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Webster City Zoning Code

DIVISION 3

ZONING DISTRICTS

Sec. 13-420. - General.

This division defines and establishes zoning districts, as allowed within each future land use category specified in division 2.

District AbbreviationsDistrict Name
Agriculture
 A10 General Agricultural with Optional Housing
 A10C General Agricultural with Conventional Housing
 AC Agricultural Conservation
Residential
 RR1 Low Density Rural Residential with Optional Housing
 RR1C Low Density Rural Residential with Conventional Housing
 R4M Medium Density Residential with Mobile Home Housing
 R4C Medium Density Residential with Conventional Housing
 R6M High Density Residential with Mobile Home Housing
 R6C High Density Residential with Conventional Housing
Commercial
 CN Neighborhood Commercial
 CL Light Commercial
 CH Heavy Commercial
 CR Regional Commercial
 DTMU Downtown Mixed-Use
Industrial
 ID Industrial
Recreation
 REC Recreation
Public/Institutional
 PIE Public/Institution/Education
Conservation
 CV Conservation
Planned Developments
 WMUPD Webster Mixed Use Planned Development
 RPUD Residential Planned Unit Development
 RVPUD Recreational Vehicle Planned Unit Development
 CP Planned Commercial
 IP Planned Industrial

 

(Ord. No. 2023-26, § 3(Att.), 11-16-2023)

Sec. 13-421. - Zoning districts established.

To accommodate the future land use categories and associated densities and intensities established in division 2, and to protect and preserve property values from the encroachment of detrimental or adverse use of the land, the following zoning districts are hereby established by category, and generally described.

Sec. 13-422. - Residential zoning districts.

(a)

Residential districts. These districts identify and provide for lands which are suitable for residential uses. Unless specified otherwise in this Code, in rural residential zoning districts, the numeric value in the district title generally denotes the minimum parcel size allowed, in acres. In residential zones, the numeric value denotes the maximum number of dwelling units allowed per gross acre. The letter "C" following the designation denotes that only conventional construction and class A manufactured homes are allowed. The letter "M" denotes that class A and B manufactured homes are allowed in addition to conventional construction.

(1)

Rural residential districts (RR1, RR1C). The purpose and intent of the single family rural residential zoning districts is to provide a range of densities, promote a rural residential atmosphere where families, depending on the district, may reside in one conventional or Class A or B mobile home dwelling unit per parcel and grow food and keep livestock for domestic use, and also to provide a buffer between agricultural and higher density residential uses. See table 13-431A for permitted uses.

(2)

Suburban residential zoning districts (R4M and R4C; and R6M, and R6C). The purpose and intent of the suburban residential zoning districts is to provide a range of suburban densities, residential atmosphere where families, depending on the district, may reside in one conventional or Class A or B mobile home dwelling unit per parcel, or a multifamily building, and to provide a buffer between districts of lower and higher residential densities, commercial or other more intensive zoning districts. See table 13-431A for permitted uses.

(3)

Urban residential zoning districts (R6W). The purpose and intent of the urban residential zoning districts is to provide a range of urban densities, residential atmosphere where families may reside in one conventional or Class A or B mobile home dwelling unit per parcel or a multifamily building, and to provide a buffer between districts of lower and higher residential densities, commercial or other more intensive zoning districts. See table 13-431A for permitted uses.

(4)

Planned unit development district. This district identifies and provides for lands which are suitable for unified development consisting of uses allowed in one or more zoning districts provided the properties which are located in a mixed use land use category, or are developed as developments of regional impact, have unique or innovative development types, and are therefore suitable for unified development.

The purpose of this category is to provide flexibility to the developer who subdivides property for construction of buildings on lots created in accordance with a unified and coherent plan of development. Such plan must be consistent with the public health, safety and welfare and not exceed the gross density allowed by this Code. PUDs are subject to the provisions of sections 13-411 through 13-414. In addition, the approving authority may require a density below the maximum base density when conditions warrant. Factors such as site and location characteristics, roadway conditions, or any other factor which makes more intense development inappropriate, shall be considered. The properties on which such land use is located should be of such size, shape and location as to permit development of well-organized facilities with proper access roads, ingress and egress, off-street parking, loading space, open space and other necessary requirements and amenities. A planned unit development may require a comprehensive plan amendment as a mixed use category prior to a RPUD or RVPUD zoning and development permits being issued.

a.

RPUD (Residential Planned Unit Development) Zoning District.

1.

Purpose and intent. The purpose and intent of this zoning district is to provide lands which are suitable for planned residential communities, multi-family or mixed-use residential/commercial developments, on relatively large tracts of land under unified ownership or control, while encouraging coherent, flexible and creative concepts of site planning which:

a)

Accomplishes a more desirable environment than would be possible through the standard zoning requirements.

b)

Provides a stable environmental character compatible with surrounding areas.

c)

Creates functional and attractive developments.

d)

Preserves the natural amenities of the land by providing scenic and functional open areas.

e)

Provides for an efficient use of land resulting in a smaller network of utilities and streets and thereby lowering development and housing costs.

