(1)

Use. No building or structure shall be erected, and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this chapter as a conforming use and as allowed in the zoning district in which such land, building, structure or premises is located. If necessary in the enforcement of this chapter, any interpretations regarding the proposed permitting of any use which is not specifically defined or enumerated in this chapter in a specific zoning district shall be based on definitions in the most recent standard industrial classification publication and the intent of the specific zoning district.

(2)

Height. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered, so as to exceed the height limit specified in this chapter for the zoning district in which such building or structure is located, unless a variance is approved by the planning commission.

(3)

Percentage of lot occupancy. No building or structure or premises shall be erected or occupied or used so as to provide a greater percentage of lot occupancy than is allowed under the general terms of exception within this chapter or the specific terms of the zoning district in which such building, structure or premises is located.

(4)

Density. No building, structure or premises shall be erected or occupied or used so as to provide a greater density than is allowed under the terms of this chapter for the zoning district and the future land use map designation within the comprehensive plan in which such building, structure or premises is located, except when increased densities are permitted due to the application of one of the following innovative land development techniques:

(a)

Density clustering designed to protect wetlands or habitats for threatened or endangered species, and which provides for density to be maintained at the residential land use density for that land use designation but allows actual development to be addressed by transfer of density.

(b)

In a PUD or SC-PUD development, density of use, which usually may not exceed the density or intensity otherwise permitted under the applicable future land use map designation, may be increased if requirements are exceeded with respect to:

1.

Dedication or permanent preservation of open space and natural areas;

2.

Provision of public facilities serving areas with existing deficiencies outside the development;

3.

Provision of low and moderate income housing as part of the overall housing in the development; and

4.

Provision of employment opportunities in the resulting development.

The maximum density increase for any one factor listed above shall be ten percent and the overall density increase shall be limited to 25 percent.

(c)

Density transfers from a donor parcel that is not contiguous to the parcel receiving the density increase, when an appropriate instrument is placed in the public record limiting the use of the donor parcel or conveying the donor parcel or the development rights of the donor parcel to an appropriate public or nonprofit entity. Such transfers may only occur as part of a PUD or SC-PUD.

(d)

Property approved for a family homestead exemption, pursuant to the requirements of section 7-29, is exempt from the density standards of the comprehensive plan future land use map designation and the applicable zoning district.

(5)

Open space use limitation. No yard or other open space provided about any building or structure for the purpose of complying with the regulations of this chapter shall be considered as providing a yard or open space for any other building or structure.

(6)

Required lot and occupancy. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one building or structure on one lot except as otherwise provided in this chapter.

(7)

Responsibilities of planning department. The planning department shall be responsible for the monitoring and enforcement of the provisions of the zoning regulations as set forth in the land development code. The department shall also monitor special planning areas for compliance with the intent of the codes. Such special land use areas shall include the special planning area associated with Wakulla Springs. Land use amendments and rezoning applications within such designated areas shall be reviewed for consistency and monitored for compliance with all county codes and applicable approval conditions and restrictions.

(8)

Violation of approval conditions or restrictions. A violation of land use approval conditions or restrictions may result in code enforcement or additional legal action including the filing of liens against a property to reimburse the cost of cleaning, maintenance, or repairing of a site to ensure compliance with the codes. Property that is found to be in violation of such land use conditions or restrictions shall not receive additional county land use approval or development permits until the identified violation has been corrected to the satisfaction of the county.

(Ord. No. 85-4, 7-23-1985; Ord. No. 94-28, § 3, 7-5-1994; Ord. No. 2001-06, § 1, 4-16-2001; Ord. No. 13-17, § 1, 6-17-2013)

(1)

In general. Where uncertainty exists with respect to the boundaries of any of the regular and overlay districts, as shown on the official zoning atlas, the following rules shall apply.

(2)

Lines of features. Unless otherwise indicated, district boundaries are indicated and shall be construed as approximately following property lines; land lot lines; center lines of streets, highways, alleys or railroads; shorelines of reservoirs or other bodies of water; or other civil boundaries.

