§ 3-9-29. Parks and recreation (PKR).

(a)

Intent: The purpose and intent of this district is to provide land for recreational opportunities, as well as to protect and preserve submerged lands in the county extending seaward from the mean high-water line or bulkhead line. Canals, manmade lakes, ponds, and water impoundment areas are specifically excluded from the operation of this section.

(b)

Permitted uses and structures (P):

(1)

The following uses and structures shall only apply to uplands:

a.

Boat ramps.

b.

Cemetery, mausoleum.

c.

Community garden.

d.

Golf course.

e.

Government uses and facilities.

f.

Outdoor educational facility.

g.

Park, public or not-for-profit.

h.

Recreation, indoor.

i.

Recreation, outdoor.

j.

Telecommunications facility, fifty (50) feet or less in height. (see section 3-9-68, communication towers)

(2)

The following uses and structures shall only apply to submerged lands:

a.

Boat docks, boat lifts, ramps and piers.

b.

Navigational markers and signal devices.

c.

Seawalls, bulkheads, riprap, and similar structures.

d.

Uses such as boating, swimming, fishing, diving, water skiing, surfboarding, wading, and similar activities.

(c)

Permitted accessory uses and structures shall only apply to uplands: 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)

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

(d)

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

(1)

Livestock breeding, boarding, training, and grazing.

(e)

Prohibited uses and structures: Any use or structure 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)

The following uses shall only apply to uplands:

a.

Amphitheater.

b.

Animal sanctuary, zoo.

c.

Auditorium, convention center, performing arts center.

d.

Campground.

e.

Clubhouse, community center.

f.

Leisure vehicle rental.

g.

Marina.

h.

Motor sports track, venue.

i.

Outdoor market or exhibition space.

j.

Place of worship. (See section 3-9-82, places of worship).

k.

Telecommunications facility, greater than fifty (50) feet in height. (See section 3-9-68, communication towers.)

(2)

The following uses shall only apply to submerged lands:

a.

Boat houses.

b.

Houseboats and boats used for living purposes. (See section 3-9-65.1, boats used for living purposes; houseboats.)

c.

Mooring fields.

(3)

Principal structures and uses which relate directly and immediately to permitted uses in upland zoning classifications abutting a PKR district.

Such other uses in uplands and submerged lands 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.

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

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.

All uses within this district are subject to all regulations and permitting procedures of all agencies having jurisdiction over county waters.

(g)

Development standards:

	PKR
Lot (min.)
Area (sq. ft.)	5,000
Width (ft.)	25
Setbacks (min. ft.)
Front	10
Side	10
Rear	10
Abutting water	20
Bulk (max.)
Lot Coverage for All	40%
Buildings (active park)
Lot Coverage for All Buildings (passive park)	10%
Height (ft.)	38
Density (units/acre)	0

 

See section 3-9-65.1, "boats used for living purposes; houseboats."

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)

Signs. Signs for uplands should be in accordance with section 3-9-85. All signs are prohibited except signs for navigations, warning, trespassing and caution.

(i)

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

(Ord. No. 2014-048, § 1(Exh. A), 11-25-14)

Editor's note

Ord. No. 2014-048, § 1(Exh. A), adopted Nov. 25, 2014, repealed the former § 3-9-29, and enacted a new section as set out herein. The former § 3-9-29 pertained to marine park (MP) and derived from minutes of Dec. 8, 1981, § 7; Ord. No. 89-34, § 3, adopted May 31, 1989; Ord. No. 94-55, § 4, adopted Nov. 3, 1994; Ord. No. 2002-008, § 1, adopted Jan. 28, 2002.