§ 33-196. Standards for determining zoning regulations to be applied to GU property.  


Latest version.
  • (A)

    Inside the Urban Development Boundary. All properties in the GU District, which are inside the Urban Development Boundary, as shown on the Land Use Plan Map of the Comprehensive Development Master Plan, and which have not been previously trended or otherwise approved through the public hearing process for a specific use, shall be subject to the following trend determination process:

    (1)

    If a neighborhood in the GU District is predominantly one classification of usage, the Director shall be governed by the regulations for that class of usage in determining the standard zoning regulations to be applied, including setbacks, yard areas, type of structures, height, limitations, use, etc. For the purposes of this section, "trend of development" shall mean the use or uses which predominate in adjoining properties within the GU District which because of their geographic proximity to the subject parcel make for a compatible use. The Director shall be guided in determining what constitutes a neighborhood by limiting the evaluation to separate geographic areas, which may be designated by natural boundaries (rivers, canals, etc.) and/or man-made boundaries (roads, full- and half-section lines, etc.). The Director's decision shall be subject to appeal pursuant to the provisions of Section 33-314 of the Code.

    (2)

    If no trend of development has been established in the GU neighborhood, minimum standards of the EU-2 District shall be applied. All lots subject to compliance with the standards of the EU-2 District shall contain a minimum land area of five acres gross, unless a larger minimum lot size is required by the Comprehensive Development Master Plan.

    (B)

    Exceptions based on certain platting activity. Notwithstanding any other provision of this section to the contrary, certain platting activity occurring prior to April 12, 1974, which created lots meeting the minimum requirements of the EU-1 District on April 12, 1974, shall qualify such lots for those uses permitted in the EU-1 District. Those lots shall include only those lots indicated on:

    (i)

    Plats recorded prior to April 12, 1974; and

    (ii)

    Tentative plats approved as of April 12, 1974, and finally approved and recorded within ninety (90) days after such approval; and

    (iii)

    A tentative plat for single-family residential lots approved prior to April 12, 1974, if each lot in the approved tentative plat met the minimum standards of the EU-1 District, provided that no final plat or other tentative plat for the subject property was approved after April 12, 1974, and that as of December 31, 2003, a majority of the lots indicated on the tentative plat had been improved with residences pursuant to building permit in accordance with the tentative plat's provisions; and

    (iv)

    Waivers of plat approved prior to April 12, 1974; and

    (v)

    Parcels, other than the aforementioned platted lots or tentatively approved plat lots, that prior to April 12, 1974 were purchased under a contract for deed or deeded and met the minimum requirements of the EU-1 District shall be qualified for those uses permitted in the EU-1 District. However, if such deeded parcels were contiguous to and under the same ownership on April 12, 1974, and such deeded contiguous parcels are less than the five-acre minimum site size of the EU-2 District, but exceed the minimum standards of the EU-1 District, such property shall be considered as one parcel of land and cannot be divided or used except as one lot.

    (C)

    Outside the Urban Development Boundary. All properties in the GU District, which are outside of the Urban Development Boundary as shown on the Land Use Plan Map of the Comprehensive Development Master Plan and which have not been previously trended by the Department or otherwise approved through the public hearing process for a specific use, shall be governed by the following regulations:

    (1)

    All properties designated Agriculture on the Land Use Plan Map of the Comprehensive Development Master Plan shall comply with the regulations of the AU (Agricultural) District. Exceptions to this requirement are those properties designated Agriculture on the Land Use Plan Map of the Comprehensive Development Master Plan lying within the Areas of Critical Environmental Concern pursuant to Chapter 33B of this Code. Such properties shall comply with the regulations applicable under Chapter 33B.

    (2)

    All properties designated Open Land or Environmental Protection on the Land Use Plan Map of the Comprehensive Development Master Plan shall be subject to the trend determination process outlined in Section 33-196(A). Exceptions to this requirement are those areas lying within the East Everglades Area Boundaries pursuant to Section 33B-13, which shall comply with the regulations applicable under the East Everglades Zoning Ordinance pursuant to Chapter 33B, and those areas within the Rockmining Overlay Zoning Area, which shall comply with the regulations contained in Article XLI of this chapter.

    (D)

    Park and Recreation Facilities. Notwithstanding any other provision to the contrary, municipal recreation buildings, playgrounds, parks, or reservations owned or operated by a municipality, county, state, or the United States Government shall be permitted in the GU District inside the Urban Development Boundary.

(Ord. No. 57-19, § 6(B), 10-22-57; Ord. No. 74-17, § 1, 4-2-74; Ord. No. 77-65, § 1, 9-20-77; Ord. No. 04-63, § 1, 3-16-04; Ord. No. 08-57, § 1, 5-6-08; Ord. No. 17-26, § 1, 5-2-17)