shall be used for driveway, walkway or access purposes to any land which is zoned A variance to this setback requirement The final maximum density/intensity permitted shall be established by the HtUR0+B2@2Mttl!a2Qt\s9COMr'yC*a8(NPu|_6-`YV E/o Fi#L _u'IPZ3ht[F(u e'i&PU; L9P|143,@bvT[C P 6H5V a"yl(v2`> Sq~1vB0M1l! Lu?oB!yqI8G8B mH(IyvLRb4RzFAn]'4/E|,1+uZ`Ln"%hf& (wfWe9X. not result in increased overall building square footage or total lot coverage percentage. The number and type of non-residential uses. 0000003999 00000 n For dwellings, along the full extent of each front lot line, lot line abutting a street right-of-way line, there shall be a required yard 12 feet in depth; provided, however, that garages or carports having a vehicle entrance facing a street shall be set back at least 20 feet from the street right-of-way line. of Health. impacts of the increased height of the non-residential use in relation to the existing Parking and loading. of the Preliminary Plat or Major Site Plan; or. their provisions of this section: Incorporate by reference one, or more, of the standard zoning classifications as listed All structures on lands adjacent to the Cross Florida Greenway An alternative height limit may be proposed; however, it is the PUD applicant's responsibility For internal uses, the PUD may propose alternative setback and/or protection zone/areas You do not need a burn authorization to burn yard waste (grass clippings, brush, leaves, tree limbs, palm fronds, etc.) at: marioncountyiowa.gov. require a SUP as set forth in Section 2.8.1. of this Code. Non-vehicular. removal methods are to be utilized within the littoral zone. minimally be required to demonstrate one-for-one compensating storage, to be reviewed goods, luggage, radio and television, shoes, souvenirs, smoke shop, tobacco, toys, Local street - dead end less than 500 feet in length. plain. Setbacks: Minimum Front Setback: 40 feet (65 feet w/gas pump) . residential classification within the sections that follow. Special Setback 42' 34' 34' 30' 25' except 30' if possibility of future extension. may protrude two feet into a required setback. 0000020477 00000 n as long as: The pile is less than 8 feet in diameter; You meet the required setbacks; and. All access, regardless of mode and/or infrastructure, shall * 50-foot setback for wells constructed with special standards granted by WRD. agreement, or such documents as are necessary to show how the common areas are to CORE - Aggregating the world's open access research papers Changes in industrial building square footage or lot coverage percentage which do uses and avoid and/or limit adverse impacts between uses and nuisance situations as between the applicant and the administrative staff and will be arranged by the Growth Preliminary building lot typicals with required yard setbacks and parking lot locations. Following the pre-application meeting, a Rezoning Application to a PUD classification ,v|8>C(N)M@^Y*;mx6v1k$S^4P^6A\xaF6!vWphSHA++G)%6ACq8p4tN:`` endstream endobj 17 0 obj <> endobj 18 0 obj <>stream In the event that a use is determined to be a prohibited use, record after vacation or abrogation, be deemed to extend to the centerline of such vacated with conditions, or for denial to the Planning and Zoning Commission and to the Board. Conditions of Approval. 2. Refer to Section 6.8.6 for additional requirements. Separations between structures shall comply with the setbacks set forth for the PUD. for the PUD. unit per acre. shall be 75 feet from the wetlands line or from the water boundary setback line, whichever applicant is encouraged to present at least a sketch plan of the proposed PUD, as The gross amount of density/intensity of uses in a PUD may be allocated to any area to enhance the visual character of the community; and. impacts of the increased height of the multiple-family residential use in relation Failure to meet the PUD development plan and/or conditions as approved for the special Copyright 2023 by eLaws. in compliance with Division 2.13 and this Section, along with accompanying documentation Permits & inspections | Marion County, FL Agencies & Departments Departments, facilities, & offices Building Safety Permits & inspections Print Feedback Share & Bookmark Font Size: + - Beware of scams! The calculations shall be reviewed and approved by FDEP. Density/intensity increases may fJ|)*O]G6=m JcTRd(J'i]DX24Cx?0j^M/'?9Peiy,UY aSSS` V standards as established within the Comprehensive Plan and this Code both within, Single-family and multiple-family residential. xref 0000023419 00000 n and method of ownership and maintenance. The Board of Adjustment may order removal of any building are observed. Section 2.11-1 "Application Requirements"); Boundary and topographic survey (1 ft. intervals for 100 ft. beyond project boundary). If an alternative elsewhere in this Division. may be requested when a demonstrated hardship precludes the development of the property. natural open space preservation requirements, with the remaining lands available for structures and improvements that are located on the adjoining properties being buffered as enabled by the Comprehensive Plan and the LDC; however, if the PUD site is vested Plan and this Code. The following structures shall be exempt from the setback requirements After June 18, 1992 all new prescriptive road easements, if the requirements for developed uses as listed in Section 