§ 13-422. Residential zoning districts.

(a)

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

(1)

Rural Residential Districts (RR5, RR5C, RR2.5, RR2.5C, RR1, RR1C). The purpose and intent of the single-family rural residential zoning districts is to provide a range of densities, promote a rural residential atmosphere where families, depending on the district, may reside in one (1) conventional or Class A or B mobile home dwelling unit per parcel and grow food and keep livestock for domestic use, and also to provide a buffer between agricultural and higher density residential uses, see Table 13-431A for permitted uses.

(2)

Suburban Residential Zoning Districts (R2M, R2C, R4M, R4C, R6M, and R6C). The purpose and intent of the suburban residential zoning districts is to provide a range of suburban densities, residential atmosphere where families, depending on the district, may reside in one (1) conventional or Class A or B mobile home dwelling unit per parcel or a multifamily building, and to provide a buffer between districts of lower and higher residential densities, commercial or other more intensive zoning districts, see Table 13-431A for permitted uses.

(3)

High Density Residential Districts (HDR-12, HDR-24). The purpose and intent of the high density residential zoning districts is to provide higher density, residential atmosphere where families may reside in a multifamily building, and to provide a buffer between districts of lower and higher residential densities, commercial or other more intensive zoning districts, see Table 13-431A for permitted uses.

(b)

Planned Unit Development District. This district identifies and provides for lands which are suitable for unified development consisting of uses allowed in one (1) or more zoning districts provided the properties which are located in a mixed use land use category, or are developed as developments of regional impact, have unique or innovative development types, and are therefore suitable for unified development.

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

(1)

RPUD (Residential Planned Unit Development) Zoning District.

a.

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

1.

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

2.

Provides a stable environmental character compatible with surrounding areas.

3.

Creates functional and attractive developments.

4.

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

5.

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

b.

Optional and mandatory PUD.

1.

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

a)

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

b)

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

c)

Optional PUD does not require a comprehensive plan amendment.

2.

Mandatory PUD. PUD is mandatory when:

a)

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

b)

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

c.

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

d.

Location. RPUDs shall be located as follows:

1.

In UDAs. All RPUDs proposed for location within areas designated as urban development areas on the FLUM shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a paved and county maintained local road at a location with direct access, of not more than one-quarter (¼) mile in length, to an arterial or collector road.

2.

Outside of UDAs. All proposed RPUDs outside of urban development areas on the FLUM shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a county maintained paved road with direct access, of not more than one-quarter (¼) mile in length, to an arterial or collector road.

e.

Size. The minimum size requirements for an RPUD zoning district are as follows:

1.

Outside an urban development boundary on the FLUM—Twenty (20) acres and a minimum of one hundred one (101) dwelling units.

2.

Within an urban development boundary on the FLUM—Ten (10) acres, except that development within urban development areas where all units qualify as low-income housing may be allowed on five (5) acres.

3.

Within the commercial category on the FLUM—Five (5) acres, except that development within urban development areas where all units qualify as low-income housing may be allowed on two and one-half (2½) acres.

f.

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

1.

Within designated residential categories, the commercial floor area shall not exceed ten (10) percent of the residential gross floor area approved for occupancy.

2.

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

3.

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

g.

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

1.

Within an urban development area—Twenty-five (25) percent of the required development tract.

2.

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

h.

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

i.

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

(2)

RVPUD (Recreational Vehicle Planned Unit Development) Zoning District.

a.

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

1.

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

2.

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

b.

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

1.

Application process. RVPUDs are allowed within commercial and rural residential future land use districts within the urban development area.

b)

RVPUD zoning applications shall include a conceptual master plan that provides adequate information to determine compatibility with the surrounding area.

c)

A major site develop permit is required for all new and expanded RVPUDs

d)

All RVPUD development outside of an urban expansion area require a comprehensive plan amendment to the Mixed Use land use category (Policy 1.6.7 of the Future Land Use Element of the Sumter County Comprehensive Plan). Densities will be controlled according to the standards for mixed use. Upon adoption of the required land use, an application for RVPUD must be approved. A major site develop permit is required for all new and expanded RVPUDs.

2.

Use considerations. Because of the higher densities of RVPUDs, and because of the residential/commercial nature, placement of this use requires special consideration. The reviewing and deciding authorities must consider the impact of the use on surrounding property. The approving authority may grant approval subject to conditions of development deemed necessary to assure compatibility with surrounding land uses.

c.

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

d.

