational parks.

(1)

Definition of established overnight recreational park. An established overnight recreational park is an existing campground, fish camp, dude ranch, RV park and other overnight recreational facility that was lawfully established in Putnam County prior to the effective date of this article and has remained in continuous operation without interruption, vacancy or abandonment of normal operations for more than 240 consecutive days, but which may not conform to all of the standards required under this subsection.

(2)

Expansion. The expansion of these established facilities, and the structures or improvements that support them, shall generally be subject to the nonconforming use and/or structure standards under article IX, division 3 of this Code.

(3)

Vesting an established overnight recreational facility. An established overnight recreational facility that does not meet the minimum standards of this subsection may be administratively vested in order to maintain and repair the use as established, if there is competent substantial evidence that the following criteria have been met:

a.

The use and the structures and improvements supporting the use were lawfully established at least 90 days prior to the effective date of this article.

b.

The use and the structures and improvements supporting the use have continued without interruption, vacancy or abandonment of normal operations for more 240 consecutive days.

c.

The structures and improvements supporting the use are in a safe and operable working condition and comply with applicable building code and health department regulations.

d.

The maximum length of stay for an established overnight recreational park shall not exceed 180 consecutive or nonconsecutive days in a 12-month period.

(4)

[Request for vesting hearing.] Overnight recreational parks that cannot be administratively vested for any reason may request a vesting hearing before the board of county commissioners pursuant to the process in article IX of this Code. The applicant may also seek a rezoning of the park to PUD.

(5)

Effect. The owner of an overnight recreational facility that is vested pursuant to paragraph (3) above will be permitted to repair significant damage or deterioration of those existing structures or improvements, or even replace existing structures or improvements with structures or improvements of the same size used for the same purpose without need of a special use permit or a nonconforming use determination and without concern that he or she will be required to cease operations.

A vesting determination under this subsection does not:

1.

Preclude or preempt the county building official, the fire marshal, the health department or any other state or federal regulatory agency from requiring such uses to come into compliance with the codes or regulations as may be enforced by those offices.

2.

Preclude the department from enforcing minimum property maintenance and life/safety standards.

3.

Preclude the department from requiring compliance with the county's flood hazard area protection requirements as provided for in article VI, division 5 of this Code.

(a)

Defined. A recreational facility or park designed, intended and used for transient overnight stays in tents or pop-up campers and passive accessory uses only.

(b)

Standards.

(1)

A potable water tap shall be provided to each campsite, when required by the Florida Department of Health.

(2)

Joint bathroom facilities shall be provided within 300 feet of each campsite, when required by the department of health.

(3)

All primitive campgrounds other than those owned and operated by the USDA Forest Service or the State of Florida shall be permitted by special use permit, unless otherwise permitted in conjunction with an approved temporary use permit.

Farmers who grow produce on property in Putnam County have the right to sell said produce from property they own, or have a lease or rental agreement pursuant to a written agreement in Putnam County subject to the following conditions:

(1)

The sale of said produce will not be undertaken within the public right-of-way, or block a private easement.

(2)

Any structures used in the sale must meet the requirements of the Florida Building Code, or have an approved farm exemption from the building official.

(3)

Sanitation requirements must meet the requirements of the Florida Building Code and the Florida Health Department.

(4)

The property must be zoned AG, C-1, C-2, C-3, C-4, or IL.

(5)

Adequate off street parking and an approved access must be present.

(6)

A substantial portion of the produce sold at the site must be grown on property in Putnam County that is owned, leased or rented by the vendor.

(a)

Definition.

(1)

Religious facility is any use, structure, or group of uses and structures where the primary activity or impetus for the facility is the gathering of people for religious worship, instruction, and associated activities and typically includes, but is not necessarily limited to:

a.

A structure in which assembly for religious purposes takes place;

b.

Classrooms for religious instruction;

c.

Dining hall/social hall;

d.

Playground;

e.

Limited RV sites for traveling pastors or other special guests of the church as provided under section 45-131 of this Code;

f.

A single residence for a church leader or caretaker.

(2)

Uses that may be owned and operated by a religious organization, but which meet the definition of a typical secular land use, shall be subject to the same standards as the secular land use. Such uses include but are not necessarily limited to:

a.

Overnight recreational parks

b.

Educational

c.

Theme parks

d.

Art galleries

e.

Book stores

f.

Day care

g.

Gift shops

(b)

Supplemental standards. In addition to standard dimensional and design requirements of article VII of this Code, religious facilities that are allowed without need of a special use permit shall be subject to the following supplemental standards:

(1)

The use shall have direct access to paved, public roadways with a "minor collector" or higher roadway functional classification and a sufficient level of service and functional capacity to support the use.

