§ 3-9-28. Environmentally sensitive (ES).

(a)

Intent. The purpose and intent of this district is to preserve and protect land and water areas which have ecological, hydrological, or physiographic importance to the public at large. It is intended to preserve and protect open spaces, park lands, wilderness areas, marshlands, watersheds and water recharge areas, scenic areas, beaches, and native flora and fauna. It is intended to allow limited public or private recreational and educational uses and their incidental accessory uses and structures.

(b)

Permitted uses and structures (P):

(1)

Fish and wildlife management area, nature preserve.

(2)

Gamelands, public and private.

(3)

Manufactured home (DCA), minimum requirement is one hundred fifty (150) miles per hour exposure C.

(4)

Outdoor educational facility.

(5)

Park, public or not-for-profit.

(6)

Single-family detached. Detached single-family homes may or may not have a guest suite that is structurally attached with or without cooking facilities.

(7)

Water conservation areas, reservoirs and control structures, drainage systems and water wells.

(c)

Permitted accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental to permitted and conditional uses and structures are permitted in this district, including, but not limited to:

(1)

Boat lifts and boat ramps.

(2)

Carports, garages, and storage structures.

a.

Detached accessory structures greater than two hundred fifty (250) square feet in area shall be compatible in appearance with the primary residence, at a minimum, materials and color shall be compatible with the primary residence.

b.

The total footprint of all detached accessory structures shall not exceed ten (10) percent of the parcel size or one thousand (1,000) square feet, whichever is greater.

c.

Construction trailers and cargo containers are prohibited.

(3)

Fences or walls which may be permitted prior to the principal uses and structures.

(4)

Guest suite, detached, consisting of living and sanitary facilities only. Cooking facilities shall not be permitted in a guest suite. It must meet all applicable development standards set forth in the zoning district

(5)

Keeping of pets excluding animal breeding, boarding and training.

(6)

Noncommercial boat docks may be permitted prior to the principal uses and structures.

(7)

Swimming pools, tennis court or other similar noncommercial recreational uses and structures.

(d)

Conditional uses and structures (C): (For rules and regulations for any use designated as a conditional use or structure, see section 3-9-69, conditional uses and structures).

(1)

Bed and breakfast, 1 or 2 bedrooms.

(2)

Manufactured home (HUD), minimum requirement is Wind Zone 3.

(e)

Prohibited uses and structures: Any use or structures not expressly or by reasonable implication permitted herein or permitted by special exception shall be unlawful in this district.

(f)

Special exceptions (S): (For procedure see section 3-9-6.2, special exceptions.)

(1)

All conditional uses and structures that cannot meet all conditions set forth in this Code.

(2)

Bed and breakfast, three (3) or more bedrooms.

(3)

Campground.

(4)

Emergency services.

(5)

Essential services. (See section 3-9-71, essential services.)

(6)

Government uses and facilities.

(7)

Such other uses as determined by the zoning official or his/her designee to be:

a.

Appropriate by reasonable implication and intent of the district.

b.

Similar to another use either explicitly permitted in that district or allowed by special exception.

c.

Not specifically prohibited in that district.

The board of zoning appeals shall review a favorable determination of the zoning official under this provision at the time the special exception application is presented to it. An unfavorable determination of the zoning official or his/her designee shall be appealable pursuant to section 3-9-6, board of zoning appeals.

(g)

Development standards:

ES
	Located in the Urban Service Area	Located in the Rural Service Area
Lot (min.)
Area (acres)	10	40
Width (ft.)	250	250
Setbacks (min. ft.)
Front	25	40
Side	10	20
Rear	20	20
Abutting water	20	20
Side & rear abutting Gulf of Mexico	50	50
Bulk (max.)
Lot Coverage of All Buildings	10%	10%
Height (ft.)	38	38
Density (unit/acres)	1 per 10 acres	1 per 40 acres

 

Where properties lie anywhere on a barrier island or within one thousand two hundred (1,200) feet of the water of Charlotte Harbor, the Gulf of Mexico, Lemon Bay, Gasparilla Sound, Placida Harbor, Red Fish Cove, the Myakka River, the Peace River, or Coral Creek, structures must also be constructed in accordance with section 3-9-88, waterfront property.

(h)

Off-street parking. Off-street parking shall be in accordance with section 3-9-79.

(i)

Signs. Signs should be in accordance with section 3-9-85.

(Minutes of 12-8-81, § 7; Ord. No. 89-34, § 2, 5-31-89; Ord. No. 94-55, §§ 1—3, 11-3-94; Ord. No. 2002-008, § 1, 1-28-02; Ord. No. 2014-047, § 1(Exh. A), 11-25-14)