LAND DEVELOPMENT

CODE

TOWN OF GLEN ST. MARY

November 18, 2003

TABLE OF CONTENTS

Page No.PART I: ZONING

ARTICLE I

SHORT TITLE AND PURPOSE

1.1 Short Title 61.2

Purpose

6

ARTICLE II

ESTABLISHMENT OF DISTRICTS

2.1

Purpose

62.2

Zoning Districts

62.3

2

Incorporation of the Zoning Map

102.4

Building Setbacks

102.5

Permitted Projections into Required Yards

11

ARTICLE III

GENERAL PROVISIONS

3.1

Application of Regulations

113.2

3

Rules for Determining Boundaries

123.3

Access Requirements

123.4

Non-Conformance

123.5

Off-Street Automobile Parking

133.6

Vision Clearance

4

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ARTICLE IV

PUD - PLANNED UNIT DEVELOPMENT

4.1

Intent

134.2

PUD Defined

144.3

Procedures

144.4

Implementation of a PUD

5

164.5

Standards and Criteria

16

ARTICLE V

SPECIAL PROVISIONS

5.1

Building Heights

175.2

Mobile Homes and Manufactured Homes

175.3

Parking Requirements for all Districts

6

195.4

Design Standard for Off Street Parking

205.5

Public, Semi-Public Uses and Special Uses

205.6

Lot and Building Requirements

215.7

Billboards

215.8

Community Residential Homes

7

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ARTICLE VI

ADMINISTRATION AND ENFORCEMENT

6.1

Duties and Powers of the Zoning Commissioner

236.2

Permits and Certificates

236.3

Procedure for Variances, Special Exceptions and Appeals

246.4

Procedure for Requesti

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ng a Zoning Amendment

266.5

Notice of Public Hearings

276.6

Fees

28

ARTICLE VII

DEFINITIONS

7.1

Definitions

28

ARTICLE VIII

9

LEGAL STATUS PROVISIONS

8.1

Conformance and Conflict with other Laws

318.2

Separability and Validity

31

ARTICLE IX, ENFORCEMENT AND REMEDIES9.1 Penalties 31

9.2 Remedies31

PART II: SUBDIVISION REGULATIONS

ARTICLE I SHORT TITLE AND PURPOSE1.1 Short Title 321.2 Purpose 32

ARTICLE II DEFINITIONS2.1 Definitions 32

ARTICLE III PROCEDURES OF FILING AND SECURING APPROVAL FOR THE SUBDIVISION OF LAND

3.1 Preliminary Plat 333.2 Preliminary Plat Period of Validation 343.3 Final Plat 343.4 Resubdivision of Plats 343.5 Reversion of Subdivided Land to Acreage 35

ARTICLE IV MINIMUM DESIGN STANDARDS10

4.1 General Requirements 354.2 Wetlands 354.3 Control of Erosion and Surface Water Runoff 354.4 Recreation and Open Space Requirements 354.5 Compatibility with and Buffering from Adjacent Land Use 364.6 Streets 364.7 On-Site Traffic Circulation 364.8 Lot Design Standards 364.9 Sidewalks 374.10 Easements 37

ARTICLE V FEES5.1 Fees 37

ARTICLE VI PERFORMANCE BOND OR CERTIFIED CHECK6.1 Performance Bond or Certified Check 386.2 Performance Bond or Certified Check 38

ARTICLE VII PENALTY FOR VIOLATION OF THIS ORDINANCE AND APPEAL PROCESS7.1 Penalty for Violation of this Ordinance and Appeal Process 38

ARTICLE VIII SEVERABILITY8.1 Severability 38

PART III: MINIMUM HOUSING ORDINANCE

ARTICLE I SHORT TITLE AND PURPOSE1.1 Short Title 39

ARTICLE II ADMINISTRATION2.1 Scope 392.2 Organization 402.3 Powers and Duties of Housing Official 402.4 Inspections 422.5 Hardships 422.6 Town Council 422.7 Appeals 432.8 Violations and Penalties 432.9 Validity 432.10 Permits 43

ARTICLE III MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES3.1 General 443.2 Facilities Required 443.3 Minimum Requirements for Light and Ventilation 463.4 Minimum Requirements For Electrical Systems 473.5 General Requirements For The Exterior and Interior of Structures 473.6 Minimum Dwelling Space Requirements 503.7 Sanitation Requirements 513.8 Rooming Houses 513.9 Designation of Unfit Dwellings and legal Procedure for Condemnation 52

ARTICLE IV DEFINITIONS4.1 Definitions 53

ARTICLE V SEVERABILITY5.1 Severability 54

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PART IV: ADVERTISING AND SIGNS

ARTICLE I GENERALLY 551.1 Applicability 551.2 Findings of fact 551.3 Purpose and intent 551.4 Definitions 561.5 Maintenance of signs 571.6 Right of entry for inspection 571.7 Permit required 581.8 Application fee 581.9 Application requirements 581.10 Exemptions 581.11 Procedures for applying for and issuing a sign permit 591.12 Prohibited signs 591.13 Sign area computation 611.14 Permitted temporary signs 621.15 Ground signs 621.16 Building signs 631.17 Entrance signs for subdivision and multifamily developments 631.18 Compliance with building and electrical codes 631.19 Illumination standards 631.20 Placement standards 631.21 Clearance standards 641.22 Appearance standards 641.23 Design standards 641.24 Penalties and remedies 641.25 Procedure for appeal 641.26 Political campaign signs 64

PART V: LANDSCAPING AND TREE PROTECTION

ARTICLE I GENERALLY1.1 Applicability 661.2 Purpose and intent 661.3 Definitions 671.4 Inspections 681.5 Maintenance and protection of landscaping 681.6 Replacement of existing trees or vegetation used for credit 691.7 Recommended plant list 691.8 Screening material 701.9 Visibility at intersections 701.10 Retention and detention basins 711.11 Location for planted trees 72

ARTICLE II TREE PROTECTION2.1 Tree protection permit required 722.2 Application fee 722.3 Application requirements 722.4 Procedure for apply for and issuing a tree protection permit 722.5 Pruning or removal of trees on public property 732.6 Protected trees 732.7 Tree protection guidelines 74

ARTICLE III LANDSCAPING3.1 Landscape permit required 743.2 Application fee 74

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3.3 Application requirements 753.4 Procedure for applying for and issuing a landscape permit 753.5 General standards 75

3.6 Perimeter Landscaping Requirements 763.6.1 Credit for preserving existing trees and vegetation 763.6.2 Parking and internal roadways fronting rights-of-way 773.6.3 Parking and internal roadways fronting other property 783.6.4 Buffers between incompatible land uses 793.7 Interior Landscape Requirements 793.7.1 Tree requirements for interior parking areas and roadways 793.7.2 Interior parking islands 793.7.3 Truck terminals, storage areas, etc. 803.7.4 Alternative planting locations 803.7.5 Minimum number of trees 803.8 Residential Landscape Requirements 803.8.1 Multifamily structures and mobile home parks 803.8.2 Single -family homes and mobile home on individual lots 81

PART VI: ENVISION GLEN OVERLAY DISTRICT

ARTICLE I PURPOSE 82

ARTICLE II DELINEATION OF ENVISION GLEN OVERLAY DISTRICT 82

ARTICLE III DESIGN REVIEW BOARD3.1 Membership, Terms and Compensation 833.2 Officers, Meetings, Quorum 833.3 Powers and Duties 83

ARTICLE IV DESIGN REVIEW GUIDELINES 83

ARTICLE V STREETSCAPE IMPROVEMENT GUIDELINES 85

ARTICLE VI REQUIREMENTS FOLLOWING PROJECT COMPLETION 85

ARTICLE VII NONCONFORMING STRUCTURES AND EXCEPTIONS 86

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PART IZONING

ARTICLE IShort Title and Purpose

1.1 Short Title

This Ordinance shall be known and may be cited as the Town of Glen St. Mary Zoning Ordinance.