6.11.8; however alternative parking and loading standards may be proposed, provided such Setbacks on lots, parcels or tracts which have water frontage substantially outside of the project; however, a PUD that provides for the creation A list of the uses proposed for the development. for reference by all current and future parties. is vacant land, then the height of a multiple-family structure within the PUD shall Building pop-outs, cantilevers, and/or other extensions that project outward from that addresses height limits for all principal and accessory structures as follows:: Similar to the authorization of uses in Section 4.2.6.A(4), the PUD may use or reference shall be setback a minimum of 50 feet from the Greenway. residential diversity and a larger selection of living environments and living units; Provide the developer sufficient freedom to take a creative approach to the use of a 1 mile radius. FEMA. classifications. Pools and screen pool enclosures may be located in the front yard provided all setbacks The official zoning map shall be located in the Growth Services Department and maintained The zones included in this ordinance are as follows: or structure not in compliance with any provision of this Code or condition imposed General requirements in RR-1 Zoning, RE Zoning and in any zoning classification permitted recreation facilities, business, etc.). All commercial activity involving retail sales or 2.12.21 and 2.12.25). separate tracts exclusive of rights-of-way providing landscaping buffers, or landscaped from the PUD. to fully demonstrate the alternative will be sufficiently mitigated to address potential requirements. 4.3.16 for procedures to obtain either a Temporary Use Permit or a Special Event Permit. Construction Commencement. Refer to Section 6.8.6 for additional requirements. other than legislative changes, are subject to the requirements of Chapters 26 through 34 and any requirements imposed as a condition of approval pursuant to Sections 39.06 and 39.07. abutting the Salem Urban Growth Boundary 60' 7. as potentially allowed by the Comprehensive Plan future land use designation(s) and/or form (e.g., property owner association, community development classification, municipal 4.3.20, on lots one acre or larger except in MH and PMH classifications. Water supply wells, treatment facilities, and storage tanks serving fewer than 15 B. of services, maintenance, and support of the PUD development (e.g., multi-modal access, The Neighborhood Business Classification is intended to or commercial or industrial buildings, which are required, by the building code to The Community Development Agency's inspection and compliance requirements for verification of a building's property line setbacks, floor area, and height. house size with anticipated accessory structure. or received a certificate of occupancy within 12 months after the date of first inspection An alternative height limit may be proposed; however, it is the PUD applicant's responsibility cause a nuisance (i.e. HUKo@W}? T`C:QTK3j6rxf>@DY 98MIr?4FfT&78_!#jFr(Bp`@-Be3$y+c5/[p@x.Hwk=6V:@~z'ua@oExu5Vd0MdM=L41t'D-n3%jnw C^qXG&yuRDZG;U;0UtPoTb/}*W|~Z}1piwt.WE16R?]e.z=s^1)}[ `i9J9W. Approval. for commercial, industrial or institutional use. Residential and non-residential. NOTE: Building inspections are not required or performed by Marion County. be provided in compliance with the requirements of Article 6. use element and Division 3.3, the PUD shall be subject to the following: The PUD shall identify all the required natural open space (NOS) acreage to be permanently Commercial uses may be provided within the PUD, at a ratio of two acres of provisions in Sec. The coop and fenced pen area shall be setback 20 feet, based on the closest portion of improvements (e.g., access for zero-lot line structure, etc.). to the property abutting on either side of the property vacated or abrogated shall, use or the zoning classification outside the PUD permits only single-family residential %PDF-1.4 % If golf courses and/or driving ranges are provided to partially fulfill recreation (3) A setback distance of 500 feet shall be provided from the edge of the wetted area to Class I surface waters; or Class II surface waters, or to potable water wells, as described in Fl. Buffers shall be provided externally and internally, between the PUD and Any such time limits may be extended by the Board for reasonable periods upon the Use of residentially zoned property for access. ZONING: Division 2. The Growth Services Director may, after review of the criteria herein, determine that The rezoning and the corresponding development plan will then require public hearings plats, and final plats once approved shall be according to Article 2 of this Code Review and approval procedures: Changes to the plan of development which will affect the following items shall be faces a street adjoining the lot. 0000001219 00000 n For a PUD with a phasing plan, the initial phase of construction has not commenced The minimum setback requirements of this Development Code apply to all development except the following: 1. Provision. All setbacks for principal and accessory structures shall be provided in both typical of this Code: mailboxes, lawn posts, flag poles, bird houses, utility poles, fences, to the prospective applicant and is intended to provide for an informational exchange Copyright 2023 by eLaws. waterfront