2.

Optional and mandatory PUD.

a)

Optional PUD. PUD is optional within urban development areas when:

1)

Residential development does not exceed the base density allowed by the comprehensive plan and this Code, and

2)

The residential development is not more than 150 dwelling units inside an urban development boundary or 100 dwelling units outside an urban development boundary, or if with a mix of uses, residential/commercial development does not exceed 20 percent of the development of regional impact threshold as established by F.S. ch. 380.

3)

Optional PUD does not require a comprehensive plan amendment.

b)

Mandatory PUD. PUD is mandatory when:

1)

The property is located within a mixed use land use category, or

2)

The residential development is more than 150 dwelling units inside an urban development boundary or 100 dwelling units outside an urban development boundary, or if with a mix of uses, residential/commercial development exceeds 20 percent of the development of regional impact threshold as established by F.S. ch. 380.

3.

Design. All RPUDs shall be designed and developed so as to prevent traffic congestion, provide for the most efficient use of public facilities and services, promote compatibility with surrounding land uses, and preserve the integrity of the neighborhoods within which they are located.

4.

Location. RPUDs shall be located as follows:

a)

In UDAs. All RPUDs proposed for location within areas designated as urban development areas on the FLUM shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a paved and county maintained local road at a location with direct access, of not more than one-quarter mile in length, to an arterial or collector road.

b)

Outside of UDAs. All proposed RPUDs outside of urban development areas on the FLUM shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a county maintained paved road with direct access, of not more than one-quarter mile in length, to an arterial or collector road.

5.

Size. The minimum size requirements for an RPUD Zoning District are as follows:

a)

Outside an urban development boundary on the FLUM—20 acres and a minimum of 101 dwelling units.

b)

Within an urban development boundary on the FLUM—Ten acres, except that development within urban development areas where all units qualify as low-income housing may be allowed on five acres.

c)

Within the commercial category on the FLUM—Five acres, except that development within urban development areas where all units qualify as low-income housing may be allowed on two and one-half acres.

6.

Commercial/residential floor area. In addition to density/intensity requirements in other sections of this Code, the following minimum and maximum commercial and residential gross floor area requirements shall apply to RPUD districts:

a)

Within designated residential categories, the commercial floor area shall not exceed ten percent of the residential gross floor area approved for occupancy.

b)

Within designated commercial categories, the residential floor area approved for occupancy shall not exceed the commercial gross floor area approved for occupancy.

c)

Within designated agricultural categories, there must be at least 20 square feet but not more than 70 square feet of commercial floor area approved for occupancy for every dwelling unit approved for occupancy.

7.

Open space. RPUDs shall provide the following minimum area as common open space:

a)

Within an urban development area—25 percent of the required development tract.

b)

Outside of urban development area—50 percent of the required development tract.

8.

Principal uses. The principal uses allowed in an RPUD shall be limited to those specified in the approved RPUD master plan.

9.

Recreation. RPUDs of 200 or more residential units shall provide recreational facilities appropriate to the area.

b.

RVPUD (Recreational Vehicle Planned Unit Development) zoning district.

1.

Purpose and intent. The purpose and intent of this zoning district is to provide lands which are suitable for providing camping facilities for the traveling public on a temporary or transient basis, and facilities for "extended occupancy" camping for semi-permanent residents, on relatively large tracts of land, while encouraging coherent, flexible and creative concepts of site planning which:

a)

Are planned and developed in a single development operation or programmed series of development operations for recreational vehicles and related uses and facilities, and

b)

Establish appropriate standards for the location, development and operation of RVPUDs which provide an outdoor setting, and a means whereby such uses occurring upon the land will be compatible with surrounding properties.

2.

Mandatory RV planned unit development (RVPUD). All recreational vehicle developments shall be developed under RVPUD zoning and the principal use in this zoning district shall be sites occupied by RVs. Outdoor recreation, tents and cabins, and functionally dependent facilities are allowed as accessory uses in this zoning district.

a)

Use approval conditions.

1)

RVPUDs within commercial land use areas inside an urban expansion area are permitted uses at the densities specified in section 13-422 (b)(2)e.

2)

RVPUDs within the low density residential land use areas inside an urban expansion area may be approved at the densities specified in section 13-422 (b)(2)e. The approving authority may grant approval subject to conditions of development deemed necessary to assure compatibility with surrounding land uses.

3)

RVPUDs within rural residential land use areas inside an urban expansion area may be approved at the densities specified in section 13-422 (b)(2)e. The approving authority may grant approval subject to conditions of development deemed necessary to assure compatibility with surrounding land uses.