1.2 Purpose

The purpose of the Zoning Ordinance is to encourage and promote, in accordance with present and future needs, the public health, safety, order, appearance, convenience, morals and general welfare of the citizens of the Town of Glen St. Mary.

ARTICLE IIEstablishment of Districts

2.1 Purpose

Glen St. Mary, Florida hereby adopts the Future Land Use Map as the Official Zoning District Map, for the purpose of:

2.11 Providing a residential environment free of incompatible uses, safe from natural and man-made hazards;

2.12 Promoting, where possible, planned residential, commercial areas in appropriate locations, with appropriate standards and minimum service cost to local government;

2.13 Providing a level of flexibility of control sufficient to promote innovation and creativity in community development, to encourage maximum commercial profitability and maximum living comfort and convenience at lowest cost.

2.2 Zoning Districts: Name, Purpose, Description, Unrestricted Uses Permitted, Special Exception Uses

2.21 Low Density Residential District (up to 2 units per acre)

The Residential District provides for a variety of land uses densities. Parcels of land designated as residential land are intended to be used predominately for housing and should be protected from intrusion of land uses that are incompatible with residential density or intensity of use.

Unrestricted Uses

1. Open space parks and recreational areas.2. Essential public services and facilities3. Low-density residential dwellings including:

(a) single family(b) two-family(c) townhouse dwellings(d) apartments

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Unrestricted Uses Accessory

1. Home occupations2. Private garages3. Private swimming pools and cabanas4. Customary accessory uses and structures clearly incidental to one or more

permitted uses and structures.

Special Exception Uses

Same as those permitted in MDR Districts.

2.22 MDR - Medium Density Residential District (2 units per acre up to 5.9 units per acre)

The purpose of this district is to provide a variety of housing types within a single family setting, including single family, duplex, attached single family and zero lot line development. The buildings in this district shall be limited to one story in height. A density over 2 units per acre will require either central water or central sanitary sewer.

Unrestricted Uses

1. Single family2. Two family dwellings3. Townhouse dwellings4. Multi-family dwellings5. Park and recreational facilities

Unrestricted Uses Accessory

1. Home Occupations2. Private Garages3. Private swimming pools and cabanas4. Customary accessory uses and structures incidental to one or more permitted

uses and structures.

Special Exception Uses

1. Churches, synagogues, or other houses of worship2. Private, social, recreational, or fraternal clubs or organizations3. Public or private schools4. Community Residential Homes, 7 to 14 persons5. Day care centers

2.23 HDR - High Density Residential District (6 units per acre to 15 units per acre)

The purpose of this district is to provide for high density residential development. Development over 6 units per acre will require both central water and central sanitary sewer. The buildings in this district shall be limited to 4 stories in height.

Uses

Property uses in HDR will be the same as those permitted in MDR.

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2.24 G.C. - General Commercial

The provisions of this district are intended to serve the general commercial needs of the citizens and tourists. Building height shall be restricted to three stories.

Unrestricted Uses1. Motels and hotels2. Restaurants3. Gift shops4. Regional shopping centers5. Retail sales and service establishments6. General office buildings7. Commercial recreational entertainment facilities8. Public administrative facilities9. Essential public services and facilities10. Private, social, recreational or fraternal clubs or organizations11. Wholesaling or distributorship showrooms provided associated warehousing of

such materials does not exceed seventy percent (70%) of the building’s total square footage.

Unrestricted Uses Accessory

1. Automotive parking2. Cocktail lounges and bars which are accessory to and within a motel, hotel or

restaurant.3. Residential uses accessory to a principal use4. Customary uses and structures clearly incidental to one or more permitted uses

and structures.5. Temporary structures including carnivals, circuses and other temporary

commercial amusement activities and religious gatherings for special events of a temporary nature with Town Council establishing the period for which such events shall begin and end.

The provisions of this district are intended to serve the general commercial needs of the citizens and tourists. Building heights shall be restricted to three stories.

This zone allows for outlets and establishments that offer a wide range of goods and services including general merchandise, apparel, food and related items. General commercial uses include business and professional offices, financial institutions, hotel, eateries, entertainment facilities, and similar other types of commercial development. In addition, warehousing, light manufacturing, and similar other types of fabricating could be permitted provided it is part of a retail sales or service establishment.

No adult entertainment venue or vendor of alcoholic beverages within the Town of Glen St. Mary shall maintain a business within one thousand (1,000) feet of a school, child day care, or place of worship. The distance shall be measured by following the shortest route of ordinary pedestrian travel. This distance shall mean that route nearest the main entrance of the vendor’s business to the main entrance of the place of worship, or in the case of schools and day cares, the nearest point of the school grounds in use as part of the school or day care facilities.

The aforementioned distance provision shall not apply to a vendor location within the Town of Glen St. Mary wherein the vendor owns and operates a restaurant pursuant to the following requirements:

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1. The restaurant must contain all necessary equipment and supplies for serving full meals regularly;

2. The restaurant must have a seating capacity of not less than one hundred-fifty (150) seats occupying more than two thousand five hundred (2,500) square feet; and

3. The sale of alcoholic beverages is solely for on-premise consumption, which shall include patios, outdoor cafes and grottos adjacent to the restaurant.

The aforementioned distance provision shall not apply to a vendor location within the Town of Glen St. Mary wherein the vendor owns and operates a hotel pursuant to the following requirements:

1. The hotel contains one hundred (100) or more rooms;2. The sale of alcoholic beverages is conducted by the hotel owner solely for on-premise

consumption; and3. The hotel has no direct entrance or exit on a public street.

2.25 I.G. – General Industrial District

The General Industrial District provides for activities that are predominantly associated with the manufacturing, assembly, processing or storage of products. Industrial uses are limited to light industry and industrial park operations.

Industrial land uses must be buffered (i.e., sight, access, noise) from adjacent land uses of lesser density or intensity of use.

Industrial land use shall be developed at an intensity of use, as measured by impervious surface, at no more than ninety (90) percent of the parcel.

Unrestricted Uses

1. Warehousing, wholesaling, distribution and similar uses.2. Light manufacturing, fabrication, assembling of components.3. Display rooms, contractor storage facilities.4. Outdoor parking of trucks over 5,000 pounds gross weight.

Unrestricted Uses Accessory

1. Mobile home structure used as guard or security shelter.2. Vehicle repair facilities.

2.26 AGR - Agriculture District

Lands included in the Agriculture District are those used primarily for agricultural purposes. However, these properties are part of the Town platted subdivision and are “lots of record” which may be developed at a density of one (1) unit per 0.5 of an acre. It is intended that these lands be developed with agricultural or silvicultural uses in accord with generally approved “Best Management Practices”.

