(a)

No new building or land use shall be permitted unless it conforms to the code for the zone in which it is located.

(b)

Nonconforming structures voluntarily destroyed shall be brought into compliance with the current LDC and comprehensive plan when rebuilt.

(c)

Any nonconforming structure remodeled or modified involving the removal of any portion of an exterior wall, except for door or window replacement, or change to roof shape should ensure no increase in the amount of nonconformity either vertically or horizontally.

(d)

Replacement of involuntarily destroyed nonconforming structures is allowed provided:

(1)

That portion of the structure that creates the nonconformity is not increased.

(2)

The reconstruction must comply with:

a.

Maximum height requirements;

b.

The remaining LDC requirements to the greatest extent possible;

c.

Chapter 12; and

d.

All current building code requirements.

(e)

Any land required to comply with these regulations is unavailable as land for another structure or use.

(f)

No part of a parcel or other space required for any building for the purpose of complying with the provisions of this LDC shall be included as part of a parcel or other open space similarly required for another building.

(g)

Contiguous parcels of record, under identical ownership, are not subject to the common boundary setback requirements, as those provisions relate to the common boundaries of said parcels.

(h)

An owner who has built or is permitted to build on two or more contiguous parcels of record may not sell or transfer a portion or all of said contiguous parcels unless no violation of zoning district parcel dimensions or density will occur on the developed parcel or on the sold parcel if it is developed.

(i)

A substandard parcel, as defined by this Code, shall not be a legal parcel of record and is not buildable unless combined with an adjoining lot or unless a variance or beneficial use determination is obtained. Exceptions apply in the residential low density (RLD) district.

(j)

Prohibited is the creation and sale of any parcel that is a substandard parcel as defined by this Code.

(k)

Parcels combined by deed may never recover original parcel of record status.

(l)

New development shall provide on-site stormwater retention volumes consistent with outstanding state water regulations.

(m)

All new nonresidential development shall utilize low impact development practices for stormwater management set forth in the comprehensive plan in a linked, sequential treatment process that ensures efficient stormwater nutrient treatment. Post-development conditions shall equal pre-development natural conditions with regard to stormwater leaving the site.

(n)

Home business occupations in commercial and residential districts are allowed, providing:

(1)

Not more than one person not a resident on the premises shall be employed.

(2)

Such occupation shall be clearly incidental and secondary to the use of the building for residential purposes.

(3)

Total square footage of premises used for home occupations shall not exceed 300 square feet. Conditional use permit approval by BOA is required if greater area is required.

(4)

Two additional off-street parking spaces are required if the home occupation involves clients or deliveries.

(5)

The external appearance of the building shall not be changed because of the conduct of the operation and there shall be no external evidence of such occupation on the buildings or grounds.

(6)

A small professional notice or sign, not exceeding one-square foot in area, may be mounted against the side of the building, or in an approved site within the lot limits.

(7)

Traffic density and congestion will not be a hazard in residential districts.

(o)

All new and replacement sanitary wastewater disposal systems shall be located on-site.

(p)

No dredging or filling of wetlands or water bodies shall be allowed for any purpose without state agency approval and a beneficial use determination obtained from the BOA except as otherwise set forth in this LDC and comprehensive plan.

(q)

To determine the extent of uplands for a particular site, the applicant must obtain DEP, ACOE, and SWFWMD approved jurisdictional delineation or demarcation line for the wetlands and uplands in question.

(r)

No construction permit or zoning certificate for major development may be issued unless the town council has determined that the site plan and other submitted documents are consistent with the comprehensive plan and in compliance with the LDC.

(s)

All principal or accessory uses not specifically allowed in a zoning district are hereby prohibited.

(t)

The principal structure must have a certificate of occupancy before approval of an allowable accessory structure:

(1)

With the exception of a dock;

(2)

With the exception of a storage shed, if an active principal structure construction permit exists.

(u)

The construction of an uncovered dock, in accordance with section 18-355, is an authorized use on any waterfront parcel of record, which is without a primary structure.

(v)

All accessory structures and uses, with the exception of a dock, shall be located behind the front plane of the structure or dwelling unit (i.e., to the side or rear of the structure), except on islands in the residential environmentally sensitive and resource protection district.

(w)

Guest house is an allowed accessory structure in any residential district, not exceeding 750 square feet in area, but not to exceed 50 percent of the primary structure.

(x)

The noise level of electronic speakers, musical instruments, fixed equipment, machinery, power tools, construction demolition and general construction noise should not be offensive to nearby residents between the hours of 10:00 p.m. and 7:00 a.m.

(Code 2015, ch. 21, § 21.8.1; Ord. No. 2020-01, § 1, 6-8-2020)

(a)

Parcels in commercial districts that contain lawfully established residential development prior to September 1, 2007, are conforming as to structures and/or uses until the uses of the parcel or structures are converted to another conforming commercial use. Once converted to commercial use, the use of the parcel cannot be changed back to a nonconforming use.

(b)

Clustering of buildings to increase open space, view corridors or preserve wetlands or native vegetation is allowed, encouraged, and preferred.

(c)

Provision must be made and documentation provided to ensure the adequate collection and disposal of trash and garbage.

(d)

The noise level of electronic speakers, musical instruments, fixed equipment, machinery, power tools, construction demolition and general construction noise should not be offensive to nearby residents between the hours of 10:00 p.m. and 7:00 a.m.

(e)

Parking space shall be provided onsite for all vehicles and boat trailers using the facility, on-street or offsite parking shall not be used to meet minimum parking requirements.

(f)

A neighborhood traffic study is required containing:

(1)

Detailed effect on neighborhood traffic on local streets and roads;

(2)

Effect on transportation level of service;

(3)

Percentage of trips that will utilize each of the nearby streets;

(4)

Proposed improvements if necessary to accommodate the use.

(g)

Design and architecture of structures shall be in accordance with the architectural standards section. Owners may seek a variance from the BOA if special conditions exist.

(h)

All new commercial development shall utilize low impact development practices in a linked, sequential treatment process that ensures efficient stormwater nutrient treatment, including, as applicable to the specific use:

(1)

Landscaped bio-filtration swales.

(2)

Use of native and Florida-friendly plants adapted to soil, water, and rainfall conditions.

(3)

Minimal use of fertilizers and pesticides.

(4)

Grease traps for restaurants.

(5)

Recycle stormwater by using pond water for irrigation of landscaping.

(6)

Dry wells to capture runoff from roofs.

(7)

Porous, pervious, permeable pavements.

(8)

Maintenance of stormwater wetlands and ponds used for nutrient removal.

(9)

Aerate tree root systems (for example, WANE systems).

(10)

Vegetate on-site floodplain areas with native and Florida-friendly plants to provide habitat and wildlife corridors.

(11)

Use of other connected best management practices to increase nutrient removal.

(12)

At a minimum, post-development condition shall equal pre-development natural conditions with regard to stormwater leaving the site.

(i)

Existing commercial development shall be encouraged, but not required, to use the above recommendations and shall not be considered nonconforming if they do not.

(j)

Shipping, receiving, and loading, or unloading space or areas.

(1)

In connection with every structure or part thereof, which is a commercial or industrial use, which utilizes shipping and receiving, there shall be provided and maintained, on the same lot with such building, one off-street loading space or area.