(2)

The use is not in a location interior to residential neighborhoods in a manner that will encourage the use of local streets for non-residential traffic.

(3)

The property where the use is to be located is at least one acre in size and has a lot width of at least 100 feet.

(4)

The dimensional (i.e. setbacks and lot width) requirements of the zoning district where the facility is located shall be met.

(c)

Religious facilities less than 10,000 gross square feet of floor area and not on a "minor collector" or higher roadway functional classification may be permitted with approval of a special use permit as provided for in article XII, division 12 of the Land Development Code.

(a)

Definition. "Salvage yard" means any open area where inoperative, dilapidated, abandoned or wrecked materials are bought, sold, exchanged, stored, processed or handled as a principle or accessory use. This term shall include operations primarily engaged in the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, and operations engaged in the collection, sorting and shipping of materials for purposes of recycling or reuse. Typical materials found in a salvage yard include inoperable automobiles, trucks, tractors, wagons, boats or other kinds of vehicles and parts thereof, as well as scrap materials, scrap building materials, scrap contractors' equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, appliances, furniture and the like.

(b)

Supplementary regulations.

(1)

The setback from any property line which is in a residential district or which is shown for residential use on the future land use map shall be 300 feet.

(2)

The entire area occupied by a salvage yard shall be surrounded by a continuous solid masonry wall or opaque fence eight feet in height without openings, except for entrances and exits, which shall be equipped with solid gates. Materials stored in the salvage yard shall not be visible above the wall or fence, and shall not be placed in any required setback area. Fabric or plastic sheets or nets shall not be used as part of the fence or attached to a fence for the purpose of affecting the required opacity.

(3)

Salvage yards shall be limited to the IH zoning district; except that recycling operation conducted in connection with a solid waste facility may be located in the zoning district where such solid waste facility are allowed, subject to any conditions or requirements related to the solid waste facility.

The following provisions are intended to comply with F.S. § 163.3205. Solar facilities are permitted in all agricultural zoning districts and buffer and landscape requirements may not exceed the requirements of other facilities permitted in agricultural land use categories and zoning districts.

(a)

Definition. A "solar farm" (solar energy production and solar generation stations) shall be defined as a production facility for electric power which uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite. A solar facility consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components. A solar facility may include accessory administration or data/maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

(b)

Standards.

(1)

Ground-mounted fixed-panel photovoltaic solar farms shall be considered an allowable use in agriculture intensive, commercial agriculture-related, agriculture and agriculture estate.

(2)

Setbacks for solar panels shall be as follows: Front—25 feet, side—10 feet and rear—10 feet.

(3)

There shall be a ten foot landscape buffer with 75 percent opacity, within 36 months after planting adjacent to residential use or zoning.

(4)

Solar farms which increase all corresponding setbacks by increments of ten feet may increase the allowed impervious surface by increments of five percent of the development of the site.

(5)

In addition to increased setback values, increasing the width of the vegetated buffer by increments of ten feet may also allow an increase in impervious surface by five percent.

(6)

Internal pathways shall adhere to access width requirements established by the NFPA.

(Ord. No. 2024-024, 12-10-2024)

(a)

Definition. "Solid waste facility" means a land site used primarily for the disposal or transfer by transporting, dumping, burying, burning, or other means and for whatever purposes, of garbage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, and other waste, scrap, debris or discarded material of any kind, including, but not limited to, Class I, II and III landfills, construction demolition debris landfills, solid waste transfer facilities, hazardous waste transfer facilities, recycling centers, composting and other yard waste facilities, and other substantially similar facilities and uses.

(b)

Location—Generally. Location of solid waste facilities, regardless of type, shall be limited to the land use category(s) in the future land use element of the Putnam County Comprehensive Plan that expressly allows for such facilities. The location of solid waste facilities shall be further limited, based the type of solid waste activity, to the following zoning districts:

(1)

Class III landfills, construction debris landfills, compost and yard trash facilities (as defined by Florida Statutes and Florida Administrative Code) may be allowed in the P-1 or P-2 zoning district by special use permit.

(2)

Class I, Class II landfills (as defined by Florida Statutes and Florida Administrative Code) and any other solid waste facility not specifically listed under paragraph (1), above, shall only be allowed in the P-2 or IH zoning district by special use permit.

(c)

Standards.

(1)

In no case shall any solid waste facility be allowed to operate without the appropriate state licensing, registrations or approvals as required by state law. The absence of a state permit requirement shall not exempt a solid waste facility from the requirements of this Code, unless expressly preempted by state law.

(2)

The minimum lot size for Class III landfills, construction and debris landfills, and yard trash facilities is 30 acres. The minimum lot size for Class I, Class II landfills is 100 acres.