Unrestricted Uses

1. All land uses that are agricultural in nature, including but not limited to: pasture, grove operations, silviculture, row crops, horticultural operations, and nurseries.

2. Buildings and sheds for the storage of equipment and supplies required for agricultural operations.

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3. Structures for the retail sale of agricultural products grown on the property.4. Uses permitted in the LDR District.

Unrestricted Uses Accessory

1. Automotive parking.2. Private garages.3. Private swimming pools and cabanas.4. Customary uses and structures clearly incidental to one (1) or more permitted uses and

structures.

Special Exception Uses

Same as those permitted in the MDR District.

2.27 RC - Recreation

Land designated for recreation is intended for a variety of leisure time activities. Included in this land use classification are activity-based sites and facilities such as playgrounds, ball fields, tennis courts, etc. Recreational facilities must be made compatible with adjacent land uses.

2.28 EPG – Educational, Public Buildings and Grounds

Lands designated in this category of use are intended for the construction of schools, churches, governmental buildings and other public or semi-public uses.

2.29 CON - Conservation

As shown on the Future Land Use Map, Conservation land use designates land areas which are ecologically significant and must be protected. Upon request, the Town Council may authorize development at a maximum overall residential density of 1 unit per 5 acres.

2.3 Incorporation of the Zoning Map

The Future Land use Map of Glen St. Mary, with all notations, references and other information shown thereon shall hereby be declared the official zoning map of the Town of Glen St. Mary and a part of this Ordinance. The Official Zoning Map is hereby made a public record and shall be kept permanently in the office of the town Clerk, where the map will be accessible to the general public.

The Official Zoning Map shall be identified by the signature of the Mayor, attested by the Town Clerk, signed and dated at time of adoption of the Ordinance.

If, in accordance with the provisions of this Ordinance, changes are made in the district boundaries or other information portrayed on the Official Zoning Map, changes shall be made on the Map promptly after the amendment has been approved by the Town Council, together with a numerical entry of the Official Zoning Map referring to the record on file of the official action making the change, and a date notation on the Map. Unauthorized alterations of the Official Zoning Map shall be considered a violation of this Ordinance and subject to penalties as prescribed under Penalties.

2.4 Building Setbacks

Setbacks are required open space other than a court unoccupied and unobstructed by a structure or portion of a

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structure from thirty (30) inches above the general ground level of the graded lot upward. All setbacks shall be measured from the property line to the eave or overhang of the roof, otherwise to the foundation wall.

Zoning District Front Side RearLDR 25 feet 10 feet 15 feet

MDR and HDR 25 feet 10 feet 10 feetNC 10 feet 20 feet 15 feetGC 50 feet 25 feet 5 feet *IG 50 feet 20 feet 25 feet

AGR 25 feet 15 feet 25 feet * If the GC district abuts a residential district, then the rear setback shall be 30 feet.

2.5 Permitted Projections into Required Yards

1. Certain architectural features, such as eaves, bay windows and projecting fireplaces, which may occupy a portion of a building footprint, may project not more than three (3) feet into required front and rear yards, three (3) feet into side yards which measure a minimum of eight (8) feet in width, and two and one-half (2½) feet into side yards measuring seven and one-half (7½) feet in width. No such intrusion is permitted into side yards less than seven and one-half (7½) feet in width.

2. Mechanical equipment, such as air conditioning units, pumps, heating equipment, solar panels, and similar installations, and screening and housing for such equipment, may project into the required side yard(s) or rear yard(s) but shall not be located within five (5) feet of any lot, and may not project into the required front yard(s).

3. Covered patios and covered poolsa. For zoning districts requiring a rear yard setback greater than twenty (20) feet, covered patios, covered

pools, and similar structures may intrude no more than thirteen (13) feet into the required side or front yards except as listed below. In no case shall the permitted intrusion of the covered patio, covered pool, or similar structure reduce the yard provided to less than ten (10) feet.

b. For zoning districts requiring a rear yard setback twenty (20) feet or less, covered patios, covered pools, and similar structures may intrude no more than thirteen (13) feet into the required rear yard and shall not intrude in to the required side yard or front yards except as listed below. In no case shall the permitted intrusion of the covered patio, covered pool, or similar structure reduce the yard provided to less than five (5) feet.

4. For through lots, a covered patio may intrude thirteen (13) feet into the required front yard which functions as a rear yard and has no access to a street. In no case shall the permitted intrusion of the covered patio reduce the yard provided to less than ten (10) feet.

ARTICLE IIIGeneral Provisions

3.1 Application of Regulations: Except as hereinafter provided

3.11 Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located.

3.12 Building Heights. No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.

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3.13 Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size below the requirements of this Ordinance.

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

3.2 Rules for Determining Boundaries

3.21 General:Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Official Zoning Map, the following rules shall apply:

(a) Unless otherwise indicated, the district boundaries are indicated as approximately following property lines, land lot lines, center lines of streets, highways, alleys or railroads, shorelines of streams, reservoirs, or other bodies of water, or civil boundaries, and they shall be construed to follow such lines.

(b) Where district boundary line as appearing on the Official Zoning Map divides a lot which is in single ownership at the time of this enactment, the use classification of a larger portion may be extended to the remainder by the Zoning Officer without recourse to amendment procedure.

(c) In case the exact location of a boundary cannot be determined by the foregoing methods, the Town Council shall, upon application, determine the location of the boundary.

3.3 Access Requirements

3.31 Access to Public Streets. Access to public streets shall be maintained in accordance with the following requirements:

(a) Each principal use shall be placed on a lot or parcel which provides frontage on a public street (or private easement) having a right-of-way (or easement) of not less than twenty (20) feet.

3.4 Non-Conformance

3.41 Non-Conforming Building and Uses. It is the intent of this Ordinance to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this Ordinance is desirable to promote orderly and compatible development. It is also the intent of this Ordinance to administer the elimination of non-conforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights.

Therefore, any structure or use of land existing at the time of the enactment of this Ordinance, and amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

3.411 Unsafe Structures. Any structure or portion thereof declared unsafe by an authority may be restored to a safe condition, provided the requirements in this Section are met.

3.412 Extension. A non-conforming use of a building or buildings shall not be extended to include either additional buildings, floor area or land after the effective date of this Ordinance.

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3.413 Use. Additional non-conforming uses shall not be permitted.

3.414 Restoration of Damaged Buildings. A non-conforming building, structure or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure, building or improvement may not be reconstructed or restored to the same non-conforming use except upon approval of the Planning and Zoning Board.

3.415 Discontinuance. A non-conforming use which became such by the adoption of this Ordinance and which has been discontinued for a continuous period of two (2) years shall not be reestablished and any future use shall be in conformity with the provisions of this Ordinance.

3.416 Lots of Record. Where a lot of record established prior to this Ordinance does not conform to the dimensional requirements contained herein, the lot may be used for a single family dwelling if the district permits such use. For the use of a non-conforming lot for other than single family purposes, the owner must apply for a variance from the Town Council.

