Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-22 - LAND PLANNING REGULATIONS FOR THE APALACHICOLA BAY AREA OF CRITICAL STATE CONCERN - FRANKLIN COUNTY › Section 28-22.201 - Revision to Zoning Code

Current through Reg. 50, No. 138; July 16, 2024
The City of Apalachicola Zoning Ordinance, adopted by the
				  City Commission February 26, 1959, in Ordinance No. 59-1, and the City of
				  Apalachicola Stormwater Management and Site Plan Review Ordinance, adopted by
				  the City Council on December 6, 1984, in Ordinance No. 84-8, are hereby revised
				  to incorporate, by reference, Ordinance adopted by the City Commission on
				  November 13, 1986, (No. 86-3); on March 5, 1987, (No. 87-1); and on April 9,
				  1987, (No. 87-2), with the following modifications:
(1) Amend Section III.A.3.b.(9) by adding the
				following: "The Board shall not issue a variance that would in any way increase
				the density upon a parcel of land if not generally or provisionally permitted
				in the district in which the parcel is located."
(2) Amend Section IV.E.7. by adding the
				following: "The boundaries of the Special Waterfront District are and shall be
				interpreted to be coterminous with the Federal Emergency Management Agency's A
				and V flood zones adjacent to the river and bay."
(3) Repeal Section IV.E.7.C. and adopt a new
				Section IV.E.7.C. to read as follows: "All development within the Special
				Waterfront District shall comply with Section VII, Site Plan Approval, and
				Section VIII, Stormwater Management Plans, of this code."
(4) Amend Section IV.E.7., "Waterfront and
				Adjacent Area Special Review Requirements, " by adding the following
				paragraphs:
(a) The bulk storage of hazardous
				materials, as defined by the Federal Environmental Protection Agency (EPA)
				Schedule   40 CFR Part 261, Subparts C and D, is a specifically excluded use
				within the "Waterfront Area". For the purposes of this section, bulk storage is
				defined as more than 100 kilograms (220 pounds) of EPA listed hazardous
				materials, and more than one kilogram (2.2 pounds) of EPA listed acutely
				hazardous materials. In general, every effort should be made to secure smaller
				amounts of these materials, as well as common, less hazardous, chemicals and
				substances, from release into the environment.
(b) The storage and dispensing of petroleum
				products within the "Waterfront District" is a permitted use under applicable
				Department of Environmental Protection (DEP) Rules pursuant to Chapter   17.61,
				Florida Statutes, and Applicable Federal regulations.
1. Amend Section J, "Schedule of District
				Regulations, " "R-1 Residential District, " by adding a new subsection 4 to the
				"R-1 Applicable Regulations" to read as follows:
2. Submerged Lands -
In cases where building lots are adjacent to and contiguous
				  with the Apalachicola Bay, a setback of 20 feet from jurisdictional wetlands
				  shall replace conflicting lot line setbacks.
3. Amend Section J, Schedule of District
				Regulations, by adding a new subsection 5 to the "Applicable Regulations" for
				the R-1 and R-2 Districts; a new subsection 3 to the "Applicable Regulations"
				for the OR and C-1 Districts; and a new subsection 4 to the "Applicable
				Regulations" for the C-2 District to read as follows:
When approved as a special exception, up to a maximum of
				  three (3) residential apartment units may be allowed per existing single family
				  structure provided that the lot upon which the structure is located has a front
				  lot line of at least 60 feet and a depth of at least 100 feet and provided that
				  at least one parking space per apartment unit is provided onsite; however, up
				  to a maximum of four (4) residential apartment units may be allowed when
				  approved as a special exception provided that the lot line of at least 90 feet
				  and a depth of 100 feet and provided that at least one parking space per
				  apartment unit is provided onsite.
4. Amend Section J. "Schedule of District
				Regulations, " C-2 Neighborhood Commercial by adding new numbers 3 and 4 under
				"Prohibited Uses and Structures" to read as follows:
5. Residential travel trailers.
6. Uses and structures not permitted as a
				special exception, principal use, or accessory use or structure.
