ORDINANCE NO. 91-3
AN ORDINANCE ESTABLISHING INTERIM LAND USE REGULATIONS FOR THE COMPASS LAKE IN THE HILLS MUNICIPAL SERVICES TAXING UNIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR DESIGN STANDARDS; PROVIDING FOR CONSTRUCTION STANDARDS; PROHIBITING THE KEEPING OF CERTAIN ANIMALS; PROVIDING FOR VARIANCES AND EXCEPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the properties located within the Compass Lake in the Hills Municipal Services Taxing Unit have a particular and unique character as a result of their location within the planned unit development known as Compass Lake in the Hills; and
WHEREAS, the properties are already the subject of special ad valorem and assessment taxation, which special revenues provide for property benefits peculiar to lands lying within the Unit; and
WHEREAS, it is in the best interest of the property owners and residents of the Unit and of the residents of Jackson County, in general, that the values of properties within the Unit be maintained by the enforcement of the regulations provided for herein;
BE IT THEREFORE ORDAINED by the Board of County Commissioners of Jackson County, Florida, that:
ARTICLE I: GENERAL PROVISIONS
1.1 Title: This ordinance may be cited as the "Interim Land Use Regulations for the Compass Lake in the Hills Municipal Services Taxing Unit."
1.2 Jurisdiction: This ordinance shall apply to all homesite parcels presently in the Compass Lake in the Hills Municipal Services Taxing Unit (as described in Ordinance No. 84-7), and as subsequently amended.
1.3 Purpose and Intent: The purpose of this ordinance is to provide rules, regulations, and standards for the orderly and progressive development, conservation, protection, and proper use of the land within the unit. These regulations are intended to aid in the coordination of land development; promote an economically stable and healthy community; and encourage the establishment of adequate physical improvement.
1.4 Relationship to Comprehensive Plan: These regulations shall be constructed as consistent with and supplemental to Jackson County's Comprehensive Plan, as it may be in effect from time to time.
ARTICLE II: DEFINITIONS
2.0 General: For the purpose of these regulations, the following terms or words, whenever used or referred to and used herein, shall have the following meaning:
Shall: The world shall indicates an action which is mandatory.
May: The word may indicates an action which is permissive.
2.1 Building: Any structure built for the support, shelter or enclosure of persons, animals, chattel, or property of any kind.
2.2 Dwelling: Any building, portion thereof, or other enclosed space or area used as or intended for use as a residence.
2.3 Single Family Dwelling: Any dwelling used as or intended for use as the home of one family, either temporarily or permanently, with separate cooking and house keeping facilities.
2.4 Lot: A portion of the unit designated as a unit or for development as a unit, or both, the boundaries of which have been clearly designated upon the plat of the unit as lots. "Lot" as herein viewed, shall not include any parcel not having an assessed value of $1,000.00 or more (for Jackson County ad valorem taxation purposes) or any other parcel not having street access.
2.5 Tract: A tract is any parcel of land which is an integral part of the subdivision, but which is unplatted into specific homesite parcels.
2.6 Mobile Home: Any unit bearing a HUD seal as a mobile home, or which is manufactured on an integral chassis, or designed for initial transport over highways or for housing accommodations ( or both), but not including modular home.
2.7 Modular Home: A residential structure which has been transported on a nonintegral carriage or other moveable frame which is removed from the structure frame prior to being permanently located on a lot.
2.8 Multi-family dwelling: Any dwelling which is not a single-family dwelling.
2.9 Residence/Trade Business: Any business conducted for profit solely within the confines of a dwelling and provided no equipment for the conduct of this business is conspicuous to the public eye.
2.10 Trade Business: Any business conducted for profit but which requires the use of a building, or buildings, in addition to the dwelling for the conduct of that business or requires equipment conspicuous to the public eye.
2.11 Run Free: Allowing an animal to leave the premises of the owner unescorted.
2.12 Nuisance: A use of property or course of conduct that interferes with the rights of others by causing damage, annoyance, or inconvenience, such as offensive odors, loud noises, or proliferation of flies, insects, or rodents, or which is not in compliance with this ordinance.