3.5 Off-Street Automobile Parking

3.51 Off-Street automobile storage or parking space shall be provided on every lot on which any permitted or conditional use is established in accordance with this Ordinance.

3.52 The term “Off-Street Parking Space” shall mean a space at least nine (9) feet wide and twenty (20) feet in length with a minimum net area of one hundred and eighty (180) square feet, excluding area for egress and ingress and maneuverability of vehicles.

3.53 Off-street parking existing at the effective date of the Ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

3.6 Vision Clearance

3.61 Visions Clearance. In all use districts, no fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one half (2 ½) and ten (10) feet from the street level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two streets.

ARTICLE IVPUD - Planed Unit Development

4.1 Intent

The intent of the Planned Unit Development District (PUD) is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, develop a desirable land use mix, provide open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional zoning districts established in this Zoning Ordinance. The proposed PUD must be in harmony with the general purpose and intent of this Ordinance, and the Glen St. Mary Comprehensive Plan. The design and construction of a PUD project shall follow a carefully devised plan of development which must be prepared in accordance with the requirements, procedures and approvals herein prescribed.

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4.2 PUD Defined

4.21 For the purposes of this Zoning Ordinance a Planned Unit Development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provision, maintenance and operation of all areas, improvements, facilities, and necessary services for the common use of all occupants thereof.

4.22 Permissible Uses. Any use which is permitted or permissible by exception in any Zoning District may be included in a PUD.

4.3 Procedures

4.31 Application for Rezoning to PUD. An application for rezoning to PUD shall proceed in general as for other application for rezoning; and, in addition to the information usually required for such applications, the following shall be required:

(a) Plats and/or metes and bounds descriptive of the area within the PUD.

(b) The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent who represents the owner(s).

(c) Evidence of unified control of the entire area within the PUD with all owners within the area of same identified.

(d) An agreement by all owners within the PUD which includes their commitment to:

1) proceed with the proposed development in accordance with the adopted PUD Ordinance and such conditions and safeguards as may be set by the Town of Glen St. Mary Council in such Ordinance; and,

2) provide a written statement of a proposal for completion of such development according to plans approved by such Ordinance; and for continuing operating and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained by Glen St. Mary pursuant to written agreement; and,

3) to bind their successors in title to any commitments made in their application.

4.32 Materials to Accompany Petition. An application for rezoning to PUD shall be accompanied by the following in sufficient copies as deemed necessary by the Town Council for referrals and recommendations:

(a) Plans, maps, studies, and reports as may reasonably be required by the Town Council in order to make the findings and determinations called for in the particular case; and

(b) A written description of the intended plan of development, clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and Glen St. Mary in general.

(c) A sketch plan at an appropriate scale supporting the above statement illustrating:

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1) The preliminary location of all uses.

2) The number of residential units proposed and/or the amount of floor area proposed, their general site distribution indicating those areas to be owner occupied and those to be renter occupied.

3) a preliminary vehicular and pedestrian circulation system including parking areas, and streets to be dedicated.

4) a system of open space and recreational uses, with estimates of acreage to be dedicated and that to be retained in common ownership.

5) a topographic map at an appropriate scale showing contour lines, including all existing buildings and wooded areas.

(d) Preliminary statements indicating how the problems of maintenance and ownership of common facilities will be resolved.

(e) Preliminary schedules of development, including the staging and phasing of:

1) Areas to be developed, in order of priority;

2) The construction of streets, utilities and other improvements necessary to serve the proposed development;

3) The dedication of land to public use.

4.33 Action by the Town Council. Following the Public Hearings as required for all allocations for rezoning, the Glen St. Mary Town Council may enact an ordinance establishing a PUD including any special conditions related thereto, based upon findings that:

(a) The proposed PUD does not affect adversely the orderly development of Glen St. Mary as embodied in this Zoning Ordinance and the Comprehensive Plan adopted by the Glen St. Mary Town Council.

(b)(c) The proposed PUD will not affect adversely the health and safety of residents or workers in

the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood.

4.34 Deviations from Ordinance Creating a PUD. In order to facilitate minor adjustments to the plans approved as part of the ordinance creating a PUD, the Glen St. Mary Town Council may approve changes in such plans which comply with the following criteria:

a. There are the same or fewer number of dwelling units and/or floor area or,b. The open space is in the same general amount, or a greater amount; or,c. The roads follow approximately the same course, have the same or greater width, have

the same public or private rights therein.

4.35 Expiration of Time Limits Provided in Ordinance Creating a PUD.If development actions required by the Ordinance creating a PUD are not taken within any time limits set by the Glen St. Mary Town Council in such Ordinance, the approval of a PUD as

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provided in such Ordinance shall become invalid and no further action shall be permitted under same.

4.4 Implementation of a PUD

4.41 Development Plans. Following the enactment of an Ordinance creating a PUD, a detailed development plan of all or part of the PUD shall be submitted to the Zoning Officer for review in accordance with the schedule of development, as contained in the Ordinance. Such development plans shall include final site plans, drawings, information, and other documentation, as required by the Glen St. Mary Town Council in accordance with Section 4.5.

4.42 Approval of Development Plan. The Glen St. Mary Zoning Officer shall review the final development plan; and, if found to be in compliance with all requirements of the PUD, shall recommend approval of the PUD and forward an approved copy thereof to the Glen St. Mary Town Council for final approval.

4.43 Recording. Upon approval of the final development plan, the Town Council shall notify the applicant by certified mail within ten (10) days of the date of approval. Upon receipt of the required fee from the applicant and the maps and other related documents, the Town Council shall present a Mylar copy of the final development plan to the Town Clerk of Glen St. Mary for recording. A copy of the final development plan shall also be sent to the Building Official’s Office.

4.44 Permits Required. All construction in the development of a PUD shall proceed only under applicable permits issued by the Building Official and Zoning Officer; and no building permit, certificate or other document authorizing construction or occupancy with a PUD shall be issued, except in accordance with the approved development plan.

4.5 Standards and Criteria

4.51 Density of Development. The total number of dwelling units and/or the total floor area shall not exceed that permitted in the equivalent Zoning District based on the uses proposed, or as approved by the Glen St. Mary Town Council.

4.52 Open Space. The open space area shall be recorded upon the final development plan of the PUD. The open space shall be utilized as a park, for either passive or active recreation or as a conservation area. The open space shall either be dedicated to a public government entity or be maintained by a community association composed of residents of the PUD. Land recorded as open shall not be encroached upon by any residential, commercial or industrial primary or accessory use.

4.53 Waiver of Yard, Dwelling Unit, Frontage Criteria, and Use Restriction. Minimum yard, lot size, type of dwelling unit, height and frontage requirements and use restrictions are waived for the PUD, provided the spirit and intent of the Zoning Ordinance is complied within the total development of the PUD.

4.54 Project Size. A PUD shall normally consist of a minimum of five acres.

4.55 Access. Access to each single family dwelling unit shall be provided via either a public right-of-way or a private vehicular way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

ARTICLE V

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Special Provisions

5.1 Building Heights

All building heights shall be limited to three stories within Town limits.