4)

All RVPUD development outside of an urban expansion area requires a comprehensive plan amendment to the Mixed Use land use category (Policy 1.6.7 of the Future Land Use Element of the Sumter County Comprehensive Plan). Densities will be controlled according to the standards for mixed use. Upon adoption of the required land use, an application for RVPUD may be filed. The approving authority may grant approval subject to conditions of development deemed necessary to assure compatibility with surrounding land uses.

b)

Use considerations. Because of the higher densities of RVPUDs, and because of the residential/commercial nature, placement of this use requires special consideration. The reviewing and deciding authorities must consider the impact of the use on surrounding property.

In addition to application materials required for special use applications under this Code or for comprehensive plan amendments, RVPUD use requests must provide impact studies included in a form provided by the director.

3.

Utilities. All RVPUDs must supply central potable water and central sanitary sewer facilities.

4.

Location. RVPUDs shall be located as follows:

a)

In UDAs. All RVPUDs proposed for location in areas designated as urban expansion development areas on the county comprehensive plan future land use map (FLUM) shall be in the low density residential, rural residential or commercial areas on said map and shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a paved and county maintained local road at a location with direct access of not more than one-quarter mile in length to an arterial or collector road.

b)

Outside of UDAs. In addition to meeting the requirements of F.S. § 163.3167 et seq. and Comprehensive Plan Future Land Use Element Policy 1.6.7, all RVPUDs proposed for location outside of areas designated as urban development areas on the FLUM must achieve a minimum score of seventy (70) points pursuant to section 13-412(b)(1) and shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a paved and county maintained local road at a location with direct access of not more than one-quarter mile in length to an arterial or collector road.

c)

Conflict with residential areas. An RVPUD shall be so located so that no park entrance or exit unnecessarily discharges traffic into or requires movement through any residential district.

d)

All RVPUD zoning districts shall be located so as to have a minimum of 330 feet frontage on a publicly maintained road.

5.

Size. The minimum size requirements for an RVPUD Zoning District are as follows:

a)

All RVPUDs proposed for location within areas designated as urban expansion areas shall have a minimum land area of:

1)

Within the low density residential future land use category, 20 acres.

2)

Within the rural residential future land use category, ten acres.

3)

Within the commercial future land use category, five acres.

b)

All RVPUDs proposed for locations outside of areas designated as urban expansion areas shall have a minimum of 101 RV sites and a minimum land area of 20 acres.

6.

Densities. The maximum allowable densities in RVPUDs shall be controlled according to land use location as follows:

a)

Within an urban expansion area:

1)

Commercial future land use: 14 units per gross acre.

2)

Rural residential future land use: Ten units per gross acre.

3)

Low density residential future land use: Six units per gross acre.

b)

Outside an urban expansion area: Four units per gross acre.

7.

Commercial facilities. In addition to density/intensity requirements in other sections of this Code, the following minimum and maximum commercial gross floor area requirements shall apply to RVPUD zoning districts.

a)

Outside of urban expansion areas. At any time, there must be at least ten square feet, but not more than 25 square feet, of commercial floor area approved for occupancy for every RV space approved for occupancy.

b)

In urban development areas. Commercial development is not required, but if provided, the commercial floor area shall not exceed 35 square feet of commercial for every RV space approved for occupancy.

8.

Open space. RVPUDs shall provide the following minimum area as common open space:

a)

Within an urban development area, 25 percent of the required development tract.

b)

Outside of urban development area, 50 percent of the required development tract.

9.

1RV site occupancy. For purposes of type and length of occupancy within an RVPUD, RV sites shall be classified as follows:

a)

Class "A" site. This site may be used for the year round placement and occupancy of an RV. Additions to park or travel trailer RVs, such as enclosed living area, carports, screen rooms and storage rooms of conventional construction are allowed. Class "A" sites shall meet the land use and development standards contained elsewhere in this Code.

b)

Class "B" site. This site is intended for the placement or occupancy of an RV unit, without additions or attachments, for a temporary or transient type of placement and occupancy of not more than six months in any period of 12 consecutive months. Additions such as carports, screen rooms, storage rooms and enclosed living area are prohibited on these sites. Class "B" sites shall meet the land use and development standards contained elsewhere in this Code.

10.

Principal uses. The principal uses allowed in an RVPUD shall be limited to those specified in the approved use application or in the PUD master plan for those requiring comprehensive plan approval.

11.

Design. All RVPUDs shall be designed and developed so as to prevent traffic congestion, provide for the most efficient use of public facilities and services, promote compatibility with surrounding land uses, and preserve the integrity of the neighborhoods within which they are located.

c.

Master planned development category. This zoning district shall be applied to developments proceeding under the density bonus increase policies 1.1.1U and 1.1.2U in the comprehensive plan. It may also be applied to developments in agricultural, rural residential or low density residential or mixed use land use categories where a developer seeks more flexibility in layout and design.