Location. RVPUDs shall be located as follows:

1.

In UDAs. All RVPUDs proposed for location in areas designated as urban development areas on the county comprehensive plan future land use map (FLUM) shall be in the rural residential or commercial areas on said map and shall be located on a road designated as arterial or collectorby the Florida Department of Transportation, or on a paved and county maintained local road at a location with direct access of not more than one-quarter (¼) mile in length to an arterial or collector road.

2.

Outside of UDAs. In addition to meeting the requirements of F.S. § 163.3167 et seq. and Comprehensive Plan Future Land Use Element Policy 1.6.7, all RVPUDs proposed for location outside of areas designated as urban development areas on the FLUM must meet PUD standards and be located on a road designated as arterial or collector by the Florida Department of Transportation, or on a paved and county maintained local road at a location with direct access of not more than one-quarter (¼) mile in length to an arterial or collector road.

e.

Size. The minimum size requirements for an RVPUD zoning district are as follows:

1.

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

a)

Within the rural residential future land use category, ten (10) acres.

b)

Within the commercial future land use category, five (5) acres.

2.

All RVPUDs proposed for locations outside of areas designated as urban development areas shall have a minimum of one hundred one (101) RV sites and a minimum land area of twenty (20) acres.

f.

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

1.

Within an urban development area:

a)

Commercial future land use: Fourteen (14) units per gross acre.

b)

Rural residential future land use: Ten (10) units per gross acre.

2.

Outside an urban development area: Four (4) units per gross acre.

g.

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

1.

Outside of urban development areas. At any time there must be at least ten (10 square feet, but not more than twenty-five (25) square feet, of commercial floor area approved for occupancy for every RV space approved for occupancy.

2.

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

h.

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

1.

Within an urban development area, twenty-five (25) percent of the required development tract.

2.

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

i.

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

1.

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

2.

Class "B" site. This site is intended for the placement or occupancy of an RV unit, without additions or attachments, for a temporary or transient type of placement and occupancy of not more than six (6) months in any period of twelve (12) consecutive months. Additions such as carports, screen rooms, storage rooms and enclosed living area are prohibited on these sites. Class "B" sites shall meet the land use and development standards contained elsewhere in this chapter.

j.

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

k.

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

(3)

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

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

a.

MPD (Master Planned Development) Zoning District.

1.

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

a)

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

b)

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

c)

Creates functional and attractive developments.

d)

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

e)

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

f)

Promotes the establishment of communities that support civic pride and responsibility.

2.

Optional and mandatory MPD.

a)

Optional MPD. MDP is optional when:

1)

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

2)

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

b)

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

3.

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

4.

Layout. The lots within a MPD shall be clustered on uplands, in a manner to preserve the function and integrity of the site's natural areas and environmental systems. Flexibility of minimum lot widths and size is allowable, and can be determined during the master plan approval process. Lots must be of sufficient size and width to accommodate structures, and lots of under one-half (½) acre will require affirmative justification. Lot layout and design must be compatible with the design and layout of the overall site. The location of lots shall be arranged in a manner sensitive to the natural areas of the site and shall seek to provide lots with a view of the natural areas or access to the natural areas. The design of the site shall provide for potential future roadway connections to surrounding properties.

5.

Implementation, maintenance, and enforcement. MPD's shall be implemented through:

a)

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

b)

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

c)

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

d)

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

e)

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

f)

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

g)

Failure of the homeowners association and the member residents to maintain the provisions of the approved plan of development shall be a violation of this chapter and subject to code compliance action.

6.

Location. MPDs may be located as follows:

a)

Mandatory MPD's shall be located on a road designated as arterial or collector on comprehensive plan Map 2-2 Existing Road Network—Functional Classification, or on a county maintained paved local road with direct access, of not more than one-quarter (¼) mile in length, to an arterial or collector road.

b)

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

c)

Optional MPD's may be located in agricultural, rural residential, low density residential or mixed use land use areas. They must be located on or within one-quarter (¼) mile of an arterial or collector road or other paved and county maintained roadway.

7.

Size. The minimum size requirements for an MDP zoning district are as follows:

a)

Outside an urban development boundary—One hundred (100) acres

b)

Within an urban development boundary—Fifty (50) acres.

8.

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

(Ord. No. 2015-17, § 3(Exh. A), 9-22-15; Ord. No. 2018-05, § 3, 2-13-18; Ord. No. 2018-20, § 3(Att. A), 7-10-18)