(3)

Center lines. Where district boundaries are approximately parallel to the center lines of streets, highways or railroads, streams, reservoirs or other bodies of water, or the extension of such center lines, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning atlas. If no distance is given, such dimensions shall be determined by the use of the scale shown on the official zoning atlas.

(4)

Divided lots. Where a district boundary line, as appearing on the official zoning atlas, divides a lot which is in single ownership at the time of enactment, the use classification of the large portion may be extended to the remainder of the property by the zoning official without recourse to the amendment procedure.

(5)

Reversion of streets. Where a public road, street or alley is officially vacated or abandoned, the regulations applying to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

(6)

Determination by board. In case the exact location of a boundary cannot be determined by the foregoing methods, the board of adjustment shall upon application determine the location of the boundary.

(Ord. No. 85-4, 7-23-1985)

Where a lot or parcel of land has an area or frontage, or both, which does not conform with the requirements of the district in which it is located, but has a minimum lot area of 5,000 square feet and was a lot of record at the effective date of this Code, such lot or parcel of land may be used for a single-family dwelling in any residential district, provided the minimum yard requirements for standard lots in the district in which the lot is located are maintained. Substandard lots of record which do not have an area of at least 5,000 square feet shall not be built upon unless relief is obtained through action of the board of adjustment. Mobile homes may be allowed on a substandard lot of record only in those districts wherein mobile homes are allowed as a principal or conditional use under article III of chapter 5 of this Code, provided that the minimum yard requirements for standard lots in the district in which the lot on which the mobile home is to be placed is located are maintained.

(Ord. No. 85-4, 7-23-1985; Ord. No. 86-3, § 6, 4-2-1986)

(1)

Obstructions. Every part of a required yard shall be open from its lowest point to the sky, unobstructed except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features, eaves, flues and chimneys. No such projection shall exceed 30 inches in width.

(2)

Lot abutting an alley. Whenever a lot abuts upon an alley, one-half of the alley width may be considered as a portion of the required rear yard.

(3)

Terraces in front yards. An open, paved terrace may project into a required front yard for a distance not to exceed ten feet.

(Ord. No. 85-4, 7-23-1985)

(1)

Continuation of nonconforming uses or buildings. Where at the time of adoption of this Code lawful uses of land exist which would not be permitted by the regulations imposed by this Code, the uses may be continued or expanded at the discretion of the board of county commissioners so long as they otherwise remain lawful, provided:

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land or larger building or structure than was occupied at the effective date of the adoption of this Code or the effective date of any Code amendment which has the effect of rendering such use as nonconforming.

(b)

Any structure or building or portion thereof declared unsafe may be restored to a safe condition.

(c)

A nonconforming building may be maintained and repairs and alterations may be made, except that no structural alterations shall be made except those required by law, including eminent domain proceedings. Repairs, such as plumbing or changing of partitions or other nonstructural alterations, are permitted.

(d)

No such nonconforming use shall be moved or extended in whole or in part to any portion of the lot or parcel other than that portion occupied by such use at the effective date of the adoption of this Code or the effective date of any Code amendment which renders such use nonconforming.

(e)

If any nonconforming use of land is discontinued or abandoned voluntarily for a period of six months or more, any subsequent use of such land shall conform to the regulations specified by this code for the district in which such land is located.

(f)

No additional structure which does not conform to the regulations of this Code shall be erected in connection with such nonconforming use of land.

(g)

No nonconforming use shall be restored in the event that the building or structure in which the principal use is carried on is damaged to the extent of more than 50 percent of the value of said building or structure at the time of proposed restoration.

(h)

In the event that the nonconforming use is a mobile home located in a district which otherwise prohibits mobile homes, if the mobile home is for any reason moved from that parcel no mobile home may thereafter be located on that parcel unless the board of county commissioners grants a variance after recommendation by the planning commission.

(2)

Reversion. A nonconforming use which is changed to a conforming use shall not be permitted to revert to any nonconforming use.

(3)

Nonconformance not grounds for variance. The presence of a nonconforming use or structure in a zoning district shall not be allowable as legal grounds for granting of variances for other surrounding properties.

