§ 2.02.00. Uses allowed in land use districts.

2.02.01

Generally. This section defines and prescribes the specific uses allowed within each land use district prescribed in the comprehensive plan and this Land Development Code.

2.02.01(A)

Restrictive rezoning.

(1)

Notwithstanding the provision of any section of this Land Development Code, in amending the land use district at the request or concurrence of the applicant, the development review board may recommend that the town council approve such amendment with restrictions applicable only to the property involved in the change, provided that such restrictions confer upon the applicant or subject property no privileges otherwise denied by these articles to other lands, structures or buildings in the same district. The applicant's request shall include a development plan. Such restrictions may include one or more of the following:

a.

Use restrictions greater than those otherwise specified for the particular district.

b.

Density restrictions greater than those otherwise specified for the particular district.

c.

Setbacks greater than those otherwise specified for the particular district, including setbacks from lakes and major arterials.

d.

Height limits more restrictive than otherwise permitted in the particular district.

e.

Minimum lot areas or minimum widths greater than otherwise specified for the particular district.

f.

Minimum floor area greater than otherwise specified for structures in the particular district.

g.

Open space requirements greater than otherwise required for property in the particular district.

h.

Parking, loading, driveway or traffic requirements more restrictive than otherwise required for the particular district.

i.

Fencing or screening requirements greater than otherwise required for the particular district.

j.

Restrictions on any other matters which the town council may regulate under this Land Development Code.

(2)

Upon approval of such restrictive rezoning, the town planner shall enter the applicable restrictions, or reference thereto, on the official zoning maps of the town in a manner sufficient to constitute notice to all interested persons. Restrictions shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon amendment to the district.

2.02.02

Types of uses.

(1)

Residential.

a.

The category of residential uses includes single-family dwellings, accessory apartments and guesthouses, rectories and mobile modular and manufactured housing, but specifically excludes recreational vehicles, travel trailers or similar vehicles.

b.

Group homes and foster care facilities licensed by the state shall be permitted as required by state law.

(2)

Commercial. A wide variety of commercial uses are included in this category to include those listed and other substantially similar types of uses:

a.

Shopping centers.

b.

Personal service establishments, such as; barbershops, beauty parlors, medical and dental clinics, restaurants, financial institutions, professional and other offices, travel agencies, service stations, laundry and dry cleaning pickup stations, self-service coin-operated laundry and dry cleaning establishments, shoe repair, and locksmiths.

c.

Retail business, such as; drug, liquor, hardware stores, book, stationery, china and luggage shops, newsstands, photographic supplies and studios, ladies', men's and children's apparel.

d.

Automobile repair shops for ignition, fuel, brake and suspension systems.

e.

Theatres, except drive-in theatres.

f.

Florist shops, the products of which are displayed and sold wholly within an enclosed building.

g.

Grocery, fruit, vegetable and meat market stores.

h.

Health baths.

i.

Interior decorating, home furnishings and furniture stores.

j.

Music conservatory, dancing schools and art studios.

k.

Music, radio and television shops.

l.

Retail paint and wallpaper stores.

m.

Dry cleaning establishments using equipment which emits no smoke or escaping steam, and which use nonflammable synthetic cleaning agents (perchloroethylene, trichloroethylene, etc.).

n.

Bakeries, the product of which are sold only at retail on the premises.

o.

Other uses which are similar or compatible to the uses permitted herein, which would promote the intent and purposes of this district. Determination shall be made by the town council which shall be without public notice or public hearing.

(3)

Recreational. These uses include areas for outdoor recreational activities such as picnicking, jogging, cycling, arboretums, hiking, playgrounds, ball fields, outdoor ball courts, outdoor swimming pools and water-related or water dependent uses such as boat ramps, fishing docks and piers, and all similar outdoor recreation uses, whether public or private. Specifically excluded from this group of uses are firing ranges, marinas, miniature golf courses, racetracks and similar recreational or quasi-recreational activities inconsistent with the allowable outdoor recreational uses described.

(4)

Conservation. Such uses and activities as are outlined in section 5.02.04(b) are permitted.

(5)

Public service. This group of activities includes uses such as emergency service activities (buildings, garages, parking, dispatch) for fire, police, ambulance and rescue, as well as water plants, electric sub-stations and telephone exchanges. Where these uses are within a residential land use district or abut a residence, the development review board shall ensure that the adjacent and owners are properly protected from objectionable odors, noises or views.

(6)

Government offices and facilities. This type of use includes government owned buildings, facilities and land. It includes buildings owned by a government entity and rented or leased to others.

(7)

Institutional. This type of use includes educational facilities (public or private), preschool and day care facilities (public or private), churches, residential care facilities and other similar institutional uses.

(8)

Agricultural. Agricultural uses include residences, croplands, groves, pastures, forestry, aquaculture, and buildings which are an accessory to these agricultural uses. This category of uses does not include processing or distribution plants for agricultural products and supplies.