7. Amend Section J, Schedule of District
				Regulations, RF, Riverfront District, by making the following changes:
a. Under uses allowed as a Special Exception,
				repeal no. 2, "Commercial uses compatible with district intent and other
				principal uses, " and adopt a new no. 2 to read as follows: "Retail
				establishments such as, but not limited to, gift shops, boutiques, bait shops,
				souvenir shops."
b. Under uses
				allowed as a Special Exception add a no. 3 to read as follows: "Drinking
				establishments".
c. Under
				"Development Standards for RF" change "Principal Uses" to "Residential Uses;"
				change front setback from 20 feet to zero (0); under side interior and side
				corner lot setbacks add "any combination of setbacks provided that added
				together they equal at least 15 feet and provided that no setback is less than
				5 feet;" under rear setback add "10 feet from river;" under lot coverage add
				"80% lot coverage (maximum) with 50% previous surface (minimum)."
d. Under "Development Standards for RF, " add
				"Other Principal Uses" as a new use category and include the following minimum
				lot area - 3, 500 sq. ft., width - 50 ft, depth - 70 ft; front setback - 0,
				side interior and side corner setback - 5 ft, rear setback - 10 ft from river;
				lot coverage - 80% lot coverage (maximum) 50% pervious surface (minimum);
				building height - 35 ft. (the minimum 5 foot interior setback on one side may
				be reduced to zero provided that at least a 10 foot setback is provided on the
				other side, the adjacent property owner agrees to build on the same interior
				lot property owners file deed restrictions on the subject lots to ensure that
				development complies with this provision. The deed restriction shall be
				approved by the City Attorney and may be released only upon approval by both
				property owners and the City Commission).
e. Under "All Development" of the
				"RF-Applicable Regulations" amend no. 2 to read as follows: "Stormwater
				Management - to ensure protection of the Apalachicola River/Bay system, all
				development in the RF District shall comply with the City Stormwater Management
				Plan and Site Plan Review, Section 7 and Section 8 of this code. Stormwater
				shall be directed away from the river. All structures shall be setback a
				minimum of 10 feet from the river and no impervious surface shall be placed
				within the setback."
f. Under "All
				Development" of the "RF-Applicable Regulations" repeal no. 3 and replace with a
				new no. 3 to read as follows: "Residential development in the RF District shall
				be limited to a total of one unit per 25 linear feet of river frontage.
				Motel/hotel development shall be restricted to one unit per 10 linear feet of
				river frontage. Conversion or use of hotel/motel units for permanent residences
				is prohibited."
g. Under "All
				Development" of the "RF-Applicable Regulations" amend no. 4 to read as follows:
				"Parking Requirements - One space per each one (1) dwelling unit shall be
				provided onsite. The number of parking spaces for all other principal uses and
				uses permitted as a special exception shall be provided in accordance with the
				parking requirements for those uses in other zoning districts and may be
				located either onsite or offsite if within 1, 000 feet of the primary
				use."
h. Under "All Development" of
				the "RF-Applicable Regulations" add a new subsection 5 to read as follows: In
				order to minimize stormwater contamination, all roof covering must be
				constructed of tin (metal) or untreated wood, or a comparable material which
				will not contaminate runoff from the roof. No asbestos, asphalt or other
				petroleum based materials shall be used.
i. Under "All Development" of the
				"RF-Applicable Regulations" add a new subsection 6 to read as follows: "Seafood
				dealers and seafood processors shall also be exempt from the 50% minimum
				pervious surface requirement."
j.
				Under "All Development" of the "RF-Applicable Regulations" add a new subsection
				7 to read as follows: "At a minimum, special exception must comply with
				development standards for principal uses. If deemed appropriate by the Planning
				and Zoning Commission in order to grant a special exception, certain more
				stringent standards may be imposed."
8. Amend Section VII.B. "Applicability" to
				read as follows: "The procedures contained in this section shall be used for
				the approval of the site plan for any development other than the construction
				of one single family residence on an individual lot; however, if located within
				the Special Waterfront District site plan approval for a single family
				residence shall be required. The development. . . ."
9. Amend Section VII.H. "Stormwater
				Management" to read as follows: "a copy of the stormwater permit pursuant to
				Chapter 62-25, F.A.C., issued by the Florida Department of Environmental
				Protection shall be required prior to the issuance of a building permit. For
				those developments exempt from a stormwater permit pursuant to Chapter 62-25,
				F.A.C., a stormwater management system shall be required of all development
				within the Special Waterfront District."