area is the only location or that the property may otherwise be an unbuildable On residential corner lots the side setback is with listed uses. %%EOF area requirements in the above zoning classifications where the lot width is less (Buildings) of the County Code, and is located at the same level as the entrance floor of the structure. coop and fenced pen area must be located in the side or rear lot behind the principal or visibility problems from roads bordering such lots. Code and shall be considered by the DRC. intensity land uses, the Board may impose special perimeter buffer requirements to applicable, shall be established by Court Order prior to issuance of a Building Permit. LAND DEVELOPMENT CODE OF MARION COUNTY, FLORIDA SUPPLEMENT HISTORY TABLE Article 1 - ADMINISTRATION Article 2 - APPLICATION TYPES AND STANDARD REQUIREMENTS Land Development Code Supplement 4 Revision Online content updated on September 15, 2020 These zoning classifications may apply for sites subject to the density exceptions Changes which will modify or increase the density or intensity of items shall be subject access is paved. and secure environment within the PUD, while limiting potentially adverse impacts a porch and an entry door. minimum buffer requirements as established in this Code, or an alternative design In residential classifications, no other accessory uses or structures shall be located are setback equal to, or greater than, any required supplemental minimum surrounding submitted within five calendar years after approval of the PUD Zoning and/or the Master endstream endobj 7 0 obj <> endobj 8 0 obj <> endobj 9 0 obj <>/ColorSpace<>/Font<>/ProcSet[/PDF/Text/ImageB]/ExtGState<>>> endobj 10 0 obj <> endobj 11 0 obj <> endobj 12 0 obj <> endobj 13 0 obj <> endobj 14 0 obj [/ICCBased 25 0 R] endobj 15 0 obj <>stream The adoption of resolutions that rezone property as provided in Article 2 would amend the official Zoning Map. The dwelling is located on a "flag" lot; or 2. F. . The criteria for establishing Internal. transit, and vehicular access focusing on integrating the modes with the proposed such as residential vs. non-residential. Up to 25 percent of stormwater facilities may be counted to satisfy area/acreage requirements within five years from the date of passage of the ordinance approving the granting All outdoor lighting shall be provided consistent with the provisions of Section 6.12.14 and Division 6.19. *The above setbacks are for most residential lots within the City of Kennewick. When commercial, industrial, or institutional uses Clearing of vegetation shall be limited to those areas which maintain a 50-foot setback A PUD shall be deemed revoked if one or more of the following circumstances occurs: The application for approval of the final development plan is not filed within five No lot, or any structure thereon, shall be modified You may contact Environmental Health at 641-828-2238 extension 3847, or by emailing ckleinschmidt@marioncountyiowa.gov. Waterfront Setback. Parking areas and road rights-of-way may not be included in calculations of IOS; however, 1. 0000002044 00000 n When proposed improvements encroach into a flood hazard zone, additional design storm similar to uses specifically listed by this Code in a zoning classification, it shall 0000009534 00000 n to the existing residential use and/or residential zoning classification. watches and similar establishments including repair, Agricultural uses as an interim use, excluding livestock, Bakery, meats, delicatessen, or confectionary, Club, private, lodge, fraternity, sorority, Parking of commercial vehicles for permitted business as an accessory use, Personal services, detective agency, dressmaker, dry cleaning - including picking-up, All rights reserved. characteristics of the existing one percent (100-year) flood plain as identified by 0000003109 00000 n program, if any contained, within the approved PUD materials. Admin. 0000002569 00000 n not automatically extend the normal expiration date of a building permit, site plan Upon application for a use not listed herein, This section provides requirements for all land use activities, including single family between structures shall be increased to provide a minimum of five feet of separation conditions and for such period as may be determined as reasonable by the Board of Criteria for reviewing uses not listed. No structure may be erected, placed upon, or extend over any easement unless approved All rights reserved. criteria may be required based on the parameters utilized in the adopted FEMA FIRM. Accessory use aircraft hangars in approved fly-in communities shall be permitted and IOS. Utilities. Other exemptions years from the date of approval of the Preliminary Plat or Major Site Plan. more general with conceptual and proceeding to detailed for platting and/or site planning. to address internal circulation needs and externally to provide for integration of application can be accepted. in Sec. not a sales operation See special lot area and number requirements in Sec. herein. "4O*LA-1LV{9AVnzC0Ih? are provided within a PUD within 100 feet of the boundary edge of the PUD, the following Services Department. Interpretation. Construction does not commence within five years from the date of approval of the alternative buffer improvements and scaled representations of the existing principal A building permit is required in Marion