The overlay zone regulations contained in this division are supplemental to the underlying zoning district classifications established by Sumter County. The provisions of this section shall be overlaid and imposed in addition to underlying development regulations.

(a)

Established. The following areas, as defined and determined to be environmentally sensitive in Policy 4.8.4 of the Conservation Element of the comprehensive plan, are hereby established as "environmental" overlay zones meaning that these zones may be used in a manner permitted in the underlying future land use category only if such use is permitted in the applicable overlay zone.

(1)

Wetlands. Wetland areas shall be as determined by SWFWMD, and such determined wetland areas shall be considered "environmental" overlay zones.

(2)

Natural reservations as identified in policy 4.9.2 of the conservation element of the comprehensive plan.

(3)

Local areas of environmental concern as identified in the conservation element of the comprehensive plan.

(b)

Density/intensity/use limitations. Notwithstanding the base and potential for increased densities per sections 13-414 and 13-415, development densities and intensities and uses within the environmental overlay zones shall be subject to the following:

(1)

Development within the agricultural category shall be reduced to one (1) dwelling unit per ten (10) acres unless mitigation measures to overcome the development constraints are provided, including central water and central sewer.

(2)

Development within an urban development area and in other residential categories shall be reduced as follows:

a.

Developments without central water or central sewer shall be limited to one (1) dwelling unit per five (5) gross acres.

b.

Developments with central water and individual septic tanks shall be limited to one (1) dwelling unit per two and one-half (2½) acres.

c.

Developments with both central water and central sewer shall be limited to the density/intensity/use limitations allowed by the applicable zoning district.

(3)

Notwithstanding the uses permitted by this chapter, development activity shall comply with regional, state, or federal regulatory agency having authority in wetlands.

(Ord. No. 2024-35, § 3(Att. A), 12-10-24)

(a)

Established. Areas with soils that have severe limitations for septic tank use, as described in Policy 3.2.1.6 of the Infrastructure Element of the comprehensive plan, and/or belong to the hydrologic group "D" are hereby established as "constrained" overlay zones, meaning that these zones are overlaid upon future land use categories and the lands may be used in a manner permitted in the underlying zoning district only if and to the extent such use is also permitted in the applicable overlay zone.

Notwithstanding the presumption above, a property owner may prepare the necessary studies to rebut the finding that his property has the constraints indicated in Policy 3.2.1.6 of the Infrastructure Element. Such studies shall include verification of soil types by a soil scientist or geologist. The results of a study shall be utilized as follows:

(1)

If the total of the actual constrained area plus the wetlands and 100-year floodplain area is less than fifty (50) percent of the proposed development tract, the development will not be subject to the density and minimum lot size adjustments of subsection (b), provided all proposed development occurs on the unconstrained portion of the development tract.

(2)

If the total of the actual constrained area plus the wetlands and 100-year floodplain area is fifty (50) percent or more of the proposed development tract, the development shall be subject to the density and minimum lot size adjustments of subsection (b).

(b)

Density/intensity/use limitations. Notwithstanding the base and potential increased densities of sections 13-414 and 13-415, development intensities within the areas determined to be constrained overlay zones shall be subject to the following. The maximum densities shown below may not be attainable, however, due to limitations imposed by environmental agencies.

(1)

In the agricultural future land use category.

a.

Where gross development density is not more than one (1) dwelling unit per ten (10) acres, the minimum parcel size shall be as follows:

1.

Where no central water and sewer system are provided—Five (5) acres.

2.

Where central water and sewer system are provided, and:

a)

One (1) to four (4) lots are created—Two and one-half (2.5) acres.

b)

Five (5) to one hundred (100) lots are created—One (1) acre.

b.

Where gross development density is between one (1) dwelling unit per five (5) acres and one (1) dwelling unit per ten (10) acres, the minimum parcel size shall be as follows:

1.

Where no central water and sewer system are provided—Five (5) acres.

2.

Where central water system and individual septic tanks are provided—Two and one-half (2.5) acres.

3.

Where central water and sewer system are provided—One-fourth (¼) acre.

(2)

In rural and low, medium and high-density residential categories:

a.

Where no central water and sewer system are provided: Five (5) acres.

b.

Where central water system and individual septic tanks are provided: Two and one-half (2.5) acres.

c.

Where central water and sewer system are provided: As allowed by the FLUM category.