(2)

The off-street loading space or area shall have the following minimum required dimensions:

a.

Width: 12 feet.

b.

Length: 25 feet.

c.

Height: clearance of 14 feet.

(3)

The off-street loading space or area may not occupy any setback areas.

(Code 2015, ch. 21, § 21.8.2; Ord. No. 2020-01, § 1, 6-8-2020)

(a)

Purpose and intent.

(1)

The principal purpose of this district is to provide for various types of neighborhood retail sales, services, offices, restaurants and transient units.

(2)

Intensities consistent with the community character and natural environment are allowed.

(b)

General requirements. See common standards for all districts and common standards for commercial and light industrial districts.

(c)

Permitted principal uses and structures.

(1)

Retail stores.

(2)

Customary home occupations.

(3)

Restaurants. An establishment whose principal and primary source of income is the serving of food and is open to the general public.

a.

Drive-through windows are prohibited.

b.

Serving of alcohol is allowed only as a secondary source of income accessory to the service of food.

c.

Gross revenue from the sales of alcohol may not exceed: 50 percent; or 60 percent if the restaurant meets all of the requirements of the following sections of rule F.A.C. 61A-3.0141(2)(d), (2)(e) and (3)(d) (2009).

d.

Preparation of food onsite or elsewhere for on-site or off-site catering is allowed.

e.

The restaurant may contain food specialty areas such as bakery, coffee shop, and delicatessen.

(4)

Specialty food establishments such as a bakery, coffee shop, or delicatessen.

(5)

Offices, business or professional.

(6)

Financial institutions; allows drive-through service.

(7)

Parking lots.

(8)

Motor vehicle sales, both new and used.

(9)

Watercraft and watercraft accessory sales and/or rentals.

(10)

Family recreational uses and structures, including theaters, shuffleboard courts, and auditoriums.

(11)

Retail and wholesale sale of seafood, seafood products, fresh fish, and related products.

(12)

Establishments for the maintenance, overhaul, and repair of boats.

(13)

Mortuaries and funeral homes.

(14)

Self-storage facilities.

(15)

Hotel or motel transient units.

a.

Maximum 500 interior square feet per unit.

b.

Transient unit may contain more than one bedroom; however, each bedroom shall be counted as a unit for density/intensity calculations.

c.

Kitchens in transient units are prohibited.

d.

Microwave, coffee pot, and mini refrigerator are allowed.

e.

On-site management, check-in, and reservation desk is required.

f.

Maximum allowed transient density is four bedrooms per acre.

(16)

Day care centers.

(17)

Laundromats.

(18)

Car washes.

(19)

Retail liquor sales for off-site consumption (package stores).

(20)

Radio or TV broadcasting studios.

(21)

Food catering services.

(22)

Professional services, such as, but not limited to, accounting, blueprint, computer, insurance, printing, real estate, and secretarial.

(23)

Recreation, activity-based (picnicking, jogging, cycling, arboretums, hiking, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools and gymnasiums are examples of activity-based recreation).

(24)

Second hand retail merchandise sold within an enclosed, commercial structure.

(25)

Personal service businesses, such as, but not limited to, barber, beauty or nail salon, tailor, travel agency, laundromat, dry cleaner pick-up, photography studio, florist, spa, and physical fitness center.

(26)

Wholesale businesses.

Any desired use or structure not listed above requires a conditional use from the BOA.

(d)

Conditional uses. The BOA must approve all conditional uses. Any requirements listed below are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(1)

Bed and breakfast lodging (B&B).

(2)

Temporary and/or portable retail sales stands meeting the following requirements:

a.

No permanent power or utilities.

b.

No permanent ground connection or anchor.

c.

Authorized location on a yearly basis.

d.

Daily debris removal required.

e.

Proof of necessary permits required.

f.

No alcohol sales allowed.

(3)

Gasoline sales and service.

(4)

Combination gasoline sale and food marts or restaurants.

(5)

Medical, dental, veterinary hospitals/offices.

(6)

Indoor kennels (outdoor kennels shall be prohibited).

(7)

Vacation rentals.

(8)

A single-dwelling unit for a caretaker located in, beside, above, or below the business operation and the occupant directly supports the business operation is allowed if meeting the following requirements:

a.

Size not to exceed 750 square feet.

b.

Bedroom is not counted as one of the bedrooms allowed onsite.

c.

Kitchen is allowed.

d.

No rental of this unit is allowed. There must be an employee or independent contractor business relationship between occupants and the owner or commercial enterprise existing onsite.

(9)

Boat building establishments with additional approval by town council.

(10)

Establishments where the sale of alcoholic beverages, for on-site consumption, is secondary to the primary use as a hotel where:

a.

At least 50 percent of gross revenue must come from primary hotel use.

b.

No more than 30 percent of gross revenue may come from alcohol sales.

(11)

Facilities for vehicle towing, storage, service, and repair.

a.

No public street, parking space, sidewalk or way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments, except for normal parking by individual private owners or operators of such vehicles during business hours.

b.

No operation in connection with such establishments shall be carried on in a way which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

c.

All motor vehicles being stored or repaired by such establishments shall be maintained in such condition that they may be moved under their own power at any time except such vehicles as may be under repair in garages or other buildings as provided in subsection (d)(11)d of this section.

d.

All repairs of motor vehicles or parts shall be made within garages, service stations, body shops or other buildings used for such purposes.

(12)

Establishments for the maintenance, overhaul, and repair of boats.

a.

No public street, parking space, sidewalk or way shall be used for the storage or parking of motor vehicles in connection with the activities of such establishments, except for normal parking by individual private owners or operators of such vehicles during business hours.

b.

No operation in connection with such establishments shall be carried on in a way which impedes free flow of vehicular or pedestrian traffic in normal courses on public ways.

c.

All motor vehicles being stored or repaired by such establishments shall be maintained in such condition that they may be moved under their own power at any time except such vehicles as may be under repair in garages or other buildings as provided in subsection (d)(12)d of this section.

d.

All repairs of motor vehicles or parts shall be made within garages, service stations, body shops or other buildings used for such purposes.

e.

Any desired use or structure not listed above requires a conditional use from the BOA.

(13)

Allowed accessory uses and structures.

a.

Support facilities for transient units such as newsstands, laundry centers, or recreation facilities.

b.

Occupancy of no more than a single recreational vehicle is limited to a period of not more than 14 days in a 90-day consecutive period and only when a primary residence is on the parcel. Existing RV parks are excluded from this limitation.

c.

Any desired use or structure not listed above requires a conditional use from the BOA.

(14)

Prohibited uses and structures.

a.

Refineries, fuel tank storage farms, fuel transport terminals.

b.

Incinerators, solid waste, construction, debris, junkyards, and demolition landfills.

c.

Construction of new residential dwelling units except for caretaker units, as in subsection (d)(8) of this section.

d.

Communal self-serve cooking facilities are prohibited.

e.

Stand-alone bars with on-site consumption of alcoholic beverages that derive more than 50 percent of gross revenues from alcoholic beverage sales.

(15)

Dimensional requirements.

a.

Maximum impervious surface ratios shall not exceed 50 percent of the site.

b.

Minimum green space requirement shall be 50 percent.

c.

No structure shall exceed a gross floor space of 3,000 square feet.

d.