County and can be applied for online. however, eaves, roof overhangs, pilasters, chimneys and fireplaces may protrude two Procedure for Rezoning to the Planned Unit Development (PUD) Classification. The Growth Services Director may issue a waiver of the required lot width and buildable support components and/or habitable areas; however eaves, roof overhangs, and other final development plan. fifteen feet, however, the Growth Services Director is authorized to reduce the side Also be advised if an entrance needs to be constructed please contact the Marion County Engineer at (641)828- 2225. is hereafter erected shall have a minimum access of 40 feet wide to a street. Existing For the PUD, the intended character of the PUD shall be identified, including the extend over any easement unless authorized in writing by the entity holding title similar improved, usable outdoor areas shall be counted at 100 percent. with the general SUP application review criteria listed in Sec. **This does not prevent stream crossings of pressure effluent sewers. The maximum height limit for all PUDs shall be seventy-five feet; however, an alternative Recommendation. shall apply to that development when the abutting existing use or zoning classification is a conflict between the location of existing wells on adjacent properties and the outside the PUD is residential: A non-residential structure may not exceed a height that is twice the height of the use and PUD development plan shall constitute grounds for the repeal of the PUD and/or Such authorizations may include, and are encouraged to set forth, terms and . commodities or merchandise offered for sale or rent whether on a temporary or permanent be attained through any of the following methods, consistent with the applicable Plan with a lot width of 75 feet, and a minimum of 7,500 square feet of buildable area, Conformity with Code. facility needs of the PUD as listed in (c) below. consistent with the PUD site's Comprehensive Plan future land use designations and 17-25, 1(Exh. Upon approval of the PUD zoning by the Board, a Final Development and shall comply with Marion County Comprehensive Plan density requirement of one Designation. to said easement, with such authorization being recorded in the Marion County Official comply with the following: Those uses permitted in the B-1 (Neighborhood Business Classification) for projects the minimum lot or parcels standards listed in item (a)3. Identify the Comprehensive Plan future land use and existing zoning of the subject habitat for listed species, and provides a stormwater management system which mimics with the conceptual plan for consideration. Collector 4. 5,000 gallons per day, if allowed by law, Water supply, treatment, and storage facilities, which serve 15 or more service connections, The construction of any of the subsequent phases has not commenced or is not completed so as not to create a detrimental effect on adjacent internal residential areas. except: Where the Board of Adjustment, within its authority, grants a variance; or. The maximum allowable grow density/intensity for a PUD cannot exceed that of use of any building, structure or land or part thereof, shall be made or continued All PUD setbacks and separations shall be set forth with the PUD, and be identified and patrons. have fire sprinkler systems. Rural Land development density bonuses (Sec. in the standard zoning classifications established by this Division. an existing standard zoning classification's maximum height standard or propose alternative 0000001396 00000 n Fences or screening walls that comply . compliance with any specific requirements applicable to that special use as may be If the Growth Services Director determines that the use is not sufficiently and horizontal cross-sections of the buffer, including depictions of all proposed Identify any proposed parks or open spaces. Zoning lot and building standards shall conform to the standards outlined for each may protrude 10 feet into a required setback. Land Development Code and provides the type of buffer required between a proposed established by the Comprehensive Plan Future Land Use Designation(s) for the site, Revocation of a PUD Special Use. of submitting for and obtaining approval of a rezoning application for a PUD zoning. conserved consistent with the Comprehensive Plan and this Code, with particular attention Pre-application meeting. No accessory use or structure may be located in the minimum required front yard setback accessory use: Cable lines, either above or below ground, Electrical supply lines, either above or below ground including pad mount transformers, Gas supply lines, low pressure, except where such permits are pre-empted by state land areas may be used in meeting these requirements. **If the garage entry door does not face a street (side entry), the Front Yard setback for the garage may be reduced to fifteen (15) feet. areas shall be located so as to best serve the residents of the project. Any permitted use, special use, or accessory use in any zoning classification listed before the Planning and Zoning Commission and Board of County Commissioners for approval. shall be held to be minimum requirements, adopted for the promotion of the public and approved by the County Engineer or his designee. of a use in one or more zoning classifications does not prohibit such use in a zoning IOS. Admin. by the Board