The purpose of this category is to allow planning and design flexibility, and to allow master planning of a development through joint agreements between the developer and council. Such plans must be consistent with the public health, safety and welfare. Master planned developments are subject to the provisions of sections 13-411 through 13-414. The properties on which a master planned development is located should be of such size, shape and location as to permit development of well-organized facilities with proper access roads, ingress and egress, open space and other necessary requirements and amenities.

1.

WMPD (Webster Master Planned Development) Zoning district.

a)

Purpose and intent. The purpose and intent of this zoning district is to provide lands which are suitable for well-designed residential communities, multi-family or mixed-use developments, on appropriately sized tracts of land under unified ownership or control, while encouraging coherent, flexible and creative concepts of site planning which:

1)

Supports the city's master plan that supports an equestrian/tiny house development with additional uses.

2)

Accomplishes a more desirable community and environment than would be possible through the strict application of standard zoning requirements.

3)

Provides a stable community and environmental character compatible with surrounding areas.

4)

Creates functional and attractive developments.

5)

Preserves the natural amenities of the land by providing scenic and functional and interconnected open areas.

6)

Provides for an efficient use of land resulting in a smaller network of utilities and streets and thereby minimizing infrastructure, development and housing costs.

7)

Promotes the establishment of communities that support civic pride and responsibility that permits a range of housing types from large lots to tiny homes.

b)

Optional and mandatory WMPD.

1)

Optional WMPD. WMDP is optional when:

i.

Development does not exceed the base density or intensity allowed by the comprehensive plan and this Code, and

ii.

The developer wishes to have flexibility in land uses, lot sizes, setbacks, and design and is willing to create site design features and improvements beyond the minimum required to enhance the quality of the overall development.

2)

Mandatory WMPD. WMPD is mandatory when the property is proceeding under the density bonus increase policies of the comprehensive plan.

c)

Design standards. Departure from the strict application of land uses, lot size and setback requirements are allowed, however all MPDs shall be designed and developed to promote compatibility with surrounding land uses, assure appropriate supporting infrastructure while minimizing public infrastructure costs, preserve and enhance the natural amenities of the land, conserve natural resources, and provide open spaces. It is the intent of this section to allow dialogue and flexibility of design standards within the master planning process between the applicant and the approving authorities. However, matters of health, safety and welfare shall remain the priorities, and deviation from adopted standards must be approved by the city council. If an applicant requests tiny homes as part of the WMPD, the following standards for tiny homes are required:

Tiny house pocket neighborhood requirements:

1)

A tiny home shall be defined as a principal residential dwelling that has a square footage of between 170 and 1,100. Tiny homes are only permitted within Webster planned mixed use district (WMPD) in a pocket neighborhood setting.

i.

Each dwelling unit shall have a minimum gross floor area of not less than 170 square feet for the first occupant and not less than 100 square feet for each additional occupant.

ii.

Required space in sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

iii.

Minimum ceiling height. Every habitable room, foyer, bathroom, hall or corridor shall have a ceiling height of at least seven feet. If any room has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof, but the floor area of that part of any room where the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

iv.

Structure width. The minimum width of a tiny home must be at least eight and one-half feet, with a maximum of 20 feet.

2)

A tiny house on wheels (THOW), for the purposes of these guidelines, is a structure which is intended as a full time residence or year-round rental property and meets these five conditions:

i.

Built on a trailer that is registered with the builder's local DMV.

ii.

Towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, cannot move (and was not designed to be moved) under its own power.

iii.

Is no larger than allowed by applicable state law. (The typical THOW is no more than eight feet and six inches wide, 30 feet long, and 13 feet and six inches high. Larger tiny houses may require a special commercial driver's license and/or special permits when being towed.) Verify with the DMV that the THOW is within limits of the law.

A.

Roof height is from bottom of tires to the top of the highest exterior point on the house, including any protrusions. The roof height may be taller when stationary, as long as it is collapsible for towing of the THOW. Chimney piping may need to be removed for travel and then reinstalled to meet clearance requirements for use.

B.

Built to the standards of a Florida ASCE structural engineer's approved plans.

iv.

Has at least 170 square feet of first floor interior living space.

v.

Includes basic functional areas that support normal daily routines (such as cooking, sleeping, and toiletry).

3)

The following documentation will be required to be submitted for building permit for a THOW in a pocket neighborhood:

i.

Detailed structural plans illustrating the location of studs, joists, rafters, and engineered connectors (hurricane clips, tension ties, etc.). Plans should clearly address how the structure is secured to the trailer, and how the floors, walls, and roof are framed and sheathed. Plans should also include an illustration of a floor, wall and roof section, showing the building members, insulation, vapor barrier, moisture barrier, sheathing, siding and roofing.

ii.

Detailed diagram of the electrical plan.

iii.

Photographs of the framing, roof, insulation, rough plumbing, and rough electrical.

iv.