5.2 Mobile Homes and Manufactured Homes

Mobile homes will be permitted in accordance with s.320.8285, Florida Statutes. Manufactured homes will be permitted in accordance with s.553.38, Florida Statutes. Mobile Homes and Manufactured Homes must follow these requirements:

a. Mobile Home will be permitted in any residential land use category under Special Exception Article VI, Section 6.35, of the Town Zoning Code.

b. Skirting Requirements: The area between the ground and floor level of the mobile home shall be enclosed with masonry or decorative skirting.

c. Tie-Down, Anchor and Foundation Requirements:

1) The tie-down, anchor and foundation requirements of the applicable provisions of the Florida Administrative Code are incorporated by reference.

2) For tie-downs, anchors and foundations, the requirements of the Florida Department of Highway Safety and Motor Vehicles shall prevail.

5.21 MOBILE HOME PARK

A place where two or more mobile homes are located within 500 feet of one another on a lot, tract, or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space to any person for a charge or fee paid or to be paid for rental or use of facilities or to offer such a space free in connection with securing the trade or patronage of such person. Except where one unit is the primary resident of the owner of the parcel of land and a single additional unit is rented to a person not the owner of the parcel. Mobile Home Parks shall be built to State standards in effect at the time of construction. In addition they shall meet the following:

Zoning Required: A Mobile Home Park must be zoned in accordance with the procedures for a planned development, subject to all requirements therein and including the following:

a. Permitted Uses. No premises shall be used except for the following uses and their customary accessory uses or structures:

1. Mobile Home Parks shall be permitted to contain accessory or support facilities customarily incidental to the operation of the mobile home park as approved on the site plan. Such facilities to include recreational facilities, maintenance facilities and accessory laundry buildings, commissary, and swimming pools for use by park residents.

2. Recreational vehicle storage.

b. General Standards.

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1. Evidence shall be required that demonstrates compliance with standards of the State Department of Health and Rehabilitative Services, Division of Health.

2. Mobile Home Parks shall be established on parcels of land which are suitable for the proposed development and which have an area of at least five (5) acres.

c. Mobile Home Park Standards.

1. A mobile home space is a plot of ground within a mobile home park designated for the accommodation of one (1) mobile home or travel trailer.

2. Each space for a mobile home shall contain a minimum of 7,500 square feet.

3. Minimum space width of seventy-five (75) feet.

4. Each space shall be clearly defined and exclusive of space provided for the common use of tenants - such as roadways, general use walkways, centralized storage areas, and general use recreational areas.

5. There shall be no more than one mobile home occupying each space.

6. Mobile homes shall be located at least 20 feet from all mobile home park property lines.

7. Mobile homes shall be located within their designated spaces in such a way that there shall be a minimum of 100 feet between mobile homes, or between any mobile home and any building other than an approved carport or storage building.

8. No mobile home shall be located so that any part of such mobile home will obstruct any drive, walkway or public right-of-way.

9. No mobile home shall remain in a mobile home park unless it is anchored in an approved mobile home space or stored unoccupied within the centralized storage area.

10. Each mobile home space shall be improved with one patio of concrete or other suitable impervious material having a minimum area of 150 square feet and a paved driveway having a minimum area equal to that of any mobile home which will be located in the space.

11. Permanent structures located within any mobile home space shall be used only as carports or for storage purposes.

12. Each mobile home within the park shall meet the requirements of 5.2 as amended.

e. Transportation Standards.

1. Mobile Home Parks shall abut and have direct access to an arterial, collector or other major street. Minor streets in a mobile home park shall not be connected to

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streets outside the development in such a way as to encourage their use by through traffic.

2. Each mobile home space shall have access to a street in the mobile home park. Streets in a mobile home park may be dedicated to the public use or may be retained in private ownership except the Town Council may require major streets to be dedicated to the public. All streets to be dedicated to the public will be at least 30 feet wide and constructed to be surfaced with concrete or asphaltic cement. Surfacing shall be suitably sloped and drained. Private streets shall be surfaced with concrete, asphaltic cement, or similar hard surfaced material which is resistant to dust or mud. Such surfacing shall be suitably sloped and drained and will be maintained in good condition at all times by the owner or owners of the Mobile Home Park.

3. Parking requirements will be consistent with the provisions of Article III, Section 3.5 and Article V, Section 5.31 of the Towns Zoning Code.

f. Additional Standards.

1. A centralized storage area for boats, campers, camping trailers, and automobiles shall be provided in each mobile home park over 15 spaces. Such storage areas shall contain a minimum of 150 square feet for each mobile home space and shall be enclosed by a sight-obscuring fence.

2. Each mobile home space shall be provided with connections to central water and sanitary sewer systems, unless approved and permitted by H.R.S. and D.E.P.

3. Easements necessary for the orderly extension and maintenance of public utilities may be required as a condition of approval.

4. Suitable sight-obscuring fences, walls, evergreen hedges, and/or berms shall surround the mobile home park in order to visually separate the park from adjoining property except at entrance and exits points and where such buffering techniques are unnecessary due to topographical features.

5. Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of residents of the park.

g. Variances.

Any request for a variance from the above standards for a mobile home park shall be filed in accordance with the procedures outlined in Article VI, Section 6.4

5.3 Parking Requirements for all Districts

5.31 Off Street Parking Space Requirements

a. Single and two family dwellings; two spaces per dwelling unit.

b. Multi-family dwelling; three spaces per two dwelling units plus one space for owner or operator.

c. Planned Unit Development; as specified by use in Article IV.

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d. Mobile home parks and subdivisions; three spaces per two mobile homes.

e. Institutional uses such as sanitariums, rest homes, hospitals, and nursing homes; one space for each two beds plus one space for each employee.

f. Place of public assembly such as auditoriums and theaters; one space for each three seats.

g. Clubs, lodges, dance, art and music studios, and other similar semi-public uses; one space for each 300 square feet of gross floor area.

h. Hotels and motels; one space for each sleeping room plus one space for each employee.

I. All commercial uses excepting motels and hotels; one space for each 200 square feet of gross floor area.

j. Offices; one space for each 300 square feet of gross floor area.

k. Restaurants/bar uses; one space for each 150 net square feet of seating area.

l. Shopping Center; 5.5 spaces per 1,000 square feet of gross leasable retail floor area.

5.4 Design Standard for Off Street Parking

a. Drainage

Off street parking and loading areas shall be drained to prevent damage to abutting property and/or public street and alleys, and where more than two off street parking spaces are required shall be surfaced with erosion resistant material.

b. Entrances and Exits

Landscaping, curbing or other barriers shall be provided along lot boundaries to control entrance and exit of vehicles.

c. Screening

Where off street parking spaces for ten or more automobiles are located closer than forty (40) feet to a lot zoned residential and when such parking spaces are not entirely screened visually from such a lot or an intervening building or structure, there shall be provided along the lot line a continuous screen with a minimum height of six feet. Such screen shall consist of a solid wall, fence or compact permanent shrubbery.

5.5 Public, Semi-Public Uses and Special Uses

5.51 Application. All uses of land and buildings not specifically provided for in any zoning district or in other provisions of this Ordinance shall be subject to the regulations of this Article.