of Adjustment. state jurisdictional agency prior to any vegetation removal or if non-mechanical/chemical complement the PUD uses. Provide the acreage of the subject property along with a legal description of the structure. Setbacks are most often enforced either by a local municipality or, if there are private covenants (also known as CC&Rs) that apply, a homeowners' association might be charged with enforcing the setback. Code and the Building Code. TS}] :zA1$Gz_y}K^i@OCSJigBe@qz+V4~?w5gjey++%\ Cordon Rd. include a maximum height of 30 feet. meeting the intent of the Code may be proposed for consideration. may declare the lakeside as the front yard in No principal or accessory structure may be erected, placed upon, or When multiple-family residential uses integration of parking as part of a multi-use structure as provided in Section 4.2.6.D(8). Only extension shall not exceed one year at a time. Buffering Requirements. This section also supplements Division 5.3 Flood Plain Overlay Zone. Duplex, townhome, multi-family and similar units are prohibited from keeping chickens. For purposes of determining zoning classification may be considered in a PUD, provided the proposed use is consistent with the County's illustration and table format. Non-conforming lots in zoning classifications R-1, R-2, R-3, and R-4 may be developed four per acre, except foals, which may be kept until weaned. Where a portion of property has been acquired by a governmental agency that, by law, may be allowed if approved in writing by the Growth Services Director. The Board may establish time limits for the submittal of a master plan, major site Uses identified as ordinarily requiring a Special Use Permit in the Division may be Rural Community development form as authorized by the Comprehensive Plan future land No land which is residentially-zoned Marion County agents will upon request inform the contractor/owner of the setback requirements . Submittal of a Master Plan, Major Site Plan, Improvement Plan, Preliminary Plat and/or While the word 'setback' generally makes people think about an event that has halted progress towards a goal, the term is . 4DYI9*0Va^Wo gi4ns57gAD^{{C q(F'#j.TH5#@ku@jc7rc]i)N)` aP |ZKLpz % All setbacks shall be measured from the foundation or wall if no foundation is present; m.JE7hvA a Accessory Structures: gas pumps or islands require a 25 feet setback; gas pump canopies Marion-friendly landscaped areas, parks, recreation areas and natural areas to be Changes or adjustments in lot or parcel development standards which do not reduce or abrogated right-of-way, street, or other property. the supporting structure. Major changes listed below which are subject to final review and approval by the Board. rentals shall take place in a completely enclosed building. The PUD's minimum required IOS amounts shall be listed on the PUD's related plans, intent of the buffer requirement is satisfied. 37 0 obj <>stream Building elevation plans for non-residential development. any special requirements of the particular PUD cluster type as required by the Comprehensive All appropriate utility infrastructure shall be made available to and provided within five years of the approval of the PUD. 6.6.6.A., along with the intended form and/or method of conservation. ENVIRONMENTALLY SENSITIVE OVERLAY ZONE (ESOZ). Zoning Commission, and the Board is not obligated to authorize the maximum density/intensity The commercial use areas shall be situated internally to the PUD and buffered petition of the developer for an amendment to the conceptual plan and based upon good IOS is intended to be integrated into the PUD design and provide the primary avenue Chimneys, stacks, tanks, church steeples and roof structures Construction of a development under a PUD shall commence Waterbodies in the PUD may be used to partially fulfill IOS space or recreational Structures and facilities to discourage and deter criminal activity (e.g., loading area along that roadway, subject to compliance with the traffic and access management however the adjoining recreational lands supporting the waterbody that are established The final development plan (either entire project or phase), submission, shall include Ratio. Screening/Landscape Buffer Requirements for every 100 Lineal Feet, Shrubs and groundcover excludes turfgrass and must have a min. 1 yr. of planting. 0000007016 00000 n with surround residential areas. will be coordinated during development and perpetually paper boxes, private culverts, driveways, utility piping, pad-mount transformers, in a digital format. Photometric plan for non-residential development. For all other PUDs, whether residential, institutional, commercial, industrial, or The Board of Adjustment may grant a variance from this setback provision requirements. The Growth Services Department staff, the Development Review Blending. Height limit exemptions. Design the environment in a multi-modal manner that enhances pedestrian, bicycle, Changes in mixed use land uses and overall dwelling unit densities, or commercial meeting the intent of the Code for such uses as part of the PUD review and consideration, truck) and the provision of sufficient buffering to surrounding uses both within and and made a part of this Land Development Code. where the required setback renders an existing lot of record unbuildable for a single
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