FAR is 0.07 for any parcel equal to or greater than 20,760 square feet.

1.

FAR for parcels less than 20,760 square feet see Table 1.

Table 1. Nonresidential Structures Size Limits

Nonresidential Structures: Floor Area Ratio (FAR) and Maximum Building Size

Table 1 Nonresidential Structures

2.

To calculate density, the parcel area less commercial usage is used to calculate the area available for transient units.

3.

To calculate intensity, the parcel area less transient unit usage is used to calculate the area available for commercial.

e.

Maximum height is 35 feet above average existing natural grade.

f.

A minimum of 15 feet separation between buildings.

g.

Setbacks.

1.

Waterfront or wetland setback: 50 feet from the MHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

2.

Side: eight feet.

3.

Front: 25 feet.

4.

Rear: ten feet.

h.

Minimum new parcel width: 100 feet.

i.

Minimum new parcel area: one-half acre.

(Code 2015, ch. 21, § 21.8.3)

(a)

Purpose and intent.

(1)

This zone provides for water-dependent land uses that facilitate, provide, and protect commercial fishing, recreational fishing, and public access to the waterfront.

(2)

Water-dependent uses can take the form of a commercial business or a public facility.

(3)

Only low to medium commercial intensity uses are allowed.

(b)

General requirements.

(1)

See common standards for all districts and common standards for commercial and light industrial districts.

(2)

Dumping, polluting, or otherwise disposing of any trash, waste or other matter into the river is prohibited.

(3)

There shall be no net loss of public access to boat ramp facilities existing onsite and available to the public. Public access includes either access to the water on a free or user-fee basis (for example, boat ramp fees, or docking fees open to the general public).

(c)

Permitted principal uses and structures.

(1)

Marinas.

(2)

Customary home occupations.

(3)

Uncovered boat slips/docks.

(4)

Covered boat slip only within town limits.

(5)

Commercial fishing and customary commercial fishing support activities.

(6)

Fishing net and trap-making businesses.

(7)

Sail making businesses.

(8)

Recreational fishing.

(9)

Charter boat docks.

(10)

Fish houses.

(11)

Sales of recreational boating trips.

(12)

Wholesale and retail sales of fish and seafood.

(13)

Marine scientific and biological laboratories, research facilities, sampling or collection.

(14)

Watercraft and watercraft accessory sales and/or rentals.

(15)

Establishments for the maintenance, overhaul, and repair of boats.

(16)

Bait and tackle shops.

(17)

Water view restaurants: an establishment whose principal and primary source of income is the serving of food and is open to the general public.

a.

Drive-through windows are prohibited.

b.

Serving of alcohol is allowed only as a secondary source of income accessory to the service of food.

c.

Gross revenue from the sales of alcohol may not exceed: 50 percent; or 60 percent if the restaurant meets all of the requirements of the following sections of rule F.A.C. 61A-3.0141(2)(d), (2)(e) and (3)(d) (2009).

d.

Preparation of food onsite or elsewhere for on-site or off-site catering is allowed.

e.

The restaurant may contain food specialty areas such as bakery, coffee shop, and delicatessen.

(18)

Water-enhanced food and beverage service areas open to the public may be included on public access ways to the waterfront.

(19)

Outdoor recreation supply stores.

(20)

Recreation, activity-based (picnicking, jogging, cycling, arboretums, hiking, playgrounds, outdoor swimming pools) and water-related or water-dependent uses such as boat ramps, fishing docks and piers, and all similar outdoor recreation uses.

(21)

Office buildings, only if water-dependent functions.

(22)

Retail shops, such as, but not limited to, gift shops, antique shops, art studios, and art shops.

(23)

Hotel, motel, residential transient units, or bed and breakfasts, subject to the following conditions:

a.

Only if they are water dependent or water enhanced, which can be demonstrated by the following:

1.

Access to, and along, the waterfront is required to provide for viewing of waterfront vistas along the waterfront shoreline.

2.

Open to the public waterfront areas may be provided in the form of privately-owned river walks, boardwalks, sidewalks, pathways, and food and beverage service areas that allow open to the public:

(i)

Perpendicular access to a waterfront (at least 15 feet wide);and

(ii)

Parallel access along the waterfront (at least eight feet wide); or

(iii)

If the use does not provide the open to the public waterfront access, the town council shall review the site plan, architectural design, and BOA and P and Z recommendations during major development or conditional use, as applicable. The council shall ensure that existing views of the waterfront and river are not degraded and to ensure that the proposed use is truly water dependent or water enhanced and cannot be located in commercial neighborhood or another non-waterfront zoning district.

b.

Maximum allowed transient unit density is two units per acre.

c.

Maximum 500 interior square feet each unit.

d.

Transient unit may contain more than one bedroom; however, each bedroom shall be counted as a unit for density/intensity calculations.

e.

Kitchens in transient units are prohibited.

f.

Microwave, coffee pot, and mini refrigerator are allowed.

g.

Stays are limited to 31 days or less.

h.

On-site management, check in, and reservation desk is required.

(24)

Commercial sales necessary to an ongoing on-site transient unit establishment.

(25)

Any desired use or structure not listed above requires a conditional use from the BOA.

(d)

Conditional uses. BOA must approve all conditional uses. Any requirements listed below are the minimum. BOA may add additional requirements.

(1)

Bed and breakfast shall not exceed the standards and criteria, applicable to hotels/motels.

(2)

Temporary and/or portable retail sales stands provided that there is:

a.

No permanent power or utilities.

b.

No permanent ground connection or anchor.

c.

Authorization of location on a yearly basis.

d.

Daily debris removal required.

e.

Proof of necessary permits required.

f.

No alcohol sales allowed.

(3)

A single-dwelling unit for a caretaker located in, beside, above, or below the business operation and the occupant directly supports the business operation is allowed if meeting requirements below:

a.

Size not to exceed 750 square feet.

b.

Bedroom is not counted as one of the bedrooms allowed on site.

c.

Kitchen is allowed.

d.

No rental of this unit is allowed.

e.

There must be an employee or independent contractor business relationship between occupants and the owner or commercial enterprise existing on-site.

(4)

Boat building establishments with additional approval by town council.

(5)

Marine construction enterprises.

(6)

Vacation rentals.

(7)

Establishments where the sale of alcoholic beverages for on-site consumption is secondary to the primary use as a hotel or marina where:

a.

At least 50 percent of gross revenues must come from primary use.

b.

No more than 30 percent of gross revenues may come from alcohol sales.

(8)

Any desired use or structure not listed above requires a conditional use from the BOA.

(e)

Allowed accessory uses and structures.

(1)

Support facilities for transient units such as newsstands, laundry centers, or recreation facilities.

(2)

Food, gas and other commercial sales shall be an accessory use to an ongoing marina or motel.

(3)

Occupancy of no more than a single recreational vehicle is limited to a period of not more than 14 days in a 90-day consecutive period and only when a primary residence is on the parcel. Existing RV parks are excluded from this limitation.

(4)

Any desired use or structure not listed above requires a conditional use from the BOA.

(f)

Prohibited uses and structures.

(1)

Refineries, fuel tank storage farms, and fuel transport terminals.

(2)

Incinerators, solid waste, construction, debris, junkyards, and demolition landfills.

(3)

Construction of new residential dwelling units except for caretaker unit as in subsection (d)(3) of this section.