5.52 Public and Semi-Public Uses. Public and semi-public uses excluding utilities as defined by this Ordinance, and not listed in table 4.1 shall be permitted as follows:

a. Any public or semi-public uses may be permitted in any district providing that the

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request for such use is officially made to the Town Council in public hearing by the public body, or semi-public body desiring such use. The town Council shall determine whether or not such requested use is necessary and if the necessity is established there shall be further established conditional requirements to be met concerning such use.

b. Public and semi-public uses existing at the time of the effective date of this Ordinance and as indicated on the Future Land Use Map or Text are hereby legally established as conforming public and semi-public uses.

5.53 Special Uses. Special uses shall be permitted as follows:

5.531 Essential Utility Services. Essential public and private utility services shall be permitted in any zoning district. Essential utility services are hereby defined as installations for water, sewer, gas, telephone, electrical line, drainage systems, and other similar installation, but excluding major installation such as, electrical or gas generating plants, water and sewage treatment plants, and other similar major installations.

5.532 Major utility installations including telephone and telegraph, electricity, natural and artificial gas, radio and television stations, water and sewer treatment plants, electronic transmissions towers, may be permitted in any district, provided that such application is made to the Town Council for its review and recommendations to the Town Council which shall hold a public hearing prior to approval.

5.533 Transportation terminals may be permitted in any non-residential district, provided that such application is made to the Town Council for its review and recommendations to the Town Council which shall hold a public hearing prior to approval.

5.6 Lot and Building Requirements

All public, semi-public and special uses shall meet the lot and building requirements of the district in which they are located unless it is determined by the Town Council that such lot and building requirements would not permit the best use of the land and would not provide the best return of the public investment. In the event a variance is found necessary, such variance shall be submitted in public hearing to the Town Council for approval.

5.7 Billboards

There shall be no more billboards permitted advertising out of town businesses.

5.8 Community Residential Homes

5.8.1 Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial, residential use. Homes of six or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multi-family zoning provided that such homes shall not be located within a radius of 1,000 feet of another existing such home with six or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of Chapter 419.001, F.S.; provided, however, that the sponsoring agency or the Department of Children and Family Services notifies the City at the time of home occupancy that the home is licensed by the Department of Children and Family Services, and provides an address so that the distance requirement can be determined.

5.8.2 A community residential home means a dwelling unit licensed to serve clients of the Department

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of Children and Family Services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents.

a. When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multi-family, the agency shall notify the Town Clerk in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of the department indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets the applicable licensing criteria for the safe care and supervision of the clients in the home. The district administrator shall also provide to the Town the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The Town shall review the notification of the sponsoring agency in accordance with Article II Establishment of Districts.

b. Pursuant to review under Article II Establishment of Districts the Town may:

1. Determine that the siting of the community residential home is in accordance with its zoning regulations and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

2. Fail to respond within 60 days. If the Town fails to respond within such time, the sponsoring agency may establish the home at the site selected.

3. Deny the siting of the home.

a) The Town shall not deny the siting of a community residential home unless the Town establishes that the siting of the home at the site selected:

1) Does not otherwise conform to existing zoning regulations applicable to other multi-family uses in the area.

2) Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

3) Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing community residential home in a multi-family zone shall be an over concentration of such homes that substantially alters the nature and character of the area.

5.8.3 All distance requirements shall be measured from the nearest point of the existing home to the nearest point of the proposed home.

5.8.4 A dwelling unit housing a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential

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family units in the area in which it is established.

ARTICLE VIAdministration and Enforcement

6.1 Duties and powers of the Zoning Commissioner

6.11 A zoning officer shall be designated by the Glen St. Mary Town Council, the duties shall be as follows:

6.12 The zoning officer is authorized and empowered on behalf of and in the name of the governing body to administer and enforce provisions of this Ordinance to include receiving applications, inspecting premises, and issuing Certificates of Concurrency, Building Permits and Certificates of Occupancy for uses and structures which are in conformance with the provisions of this Ordinance.

6.13 The zoning officer does not have the authority to take final action on applications or matters involving variances, non-conforming uses, or other exceptions which this Ordinance has reserved for public hearings before the Town of Glen St. Mary Council.

6.14 The zoning officer shall keep records of all and any permits, the Certificates of Concurrency and Occupancy issued, maps, plats and other documents with notations of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted, and the same shall form a part of the records of his office and shall be a public record of Glen St. Mary.

6.15 The zoning officer shall attend all meetings of the Town Council where land use, zoning or concurrency issues are to be discussed.

6.2 Permits and Certificates

Permits and certificates shall be issued in accordance with the following provisions:

6.21 Certificate of Concurrency. Before a Building Permit may be issued the zoning officer must certify that the proposed construction will not diminish established levels of service (LOS) for water, sanitary sewer, solid waste, drainage, recreations and roads.

A Certificate of Concurrency shall be issued in accordance with the Town of Glen St. Mary Concurrency Management Ordinance.

6.22 Building Permit. The zoning officer shall issue a zoning compliance permit, which may be incorporated into the Building Permit issued under the Building Code for any permitted use or structural alteration provided such proposed use of land or structure, or structural alteration is in conformance with the provisions of this Ordinance.

6.23 An application for a permit shall be accompanied by two (2) copies of a dimensional sketch or a to-scale plan, signed by the owner, or his authorized agent, to include, as a minimum the following: Location and legal description lot dimensions with property line monuments located thereon; shape, size, height, and location of the buildings proposed to be erected, demolished, altered, or moved, and of any buildings already on the lot; yard dimensions and the use of structures, including the number of dwelling units within each structure where appropriate; easements (private and public); water courses. Upon submission of a complete application, the zoning officer shall, within five (5) working days, approve or deny, for cause, the application.

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6.24 Each permit shall be conspicuously posted and displayed on the premises described in the permit during the period of construction or reconstruction.

6.25 If the proposed excavation, filling, construction, or movement set forth in said sketch or plan are in conformity with the provisions of this Ordinance, and other appropriate coeds and ordinances of the Town, the zoning officer shall sign and return one (1) copy of the sketch or plan to the applicant and shall issue a Building Permit. The zoning officer shall retain one (1) copy of the Building Permit and one (1) copy of the sketch or plan for his records.

6.26 If the sketch or plan submitted describes work which does not conform to the requirements of this Ordinance, the zoning officer shall not issue a Building Permit, but shall return one (1) copy of the sketch or plan to the applicant along with a signed refusal in writing. Such refusal shall state the reasons for refusal and shall site the portions of this Ordinance with which the submitted sketch plan does not comply. The zoning officer shall retain one (1) copy of the sketch or plan and the refusal.

6.27 Any Building Permit shall automatically expire six (6) months from the date of issuance if the person, firm, or corporation to which the certificate or permit was issued has not clearly demonstrated that the permit is being exercised for the purpose for which it was issued, or if the work so authorized is suspended or discontinued.

6.28 Certificate of Occupancy. Certificates of Occupancy shall be issued by the zoning officer in accordance with the following provisions:

6.281 Certificate of Occupancy Required. A Certificate of Occupancy is required in advance of occupancy or use of:

(a) a building hereinafter erected;

(b) a building hereinafter altered so as to affect height, or side, front or rear yards;

(c) a change of type of occupancy or use of any building on premises.