(Ord. No. 2024-35, § 3(Att. A), 12-10-24)

(a)

Established. As directed by Policy 4.5.2 of the Conservation Element of the comprehensive plan, wellfield and aquifer protection zones shall be created around existing and future wellfields for public water supply systems, as defined in Chapter 62-550.200, F.A.C, to protect such wellfields from possible contamination. The following "wellfield protection" overlay zones are hereby established:

(1)

Primary zone—The area within a 200-foot radius circle around each wellhead.

(2)

Secondary zone—The area within a 500-foot radius circle around each wellhead, less the primary zone.

Land within the wellhead protection zones may be used in a manner permitted in the underlying future land use category only if such use is permitted in the applicable overlay zone. For wellfields where individual wellhead protection areas overlap due to clustering, single combined primary and secondary zones will be assigned. For purposes of implementing this subsection, the county administrator or designee shall prepare and maintain a wellfield protection map identifying all public water supply system wellfields protection zones.

(b)

Density/intensity/use limitations. Notwithstanding the base and potential increased densities of sections 13-414 and 13-415, development densities and intensities within the wellfield protection overlay zones shall be subject to the following:

(1)

The following uses shall be prohibited within the primary and secondary zones:

a.

Sanitary landfills.

b.

Industrial landfills or other surface impoundments.

c.

Wastewater treatment facilities such as plants, treatment ponds, and RIBs. However, sanitary collection systems and force mains, and distribution lines for reclaimed water meeting FDEP treatment requirements may be allowed as long as they meet the setback distances required by FDEP. Irrigation areas using reclaimed water meeting FDEP treatment requirements are exempt.

d.

Facilities that produce, use or store hazardous materials at or above established threshold amounts listed in Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. s. 11001, et seq. (SARA) and the Florida Hazardous Materials Emergency Response and Community Right-to-Know Act of 1988, F.S. Ch. 252, Pt. II.

e.

Petroleum storage and dispensing facilities.

f.

Junkyards or salvage operations.

g.

Mines.

h.

Airport refueling facilities.

i.

Railroads and pipelines that may be used to transport pollutants or contaminants.

j.

Excavation of waterways or drainage facilities that intersect the water table. Stormwater management systems constructed under SWFWMD permits and not discharging contaminants are exempt.

k.

Proposed, existing or potential sanitary hazards (as defined in 62-550.200 FAC), or other conditions which may adversely impact the ambient groundwater water quality of the existing and proposed wells.

(2)

For future wellfields, the owner of the wellfield (or a utility or governmental or quasi-governmental body) shall own or legally control all of the land within the primary zone. The land uses within the secondary zone shall be controlled by the owner of the wellfield (or a utility or governmental or quasi-governmental body) either through direct ownership or legal control or easements, or if the well is a part of a unified development, through use and site development approval and deed restrictions. Land uses within the secondary zone shall be controlled during the zoning process for the wellfield and for subsequent land use changes or development permits that may occur within this zone.

(3)

Existing uses within the wellhead protection zones that violate this policy shall be evaluated by the county with advice from the SWFWMD to determine any risk to health, safety and welfare from possible contamination of the water source. The county shall determine necessary action, if any, for each wellfield.

(Ord. No. 2024-35, § 3(Att. A), 12-10-24)

(a)

Established. Flood hazard areas are lands hereby established as follows:

(1)

The term flood hazard area refers to certain areas whose boundaries have been established by The Flood Insurance Study for Sumter County, Florida, and Incorporated Areas dated September 27, 2013, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps.

(2)

Parcels designated as being located in a flood hazard area pursuant to subsection a. may only have such designation removed when an official determination issued by FEMA that amends or revises the effective flood insurance rate map or flood insurance study.

(b)

Density/intensity/use limitations. Notwithstanding the base and increased densities of sections 13-414 and 13-415, development densities, intensities and uses within the floodplain overlay zones shall be subject to the following:

(1)

For development in the 100-year floodplain within the urban development area density shall be limited to one (1) residential unit per five (5) acres unless an adequate site plan and mitigation measures to overcome the development constraints is provided or a FEMA letter of map revision indicates that the area is no longer within the flood hazard area.

(2)

For development in the flood hazard area within the agricultural category—Gross density shall be limited to one (1) residential unit per ten (10) acres unless an adequate site plan and mitigation measures to overcome the development constraints is provided.

