§ 13-312. Development classifications.

To provide an appropriate level of review and approval, all proposed development shall be classified by the director as either exempt, minor or major development according to the criteria below. An application for a development permit for all non-exempt development shall include sufficient information to allow the director to determine the appropriate classification. This classification shall then determine which permitting procedure presented in section 13-341 shall be required. Exempt development shall not require any review or permitting under this chapter. Classifications are defined as follows:

(a)

Exempt development. A development activity shall be designated as exempt from the review and permitting requirements of this chapter if it meets the criteria contained herein, provided such exemptions are not aggregated to circumvent the purpose and intent of this chapter. Development activity exempt from permitting shall comply with the applicable land use and development standards requirements of this chapter.

(1)

Site development/activity.

a.

Where proposed improvements are completely interior to an existing structure and no change of occupancy occurs.

b.

Mechanized land clearing and/or creation of impervious surfaces exempt from surface water management permitting by the -Southwest Florida Water Management District.

c.

Excavation of material meeting the following criteria:

1.

Excavation does not violate any local, state or federal wetland or floodplain regulations, and

2.

Excavation does not create any run-off or drainage onto property owned by others, and

3.

Not more than two thousand (2,000) cubic yards (i.e. 75"×75"×10") per parcel is excavated.

4.

Streets, roads, easements and related construction by or for government entities, when not part of development otherwise regulated by this chapter.

5.

Above or below ground electric power, telephone, telegraph, TV cable, gas, water, and sewer lines, wires or pipes (together with supporting poles, and related structures not more than one hundred (100) square feet in area and ten (10) feet high) installed by or for governmental bodies and public or private utilities, and located within a public road right-of-way for which permission for such installation has been obtained, when not part of development otherwise regulated by this chapter.

6.

Repaving a lawfully existing impervious surface.

7.

Site development activity by or for the commission and other entities having the power of eminent domain.

8.

Activities filling or re-contouring land that are not within a floodplain and do not require a surface water management permit from the Southwest Florida Water Management District, excluding activities in conjunction with construction of private use race tracks for motorized vehicles.

(2)

Building construction.

a.

Construction of buildings that meet the setback requirements and are to be used for farming purposes on agricultural parcels, provided there is no electrical, plumbing or mechanical installation.

b.

Additions to residential units and residential accessory buildings that meet the setback requirements:

1.

In land use zones R2M, R2C, R4M, R4C, R6M and R6C when the addition or accessory building:

a)

Does not provide enclosed living area, and

b)

Does not contain electrical, plumbing or HVAC fixtures, and

c)

Is not larger than one hundred (100) square feet under roof.

2.

In land use zones A10, A10C, RR5, RR5C, RR2.5, RR2.5C, RR1 and RR1C when the addition or accessory building:

a)

Does not provide enclosed living area, and

b)

Does not contain electrical, plumbing or HVAC fixtures, and

c)

Is not larger than two hundred (200) square feet under roof.

c.

Temporary construction offices and storage units on property for which a development permit for a principal structure has been issued and is currently in effect.

d.

Signs:

1.

Temporary signs. All temporary signs are exempt from permitting.

2.

Permanent signs. Erection of ground signs of not more than fifteen (15) square feet of face area provided such sign is not greater than ten (10) feet in height and does not utilize electrical devices and shall meet the requirements of article V.

e.

Building construction by or for the school board and other entities exempt from local development approval.

(b)

Minor development. Unless exempted in subsection (a), a development activity shall be designated a minor development if it does not exceed any of the following criteria:

(1)

Subdivision of land. The subdivision of a parcel of land into five (5) lots or less, provided each lot created has the required frontage on a county or state maintained road, and the minimum area and dimensions required for its land use zone.

(2)

Site development/activity.

a.

New development generating less than seven hundred fifty (750) average daily vehicle trips.

b.

Construction of new impervious surface less than four thousand (4,000) square feet.

c.

Excavation of more than two thousand (2,000) cu. yd. but not more than ten thousand (10,000) cu. yd. (i.e. 150"×150"×12") per parcel.

d.

Community water supply system wellfields, and accessory facilities, of not more than two hundred fifty thousand (250,000) gallons per day capacity.

e.

Wastewater treatment facilities of not more than two hundred fifty thousand (250,000) gallons per day capacity and/or effluent disposal facilities of not more than five hundred thousand (500,000) gallons per day capacity.

f.

Reserved.

g.

Activities filling or re-contouring land that require a surface water management permit from the Southwest Florida Water Management District.

h.

Land application of septage or sludge.

i.

Communication Towers that do not exceed two hundred (200) feet in height.

(3)

Change of occupancy. Any minor development which changes to an occupancy identified in section 13-340.

(c)

Major development. Unless exempted in subsection (a) or designated a minor development by subsection (b), a development activity shall be designated a major development if it satisfies one (1) or more of the following criteria:

(1)

Subdivision of land.

a.

The subdivision of a parcel(s) into six (6) lots or more, where such lots have the required frontage on a county or state maintained road.

b.

Any non-residential subdivision of land.

c.

The subdivision of a parcel into more than two (2) lots, where such lots have the required frontage on a privately maintained road.

d.

Any replat of property.

(2)

Site development/activity.

a.

New development generating greater than seven hundred fifty (750) average daily vehicle trips.

b.

Construction of new impervious surface area greater than four thousand (4,000) square feet.

c.

Excavation of at least ten thousand (10,000) cubic yards, but not more than fifty thousand (50,000) cubic yards per parcel.

d.

Mining as defined in section 13-644 of the Land Development Code.

e.

Community water supply system wellfields, and accessory facilities, of more than two hundred fifty thousand (250,000) gallons per day capacity.

f.

Wastewater treatment facilities of more than two hundred fifty thousand (250,000) gallons per day capacity and/or effluent disposal facilities of more than five hundred thousand (500,000) gallons per day capacity.

g.

Communication towers greater than two hundred (200) feet.

(3)

Change of occupancy. Any major development which changes to an occupancy identified in section 13-340.

(4)

Other. Notwithstanding the other provisions of subsections (a) or (b) or this subsection, the following development shall be classified as major:

a.

Any development activity requiring a conditional use approval.

b.

Any planned unit development land use.

c.

Any construction and demolition debris landfill.

d.

Any development designated as a major development by the director, unless specified otherwise by the commission, because:

1.

It is part of a larger development that does not qualify as a minor.

2.

It should have major development review due to its complexity, location or potential for adverse impact to the community.

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15; Ord. No. 2018-05, § 3, 2-13-18)