6.3 Procedure for Variances, Special Exceptions and Appeals

6.31 Request Application

a. Request for a hearing before the Town Council for review of the decision of the zoning officer for a special exception or variance shall follow the following procedures:

1) a completed application form shall be filed with the zoning officer. Such application shall state the grounds for review of the decision of the zoning officer or, in the case of an for application for special exception or variance, the pertinent facts on which the application is based. The zoning officer may assist the applicant in preparing the application.

2) An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the zoning officer. Such site plan shall include, as a minimum, the following:

Lot dimensions with property line monuments located thereon;

Location and size of existing and proposed structures;

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Yard dimensions and the use of structures;

Easements (private and public), water course, and if existing and proposed, fences, street names, and street right-of-way lines; and such information regarding abutting property as directly affects the application, including, but not limited to, the names and current resident addresses of abutting property owners.

6.32 Public Hearing and Notice. A public hearing shall be held to consider an application for a variance, special exception or appeal. Notice of such public hearings shall be made as provided in Section 6.5.

6.33 Town Council Action. The Town Council shall hear any request at a meeting called within 21 days of the request.

a. The Council shall render a decision on any appeal or other matter before it within 14 days from the conclusion of the public hearings concerning such appeal or other matter.

b. In exercising the powers granted, the Town Council may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determinations of the zoning officer may grant or deny the special exception or variance upon entering written findings of fact, and may issue or direct the issuance of a building permit.

c. Any petition for a hearing before the Council may be withdrawn prior to action thereon by the Council at the discretion of the applicant upon written notice to the zoning officer.

d. Any person or persons severally or jointly aggrieved by the decision of the Council regarding a variance, special exception or interpretation appeal may within thirty (30) days thereafter, appeal to the Town Council.

6.34 Variance Guidelines. A variance may be granted, upon application, from the terms and provisions of this Ordinance as will not be contrary to the public health, safety, welfare and morals where, owning to special conditions, a literal enforcement of the provisions of this Ordinance will, in an individual case, result in unnecessary hardship. Such variance may be granted in such individual case of unnecessary hardship upon a written finding by the Town Council that:

a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

b. The application of the provisions of this Ordinance to the particular piece of property would create an unnecessary hardship; and

c. Such conditions are peculiar to the particular piece of property involved and not created by actions of the applicant; and

d. Relief or variance, if granted, would not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this Ordinance;

e. Provided, however, that no variance may be granted for a use of land or building that is not permitted by the Ordinance.

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6.35 Special Exception Guidelines. The Town Council shall hear and decide upon requests for special exceptions The Council may approve, approve with conditions, or deny request which are not in harmony with the intent and purpose of these regulations. In making its determination the Board shall be guided by the following:

a. Ingress and egress to the property and the proposed structures thereof, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

b. Off-street parking and loading areas where required, including consideration of relevant factors in (a) preceding, and the economic, noise, glare, or odor effects of the locations of such off-street parking.

c. Refuse and service areas, including consideration of relevant factors in (a) and (b) preceding;

d. Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use;

e. Screening and buffering, including considerations of such relevant factors as type, dimensions, and character to preserve and improve compatibility and harmony of use and structure between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district;

f. Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district and compatibility and harmony with other properties in the district;

g. Required yard and open spaces;

h. Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district;

i. Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.

In granting any special exception, the town Council may prescribe appropriate conditions and safeguards in conformity with the zoning regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these zoning regulations. In making a grant of special exception, the Council shall prescribe a time limit within which the action for which the special exception is granted shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit shall void the special exception.

6.4 Procedure for Requesting a Zoning Amendment

The governing body may, from time to time, amend, supplement or change the regulations and zoning districts herein or subsequently established. Proposals for zoning amendments, whether initiated by the governing body, the Town Council or any other person, firm or corporation, shall be treated in accordance with the following procedure:

6.41 An application must be submitted in writing to the zoning officer and must be accompanied by a

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site plan of the proposed use included in any petition for a zoning map amendment. Such site plan shall include a legal description of the property, the existing land use on adjacent and surrounding properties. An application for a change of classification for a parcel of land may only be instituted by the governing body, Town Council, the owner of the property or his authorized agent. An application for a zoning district amendment shall be submitted in writing, including reasons for the proposed change.

6.42 The competed application shall be submitted to the zoning officer. Upon receipt of an application for a zoning change, the Zoning Officer first must ensure that the proposed amendment is consistent with the land use designated for the parcel on the Future Land Use Map (FLUM). If the proposed zoning is consistent with the land use designated for that parcel on the FLUM, the process of making a change in zoning may continue. If the proposed zoning is not consistent with the land use designated for that parcel on the FLUM, a land use amendment to the Town Comprehensive Plan must be processed I accordance with s.163.3187, Florida Statutes, before the process can continue. The Zoning Officer shall ensure that a meeting is scheduled within 21 days of receipt of application.

6.43 Whenever a proposed amendment to this Ordinance involves changing the zoning classification of a parcel of property from one district to another, the Zoning Officer shall cause to have posted, at least fifteen (15) days prior to said meeting, excluding Sundays and legal holidays in a conspicuous place on said property one or more signs, each of which shall contain information as to the proposed change and the date and time of the Board meeting. The signs shall not be less than six (6) square feet in area and shall be paid for by the applicant. The Zoning Officer shall recommend to the Town Council approval or denial of the proposed amendment prior to the hearing date.

6.44 The Town Council shall hold a public hearing after Public Notice as described in Section 6.5, to consider the proposed zoning amendment, and shall take action on said proposed zoning amendment within 45 days from the conclusion of the public hearing. It shall require three (3) votes of the Council to override either a positive or negative recommendation of the Zoning Officer.

6.45 Any petition for a zoning amendment may be withdrawn prior to action thereon by the governing body at the discretion of the person, firm or corporation initiating such a request upon written notice to the Town Clerk.

6.46 A property owner, or his appointed agent, shall not initiate action for a zoning amendment affecting the same parcel of land more often than once every six (6) months.

6.5 Notice of Public Hearings

Notice of intent including time and place of all hearings, to consider a zoning amendment, appeal, variance, or special exception shall be given at least fifteen (15) days prior to said hearing, excluding Sundays and legal holidays. Notice shall be given as follows:

a. Written notice to applicant and surrounding property owners.

b. Published notice in the newspaper officially designated by the Town Council.

c. Posting of sign(s) on the property, each of which shall not be less than six (6) square feet in area. In the case of Zoning Amendment, this requirement may be met by including required information on the sign notifying the public of Town Council hearing date.

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6.6 Fees

The following schedule of fees to help defray administrative costs shall be charged for Permits and Applications related to this Ordinance. The fee shall be paid at the time of application.

Zoning Permit $500 plus cost of advertisement and certified mailingsCertificate of Concurrency $50.00Appeal $50.00Variance $150.00 plus cost of advertisement and certified mailingsSpecial Exception $250 plus cost of advertisement and certified mailingsPlanned Unit Development $500 plus $5 per acre for every acre over 10 acres, plus the

cost of advertisement and certified mailings

ARTICLE VIIDefinitions

7.1 Definitions

Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this Ordinance. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; the word “used” shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; the word “shall” is mandatory and not optional; the word “abut” shall include “directly across from”; and the word “lot” includes the words “plot”, “tract”, and “parcel”.