(Ord. No. 85-4, 7-23-1985; Ord. No. 86-3, § 11, 4-2-1986; Ord. No. 88-1, 1-18-1988; Ord. No. 88-43, 10-5-1988; Ord. No. 88-49, 11-21-1988)

(1)

Certification. Each page of the official zoning atlas shall be identified by the signature of the chairman of the county commission and attested by the county clerk, and shall bear the Seal of the County of Wakulla under the following words:

This is to certify that this is page _______ of the Official Zoning Atlas referred to and adopted by reference by Ordinance No. _______ of Wakulla County, Florida, adopted _______, 19___.

(2)

Designation of districts. The boundaries of each district shall be shown on the official zoning atlas, and the district symbol shall be used to designate each district.

(3)

Changes in district boundaries. Whenever, in accordance with the provisions of these zoning regulations and applicable provisions of state law, changes are made in any district boundaries or any other matters portrayed on the official zoning atlas, such changes shall be entered promptly on the official zoning atlas after the amendment has been enacted or approved by the county commission with an entry signed by the chairman and attested by the county clerk on the appropriate page of the official zoning atlas as follows:

This is to certify that the Official Zoning Atlas was changed as shown on this page by Ordinance No. _______ of Wakulla County, Florida, adopted _______, 19___.

(4)

Copies of ordinances. Copies of all ordinances authorizing changes in the official zoning atlas shall be kept separately bound by the building and zoning official in a manner that enables easy reference to verify changes. No amendment to the zoning regulations which involves matter portrayed in the official zoning atlas shall become effective until such change and entry have been made on the official zoning atlas in the manner herein set forth. Such change shall be made within three working days after the effective date of the adoption of the amendment.

(5)

Unauthorized changes prohibited. No changes of any nature shall be made on the official zoning atlas or any matter shown thereon except in conformity with the procedures set forth in this Code. Any unauthorized change of any kind by any person shall be considered a violation of this Code and punishable as provided herein.

(6)

Final authority as to zoning. Regardless of the existence of purported copies of all or part of the official zoning atlas which may from time to time be made or published, the official zoning atlas and copies of ordinances authorizing changes thereto, both of which shall be located in the building and zoning office, shall be the final authority as to the current zoning status of all lands and waters in the county.

(7)

Copy of official zoning atlas. A copy of the initial atlas and all ordinances subsequently amending the initial atlas shall be made and kept in a place outside the building the original atlas is kept in. Should the original atlas become lost or destroyed, this copy and the amending ordinances will be used to reconstruct the current official zoning atlas.

(8)

Replacement of official zoning atlas. The official zoning atlas, or a particular part or parts thereof, may be replaced as follows:

(a)

If the official atlas or any page or portion thereof becomes lost, damaged, destroyed or difficult to interpret because of the nature or number of changes, the county commission may by resolution adopt a new official zoning atlas or part thereof, which shall supersede the prior official atlas or part thereof. The new official zoning atlas, or portion thereof, may correct errors in drafting or other errors in the prior official atlas but shall not have the effect of amending the original official atlas or portion thereof.

(b)

If, in the process of adopting a replacement official zoning atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to the zoning regulations.

(c)

The new official zoning atlas, or page or portion thereof, shall be authenticated as was the original, with wording as follows:

This is to certify that this Official Zoning Atlas (or page or pages thereof) replaced the Official Zoning Atlas (or page or pages thereof) as part of Ordinance No. _______ of Wakulla County, Florida, adopted _______, 19___.

(d)

Unless the prior official zoning atlas has been lost or totally destroyed, the prior atlas or any existing significant parts thereof shall be preserved as a public record, together with all available records pertaining to its adoption or amendment.

(Ord. No. 85-4, 7-23-1985)

Certain uses are temporary in nature. These temporary uses vary in type and degree, as well as length of time involved. Such temporary uses may have little impact on surrounding and nearby properties, or they may present questions about the potential incompatibility of the temporary use with existing uses on surrounding and nearby properties. Unless otherwise specified in these zoning regulations and this Code, the following regulations shall govern temporary uses:

(1)

Temporary use permits issued by the board of county commissioners. The board of county commissioners may issue a temporary use permit for the following uses:

(a)

In agricultural, commercial and industrial zoning districts. Commercial circuses, carnivals, outdoor concerts and similar uses must submit an application for a temporary use permit to the planning and community development department, together with such fees as set through resolution by the board of county commissioners.