(4)

Indoor communal self-serve cooking facilities.

(5)

Stand-alone bars with on-premises consumption of alcoholic beverages that do not derive at least 50 percent gross revenues from food and non-alcoholic beverage sales.

(6)

Package stores selling alcohol for off-premises consumption, except beer and wine, may be sold as secondary to a hotel, restaurant, or marina use where:

a.

At least 50 percent of gross revenues must come from primary use.

b.

No more than 30 percent of gross revenues may come from package beer and wine sales.

(7)

High and dry boat storage.

(8)

Live aboard for a period of more than three days is prohibited if an operational pump out facility or portable sanitary treatment facility is not available on the premises.

(g)

Dimensional requirements.

(1)

Maximum impervious surface ratios shall not exceed 50 percent of the site.

(2)

Minimum open space shall be requirement 50 percent.

(3)

No structure shall exceed a gross floor space of 3,000 square feet.

(4)

FAR is 0.07 for any parcel equal to or greater than 20,760 square feet.

(5)

For FAR for parcels less than 20,760 square feet, see Table 1 in section 18-180.

(6)

To calculate density, parcel area less commercial usage area is used to calculate the net area available for transient units.

(7)

To calculate intensity, the parcel area minus transient unit usage area is used to calculate the net area available for commercial.

(8)

Maximum height is 35 feet above average existing natural grade.

(9)

A minimum of 15 feet separation between buildings.

(10)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the MHWL or OHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

(11)

Minimum new parcel width: 100 feet.

(12)

Minimum new parcel area: one-half acre.

(Code 2015, ch. 21, § 21.8.4)

(a)

Purpose and intent. The principal purpose of this district is to provide for small scale, light industrial activities.

(b)

General requirements.

(1)

See common standards for all districts and common standards for commercial and light industrial districts.

(2)

A spill containment and industrial waste management plan shall be required to ensure that no industrial wastes are introduced to groundwater.

(3)

Said industry shall be of such a nature that it can be operated to be not injurious, offensive, or detrimental to the present or intended character of this district or vicinity because of, including, but not limited to, the emission of noise, dust, glare, smoke, gas, fire, odors, vibration, toxic or noxious waste materials, or fumes.

(4)

This district is designed for those industrial users, which can meet a high level of performance standards.

(c)

Permitted uses and structures.

(1)

The receiving, sorting, and/or distribution of goods and materials.

(2)

Fabricating shops.

(3)

Activities requiring storage or warehousing.

(4)

Distribution, assembly, packaging, or processing manufacturing of products that are not noxious and do not pose a threat to the environment.

(5)

Building materials yards.

(6)

Equipment storage yards.

(7)

Ice manufacturing and cold storage.

(8)

Truck terminals.

(9)

Bottling and packaging works.

(10)

Electrical repair shops.

(11)

Utility towers.

(12)

General industrial services.

(13)

Catering services.

(14)

Recycling collection centers.

(15)

Self-storage facilities.

(16)

Fishing net and trap storage facilities.

(17)

Any desired use or structure not listed above requires a conditional use from the BOA.

(d)

Conditional uses.

(1)

Boat building establishments with additional approval by town council.

(2)

Storage of on-site volatile substances. Setback will need to increase to a minimum of the fire code requirements.

(3)

Additional space between buildings will be required.

(4)

A single-dwelling unit for a caretaker located in, beside, above, or below the business operation and the occupant directly supports the business operation is allowed if meeting requirements below:

a.

Size not to exceed 750 square feet.

b.

Bedroom is not counted as one of the bedrooms allowed on site.

c.

Kitchen is allowed.

d.

No rental of this unit is allowed.

e.

There must be an employee or independent contractor business relationship between occupants and the owner or commercial enterprise existing on-site.

(5)

Any desired use or structure not listed above requires a conditional use from the BOA.

(e)

Allowed accessory uses and structures.

(1)

Uses requiring primarily outdoor storage or where the industrial activity itself is conducted outdoors.

a.

Setback may need to be increased for safety reasons.

b.

Additional space between buildings may be required.

(2)

Any desired use or structure not listed above requires a conditional use from the BOA.

(f)

Prohibited uses.

(1)

Structures used as places of public assembly.

(2)

Junk yards and marine salvages.

(3)

Used car lots.

(4)

No materials shall be stored in the open that might float or become airborne during flooding or high winds.

(5)

Refineries, fuel tank storage farms, and fuel transport terminals.

(6)

More than one bulk 400-gallon or greater capacity LP gas storage tank.

(7)

Distribution of LP gas.

(8)

Incinerators, solid waste, construction, debris, and demolition landfills.

(9)

Construction of new residential dwelling units except for caretaker unit as in subsection (d)(3) o this section.

(10)

Occupancy of a recreational vehicle.

(g)

Dimensional requirements.

(1)

Maximum impervious surface coverage shall not exceed 50 percent of the site.

(2)

Minimum green space (including pervious, permeable surfaces) shall cover at least 50 percent of the site.

(3)

No structure shall exceed a gross floor space of 3,000 square feet.

(4)

FAR is 0.07 for any parcel equal to or greater than 20,760 square feet.

(5)

For FAR for parcels less than 20,760 square feet, see Table 1 in section 18-180.

(6)

No building shall exceed 35 feet in height from the average existing natural grade, except for allowed radio, cell phone, and television transmission towers. These facilities shall require review and approval as conditional uses by the BOA, which shall consider and determine that the location is appropriate and its height is no more than necessary to carry out its function.

(7)

A minimum of 15 feet separation between building.

(8)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the MHWL or OWHL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

(9)

Minimum Parcel width: 100 feet.

(10)

Minimum Parcel area: one-half acre.

(Code 2015, ch. 21, § 21.8.5)

(a)

Purpose and intent. The principal purpose of this district is to recognize lawfully platted lots and established subdivisions with infrastructure including roads and central potable water to accommodate residential uses.

(b)

General.

(1)

The maximum density is two dwelling units per acre.

(2)

All lawfully established parcels of record located in this land use district shall be entitled to one dwelling unit regardless of parcel size.

(3)

Individual dwelling units are encouraged to utilize those low impact development practices for stormwater management that may be required or recommended in the comprehensive plan.

(c)

Permitted uses and structures.

(1)

Single-family detached dwellings reasonably similar in construction, aesthetics, and architecture to dwellings in adjacent or nearby locations.

(d)

Conditional uses.

(1)

Nursery schools (home child care).

(2)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(3)

The BOA must approve all conditional uses. Any requirements listed are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

Attached private garages may be located in front of the principle residence structure.

(2)

Accessory structures may be placed in front of the primary residence structure if greater than 100 feet separate the front of the accessory from the front parcel line.

(3)

Accessory structures may not intrude upon any setback.

(4)

Accessory structures must be architecturally consistent with the primary residential structure.

(5)

Private garages.

(6)

Guest houses.

(7)

Tool sheds.

(8)

Greenhouses.

(9)

Swimming pools.

(10)

Tennis and badminton courts.

(11)

One boat dock per residence.

(12)

Uncovered boat slips/docks.

(13)

Covered boat slip only within town limits.

(14)

Customary home occupations.

(15)

Other accessory uses and structures customarily incidental to residential or other permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Commercial or industrial uses.