A statement describing your construction methods along with the names and addresses of any subcontractors you may have hired.

4)

A tiny home will be permitted within a planned pocket neighborhood. A pocket neighborhood is defined as meeting the following requirements:

i.

A minimum of four tiny homes and maximum of 12 tiny homes per pocket neighborhood.

ii.

25 percent of these home sites may be for THOWs.

iii.

Centralized common area. The common open space area shall include usable public spaces such as lawn, gardens, patios, plazas or scenic viewing area. Common tables, chairs and benches should be provided, with all homes having access to them.

A.

400 square feet of common open space is required per unit.

B.

50 percent of units must have their main entry on the common open space.

C.

All units must be within five feet of each common open space(s). Setbacks cannot be counted towards the common open space calculation.

D.

The principal common open space must be located centrally to the project. Additional common open space can only account for 25 percent of the total requirement with trails and pathways connecting the total development. Passive trails are allowed and may count towards the common open space requirement.

E.

Community buildings or clubhouses can be counted towards the common open space calculation.

F.

Tiny houses must surround the common open space on a minimum of two sides of the green.

G.

Common open space shall be located outside of stormwater/detention ponds, wetlands, streams, lakes, and critical area buffers, and cannot be located on slopes greater than ten percent.

5)

All homes must have both front and rear porches.

i.

Porches shall be oriented towards common open space or street and designed to provide a sense of privacy between units. Porch shall be a minimum of 80 square feet and a minimum of eight feet deep on the common open space side of the building. The square footage of the porch may be reduced to 60 square feet (six by ten feet deep) on units less than 600 total gross square feet.

ii.

Secondary entrances facing the parking and sidewalk are required to have a minimum five-by-five-foot porch.

6)

Pocket neighborhood communities must be part of a condo or homeowner's association to maintain the common areas.

7)

Lot requirements.

i.

Area. The minimum lot area per dwelling unit shall be of 1,200 square feet. Maximum lot area per dwelling unit shall be 3,000 square feet. Maximum lot coverage 40 percent for structure, porches and drives 30 percent.

ii.

Width. Minimum width per lot shall be 18 feet. Maximum width per lot 30 feet.

Iii.

Depth. Minimum length per lot 50 feet. Maximum length per lot 100 feet

8)

Setbacks.

i.

Front setback. Shall be 20 feet to be used for front porch and parking.

ii.

Rear or next to common area the setback shall be five feet for the construction of a rear porch.

iii.

Side setbacks. The sum of side setbacks shall be not less than ten feet. If the side setback adjoins public open space, these setback requirements may be reduced by an amount equal to the distance from the property line to the centerline of the open space.

iv.

A modified setback shall be endorsed upon the approved site plan. No portion of a building or appurtenance shall be constructed as to project into any commonly owned open space. No structure or portion thereof shall be closer than five feet to any structure on an adjacent lot.

9)

Maintenance of open space and utilities. Before approval is granted, the applicant shall submit covenants, deeds and homeowners' association bylaws and other documents guaranteeing maintenance and common fee ownership of public open space, community facilities, private roads and drives, and all other commonly owned and operated property. These documents shall be reviewed and accompanied by a certificate from an attorney that they comply with the requirements of this Code prior to approval. Such documents and conveyances shall be accomplished and be recorded, as applicable, with the county auditor as a condition precedent to the filing of any final plat of the property or division thereof, except that the conveyance of land to a homeowners' association may be recorded simultaneously with the filing of the final plat.

10)

Tiny houses on wheels (THOW) in pocket neighborhoods must comply with the following:

i.

THOWs must be placed in a designated area in the approved site plan of the pocket neighborhood.

ii.

All THOWs must be placed adjacent to common open space area.

iii.

Must meet the tie down and skirting requirements of the mobile home requirements of the land development regulations. The building official may require additional standards to ensure the porches hide any hitches.

d)

Layout. The lots within a WMPD shall be clustered on uplands, in a manner to preserve the function and integrity of the site's natural areas and environmental systems. Flexibility of minimum lot widths and size is allowable, and can be determined during the master plan approval process. Lots must be of sufficient size and width to accommodate structures, and lots of under one half acre will require affirmative justification if standards are not outlined in this section. Lot layout and design must be compatible with the design and layout of the overall site but may permit variations in design that provide an overall consistency. The location of lots shall be arranged in a manner sensitive to the natural areas of the site and shall seek to provide lots with a view of the natural areas or access to the natural areas. The design of the site shall provide for potential future roadway connections to surrounding properties.

e)

Implementation, maintenance, and enforcement. MPDs shall be implemented through:

1)

An approved master plan detailing specific layout, dimensional standards and design features, numbers of lots, allowable uses, and location of open space.

2)

A memorandum of agreement between the developer and the council specifying the details on the responsibility for the provision of infrastructure and its maintenance.

3)

Contracts, conservation easements, and any other legal documents as deemed appropriate by the council to implement the agreement for the WMPD.