(b)

In any zoning district. Any temporary use permit which exceeds 25 percent of the gross area of the subject property in which the use will take place is requested to take place in excess of 30 consecutive or nonconsecutive days per calendar year, or otherwise meets the requirements of this section and this Code may be approved by the board of county commissioners.

(c)

Temporary use on commercially zoned parcels. Temporary uses on commercially zoned parcels are limited to 80 days total per calendar year.

(2)

The planning commission may issue a temporary use permit for the following use: in any residential zoning district which allows mobile homes, in addition to the principal residential dwelling, one recreational vehicle may be authorized for use as a residence, provided the following requirements are satisfied:

(a)

The recreational vehicle is occupied by persons related by consanguinity, adoption, or marriage to the family occupying the principal residential dwelling. For purposes of this section, a "recreational vehicle" is any vehicle described in section 2-4(154)(a) of the Wakulla County Land Development Code, and which is equipped with living space and amenities found in a home, including a kitchen, bathroom, sleeping area, and living area.

(b)

The applicant or family member must provide proof that a medical hardship exists. To demonstrate the existence of a medical hardship, the occupant of the principal residential dwelling or the occupant of the recreational vehicle must provide a written certification from a physician licensed in the State of Florida identifying the medical hardship which he or she has and specifying the extent of the need for in-house medical care and the anticipated length of time such care will be required.

(c)

The property granted the temporary use permit shall be exempt from lot area requirements for the period of time during which the temporary use is authorized, however, the recreational vehicle approved by this section shall comply with all required lot setbacks. In addition, the recreational vehicle shall not be located within 20 feet of any building.

(d)

The temporary use permit for the recreational vehicle may be granted for a period of up to one year. Such temporary use may be extended upon approval of the planning and community development director for additional periods of up to one year each upon submission of proof of the continued medical hardship.

(e)

If the planning commission approves the temporary use, the property owners of the parcel on which the recreational vehicle will be located and the proposed residents of the recreational vehicle must enter into a temporary use agreement with the planning commission setting forth any and all conditions for receipt and use of the temporary use permit required by the county or by federal or state law. Such agreement must be approved by the planning commission prior to issuance of a development permit by the division of planning and community development and prior to issuance of the permits required by chapter 8 of the Land Development Code.

(f)

Upon approval of the temporary use agreement, but prior to its being used as a dwelling unit, the recreational vehicle must be connected to a septic system or to a central wastewater system. In addition, the recreational vehicle must be connected to an approved source of power and have all electrical and plumbing inspections performed by the Wakulla County Building Department and the Wakulla County Health Department, as applicable. The temporary use permit will only be issued after all conditions of the temporary use agreement have been satisfied and inspection and testing of all plumbing and electrical system connections have been completed and the connections are found to be in compliance with any and all requirements imposed by federal, state, or local law.

(g)

Once all conditions of the temporary use agreement have been satisfied, the owner shall receive the temporary use permit from the division of planning and community development as previously approved by the planning commission.

(h)

If the hardship ceases to exist, the person residing in the recreational vehicle must immediately cease using the recreational vehicle as a dwelling and properly disconnect the vehicle from the central sewer or septic system and other utilities.

This temporary use shall be referred to as a "family enclave" for purposes of this section. Those with valid family enclave temporary use permits as of April 1, 2013, shall be allowed to continue to use a mobile home as a secondary residence pursuant to that permit, but must meet all other requirements of this section at the time for extension of the permit if they intend to seek such an extension.

(3)

Temporary use permits issued by the planning and community development director. Certain uses are of short duration and do not create excessive incompatibility during the course of the use. The planning and community development director is authorized to issue temporary use permits for the following activities, after a showing that any nuisance or hazardous features involved are suitably separated from adjacent uses; excessive vehicular traffic will not be generated on residential streets; a vehicular parking problem will not be created; there will be not be any adverse impacts to public facilities; and public health will be protected. The planning and community development director has the authority to attach conditions of approval, as provided for in this section, and any other conditions that the planning and community development director deems necessary:

(a)

In any zoning district.

l.