(2)

Private driveways for access to commercial or industrial uses in commercial or industrial districts.

(3)

Private boat channels for access to commercial or industrial districts.

(4)

Outside storage yards for commercial or industrial vehicles or materials.

(5)

Occupancy or storage of manufactured homes.

(6)

Occupancy of a recreational vehicle for more than 14 days in a 90-day consecutive period.

(7)

Occupancy or storage of more than a single recreational vehicle at any time.

(8)

Occupancy or storage of a recreational vehicle when no residence is on the parcel.

(9)

Live aboard for a period of more than three days is prohibited if an operational pump out facility or portable sanitary treatment facility is not available on the premises.

(10)

Parking of a commercial licensed or industrial vehicle for more than a period of four hours. This prohibition excludes pleasure campers/RVs, delivery vehicles in the process of loading or unloading, and private boat trailers.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Maximum impervious surface ratio of 50 percent.

(3)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the MHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

In lots platted prior to June 10, 1991, the minimum side yard shall be ten percent of the total width, to a maximum of eight feet.

d.

Front: 25 feet.

e.

Rear: ten feet.

f.

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

(Code 2015, ch. 21, § 21.8.6)

(a)

Purpose and intent. The principal purpose of this district is to recognize lawfully platted lots and established subdivisions with infrastructure including roads and central potable water to accommodate residential uses.

(b)

General.

(1)

The maximum density is two dwelling units per acre.

(2)

All lawfully established parcels of record located in this land use district shall be entitled to one dwelling unit regardless of parcel size.

(3)

Individual dwelling units are encouraged to utilize those low impact development practices for stormwater management that may be required or recommended in the comprehensive plan.

(c)

Permitted principal uses and structures.

(1)

Single-family detached dwellings reasonably similar in construction, aesthetics, and architecture to dwellings in adjacent or nearby locations.

(2)

Two-family dwellings reasonably similar in construction, aesthetics, and architecture to dwellings in adjacent or nearby locations.

(3)

Manufactured home reasonably similar in construction, aesthetics, and architecture to dwellings in adjacent or nearby locations.

a.

Minimum 900 square feet in area.

b.

Only one home per lot.

c.

Permanently installed.

(d)

Conditional uses.

(1)

Nursery schools (home child care).

(2)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(3)

The BOA must approve all conditional uses. Any requirements listed are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

Attached private garages may be located in front of the principle residence structure.

(2)

Accessory structures may be placed in front of the primary residence structure if greater than 100 feet separate the front of the accessory from the front parcel line.

(3)

Accessory structures may not intrude upon any setback.

(4)

Accessory structures must be architecturally consistent with the primary residential structure.

(5)

Private garages.

(6)

Uncovered boat slips.

(7)

Covered boat slip only within town limits.

(8)

One boat dock per residence.

(9)

Guest houses.

(10)

Tool sheds.

(11)

Greenhouses.

(12)

Swimming pools.

(13)

Tennis and badminton courts.

(14)

Customary home occupations.

(15)

Other accessory uses and structures customarily incidental to residential or other permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Commercial or industrial uses.

(2)

Private driveways for access to commercial or industrial uses in commercial or industrial districts.

(3)

Storage yards for commercial or industrial vehicles or materials.

(4)

Occupancy of a recreational vehicle for more than 14 days in a 90-day consecutive period.

(5)

Occupancy or storage of more than a single recreational vehicle at any time.

(6)

Occupancy or storage of a recreational vehicle when no residence is on the parcel.

(7)

Live aboard for a period of more than three days is prohibited if an operational pump out facility or portable sanitary treatment facility is not available on the premises.

(8)

Parking of a commercial licensed or industrial vehicle for more than a period of four hours. This prohibition excludes pleasure campers/RVs, delivery vehicles in the process of loading or unloading, and private boat trailers.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Maximum impervious surface ratio of 50 percent.

(3)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the OHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

In lots platted prior to June 10, 1991, the minimum side yard shall be 10 percent of the total width, to a maximum of 8 feet.

d.

Front: 25 feet.

e.

Rear: ten feet.

f.

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

(Code 2015, ch. 21, § 21.8.7)

(a)

Purpose and intent. The principal purpose of this district is to provide areas for farming, aquaculture, grazing, and forestry.

(b)

General.

(1)

Maximum density is one dwelling unit per 20 acres.

(2)

The minimum parcel size for the dwelling is two contiguous acres of uplands.

(3)

Clustered development is encouraged to minimize impervious surface area and maximize open space.

(4)

All agriculture and silviculture activities shall utilize best management practices, including fertilizer controls, treatment of wastewater prior to release to streams or rivers.

(5)

Wise use, selective harvesting to preserve habitat and tree canopy is required.

(6)

Clear-cutting tracts of indigenous native trees at one time is prohibited except for pine trees planted expressly for harvest. Selective harvesting is encouraged, where possible, to preserve some tree canopy and wildlife habitat values on all tracts.

(c)

Permitted uses and structures.

(1)

Agriculture.

(2)

Grazing.

(3)

Logging.

(4)

Wildlife management.

(5)

Aquaculture.

(6)

Single-family detached dwellings reasonably similar in construction, aesthetics, and architecture to dwellings in adjacent or nearby locations.

(d)

Conditional uses.

(1)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(2)

The BOA must approve all conditional uses. Any requirements listed are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

Private garages.

(2)

Guest houses.

(3)

Tool sheds.

(4)

Greenhouses.

(5)

Swimming pools.

(6)

Tennis and badminton courts.

(7)

Customary home occupations.

(8)

Necessary farming structures.

(9)

Other accessory uses and structures customarily incidental to residential or other permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Storage yards for commercial or industrial vehicles or materials.

(2)

Occupancy of a recreational vehicle for more than 14 days in a 90-day consecutive period.

(3)

Occupancy or storage of more than a single recreational vehicle at any time.

(4)

Occupancy or storage of a recreational vehicle when no residence is on the parcel.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Maximum impervious surface ratio of ten percent.

(3)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the OHWL may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

e.

Nutrient sources other than septic (i.e., fertilized and landscaped areas, livestock sources) of 150 feet from property line.

f.

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

(Code 2015, ch. 21, § 21.8.8)

(a)

Purpose and intent. The principal purpose of this district is to provide for the perpetual protection of natural resources for land characterized by native vegetation with substantial habitat for threatened and endangered species, species of special concern, and regionally significant or rare plants and animals.

(b)

General.

(1)

No density is allowed other than one on-parcel caretaker residence for the Withlacoochee Gulf Preserve.

(2)

No new development is permitted other than pile-supported, nonhabitable structures.

(3)

All development shall utilize low impact development practices.

(4)

All site plans shall be reviewed to be consistent with the known archaeological resources identified on the future land use map.

(5)

If an archaeological site is disturbed during development activity:

a.

The developer shall immediately cease all disturbances to the site until the town council and the department of historical resources has been notified;

b.

The developer shall continue work only after receiving permission from the department and the town.

(6)

A buffer of native and/or Florida-friendly vegetation of 50 feet (protection zone) shall be maintained from the MHWL, except for clearing necessary for water-dependent or water-related uses.

(7)

The use of herbicides, pesticides or chemical fertilizers, the parking or storage of vehicles or fuels, the housing of domestic animals and the introduction of nonnative species of vegetation in the protection zone is prohibited.