(9)

Restricted commercial. This group of uses includes business and professional offices, medical offices or clinics, government offices, financial institutions without drive up facilities, day care facilities, convenience stores and personal service businesses where the service is performed on an individual-to-individual basis as opposed to services which are performed on objects or personal property. Examples of personal service businesses are barbershops, beauty shops, photography studios and travel agencies.

2.02.03

Allowable uses within each land use district.

(1)

Residential. The following uses are allowed in the residential land use district. All others are prohibited.

a.

Single-family residential and accessory dwelling units.

b.

Public service.

c.

Public elementary school.

(2)

Public. The following uses are allowed in the public land use district. All others are prohibited.

a.

Outdoor recreational.

b.

Conservation.

c.

Public service.

d.

Government offices and facilities.

e.

Institutional.

f.

Such offices: music, drama, art or dance schools; and similar or compatible businesses appropriate to a government or institutional building, as are determined to be permissible by the town council without need for a public notice or public hearing.

g.

Public elementary school.

(3)

Commercial. The following uses are allowed in the commercial land use district. All others are prohibited.

a.

Commercial.

b.

Restricted commercial.

c.

Public service.

d.

Government offices and facilities.

e.

Single-family residential, as an additional alternative, but not concurrent use in a restricted commercial area (Ord. No. 98-1).

f.

Public elementary school.

(4)

Conservation. The following uses are allowed in the conservation land use district. All others are prohibited.

a.

Conservation.

b.

Outdoor recreation.

c.

Agricultural (citrus, silviculture and nature range land only).

(5)

Planned unit development (mixed use). The following uses are allowed in the planned unit development land use district. All others are prohibited.

a.

Residential.

b.

Restricted commercial.

c.

Outdoor recreation.

d.

Public service.

e.

Conservation.

f.

Institutional.

g.

Government offices and facilities.

h.

Public middle and high school.

(6)

Agriculture. The following uses are allowed in the planned unit development land use district:

a.

Agriculture.

b.

Public service.

c.

Public elementary school.

(7)

Recreation. See subsection 2.02.02(3) of this section, also public elementary school.

2.02.04

Table of density and dwelling unit types of residential use.

Land Use District		Gross Density (1)	Housing Types (2)
			SF	MF	MH
Residential		1 DU/1 acre	A	P	P*
(existing plats)		(1 DU/platted lot)	A	P	P*
Public		NA	P	P	P
Commercial		NA	P	P	P
Conservation		NA	P	P	P
Mixed use		4 DU/1 acre	A	A	P
Agriculture		1 DU/10 acre	A	P	P*
"A" stands for allowed
"P" stands for prohibited on a permanent or temporary basis
(1) This column indicates the gross density allowable subject to minimum requirements
(2) This part of the table indicates where certain housing types are allowed. The abbreviations for and certain requirements relating to these housing types are as follows:
	"SF" stands for single-family which includes site-built homes and modular homes manufactured under the state manufactured Building Act and certified by the state department of economic opportunity, community planning and development as complying with the structural requirements of the Florida Building Code
	"MF" stands for multifamily as defined in this Land Development Code
	"MH" stands for manufactured housing not meeting the standards of the Florida Manufactured Building Act; included are motor homes, travel trailers and similar vehicles. *See section 3.02.02(4)b.2 for exception

 

2.02.05

Floor area ratio.

(1)

Generally. A floor area ratio is a measurement of the intensity of development on a site. For purposes of this Land Development Code, floor area ratios (FAR) are provided only for nonresidential development (see section 6.01.02(e) for impervious surface ratio).

(2)

Calculating floor area ratio. The floor area ratio is the relationship between the total floor area on a site and the gross site area. The FAR is calculated by adding together the floor areas of all floors and dividing this total by the gross site area. See figure 2.02.04-A for a graphic illustration of this concept.

(3)

Table of floor area ratios.

Land Use District		Maximum "R"	FAR "B"
Public
	Public service	0.50	1.00
	Government facilities	1.00	2.00
	Institutional	0.75	1.00
Commercial
	Commercial	0.60	1.20
	Restricted commercial	0.60	1.20
	Public service	0.30	0.60
	Government facilities	1.00	2.00
Mixed use
	Restricted commercial	0.50	1.00
	Public service	0.25	0.50
	Institutional	0.50	1.00
	Government facilities	0.75	1.50
"R" indicates the maximum floor area ratio subject to minimum requirements.
"B" indicates maximum floor area ratio subject to the intensity bonus provisions in section 2.03.00.

 

(Ord. No. 91-6, § 3(2.02.00), 2-11-1992; Ord. No. 94-2, § 1(h), 2-8-1994; Ord. No. 97-5, 9-9-1997; Ord. No. 2009-03, § 3, 6-9-2009; Ord. No. 2016-01, §§ 8, 9, 7-12-2016)