Special events operated by nonprofit, charitable organizations.

2.

Christmas tree sales lots operated by nonprofit, charitable organizations.

3.

Other uses which are similar to subsections (2)(a)1 and 2 of this section and which are of a temporary nature and the period of use will not extend beyond 30 days.

4.

Mobile homes or travel trailers used for temporary purposes by any agency of municipal, county, state, or federal government; provided such uses shall not be or include a residential use.

5.

Mobile homes or travel trailers used as a residence, temporary office, security shelter, or shelter for materials of goods incident to construction on or development of the premises upon which the mobile home or trailer is located. Such use shall be strictly limited to the time construction or development is actively underway. In no event shall the use continue more than 12 months without the further approval of the planning and community development director. The planning and community development director shall give such approval only upon finding that actual construction is continuing.

6.

Following the declaration of a state of emergency issued by the governor for a natural emergency as defined in F.S. § 252.34(8), during which a permanent residential structure, legally existing on the residential property, was damaged and rendered uninhabitable, one temporary shelter may be placed on the residential property for up to 36 months after the date of the declaration or until a certificate of occupancy is issued on the permanent residential structure on the property, whichever occurs first, if all of the following conditions are satisfied:

i.

The resident makes a good faith effort to rebuild or renovate the damaged permanent residential structure, including, but not limited to, applying for a building permit, submitting a plan or design to the county, or obtaining a construction loan;

ii.

The temporary shelter is connected to water and wastewater utilities (either central sewer or a septic system) and electric utilities, and does not present a threat to health and human safety;

iii.

The resident lives in the temporary shelter.

The property owner must file an application for temporary use with the planning and community development director demonstrating conformity with the above-stated conditions for review and approval by the planning and community development director.

For the purposes of this subsection 5-7(3)(a)6., the term "temporary shelter" shall include, but is not limited to, a recreational vehicle, trailer, or similar structure placed on a residential property.

(b)

In agricultural, commercial, and industrial districts. Temporary religious or revival activities in tents.

(c)

In any residential zoning district. Temporary residency for up to 12 months in a travel trailer, if the primary residence is destroyed by fire, flood, or other natural disaster, other than a declared state of emergency issued by the governor for a natural emergency as defined in F.S. § 252.34(8). The property owner must file an application for temporary use with the planning and community development director for review and approval. During the 12-month period, the property owner must apply for permits to replace the primary residence and commence construction. Should the temporary residency require a time extension beyond the initial 12-month period, in a hardship situation the property owner must make an application for temporary use to be reviewed at public hearing, in front of the board of county commissioners for approval.

(d)

In any commercial or industrial zoning district. Temporary tents and the sale of merchandise and/or goods for consumption. Examples include: firework sales, arts and crafts sales, mobile food vending, roadside fruit stands and other similar activities. Such services must comply with the respective uses set forth in the designated zoning district of the subject property. For approval, the temporary use must comply with the applicable provisions of subsection (2)(f) of this section and any additional requirements of the Code.

(e)

Any temporary use approved by the planning and community development director shall comply with all applicable provisions in this subsection and the Code:

1.

Temporary uses shall not exceed 25 percent of the gross area of the subject property in which the use will take place.

2.

Temporary uses on non-commercially zoned property shall not exceed 30 consecutive days or nonconsecutive days within one calendar year.

3.

Except as provided in subsection (g), temporary uses on commercially zoned parcels shall not exceed 80 days total per calendar year.

(f)

The planning and community development director may extend a previously issued temporary use permit that complies with the applicable provisions in this subsection and the Code:

1.

For a period not to exceed an additional ten consecutive or non-consecutive days, upon the receipt of a new application and any applicable fees. This extension may only occur if it is determined that the temporary use has not adversely impacted the nearby and surrounding properties or otherwise caused an incompatibility with existing uses.

2.

Temporary uses on commercially zoned parcels for the exclusive sale of food or produce that were in operation in the county on May 1, 2012, may be extended beyond 80 days in any calendar year for an additional period of 365 consecutive calendar days under the following conditions:

i.