(8)

A berm or swale to allow percolation of stormwater runoff shall be required at the landward edge of the protection zone for all new construction or substantial reconstruction.

(c)

Permitted principal uses and structures.

(1)

Educational and passive recreational activities only.

(2)

Minimal weather shelter structures may be allowed on publicly-owned lands.

(d)

Conditional uses.

(1)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(2)

The BOA must approve all conditional uses. Any requirements listed are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

One boat dock.

(2)

Other accessory uses and structures necessary to maintain permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Residential, commercial or industrial uses other than one on-parcel caretaker residence for the Withlacoochee Gulf Preserve.

(2)

Occupancy of a recreational vehicle.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Maximum impervious surface ratio of ten percent.

(3)

A 50-foot buffer of natural vegetation shall be retained adjacent to all water bodies and wetlands jurisdiction line.

(h)

Setbacks.

(1)

Waterfront or wetland setback: 50 feet from the MHWL or OHWL may be reduced to 25 with BOA approval in special circumstances.

(2)

Side: eight feet.

(3)

Front: 25 feet.

(4)

Rear: ten feet.

(5)

150 feet to MHWL or OHWL for nutrient sources other than septic.

(6)

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

(7)

Minimum 25 feet to archaeological and historical sites within which no structures or land-clearing activity shall take place.

(Code 2015, ch. 21, § 21.8.9)

(a)

Purpose and intent. The principal purpose of this district is to recognize lawfully platted lots and established subdivisions with existing roads that have sufficient uplands to accommodate residential uses, to allow transfer of units from sending areas, and to allow platting or planned unit developments on parcels that have sufficient uplands to accommodate residential uses.

(b)

General.

(1)

Maximum density is one dwelling unit per five upland acres.

(2)

The minimum contiguous upland area for a structure containing a dwelling is two contiguous acres of uplands.

(3)

In order to determine the extent of uplands for a particular parcel, the applicant must obtain a DEP-approved jurisdiction line for the parcel.

(4)

All lawfully established parcels of record located in this land use district as of June 10, 1991, shall be entitled to one dwelling unit regardless of parcel size. However, the minimum contiguous upland area for a structure containing a dwelling is two contiguous acres of uplands. A beneficial use determination is not required for such parcels.

(5)

All development must comply with the 500-foot well field protection and 200 feet well field exclusion zones.

(6)

All:

a.

New planned unit residential developments; or

b.

New platted subdivisions of two or more units (construction of one single-family dwelling unit or duplex is exempt) shall utilize low impact development practices for stormwater management. Individual dwelling units and duplexes are encouraged to utilize those low impact development practices that may be required or recommended in the LDC.

(7)

Individual dwelling units are encouraged to utilize those low impact development practices for stormwater management that may be required or recommended in the comprehensive plan.

(8)

Cluster development is allowed.

(c)

Permitted uses and structures.

(1)

Single-family detached dwellings.

(d)

Conditional uses.

(1)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(2)

The BOA must approve all conditional uses. Any requirements listed are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

Attached private garages may be located in front of the principle residence structure.

(2)

Accessory structures may be placed in front of the primary residence structure if greater than 100 feet separate the front of the accessory from the front parcel line.

(3)

Accessory structures may not intrude upon any setback.

(4)

Accessory structures must be architecturally consistent with the primary residential structure.

(5)

Private garages.

(6)

Guest houses.

(7)

Tool sheds.

(8)

Greenhouses.

(9)

Swimming pools.

(10)

Tennis and badminton courts.

(11)

Customary home occupations.

(12)

Other accessory uses and structures customarily incidental to residential or other permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Commercial or industrial uses.

(2)

Storage yards for commercial or industrial vehicles or materials.

(3)

Occupancy or storage of manufactured homes.

(4)

Occupancy of a recreational vehicle for more than 14 days in a 90-day consecutive period.

(5)

Occupancy or storage of more than a single recreational vehicle at any time.

(6)

Occupancy or storage of a recreational vehicle when no residence is on the parcel.

(7)

Parking of a commercial licensed or industrial vehicle for more than a period of four hours. This prohibition excludes pleasure campers/RVs, delivery vehicles in the process of loading or unloading, and private boat trailers.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Maximum impervious surface ratio 15 percent.

(3)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the OHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

e.

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

(Code 2015, ch. 21, § 21.8.10)

(a)

Within the DRRA, with the purchase of transfer of development rights, a maximum density of one dwelling unit per two acres shall be allowed.

(b)

If density is to exceed one dwelling unit per five acres in the receiving area, aerobic septic tanks shall be required, if allowed by comprehensive plan.

(c)

The value of the transferred DRs shall be determined by the market.

(d)

To determine the DRs available to be used in a parcel in the DRRA, divide the acreage of the parcel by two. For example, a 6.8-acre parcel divided by two, equals 3.4 DRs in this parcel in the DRRA. Since only complete dwellings may be constructed, this is three dwellings for the 6.8-acre parcel in the DRRA.

(Code 2015, ch. 21, § 21.8.11)

(a)

No transfer of DRs shall allow construction within the protection zone.

(b)

No plan amendment or district change shall be granted which allows any existing lot of record to develop at a density of greater than one dwelling unit per five acres within the 500-foot radius.

(c)

No variance be granted to allow any development within the district of exclusion, other than structures, etc., which are associated with the well, pump, distribution system, or other development essential for operation, maintenance or expansion of the public well system.

(d)

Prohibited uses within the well field overlay district:

(1)

Landfills.

(2)

Facilities for the bulk storage, handling or processing of materials on the Florida Substance List.

(3)

Activities that require the storage, use, handling production or transportation of restricted substances: agricultural chemicals, petroleum, medical wastes, etc.

(4)

Feedlots or other concentrated animal facilities.

(5)

Wastewater treatment plants, percolation ponds, and on-site wastewater treatment systems (septic tanks).

(6)

Excavation of waterways or drainage facilities, which intersect the water table.

(e)

Variances. A variance may be allowed in certain cases within the well field protection district, limited as follows:

(1)

Where enforcement of the well field protection district denies an adjacent property owner all use of his property, the adjacent property owner may apply for a variance to use one-half acre of the property for development of a single-family residence.

(2)

An aerobic-type sewage treatment system must be used (unless central sewer service is available), sited as far as is possible from the wellheads, if allowed by comprehensive plan.

(3)

The variance must ensure the development complies with all pertinent DOH standards and setbacks.

(4)

The town shall not issue a variance until it has received satisfactory documentation from the applicant that granting of the variance will not result in harm to the potable water well field.

(Code 2015, ch. 21, § 21.8.12)

(a)

Purpose and intent. The principal purpose of this district is to encourage preservation of open space and natural resources while providing for very low density development in coastal, island, and marsh areas.

(b)

General.

(1)

The maximum gross density for property shall be one dwelling unit per ten gross (uplands and wetlands, but not submerged lands) acres.

(2)

The maximum net density for property shall be one dwelling unit per five acres of uplands. The minimum five acres of pre-development upland acreage used to calculate net density need not be contiguous.

(3)

A minimum of at least two contiguous natural pre-development upland acres of area must be present in the area utilized for the dwelling unit.

(4)

No land defined as jurisdictional wetlands or sovereign, submerged lands shall be eligible for DRs.