ARTICLE III: DESIGN STANDARDS
3.1 Lots: The lots in the unit shall be maintained identical to the ones platted when the unit was originally approved by the Board of Commissioners of Jackson County. No lot shall be subdivided.
3.2 Tracts: Other tracts shall not be subdivided into lots of less than one acre in size, and shall be suitable as homesite parcels.
ARTICLE IV: CONSTRUCTION STANDARDS
4.1 Setback: No building shall be built or maintained on a lot less than 40 feet from the front lot line or less than 20 feet from side and rear lot lines.
4.2 Dwelling size: No dwelling shall have less than 1,000 square feet of living area, exclusive of porches, carports, and garages, nor be less than 22 feet wide.
4.3 Number of Dwellings Per Lot: There shall not be more than one single family dwelling on each lot. No lot shall have any multi-family dwelling.
4.4 Building Materials: All exterior wall of dwellings shall be covered with brick veneer, stone, stucco, wood, vinyl siding, or any other accredited building material.
4.5 Residence/Trade Business: A resident or occupant of a lot may conduct a residence/trade business, as defined herein.
4.6 Trade Business: No one shall conduct a trade/business in the unit, as defined herein.
4.7 Mobile or Modular Home: No mobile home or house trailer shall be maintained or placed on any parcel within the unit (except on lots in that part of Unit Six west of U.S. 231). A modular home, as defined herein, may be placed on any lot in the unit.
ARTICLE V: FAMILY PETS
5.1 Horses, dogs, birds, cats, which are kept as pets, or other animals kept as pets, may be kept on lots within the unit, provided that they are not bred or maintained for any commercial purpose; that they do not become a nuisance (either public or private); and that they are not allowed to run free in the unit. No other animal may be maintained within the unit.
ARTICLE VI: VARIANCES AND EXCEPTIONS
6.1 Hardship: Where strict adherence to the provisions of this ordinance would cause an unnecessary hardship due to topographical or other conditions peculiar to the site, or strict adherence to this ordinance is impossible or impractical, the County Planning Commission may recommend and the Board of County Commissioners may authorize a variance. Such variance shall apply on to the requirements directly affecting the particular hardship. No variance shall be granted if the variance would be detrimental to the intent and purpose of this ordinance and/or would have the effect of nullifying the requirements or purpose of the Comprehensive Plan. Any request for a variance shall be submitted in writing for review and recommendation by the Planning Commission, and be transmitted to the Board of County Commissioners.
ARTICLE VII: VIOLATIONS AND PENALTIES
7.1 Violation of the provisions of this ordinance or failure to comply with any requirements of it shall constitute a second degree misdemeanor, and shall further be conclusively presumed to be a public and private nuisance.
7.2 Any person found in violation shall be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition shall pay all costs and expenses involved in the case.
7.3 Each day such violation continues shall be considered a separate offense.
7.4 The owner or tenant of any land, building, structure, or development which is the subject of the violation of this ordinance, and any architect, surveyor, engineer, builder, contractor, agent or other person commits, participates in , assists in, or maintains such violation, may each be found guilty of a separate offense and suffer the penalties herein provided.
7.5 All remedies and penalties provided for herein shall be deemed cumulative to any other existing rights or remedies. In the event of any conflict between the language or requirements of this ordinance any other ordinance or the Jackson County Comprehensive Plan (as adopted), the most restrictive shall apply.
8. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is held, for any reason, to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance shall not be affected thereby.
9. Effective date. This ordinance shall be come effective as provided by law.
The foregoing ordinance was adopted by the Board of County Commissioners of Jackson County, Florida, after due publication, upon motion, second and discussion, by a vote of 4 to 0 , at the regular meeting of April 23, 1991.
BOARD OF COUNTY COMMISSIONERS JACKSON COUNTY, FLORIDA BY:
___(Signed) James E. Cloud____________
HON. JAMES E. CLOUD, Chairman
______(signed) Daun Crews__________
Compass Lake in the Hills Bulletin
Bylaws Amended and Restated Articles Rules and Regulations
Ordinance 84-7 Ordinance 94-07
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