4)

Areas of the master planned development that are designated as preservation areas, for habitat enhancement, wetland enhancement, or as expansion of an existing wildlife corridor, must be subject to a conservation easement as defined in F.S. § 704.06, with a third party entity approved by the council. The third party entity may be a public agency or a non-profit agency with long term experience in maintenance of conservation areas.

5)

Plans for habitat enhancement, wildlife management programs, and wetlands enhancements must be designed by a certified biologist, must use best management practices, and meet the approval of the state agency with general or specific authority, jurisdiction and permitting over the usage.

6)

A homeowner's association, as defined in F.S. ch. 720, shall be established and maintained with the duty and authority to implement and maintain the common areas, infrastructure, easements, contracts and agreements as required comply with the approved master plan of development.

7)

Failure of the homeowner's association and the member residents to maintain the provisions of the approved plan of development shall be a violation of this Code and subject to code compliance action.

f)

Location. MPDs may be located as follows:

1)

Mandatory MPDs shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a county maintained paved local road with direct access, of not more than one-quarter mile in length, to an arterial or collector road.

2)

Developments proceeding under the density bonus provisions of policies 1.1.1U and 1.1.2U of the comprehensive plan must be located in an area designated as agricultural land use.

3)

Optional WMPDs may be located in agricultural, rural residential, low density residential or mixed use land use areas. They must be located on or within one quarter mile of an arterial or collector road or other paved and county or city maintained roadway.

g)

Size. The minimum size requirements for an WMDP Zoning District are as follows:

1)

Outside an urban development boundary—40 acres

2)

Within an urban development boundary—20 acres.

h)

Open space. WMPDs shall provide common open spaces. While open space may be used for passive drainage, the primary goal is to be used as natural areas, opportunity to maintain or restore native habitats and recreation for the residents. The open space shall be configured to provide connections to native habitats off-site to create a larger contiguous open space/wildlife network where appropriate.

(Ord. No. 2023-26, § 3(Att.), 11-16-2023)

Sec. 13-423. - Residential dimensional standards.

Table 13-423A contains the dimensional requirements for residential zoning districts described in section 13-422.

Table 13-423A: Residential zoning districts dimensional standards

RR1,
RR1C
R4M, R4CR6M, R6CRPUD 1 RVPUD 1, 2
LOT STANDARDS
Min. lot area 1 ac 10,890 s.f. 7,260 s.f. (R6C)
5,000 s.f. (R6M)
None None
Min. lot width (ft.) 100 50 (10% reduction on lot width
for existing parcels)
None None
MINIMUM SETBACKS (ft.)
Road See section 13-440
Side and Rear 3 5 Side/
10 Rear
10 10 None Class A: 7.5
Class B: 5
Other: 10
BUILDING HEIGHT (ft.)
All uses by right 35 35 35 35 35

 

1 Dimensional standards for PUDs are determined during the rezoning approval process. Additionally, a zero lot line setback will be allowed provided a minimum ten feet structure separation is provided.

2 No part of the RV, including attachments or accessory structures such as carport, screen room, storage room, expansion units, etc., shall be allowed in the setback.

3 To provide the maximum gross density allowed by this article, minimum lot/parcel size requirements indicated on this table may be reduced by 15 percent within non-exempt subdivisions in the residential land use zones.

(Ord. No. 2023-26, § 3(Att.), 11-16-2023)

Sec. 13-424. - Mixed use zoning districts.

(a)

Downtown Mixed Use Zoning District (DTMU).

(1)

Purpose and intent. The purpose and intent of the DTMU (Downtown Mixed Use) Zoning District is to provide The intent of this section is to establish a zoning classification which permits developments including a mixture of residential, commercial, industrial, cultural, and institutional uses in a single structure or multiple structures. It is the purpose of these regulations to encourage a diversification of uses in proximity to promote the city's downtown, minimization of auto travel, and the location of employment and retail centers in proximity to higher density housing.

Sec. 13-425. - Non-residential zoning districts.

(a)

Conservation Zoning District (CV).

(1)

Purpose and intent. The purpose and intent of the CV (Conservation) Zoning District is to designate and preserve lands which are owned or maintained by federal, state, regional and local agencies for purposes of environmental protection, conservation and stormwater management. Public or private use or development in this district is prohibited except when consistent with the controlling agency's policies and regulations and the Unified Sumter County Comprehensive Plan. Principal uses shall be limited to those approved by the controlling agency.

(b)

Agricultural zoning districts (A10, A10C, AC).

(1)

This category identifies and provides for lands which are to be protected for the continuation or establishment of agricultural activities.

a.

Purpose and intent. The A10 and A10C districts are intended to allow all agricultural, aquaculture, forestry and horticulture activities either as a permitted or special use, and, depending on the district, may allow one conventional or mobile home dwelling unit per parcel as a permitted use. In addition, accessory uses and other special or conditional uses are allowed when specified in this Code. See table 13-431A for permitted uses.

b.