(5)

No dredging or filling of wetlands or water bodies shall be allowed in order to obtain road access or increase island areas or meet the pre-development five-acre upland minimum or two contiguous acre pre-development upland minimum for an area where the dwelling will be constructed.

(6)

Parcel of record.

a.

Notwithstanding the density and limitations above, one single-family dwelling unit shall be permitted on any parcel of record that has at least two contiguous acres of uplands in order to preserve reasonable economic use of private property.

b.

No re-plats, vacation of plats, or new subdivision plats or divisions of parcels of record shall be permitted unless each parcel created complies with the requirement of a minimum of ten gross acres with five acres of uplands within each parcel.

c.

The boundary line of parcels of record may, however, be adjusted so long as such adjustment does not increase the total number of parcels of record and so long as each resulting new parcel of record has at least two contiguous acres of upland.

(7)

All development shall provide on-site retention volume equivalent to three-fourths of an inch of depth over the entire site or lot; grassed swales may be used, as long as equivalent storage is provided.

(8)

Docks and walkways shall not exceed four feet in width, and be constructed in accordance with OFW and aquatic preserve regulations.

(9)

All development shall provide on-site retention volume equivalent to three-fourths of an inch of depth over the entire site or lot. As an alternative, four- to six-inch-deep grass swales may be used, so long as equivalent storage is provided.

(10)

Aerobic septic tanks approved by the state department of health and rehabilitative services shall be required, if allowed by the comprehensive plan.

(11)

A 50-foot buffer of native vegetation shall be retained adjacent to all water bodies and wetland jurisdiction lines, within which only shoreline access structures (docks, cat walks, or piers) shall be allowed. Maintain only native and/or Florida-friendly vegetation under such pile-supported structures in the setback zone.

(12)

Islands with existing dwellings may not develop additional units, or be used for transfer of development rights.

(13)

All site plans shall be reviewed consistent with the known archaeological resources identified on the future land use map.

(14)

If an archaeological site is disturbed during development activity:

a.

The developer shall immediately cease all disturbances to the site until the town council and the department of historical resources has been notified.

b.

The developer shall continue work only after receiving permission from the department and the town.

(15)

Dwellings may be clustered.

(16)

A buffer of native and/or Florida-friendly vegetation of 50 feet (protection zone) shall be maintained from the MHWL or OHWL, except for clearing necessary for water-dependent or water-related uses.

(17)

The use of herbicides, pesticides or chemical fertilizers, the parking or storage of vehicles or fuels, the housing of domestic animals and the introduction of nonnative species of vegetation in the protection zone is prohibited.

(18)

A berm or swale to allow percolation of stormwater runoff shall be required at the landward edge of the protection zone for all new construction or substantial reconstruction.

(c)

Permitted uses and structures.

(1)

Single-family detached dwellings.

(d)

Conditional uses.

(1)

Any desired use or structure not listed as permitted requires a conditional use from the BOA.

(2)

The BOA must approve all conditional uses. Any requirements listed below are the minimum conditions. The BOA may add additional site- or use-specific conditions to ensure compatibility with surrounding lands and uses.

(e)

Allowed accessory uses and structures.

(1)

Attached private garages may be located in front of the principle residence structure.

(2)

Accessory structures may be placed in front of the primary residence structure if greater than 100 feet separate the front of the accessory from the front parcel line.

(3)

Accessory structures may not intrude upon any setback.

(4)

Accessory structures must be architecturally consistent with the primary residential structure.

(5)

Guest houses.

(6)

Tool/storage sheds.

(7)

Greenhouses.

(8)

Swimming pools.

(9)

Tennis and badminton courts.

(10)

One uncovered boat dock per parcel without construction of a primary residence.

(11)

Customary home occupations.

(12)

Other accessory uses and structures customarily incidental to residential or other permitted principal uses when located on the same property.

(f)

Prohibited uses.

(1)

Commercial or industrial uses.

(2)

Storage yards for commercial or industrial vehicles or materials.

(3)

Occupancy or storage of manufactured homes.

(4)

Occupancy of a recreational vehicle for more than 14 days in a 90-day consecutive period.

(5)

Occupancy or storage of more than a single recreational vehicle at any time.

(6)

Occupancy or storage of a recreational vehicle when no residence is on the parcel.

(7)

Live aboard for a period of more than three days is prohibited if an operable pump out facility or portable sanitary treatment facility is not available on the premises.

(8)

New publicly funded infrastructure for potable water, sewer, or roads.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade.

(2)

Where base flood elevation is 18 feet or more, a building located on an island may exceed the height limit of 35 feet, but may not exceed a height limit of 25 feet above base flood elevation.

(3)

Maximum impervious surface ratio of ten percent.

(4)

Clearing of native vegetation, including that for all nonhabitable structures, is limited to the percentage of impervious surface requirement.

(5)

Clearing limitation calculations shall include that upland area used for pile-supported, nonhabitable structures such as docks and walkways.

(6)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the MHWL or OHWL, excluding manmade slips, may be reduced to 25 with BOA approval in special circumstances.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

e.

New and replacement septic systems and on-site sanitary WWTF systems shall be set back from mean high water line or ordinary high water line or wetland demarcation line in all districts per DOH and OFW requirements.

f.

There shall be a setback for nutrient sources, other than septic, of 150 feet from MHWL or OHWL.

g.

Archaeological and historical sites shall be protected through a minimum 25-foot setback within which no structures or land-clearing activity shall take place.

(h)

Development rights.

(1)

Owners of parcels of record in the RES district, which have not been subdivided and meet building requirements for this district may sell or transfer, whole or partial, DRs to the DRRA at a ratio of 1:1½ (one unit in this district can be sold or transferred to build 1½ units in the DRRA.)

(2)

Once transferred, the right to build on all or the portion of the subject parcel is extinguished. One dock is an allowable use.

(3)

The transfer must be recorded as a conservation easement on the parcel with the county clerk allowing the property owner of the subject parcel to reduce ad valorem tax burden on the subject parcel.

(4)

A copy of the recorded transfer must be given to the ZO for inclusion in the parcel record.

(5)

The parcel may be used only for passive recreational if all DRs are extinguished.

(6)

Owners of parcels of record in this land use district which do not have sufficient area to build may transfer one unit to the DRRA at the same 1:1½ ratio or file an application for a determination of vested rights or beneficial use.

(7)

Once a parcel of record has been subdivided, development rights may no longer be transferred.

(8)

In order to determine the extent of uplands for a particular parcel, the applicant must obtain DEP, USACOE, and SWFWMD (if applicable), approved jurisdictional delineation or demarcation line for the wetlands and uplands in question.

(9)

One DR requires ten gross acres, five upland acres, and two contiguous upland acres.

(10)

To calculate the transferable DRs of a parcel in the RES, you must first determine the limiting acreage. This involves dividing the gross acreage of the parcel by ten, the uplands acreage by five, and the contiguous uplands acreage by two. (See limits immediately above.) The smallest result is the number of DRs that are available for transfer from this parcel.

(11)

Examples.

a.

A 57-acre parcel that is all contiguous uplands would have:

1.

57/10 = 5.7 DRs for gross acreage;

2.

57/5 = 11.4 DRs for upland acreage; and

3.

