§ 3-9-32. Residential estate (RE).

(a)

Intent. The purpose and intent of this district is to allow low-density, large-lot residential and related uses.

(b)

Permitted uses and structures (P): The following uses and structures are permitted in this district:

(1)

Assisted living facility or day care center, adult, six (6) or less. (See section 3-9-62, assisted living facility.)

(2)

Community garden.

(3)

Emergency services.

(4)

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

(5)

Minor home occupation. (See section 3-9-74, home occupations)

(6)

Model home. (See section 3-9-78, model homes.)

(7)

Noncommercial boat docks.

(8)

Park, public or not-for-profit.

(9)

Single-family detached, which may have a guest suite that is structurally attached, with or without cooking facilities.

(10)

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

(c)

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

(1)

Accessory structures, including, but not limited to, garages, carports and sheds.

a.

Detached accessory structures greater than two hundred fifty (250) square feet but no greater than four hundred (400) square feet in area, must be DBPR approved or otherwise meet the Florida Building Code. All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. These structures are allowed with metal siding in the same color as the primary structure. If an exact color match is not possible a complimentary and not contrasting color may be allowed.

b.

Detached accessory structures, greater than four hundred (400) square feet but no greater than one thousand five hundred (1,500) square feet in area allowed with wall or leg heights no more than twelve (12) feet tall as measured from the point of installation (grade level). Any increase in wall or leg height greater than twelve (12) feet may be allowed with an increase of required setbacks (all sides) of five (5) feet for every one (1) foot of height increase. All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. These structures are allowed with metal siding in the same color as the primary structure. If an exact color match is not possible a complimentary and not contrasting color may be allowed.

c.

Detached accessory structures, greater than one thousand five hundred (1,500) square feet must be site built. Any increase in wall or leg height greater than twelve (12) feet may be allowed with an increase of required setbacks (all sides) of five (5) feet for every one (1) foot of height increase. All roofs must be pitched and include overhangs and eaves which meet current building codes. Rounded corners are prohibited. If an exact color match is not possible a complimentary and not contrasting color may be allowed.

d.

The total area 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, for a property less than one-half acre in size. If the property is one-half acre or more in size the total area of all detached accessory structures shall not exceed three thousand (3,000) square feet. The property owner may apply for a special exception to exceed the total maximum accessory structures size limitations contained in this section.

e.

If the structure is accessory to a multi-story primary structure, the sidewall heights shall be allowed to be the same as those of the primary structure with no requirements to increase the setbacks.

f.

Detached accessory structures in RE-1 shall be located behind the leading edge of the living area of the residence, except garages and carports, which must still maintain required setbacks.

g.

Construction trailers and cargo containers are prohibited.

(2)

Non-commercial boat docks, boat lifts, and boat ramps.

(3)

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

(4)

Greenhouses and other horticultural uses provided no retail sales are made on the premises.

(5)

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

(6)

Keeping of pets, excluding animal breeding, boarding, and training.

(7)

Swimming pools, tennis court or other similar non-commercial 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)

4H, FFA, and similar uses and activities.

(2)

Bed and breakfast, one (1) or two (2) bedrooms.

(3)

Clubhouse.

(4)

Cluster housing. (See section 3-9-67, cluster housing.)

(5)

Domestic animal breeding, boarding, and training.

(6)

Guest home.

(7)

Horse stable.

(e)

Prohibited uses and structures: Any use or structure not expressly or by reasonable implication permitted herein or permitted as a conditional use or by special exception shall be unlawful in this district, including manufactured homes.

(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)

Animal sanctuary, zoo.

(3)

Assisted living facility or day care center, adult, seven (7) or more. (See section 3-9-62, assisted living facility.)

(4)

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

(5)

Cemetery, mausoleum.

(6)

Day care center, child.

(7)

Elementary, middle, or high school.

(8)

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

(9)

Fish and wildlife management area, nature preserve.

(10)

Government uses and facilities.

(11)

Livestock breeding, boarding, training, and grazing.

(12)

Major home occupation. (See section 3-9-74, home occupations.)

(13)

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

(14)

Plant nursery.

(15)

Private clubs.

(16)

Private landing field.

(17)

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

(18)

University or college.

(19)

Yacht clubs, country clubs, and other recreational amenities, including but not limited to tennis courts, basketball courts, and golf courses located on a separate parcel.

(20)

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:

	RE-1	RE-5
Lot (min.)
Area (acres)	1	5
Width (ft.)	125	250
Setbacks (min. ft.)
Front	40	40
Side	20	20
Rear	15	15
Rear (accessory buildings)	10	10
Abutting water	20	20
Bulk (max.)
Lot coverage of all buildings	20%	20%
Height (ft.)	38	38
Density (units/acres)	1 per acre	1 per 5 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)

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

(i)

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

(Ord. No. 2014-052, § 1(Exh. A), 11-25-14; Ord. No. 2018-027, § 1(Exh. A), 9-11-18)