§ 2.04.16. RSF-E residential single-family estate.

These districts are intended to accommodate single family residential communities comprised of large lots in a rural setting. These districts allow for the keeping of certain domestic farm animals as an accessory and incidental use on lots with a minimum area of one acre. These districts are intended to encompass multiple lots in an area, neighborhood or subdivision.

These districts are not intended to accommodate an individual lot except where such a lot is within an area, neighborhood or subdivision that is designated by this zoning district. Certain structures and uses designed to serve governmental, educational, religious, non-commercial recreational, and other immediate needs of such communities or neighborhoods are permitted or are permissible as special exceptions, subject to restrictions and requirements necessary to preserve and protect the single family residential character.

A.

Permitted principal uses and structures

1.

Single family dwellings subject to densities described in this Code.

2.

Schools with conventional academic curriculums.

3.

Public parks, playgrounds, playfield and county buildings; public libraries.

4.

Existing cemetery, columbarium or mausoleum with boundaries existing at the date of this Code.

5.

Railroad right-of-way, utilities rights-of-way.

6.

Home occupations as defined in this Code.

7.

Houses of worship, provided minimum parcel size shall not be less than five acres.

B.

Prohibited uses and structures Any use or structure not specifically, provisionally or by reasonable implication permitted herein or permissible by special exception.

C.

Accessory uses and structures

Uses and structures which:

1.

Are customarily accessory and clearly incidental and subordinate to permitted or permissible uses and structures.

2.

Do not involve the conduct of business (except home occupation on the premises).

3.

Are located on the same lot as the permitted or permissible principal use or structure or on a contiguous lot in the same ownership.

4.

Are not of a nature likely to attract visitors in larger numbers than would normally be expected in a residential neighborhood.

5.

Do not involve operations or structures not in keeping with the character of a single family residential development.

6.

Non-commercial plant nurseries and green-houses, gardens, servants' quarters, private garages, tool houses and garden shed, garden work centers, children's play areas and play equipment, private barbecue pits, private swimming pools, docks and wharves, and the like are permitted as accessory uses in these districts.

7.

Horses and/or cows but not other domestic farm animals for personal use or consumption as strictly incidental and accessory to a permitted principal residential use as follows:

a.

On lots or parcels one acre or greater in area and only in the agriculture and rural activity center future land use classifications.

b.

Lots or parcels that as originally developed, divided or platted are less than one acre in area may not be combined for the purpose of meeting the applicable minimum lot area requirement that would allow for the keeping of horses and/or cows.

c.

On lots or parcels one acre or more in area but less than two acres, not more than a total of two horses and/or cows; on lots or parcels two acres or more in area but less than three acres, not more than a total of three horses and/or cows; on lots or parcels three acres or more in area but less than four acres, not more than a total of four horses and/or cows; on lots or parcels four acres or more in area but less than five acres, not more than a total of five horses and/or cows; and on parcels five acres or more in area, not more than a total of six horses and/or cows.

d.

Where there are two contiguous lots under common ownership, the area of both lots shall be combined and considered as one parcel to determine the number of horses and/or cows that may be maintained on the property.

e.

Where class 2 or class 3 captive wildlife, as defined by the Florida Fish and Wildlife Conservation Commission, are also maintained outdoors on a parcel, the number of horses and/or cows that may be kept as specified in paragraphs c. and d. above shall be reduced by one for each class 2 or class 3 captive wildlife animal that is maintained outdoors.

f.

Any building, structure, pen and the like other than a perimeter fence used to house or confine horses and/or cows shall be set back at least 25 feet from any property line, except that the setback shall be 50 feet where a parcel is greater than two and one-half acres in area.

g.

Any type of domestic farm animal as defined by these regulations may be kept temporarily for a period of time not to exceed six months when part of a project sponsored by 4H, FFA or the Okeechobee County School District.

If the time frame for a sponsored project exceeds six months, then the domestic farm animal may be kept only in accordance with all other provisions of this section, including limiting the farm animal to only a horse or a cow and not exceeding the maximum number of horses and/or cows otherwise allowed.

D.

Administratively initiated rezoning. There may be existing neighborhoods or subdivisions where the keeping of domestic farm animals is widespread or long-established. In such situations, a change in zoning to RSF-E may be initiated by the board of county commissioners provided that all lots are at least one acre in area, and provided that the entire neighborhood or subdivision is subject to the administrative rezoning. The administrative rezoning may be initiated by the county:

1.

If three or more members of the board vote in favor of initiating an administrative rezoning of a neighborhood or subdivision to RSF-E; or

2.

If a petition is submitted to the board with signatures as they appear on the ownership documents of 75 percent or more of the owners of the lands within the neighborhood or subdivision and the owners of 51 percent or more of the lots or parcels within the neighborhood or subdivision. The petition documents shall designate an individual, including his address and telephone number who will be or act as the official representative of the petitioners; shall provide a map specifically designating the boundary of the neighborhood or subdivision that is requested to be rezoned administratively; and beside each signature shall include the printed name of the property owner and the corresponding specific legal description as it appears on the tax roll or legal ownership documents of each lot or parcel including in the petition. Upon receipt of the petition documents, the board may authorize initiation of an administrative rezoning for the specific lots or parcels included in the petition, or may determine that the number or location of the lots or parcels do not represent an entire neighborhood or subdivision meeting the intent of this zoning district and may choose not to initiate an administrative rezoning.

3.

An administrative rezoning initiated by the board of county commissioners shall be in accord with the provisions set forth in Section 125.66, Florida Statutes.

E.

Developer/owner initiated rezoning.

An owner/developer of undeveloped land may apply for a change in zoning to this district in association with a preliminary plat where each lot in the proposed subdivision meets the minimum one-acre lot area.

In the agriculture or rural activity center future land use classifications, where a developer has rezoned a development to RSF-E, or where the board of county commissioners previously has administratively rezoned an existing neighborhood or subdivision to RSF-E, an owner of an individual lot or parcel may apply for a change in zoning to RSF-E if the lot is contiguous to a lot zoned RSF-E and if the area of the lot is not less than the area of any other residential lot in the adjoining neighborhood or subdivision that has been zoned RSF-E. A factor for consideration of such a rezoning request shall be the compatibility and consistency of this zoning district to adjoining lots or parcels that are not zoned RSF-E.

(Ord. No. 99-08, § 1, 8-12-99; Ord. No. 2002-04, § 1(Exh. A), 9-26-02)