57/2 = 28.5 DRs for contiguous acreage.

4.

Therefore, up to 5.7 DRs may be transferred from this parcel as gross acreage DRs is the smallest number. Therefore, this parcel could sell or transfer all or part of these 5.7 DRs to the DRRA at the 1½ ratio. This means 8.55 DRs are available to a parcel in the DRRA.

b.

A 57 acre parcel with 27 acres of contiguous uplands would have:

1.

57/10 = 5.7 DRs for gross acreage;

2.

27/5 = 5.4 DRs for uplands acreage;

3.

27/2 = 13.5 DRs for contiguous acreage;

4.

Now only up to 5.4 DRs may be transferred from this parcel as the uplands acreage DRs is the smallest number. Therefore, this parcel could sell or transfer all or part of these 5.4 DRs to the DRRA at the 1½ ratio. This means 8.1 DRs are available to a parcel in the DRRA.

c.

A 57 acre parcel with 27 acres of uplands and nine acres of contiguous acreage would have:

1.

57/10 = 5.7 DRs for gross acreage;

2.

27/5 = 5.4 DRs for uplands acreage;

3.

9/2 = 4.5 DRs for contiguous acreage;

4.

Now only up to 4.5 DRs may be transferred from this parcel as the contiguous uplands acreage DRs is the smallest number. Therefore, this parcel could sell or transfer all or part of these 4½ DRs to the DRRA at the 1½ ratio. This means 6.75 DRs are available to a parcel in the DRRA.

(Code 2015, ch. 21, § 21.8.13)

(a)

Purpose and intent. The principal purpose of the public use (PU) zoning district is to provide buildings and grounds to accommodate local, regional, state, and federal government and quasi-public uses for public benefit.

(b)

General requirements.

(1)

All new development shall utilize low impact development practices.

(2)

All uses must comply with these land development regulations and must also be consistent with the duly adopted comprehensive plan.

(3)

If a variance is required in addition to conditional use approval, an applicant may seek a concurrent variance from the BOA at a public hearing, but first must submit a variance application and meet all procedural and substantive standards and criteria for variances set forth in this LDC.

(c)

Permitted uses that do not require conditional use approval.

(1)

Government offices.

(2)

Government maintenance facilities.

(3)

Government utility facilities.

(4)

Quasi-governmental public uses for public benefit.

(5)

Community services facilities.

(6)

Public assembly structures (regardless of worship or non-worship) such as churches and other places of worship including Sunday school.

(7)

Fraternal clubs, community centers, and lodges.

(8)

Nonprofit and professional associations.

(9)

Scientific research facilities.

(10)

Social services facilities.

(11)

Cultural facilities.

(12)

Recreational facilities such as the following:

a.

Parks.

b.

Playgrounds.

c.

Boat launch facilities.

d.

Picnic shelters.

e.

Observation decks.

(13)

Festivals and celebrations, including temporary event ticket and vending tables, shade umbrellas, garbage, recycling and restroom trucks or port-a-lets, beverage trucks and concession vehicles.

Any use or facility not listed above is prohibited unless the LDC is amended to allow such a use.

(d)

Accessory uses.

(1)

Accessory uses, subordinate to a permitted use listed in subsection (c) of this section that is customarily incidental to government buildings and facilities when located on the same parcel.

(2)

Any use or facility not listed above is prohibited unless the LDC is amended to allow such a use.

(e)

Conditional uses. The following uses require a conditional use approval by the BOA:

(1)

Concession or catering activities.

(2)

Non-governmental quasi-public utility equipment for public benefit, such as cell phone or telecommunications towers, utility facilities, and substations (public and private utilities and facilities), with appropriate legal agreement (i.e., agreements for use of right-of-way, lease of property, easements, license, indemnity, hold harmless, etc., as appropriate) approved by the town council.

(3)

Any desired use or structures not listed as an allowable conditional use above or in the permitted uses section above are expressly prohibited and new unforeseen uses must apply for a text amendment to the LDC.

(4)

Educational facilities including public and private schools.

(f)

Prohibited uses.

(1)

Prisons.

(2)

Occupancy of a recreational vehicle.

(3)

Other uses not specifically listed or described in permitted, conditional, or accessory uses above are expressly prohibited and new unforeseen uses must apply for a text amendment to the LDC.

(g)

Dimensional requirements.

(1)

No building shall exceed 35 feet in height from the average existing natural grade, except for certain nonhabitable public facility structures that, due to their intrinsic nature, may require heights exceeding the specified limit.

(2)

These include, but are not limited to, water storage tanks, telecommunication antennae, and utility transmission poles and lines.

(3)

These facilities shall require review and approval as conditional uses by the BOA, which shall consider and determine that the location is appropriate and its height shall not exceed the minimum necessary to carry out its function.

(4)

A minimum of 15 feet separation between buildings.

(5)

Maximum impervious surface ratio of 35 percent.

(6)

Maximum 5,000 square feet total structure footprint.

(7)

Setbacks.

a.

Waterfront or wetland setback: 50 feet from the MHWL, excluding manmade slips, may be reduced to 25 feet with BOA approval in special circumstances and shall be consistent with the duly adopted comprehensive plan, including policy 1.1.1.2.7 and policy 1.1.1.2.8.

b.

Side: eight feet.

c.

Front: 25 feet.

d.

Rear: ten feet.

e.

There shall be a setback for nutrient sources other than septic (i.e., fertilized and landscaped areas, livestock sources) of 150 feet in those portions of the public use land use district outside the urban service area.

(8)

Minimum new parcel width: 100 feet.

(9)

Minimum new parcel area: one-half acre.

(Code 2015, ch. 21, § 21.8.14)

(a)

Purpose and intent.

(1)

The principal purpose of this zone is to provide for commercial and residential uses on a parcel under single ownership.

(2)

Intensities consistent with the community character and natural environment are allowed.

(b)

General requirements.

(1)

Plan shall conform to all requirements of the town comprehensive plan.

(2)

See common standards for all districts and common standards for commercial and light industrial district.

(c)

Permitted principal uses and structures.

(1)

All uses allowed in the CN district.

(2)

Residential uses allowed in RHD-1, limited to two dwelling units per acre.

(3)

All uses must be consistent with the underlying land use designations as set forth in the comprehensive plan, future land use element and future land use map (FLUM).

(d)

Conditional uses.

(1)

Board of adjustment must approve all conditional uses. Any requirements listed below are the minimum. BOA may add additional requirements.

(2)

Conditional uses allowed in CN and RHD-1 district.

(3)

Any desired use or structure not listed above requires a conditional from the board of adjustment.

(e)

Allowed accessory uses and structures.

(1)

Accessory uses allowed in CN and RHD-1 districts.

(2)

Any desired use or structure not listed above requires a conditional use from the board of adjustment.

(f)

Prohibited uses and structures.

(1)

All prohibited uses in CN and RHD-1 districts.

(g)

Dimensional requirements.

(1)

Dimensional restrictions as called for in CN and RHD-1 districts.

(2)

The most restrictive shall apply if a structure has both commercial and residential uses.

(h)

Setbacks.

(1)

Setbacks shall apply as in CN and RHD-1 district.

(2)

The most restrictive setback shall apply if a structure has both commercial and residential uses.

(Code 2015, ch. 21, § 21.8.16)