(3)

As Outstanding Florida Waters, the quality of the waters of the Withlacoochee River and Little Withlacoochee River shall be protected. Development within the Withlacoochee River and Little Withlacoochee River riverine floodplain, as depicted on the flood insurance rate maps, shall be regulated to reduce or eliminate adverse impacts to the existing water quality of the rivers as follows:

a.

Gross density shall not be permitted at more than one (1) dwelling unit per ten (10) acres.

b.

New lots within the flood hazard shall be a minimum of ten (10) acres and contain adequate uplands to accommodate development.

c.

Clustered development must occur outside the flood hazard area.

(Ord. No. 2024-35, § 3(Att. A), 12-10-24)

(a)

Purpose and intent. The purpose of the economic activity center (EAC) is to encourage mixed used development, including industrial, commercial, office, educational, civic, institutional, and residential uses in areas appropriate for intensification based on the presence of existing or planned public services and utilities. Promoting compact and centralized growth will attract major employers to the area while preserving the rural and agricultural character of the County. The County's Economic Activity Centers have been divided into three (3) primary areas and two (2) secondary areas. Primary EACs are located near high priority roadways within Florida's Strategic Intermodal Systems while Secondary EACs are generally located on arterial roads near major intersections. Primary EACs focus on large-scale employment that fulfills regional needs while secondary EACs focus on smaller scale employment concentrations.

(b)

Applicability. The provisions of this section apply to the following EACs (for official boundaries, refer to Maps 8-1 through 8-5 of the Sumter County Comprehensive Plan.

(1)

Primary EAC 1 is generally located at the intersection of the Florida Turnpike, Interstate 75 and SR 44, northeast of Lake Panasoffkee.

(2)

Primary EAC 2 is generally located between Interstate 75 and US 301, with CR 470 connecting the two (2) highways.

(3)

Primary EAC 3 is generally located in the northeast corner of the county, east of US 441.

(4)

Secondary EAC 1 is generally located at the intersection of CR-48 and SR 471, with the bulk of the center south of CR-48.

(5)

Secondary EAC 2 is generally located at the intersection of SR 50 and SR 471.

(c)

Densities/intensities. The applicant within an EAC may elect to rezone to a conventional zoning district or to PUD. In either case, the development densities and intensities allowed by Table 1.1 of the comprehensive plan shall apply:

(d)

Minimum standards. Policy 1.6.3 of the Sumter County Comprehensive Plan contains the minimum requirements for changing a site's future land use designation to General Commercial or Industrial. Those standards, listed below, shall be reflected in the approved development:

(1)

New commercial and industrial land uses shall gain access from a collector or arterial roadway;

(2)

New commercial or industrial sites shall have few environmental constraints, or the impacts shall be mitigated.

(3)

The project site must be of sufficient size to meet land development regulations, including road access, internal circulations, parking, drainage, and setback/buffers (unless modified standards are approved per subsection (e) below);

(4)

New industrial and commercial land uses within a designated utility service area shall connect to available public facilities or have a service agreement with the utility provider addressing future connection; and

(5)

Necessary facilities and services shall be available or planned to support the commercial or industrial use.

(e)

Development incentives.

(1)

Concurrent review of applications. Applicants in an economic activity center are eligible to have their zoning and site plan applications processed concurrently.

(2)

Expedited review. Applicants for development in an economic activity center are eligible to have their site plan reviewed administratively (unless it is rezoned to PUD).

(3)

Modified standards. The approving authority (BOCC if processed as a PUD or the county administrator or designee if no BOCC review is required) may approve reduced setbacks, parking, landscaping, buffer, and/or open space standards based on the following concessions by the applicant. The extent of the modification shall be determined on a case-by-case basis, depending on site specific situations and development compatibility with surrounding areas.

a.

Applications for developments that result in at least ten (10) net new full-time jobs or increase employment by at least ten (10) percent of countywide employment in the following targeted industries:

• Manufacturing

• Agribusiness research and development

• Distribution

b.

Applications for development that create at least ten (10) net new full-time jobs that pay an average annual wage that is at least one hundred fifteen (115) percent of the local average wage for Sumter County.

c.

Mixed-use developments with at least twenty-five (25) percent of its residential units certified as "Affordable Housing" by Sumter County. Such units will be subject to an agreement to ensure the units remain affordable for a period of no less than thirty (30) years.

(Ord. No. 2024-35, § 3(Att. A), 12-10-24)