10. Repeal Section VIII.A. "Applicability"
				and adopt a new Section VIII.A. "Applicability" to read as follows:
a. Stormwater Management Plans.
(I) Applicability -
(A) Except as exempted in Rule 17-25.030,
				F.A.C., a stormwater discharge facilities permit from the Department of
				Environmental Protection (DEP) in accordance with Chapter 17-25, F.A.C.,
				"Regulation of Stormwater Discharge, " shall be required for all new
				development prior to the issuance of a building permit.
(B) For those developments using the swale
				exemption pursuant to paragraph 17-25.030(1)(c), F.A.C., the applicant shall
				provide calculations and other supporting documentation as part of site plan
				review demonstrating that the treatment required by Chapter 17-25, F.A.C., is
				obtained.
(C) Development located
				in the Special Waterfront District and exempt from DEP permitting pursuant to
				Rule 17-25.030, F.A.C., shall include a stormwater management system as part of
				site plan review which assures that the post-development peak discharge rate,
				volume, and pollution load of stormwater is no greater than that which existed
				before development. The stormwater management system shall be designed in
				accordance with the following standards:
(I)
				Prior to and during land clearing and construction, a sediment control barrier
				shall be installed between the area to be cleared and wetlands or waters. In
				addition, flow paths of stormwater flow is toward areas to be cleared, measures
				shall be taken to redirect the stormwater toward vegetated land.
(II) Only those areas necessary for
				construction activities should be cleared. During construction, stormwater
				barriers shall be inspected and maintained, and building debris shall be
				removed from the stormwater flow path and deposited into trash
				receptacles.
(III) Stormwater
				impacts shall be minimized by using site suitable best management practices
				which maximize infiltration of stormwater and minimize off-site discharge.
				Stormwater flow paths for property as it is planned to be developed shall be
				determined and berms, shallow depressions, swales, landscaping, and other
				stormwater management practices shall be included in the plan to intercept,
				infiltrate, and treat stormwater before it reached wetlands or
				waters.
b. General Design Requirements
(I) A stormwater management system shall be
				provided to assure that the stormwater peak discharge rate, volume and
				pollutant load is no greater after development than before
				development.
(II) The stormwater
				system shall be designed in accordance with Chapter 17-25, F.A.C., except that
				detention with filtration systems shall not be allowed and that off-line
				retention systems shall be used whenever the soil conditions will allow
				percolation of the treatment volume within 72 hours. When soil conditions will
				not allow infiltration practices to be used, the stormwater system shall
				consist of a wet detention system with a vegetated littoral zone. To enhance
				the effectiveness of the wet detention system, landscape retention pretreatment
				practices such as the placement of storm sewer inlets in grassed areas shall be
				employed in combination with the detention system.
(III) To provide flood protection, the
				additional volume generated by the development from a 25 year frequency 6 hour
				duration storm event shall be controlled by a detention facility and released
				at a rate of discharge not to exceed the peak discharge rate from the site in
				its undeveloped condition. Special engineering features shall be incorporated
				to minimize the transport of pollutants remaining in the detention
				facility.
(IV) No direct connection
				between retention and detention facilities shall be allowed. Flow from the
				retention facility shall be filtered naturally by percolation through the
				soil.
(V) All detention facilities
				shall discharge design flows through structural discharge facilities. When
				direct discharge will degrade waters of natural streams, marshes,
				environmentally sensitive areas, or lands naturally receiving sheet flow, the
				discharge structure shall direct the flow to an intermediate spreader swale
				system.
(VI) All discharge
				structures shall be designed to trap floating debris and pollutants on
				site.
(VII) A 20-foot wide
				maintenance berm will be required around wet detention facilities and those dry
				facilities with slopes steeper than 4:1.
(VIII) Stormwater management systems shall be
				designed for ease of maintenance and operation and low maintenance costs. It is
				suggested that the required stormwater system be integrated into a site's open
				space and landscaping and that they be used as recreational or park areas. The
				system should be constructed in such a manner (i.e. gentle slopes, grassed,
				planting, etc.) that it will be an amenity to the development.
(IX) Projects that are to be developed in
				phases will normally require the submission of a master plan of the applicant's
				contiguous land holdings. Applications for individual project phases may be
				considered only when the phases and the stormwater systems are totally
				independent of adjacent
				lands.