Florida Regulations 28-22.201: Revision to Zoning Code
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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 C.F.R. 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 Fl. Admin. Code Chapter 62-25, 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 Fl. Admin. Code Chapter 62-25, 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 Fl. Admin. Code R. 17-25.030, a stormwater discharge facilities permit from the Department of Environmental Protection (DEP) in accordance with Fl. Admin. Code Chapter 17-25, “”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 Fl. Admin. Code R. 17-25.030(1)(c), the applicant shall provide calculations and other supporting documentation as part of site plan review demonstrating that the treatment required by Fl. Admin. Code Chapter 17-25, is obtained.
(C) Development located in the Special Waterfront District and exempt from DEP permitting pursuant to Fl. Admin. Code R. 17-25.030, 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 Fl. Admin. Code Chapter 17-25, 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.
Rulemaking Authority Florida Statutes § 380.0555(10). Law Implemented 380.0555(10) FS. History-New 11-2-87.
Terms Used In Florida Regulations 28-22.201
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(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 C.F.R. 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 Fl. Admin. Code Chapter 62-25, 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 Fl. Admin. Code Chapter 62-25, 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 Fl. Admin. Code R. 17-25.030, a stormwater discharge facilities permit from the Department of Environmental Protection (DEP) in accordance with Fl. Admin. Code Chapter 17-25, “”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 Fl. Admin. Code R. 17-25.030(1)(c), the applicant shall provide calculations and other supporting documentation as part of site plan review demonstrating that the treatment required by Fl. Admin. Code Chapter 17-25, is obtained.
(C) Development located in the Special Waterfront District and exempt from DEP permitting pursuant to Fl. Admin. Code R. 17-25.030, 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 Fl. Admin. Code Chapter 17-25, 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.
Rulemaking Authority Florida Statutes § 380.0555(10). Law Implemented 380.0555(10) FS. History-New 11-2-87.