(3)

Solid waste facilities and associated uses or structures shall be subject to the following setbacks:

a.

Front, rear, and side yards shall be a minimum of 300 feet.

b.

When adjacent to a property with a residential dwelling unit, there shall be no disposal of wastes within 1,000 feet of the closest portion of the dwelling unit or private potable water well, whichever provides the greater setback distance.

c.

The use shall not be within 1,000 feet of a school, house of worship, or hospital, measured on a straight line along the shortest distance between the perimeter of the solid waste facility and the boundary of the property upon which the school, house of worship, or hospital is located.

d.

Class I and II landfills only shall be located at least 10,000 feet from any licensed and operating airport runway used by turbine powered aircraft, and 5,000 feet from any licensed and operating airport runway used only by piston engine aircraft, unless the applicant demonstrates that the facility is designed and will be operated so that it does not pose a bird hazard to aircraft.

(4)

The use shall comply, at a minimum, with the buffering and screening standards of Table 7.03A and Table 7.03B of the Land Development Code as a Group 6 land use.

(5)

The use shall obtain all required department of environmental protection or department of health approvals prior to taking any action to develop the property for the use.

(6)

Except as provided in paragraph (12), below, the maximum height shall be 30 feet above the natural grade of the land at the location of the proposed solid waste facility; except that the closure height may extend up to 70 feet above natural grade if approved by special use permit and if the solid waste facility operation provides an additional 50 feet of setback from the property line for every additional one foot in height over 30 feet.

(7)

The hours of operation of any solid waste facility shall be set as a permit condition by the zoning board of adjustment, or board of county commissioners in the case of a PUD, but in all cases, shall not extend beyond sundown or commence prior to sunrise.

(8)

The use of the property as a solid waste facility shall be recorded on deeds and surveys of the property; including deeds and surveys of the property related further subdivisions of the property.

(9)

The entire solid waste facility shall be fenced to prohibit vehicle and foot access, with the exception of the entrance and exit, neither of which shall be greater than 45 feet in width. The entrance and exits must be blocked off and locked when the solid waste facility is not in operation. Ingress and egress to the solid waste facility shall not take place on a local road if the local road passes through established residential neighborhoods.

(10)

The operator on duty must be properly certified in identifying and handling hazardous wastes.

(11)

Airborne particles must be contained on site by spray irrigation or any other environmentally sound dust control method.

(12)

The closure elevation of a construction demolition debris landfill or yard trash landfill operated as part of a reclamation plan for a borrow area shall have no vertical rise above natural grade or the elevation indicated by the appropriate U.S.G.S. quad map.

(13)

Any setback requirements shall be respected with regard to the entire operation, including accessory uses or structures. Setbacks areas shall not be filled with or used for storage of debris or waste of any kind for any period of time.

(Ord. No. 2024-024, 12-10-2024)

(a)

Definitions.

(1)

Vehicular repair means any building, structure, or land used for major vehicular repair such as body work, frame repair, interior repair, major mechanical repair, painting, welding or tire recapping.

(2)

Vehicular service means any building, structure or land used for dispensing, sale or offering for sale at retail of any fuel, oils, accessories and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy vehicular maintenance activities, such as engine overhauls, painting, and body fender work are conducted.

(3)

Vehicle or vehicular shall include cars, trucks, motorcycles, and marine craft including boats and personal watercraft. This shall not include "heavy vehicles or equipment."

(b)

Supplementary regulations. The following provisions shall apply to the location, design, construction and operation of commercial vehicular service and repair uses, provided, however, that more restrictive requirements in article VII shall take precedence:

(1)

Street frontage:

a.

On a corner lot each street frontage must be at least 100 feet.

b.

On an interior lot the street frontage must be at least 100 feet.

(2)

No driveway or curb cut for a driveway should be located within ten feet of an adjoining property line, as extended to the curve or pavement, or within 20 feet of any exterior (corner) lot line or street intersection. The number of curb breaks or driveways giving access to a single street shall not exceed two for each 100 feet of street frontage, each having a width of not more than 40 feet or less than 25 feet. Any two driveways giving access to a single street shall be separated by an island with a minimum dimension of 20 feet at both the right-of-way line and the curb or edge of the pavement.

(3)

All lights and lighting shall be so designed and arranged so that no source of light shall be uncomfortably harsh or glaring to any residential district; this provision shall not be construed to prohibit interior-lighted signs.

(4)

No main or accessory building, no gasoline pump or canopy and no storage tank shall be located within 25 feet of any property that is residentially zoned. No gasoline pump shall be located within 20 feet of any street right-of-way. Canopy roofs, but not support structures, may extend into setback areas to adequately cover fueling facilities.

(Ord. No. 2024-024, 12-10-2024)