Purpose and intent. The AC district is intended to preserve those lands voluntarily and specifically set aside by the owner, pursuant to the clustering provisions of this article, for agricultural, aquaculture, forestry and horticulture activities allowed either as a permitted or special use. Non-agricultural accessory uses and other special or conditional uses are not allowed unless specifically provided for in this Code.

(c)

Commercial zoning districts. These districts provide for lands which are suitable for commercial uses. The properties on which such land use is located should be of such size, shape and location as to permit development of well-organized commercial facilities with proper access roads, ingress and egress, off-street parking, loading space and other necessary requirements and amenities.

(1)

CN Zoning District.

a.

The purpose and intent of this zone is to provide for limited retail sales and services necessary to meet the immediate needs of the neighborhood from a location that is central, convenient, safe, and harmonious to existing and proposed development. This zone shall be limited to facilities no more than two stories (not exceeding 20 feet in height), and not more than 15,000 square feet of gross leasable area per parcel.

1.

Neighborhood commercial may be allowed within the agricultural future land use category, provided such district is within or adjacent to residentially zoned major development.

2.

The district shall front on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on another paved and publicly maintained road at a location with direct access to an arterial or collector road.

(2)

CL (Light Commercial) Zoning District.

a.

The purpose and intent of this zoning district is to provide for harmonious retail and wholesale sales and services necessary to meet the general needs of a community, in which the principal activities are conducted entirely within an enclosed structure. This zoning district allows moderate processing of products as an accessory use to sales and services.

b.

Light commercial districts shall only be allowed within areas designated as commercial on the FLUM.

(3)

CH (Heavy Commercial) Zoning District.

a.

The purpose and intent of this zoning district is to provide for harmonious retail and wholesale sales and services necessary to meet the general needs of a community, in which the principal activities are conducted both inside and outside of an enclosed structure. Uses in this zoning district typically require outdoor storage or activities, have higher trip generation rates, or have the potential for greater nuisance effect on adjacent properties due to noise, light and glare, or typical hours of operation, than neighborhood and light commercial uses. This zoning district also allows moderate processing of products as an accessory use to sales and services.

b.

Heavy commercial districts shall only be allowed within areas designated as commercial on the FLUM.

(4)

CP (Planned Commercial) Zoning district.

a.

Purpose and intent. The purpose of the Planned Commercial (CP) District is to provide for any commercial land use currently available in any other commercial district. The intent of this zoning district is to establish CP districts individually under approved site plans, submitted at the initial rezoning stage and conditions necessary to promote the general welfare and to secure economic and coordinated land use. CP is appropriate for situations where a mix of commercial uses is sought, or where a potential for negative impact to surrounding residential properties exists.

b.

General requirements.

1.

Location. Property zoned CP shall be allowed only within the commercial future land use category.

a)

Roadway. Fronting on a federal, state, county, or city arterial or collector road at such location that will make it convenient to and easily accessible from intersecting federal, state, county, or city arterial roads.

b)

Minimum setbacks. The setbacks generally required under this article may be waived on an individual basis where it is determined by the development services director, that a lesser setback would not be detrimental to proper land use, development, and the general welfare.

c)

Sign structure setbacks. Refer to section 13-591 for sign setback requirements.

2.

Parking requirements. Off-street parking and loading requirements shall be determined individually on each specific application and depend upon the requested land use and its potential intensity. All parking and loading areas shall be properly screened as determined by the development services division.

3.

Access management. Access points into the development must be paved.

4.

Screening and buffering requirements. Generally, buffering and/or screening is required between incompatible land uses to protect adjoining uses from negative impacts. For specific information on buffering and screening requirements between land uses, see section 13-503.

a)

Permitted uses. In a planned commercial district, any commercial land use may be requested; however, the specific ordinance authorizing the establishment of a particular CP district related to a specific tract of land shall delineate the allowable uses, and place conditions on the land use and operation of the commercial function. These conditions shall run with the land.

(d)

Industrial zoning districts. These districts provide for lands that are suitable for activities primarily engaged in manufacturing and industrial activities. These districts are intended to provide parcels of land for such industrial uses that do not present a threat to the public health, safety and welfare through air, water and noise pollution and other impacts. The properties on which such land use is located should be of such size, shape and location as to permit development of well-organized industrial facilities with proper access roads, ingress and egress, off-street parking, loading space and other necessary requirements and amenities. It is not the intent of this Code to assign the various industrial activities to specific industrial districts according to what is manufactured, fabricated, processed, assembled, stored, warehoused, wholesaled, distributed or otherwise handled. Rather, the intent is to permit industrial activities on the basis of their exposure to, and effect on, adjoining industrial and non-industrial uses and on the general community.