Extensions may only occur upon receipt of a new application and any applicable fees;

ii.

The planning and community development director must determine that the temporary use has not adversely impacted the nearby and surrounding properties or otherwise caused an incompatibility with existing uses;

iii.

Application for the temporary use extension must be received by the planning and community development director no later than November 1, 2012; and

iv.

The temporary use must comply with all other applicable provisions of this section and the Code.

v.

After the expiration of the 365-day extension, no temporary use for the sale of food or produce will be permitted on the site.

(4)

Contents of a complete temporary use permit application. A complete application shall include the following information, in triplicate, to include payment of the appropriate fee set by resolution of the board of county commissioners:

(a)

Current warranty deed and legal description for the subject property.

(b)

Letter of authorization by property owner, if applicable.

(c)

A site plan pursuant to section 5-10.

(d)

Temporary uses, other than mobile food vendors meeting the requirements of section 5-7(2)(e) that will exceed 30 consecutive days and will involve the on-site preparation of food shall require the demonstration of the availability of on-site restroom facilities, access to hot and cold running water, agreements for the disposal of wastewater, and any other items deemed necessary by the county and the health department to protect public health and safety.

(e)

Any required federal, state, or local licenses for operation.

(f)

Any other items the planning and community development director deems necessary.

(5)

Review process for a temporary use permit application.

(a)

Upon receipt of a complete application, the planning and community development director shall place the item on the next scheduled technical review committee meeting.

(b)

During the technical review committee meeting, the director shall determine whether the temporary use permit application should be reviewed by the board of county commissioners, or whether the temporary use permit application can be approved pursuant to this subsection (4).

(c)

For applications going before the board of county commissioners, the planning and community development department shall forward the temporary use permit application to the planning commission for review and shall erect a sign providing notice of the request on a prominent position on the subject property. The planning commission shall review the temporary use permit application at a public hearing that has been advertised in accordance with the due public notice laws outlined in the Code. All matters relating to the planning commission's consideration of the temporary use permit application shall be public record. At the public hearing, the applicant may appear in person or by agent or attorney. The planning commission shall make a recommendation to the board of county commissioners on the approval, approval with conditions or denial of the temporary use permit application and this recommendation shall be advisory only and not binding upon the board of county commissioners. Within a reasonable time after receiving the planning commission's recommendation on the temporary use permit application, the board of county commissioners shall hold a public hearing to consider the request. The board of county commissioners shall fix a reasonable time for the hearing, give public notice thereof, as well as due notice to the parties involved. At the hearing, an applicant may appear in person or by agent or attorney.

(d)

Any temporary use requests extending beyond the time frames set forth in this section must be placed on the agenda for the next scheduled board of county commissioners hearing, following the requirements of due public notice set forth by this Code.

(e)

Prior to granting a temporary use permit, the board of county commissioners or planning and community development department shall ensure that:

1.

Any nuisance or hazardous feature involved in the temporary use is suitably separate from adjacent uses;

2.

Excessive vehicular traffic will not be generated, particularly along residential streets; and

3.

A vehicular parking problem will not be created.

(f)

The temporary use permit, if granted, shall be granted for a specific time period, at the end of which, if the permitted temporary use has not been discontinued, it shall be deemed a violation of these zoning regulations and shall be subject to enforcement action of the Code, including, but not limited to, code enforcement action.

(g)

Any appeals of determinations made under this section shall be pursuant to chapter 3 of this Code.

(Ord. No. 2008-28, 11-17-2008; Ord. No. 12-25, §§ 2, 3, 9-4-2012; Ord. No. 2013-15, § 3, 5-6-2013; Ord. No. 2014-09, § 2, 8-4-2014; Ord. No. 2015-8, § 4, 6-1-2015; Ord. No. 2018-06, § 2, 2-20-2018; Ord. No. 2021-21, § 2, 8-2-2021; Ord. No. 2022-30, § 3, 7-18-2022; Ord. No. 2023-32, §§ 2, 3, 11-20-2023)

Cross reference— Temporary construction offices, § 6-22.