1. Accessory building or use. A subordinate structure or a portion of the main structure, the use of which is incidental to the main use of the premises. An accessory use is one which is incidental to the main use of the premises.

2. Alley. A public right-of-way thirty (30) feet or less in width and which affords only a secondary means of access to abutting property.

3. Basement. A story having a part but not more than one-half of its height below grade.

4. Building. See structure.

5. Building Height. The vertical distance from the mean grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height between eaves and ridge for gable, hip and gambrel roofs.

6. Building Official. The PERSON designated by the Town Council as the individual responsible for the administration of Town Building Code.

7. Clinic. A building or portion of a building where patients are not lodged overnight, but are admitted for examination and treatment by a group of professionals licensed by the State to practice the healing arts.

8. Club, Private. A building or portion thereof or premises owned and operated by a corporation, association, person or persons for a social, educational, recreational or fraternal purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

9. Town Engineer. The individual designated as such by the Town Council.

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10. Day Care Center or Nursery. A building or portion thereof or premises designed for or occupied for the purposes of providing supervised care and/or education for three or more pre-school age children. However, no overnight sleeping facilities are to be included.

11. District. A section or sections of the Town for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

12. Dock. A structure built on pilings over the water which is designed or used to provide anchorage for and access to one or more boats at anchorage. Necessary services such as water and other utilities are considered a part of a dock. However, no cooking, sleeping or business activity shall be permitted or conducted on a dock.

13. Dwelling. A building or portion thereof designed or used exclusively for residential occupancy but not including campers, hotels motels, motor lodges, boarding and lodging houses, tents, tourist courts, tourist homes, dormitory, fraternity or sorority houses, hospitals or nursing homes.

14. Dwelling Single-Family. A detached building designed for or occupied exclusively by one family.

15. Dwelling, Two-Family. A detached building designed for or occupied exclusively by two families living independently of each other.

16. Dwelling, Mobile Home. A vehicle or movable dwelling structure, licensed a such by the State of Florida, which is designed to be as a dwelling unit for one family and which stands on wheels, on rigid supports or on a foundation, but excluding prefabricated homes or sections thereof and travel trailers as defined herein.

17. Dwelling, Multiple or Multi-Family. (Commonly referred to as an apartment building) A building or portion thereof used or designed as a residence for three or more families living independently of each other within individual dwelling units.

18. Dwelling, Town House. A building designed for or occupied exclusively by one family and attached to two or more other buildings of similar design and separated by one or more party walls. The attached town-houses, as defined, constitutes a building group.

19. Lot, Corner. A lot abutting upon two or more streets at their intersection.

20. Lot Coverage. That percentage of the lot area covered or occupied by the base of the buildings including attached accessory buildings.

21. Lot Depth. The depth of a lot is the distance measured in the mean direction of the side lines of the lot from the midpoint of the front lot line to the midpoint of the opposite mean rear line of the lot.

22. Lot, Interior. A lot other than a corner lot having frontage on one street.

23. Lot Lines. The lines abounding a lot as established by ownership.

24. Lot of Record. A lot which is part of a subdivision, or a parcel of land described by metes and bounds, the plat or description of which has been recorded in the office of the Baker County Clerk of the Circuit Court. If a portion of a lot or parcel has been conveyed at the time of the adoption of this Ordinance, the remaining portion of said lot or parcel shall be considered a lot of record.

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25. Lot, Through. An interior lot having frontage on two streets, other than a corner lot.

26. Nonconforming Use. A use that does not conform with the designated use shown on the Future Land Use Map or regulations of the use district, in which it is situated.

27. Parking Lot. An open area or plot of land used exclusively for the storage or parking of motor vehicles, but no vehicles are equipped, repaired, rented or sold.

28. Public Administrative and Service Facilities. Any publicly owned property and structures necessary to provide services to the surrounding area such as fire and police protection or other normal community service.

29. Service Station, With Major Mechanical Repairs. A building or lot which may provide the sale of gasoline and normal accessories, provides in an enclosed structure major mechanical and body work, straightening of frames or body parts, steam cleaning, painting, minor welding and storage of automobiles not in operating condition.

30. Service Station, Without Major Mechanical Repairs. A building or lot which has as its primary purpose the sale of gasoline and normal accessories, for passenger vehicles, and which may also provide not more than three work bays for minor repairs and maintenance to automobiles.

31. Special Exception. A use which may be allowed within a zoning district subject to the provisions of this chapter and in accordance with the procedures as set forth in this chapter.

32. Story. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between such floor and the ceiling next above it.

33. Street. A facility, either public or private, which affords the primary access to abutting property and is intended for general traffic circulation whether existing in fee simple or by easement.

34. Street Line. The line between the street and abutting property. Also referred to as a right-of-way line.

35. Structure. Anything constructed or erected, the use of which requires permanent location on the land, or attachment to something having permanent location on the land.

36. Structural Alterations. Any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the rearrangement of any interior partitions affecting more than five (5) percent of the floor area of the building.

37. Travel Trailer or Recreational Vehicle. A vehicle less than forty (40) feet in length and used for temporary or recreational living or sleeping purposes, and standing on wheels, whether self-propelled or requiring a separate vehicle for power.

38. Vacant Land. Any lot or parcel of land which is completely open, has no use associated with or upon it and is not utilized as the required yard area for any adjoining uses.

39. Variance. A modification from the literal interpretation of the provisions, other than those provisions relating to use requirements, subject to the procedures set forth in this Ordinance.

40. Yard. An open space on the same lot with a building unoccupied or unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

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41. Yard, Front. An open unoccupied space across the full width of the lot, extending from the front building line, including open porches, to the front line of the lot.

42. Yard, Side. An open unoccupied space on the same lot with a building between the building line and the side line of the lot extending through from the front building to the rear yard or to the rear line of the lot where no rear yard is required.

43. Yard, Rear. An open unoccupied space extending across the full width of the lot and measured between the rear line of the lot and the rear building line of the main building.

44. Zoning Officer. The person designated by the Town Council as the person responsible for the administration of the Zoning Code providing for Certificates of Concurrency, Land Use Comprehensive Plan Amendments, and processing Building Permits, Certificates of Occupancy and maintaining records.

ARTICLE VIIILegal Status Provisions

8.1 Conformance and Conflict with Other Laws

Designation of zoning districts shall not preclude the need to comply with land use designations shown on the FLUM and with all other appropriate rules, regulations, statutes or ordinance affecting land or building use and development.

Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted statutes, rules, regulations, ordinances, the most restrictive, or that imposing higher standards, shall govern.

8.2 Separability and Validity

Each phrase, sentence, paragraph, section or other provisions of this Ordinance is severable from all other such phrases, sentences, paragraphs, sections and provisions. Should any phrase, sentence, paragraph, section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such declaration shall not affect any other portion or provision of this Ordinance.

ARTICLE IXEnforcement and Remedies

9.1 Penalties

Any person violating any provision of this Ordinance shall be fined upon conviction, not less than two dollars ($2.00) not more than one hundred dollars ($100.00) and costs of court for each offense. Each day such violation continues shall constitute a separate offense.

9.2 Remedies

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of this Ordinance, the Zoning Officer, legal officer, or other appropriate authority or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation; or to present the occupance of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversation, maintenance or use continues shall be deemed a separate offense.

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