(1)

ID (Industrial) Zoning District. The purpose and intent of this zoning district is as follows:

a.

To provide for, by either permitted, special or conditional use, such industrial activities, as provided in table 13-431A, that have no more than a moderate adverse impact on adjoining non-industrial properties.

b.

To provide for limited retail sales, including retail goods that include on-site production, those that involve significant truck traffic and those that may have significant secondary effects on other, more sensitive, land uses.

c.

To prohibit uses within the zoning district which could interfere with development of industrial uses.

d.

To prohibit uses within the zoning district which could have serious adverse effect on the surrounding area.

(2)

IP (Planned Industrial) District.

a.

Purpose and intent. The purpose of the IP Planned Industrial District is to provide for any industrial land use currently available in any other industrial district. The intent of this zoning district is to establish IP districts to promote the general welfare and to secure economic and coordinated land use. IP is appropriate for industrial development where a mix of industrial uses is sought, including secondary commercial or office uses, or where the potential for negative impacts to surrounding uses exists.

b.

Permitted uses. In the IP Planned Industrial District, any industrial, commercial, or office land use is permitted; however, the IP ordinance shall delineate the allowable uses, location of such uses and dimensional standards. These uses and conditions shall run with the land. The gross floor area of the commercial or office uses shall not exceed 25 percent of the total gross floor area of the entire project.

c.

General requirements.

1.

Location. Property zoned IP shall be allowed only in industrial or mixed use areas on the future land use map.

2.

Roadway. Fronting on a federal, state or county arterial road at such location that will make it convenient to and easily accessible from intersecting federal, state or county arterial roads.

3.

Minimum dimensional standards. Minimum dimensional standards are contained in table 13-425A.

4.

Minimum Setbacks. The setbacks generally required under this article may be waived on an individual basis where it is determined by the development services director that a lesser setback would not be detrimental to proper land use, development, and the general welfare.

1)

Sign structure setbacks. Refer to section 13-591 for sign setback requirements.

5.

Parking. Parking and loading requirements shall be determined individually on each specific application and depend upon the requested uses and their potential intensity. All parking and loading areas shall be properly screened as determined by the reviewing and deciding authorities.

6.

Access management. Access points into the development must be paved.

7.

Screening and buffering requirements. Generally, buffering and/or screening is required between incompatible land uses to protect adjoining uses from negative impacts. For specific information on buffering and screening requirements between land uses, see section 13-503.

(e)

Recreational Zoning District. This district identifies and provides for lands which are suitable for providing outdoor recreational use. The properties on which such land use is located should be of such size, shape and location as to permit development of well-organized public facilities with proper access roads, ingress and egress, off-street parking and other necessary requirements and amenities.

(1)

REC (Recreation) Zoning District. The purpose and intent of this zoning district is to provide lands which are suitable for regional, district, community or neighborhood parks and other primarily passive outdoor recreational facilities.

(f)

Public uses, institutional and educational zoning district. This district identifies and provides for lands which are suitable for conducting public services provided by public, quasi-public and semi-public entities. The properties on which such land use is located should be of such size, shape and location as to permit development of well-organized facilities with proper access roads, ingress and egress, off-street parking, loading space and other necessary requirements and amenities.

(1)

PIE (Public/Institution/Education) Zoning District. The purpose and intent of this zoning district is to provide lands which are suitable for government offices, educational, health, social services, religious, utility, transportation, correctional (prison) and other public type facilities.

Sec. 13-426. - Non-residential and mixed-use dimensional standards.

Table 13-425A contains the dimensional requirements for non-residential zoning districts described in section 13-426.

Table 13-425A: Non-residential zoning districts dimensional standards

A10,
A10C
DTMUCNCLCHCP 3 IDIP 3 RECPIE
COVERAGE
Lot coverage (%) 1 - - - - - 50 - 50 -
LOT STANDARDS
Min. lot area 4 10 ac 2,400 s.f. 7,500 s.f. 10,000
s.f.
15,000
s.f.
- 1 ac - -
Min. lot width (ft.) 330 25 50 75 100 - 150 - -
Roads (See
section 13-440)
Side and Rear 20 0 Side/
5 rear
(adjacent to
non-residential)
15 (when
adjacent to
residential)
10 10 15 15 20 20 10 20
BUILDING HEIGHT (ft.) 2
All uses by right 35 35 35 50 50 50 35 50 50 50

 

1 All buildings, including accessory buildings, shall be included in the calculation of lot coverage, unless it can be demonstrated that provisions for drainage, parking, storage and public safety are adequate.

2 Any structure in excess of 50 feet will comply with FAA advisory circular 70-7460-1K, and any amendments thereto, and require approval by the city council.

3 Dimensional standards for CP and IPs are determined during the rezoning approval process.

4 In agricultural districts, lots which do not meet the minimum lot area or lot width requirements may be utilized for permitted agricultural activities, including the construction of agricultural-exempt structures.