Fort Walton Beach Ordinance — 1861--Adoption of the 2012 Land Development Code — reading text

3. 00.00 GENERALLY 3. 00.01 Purpose and Intent The purpose of this chapter is to protect the existing natural resources in the City. These standards preserve the natural environment, and protect wildlife habitat and migration corridors. 3. 00.02 Applicability The standards in this chapter shall apply to all new development and redevelopment within the City, except for development on lots of record that were approved for single -family residential use prior to the effective date of this LDC. 3. 01. 00 ENVIRONMENTALLY SENSITIVE LANDS AND HABITATS 3. 01. 01 Wetlands and Shoreline Protection A. The natural function of wetlands within the City shall be protected. Potential wetlands are identified in the Comprehensive Plan; however, final delineation shall be established by an independent survey conducted in accordance with the methodology set forth in the Florida Statutes. The applicant may request that the delineation survey be conducted by the City. A fee is established in the City fee schedule for such delineation survey. 1. Wetlands shall not be removed, altered, or destroyed, except where permitted and mitigated as required by the Florida DEP, NWFWMD, and the U. S. Army Corps of Engineers. Proof of permit shall be provided to the City. Areas approved for mitigation shall be protected through a conservation easement with the City as a party to the easement. 2. A de minimus exemption may be granted by the Florida DEP, NWFWMD, and the U. S. Army Corps of Engineers. Where exempted, proof of exemption shall be provided to the City. 3. Where an applicant is exempt from permitting requirements of the State of Florida or the U. S. Army Corps of Engineers, the City shall determine whether a local development permit is required to protect the natural function of wetlands. The local development permit requirements are set forth in Chapter 9. B. Setbacks required 1. Principal buildings and all site development shalt be setback from wetlands and water bodies a minimum of ten ( 10) feet. 2. Within the required setback the following activities are permissible: a. Marinas; b. Piers; c. Boardwalks; d. Walking trails; e. Riprap, but not shoreline armoring; f. Installation of buoys or other aids to navigation; g. Fences; h. Bridges, both pedestrian and vehicular; or i. Docks. 3. Development activity which is determined by the City to be water dependent or Fhsi" u.' w eked Projec t ion Page - > - '  4F alum ltru h Land 1).. lou nvnt Code water related may be allowed. 4. Native vegetation located within the required setback on estuarine shorelines shall be protected. Where removal of native vegetation is permissible, replacement of such vegetation shall be required. 3. 01. 02 Habitat Protection A. It is the purpose of this section to provide standards necessary to protect the habitats of species, both Flora and fauna, of endangered, threatened, or special concern status in the City. It is the intent of this section to require that an appropriate amount of land shall be set aside to protect habitat of rare, endangered, or special concern plant and animal species. B. Areas subject to the standards of this section shall be those identified in the Comprehensive Plan as habitat for rare and endangered species, threatened species, or species of special concern. C. A habitat management plan shall be prepared as a prerequisite to the approval of any development proposed on a site containing areas .subject to this section. The habitat management plan shall be prepared by an ecologist, biologist, or other related professional. The plan shall document the presence of affected species, the land needs of the species that may be met on the development site, and shall recommend appropriate habitat management plans and other measures to protect the subject wildlife. D. A site development plan for a site containing protected habitat shall not be approved except in compliance with the requirements for habitat protection set forth in the habitat management plan. Where land is set aside as protected habitat, such land shall be adjacent to existing viable habitat, a wetland, floodplain, or wildlife corridor, except when such locations are not available. 3.02. 00 WELLHEAD PROTECTION 3.02.01 Purpose and Intent The purpose of this section is to safeguard the health, safety, and welfare of the citizens of the City. Standards are described in this section with the intent of protecting both the quantity and quality of the potable water supply. It is further the intent of this section to control development in and adjacent to designated wellheads to protect water supplies from potential contamination. 3.02. 02 Wellhead Protection Area A. A 500 -foot wellhead protection area is established surrounding the wellhead of existing and new wells drawing water from the Floridan aquifer to supply potable water for public consumption. The following development activities are prohibited within the wellhead protection area: I. Landfills; 2. Facilities for the bulk storage, handling, or processing of materials on the Florida substance list; 3. Activities that require the storage, use, handling, production, or transportation of restricted substances: agricultural chemicals, petroleum products, hazardous /toxic wastes, industrial chemicals, medical wastes, etc.; F m' uvunn. "( al Proteetinn Pa„ r! -}  I a nd 11r. rloww nl ( ode 4. Feedlots or other concentrated animal facilities; 5. Wastewater treatment plants, percolation ponds, and similar facilities; 6. Mines; 7. Excavation of waterways or drainage facilities which intersect the water table; and 8. Drainage wells and sinkholes for stormwater disposal where recharge is into potable water aquifers. B. A 200 -foot wellhead protection area is established surrounding the wellhead of existing and new wells drawing water from the sand and gravel aquifer to supply potable water for public consumption. All development activity is prohibited within this wellhead protection area. 3.03. 00 AIR QUALITY 3. 03. 01 Compliance with State and Federal Regulations To protect and enhance the air quality of the City, all sources of air pollution shall comply with rules set forth by the Environmental Protection Agency ( Code of Federal Regulations, Title 40) and the Florida DEP. In all cases the strictest of the applicable standards shall apply. No person shall operate a regulated source of air pollution without a valid operation permit. 3. 03. 02 Testing Required Air pollution emissions shall be tested and results reported in accordance with techniques and methods adopted by the Florida DEP and submitted to the State. These tests shall be carried out under the supervision of the State and at the expense of the person responsible for the source of emissions. 3. 04.00 HISTORICAL AND ARCHAEOLOGICAL RESOURCES 3. 04. 01 Applicability The requirements of this section pertain to all structures and sites with identified historical or archaeological significance as determined by listing on the Florida Master Site File or the National Register of Historic Places. 3.04. 02 Survey Requirements A. Where a proposed development is located on a protected historical or archaeological site, a survey shall be conducted by a State of Florida qualified archaeologist or similar expert. The survey shall contain recommendations on methods of preservation, protection, or mitigation of resources on the site. The survey shall be submitted along with the application according to the submittal, review, and decision - making procedures set forth in Chapter 9. Any proposed development shall be consistent with the findings and recommendations contained in the survey. B. Where previously unidentified historical or archaeological resources are unearthed during site preparation, excavation, construction, or development activity on a site, development shall be suspended and the City shall be notified. The City shall determine if a survey is required. 3. 05.00 FLOODPLAIN MANAGEMENT Iiosirunnu ntal Proles lion I' aecI - A Pori A1; dlnn l9ceeh Lund )),, d mail Cod, RESERVED> lin, irnnmcWA Proirrlinu Pale I 1 O' oidb"n Ite, 1, I. and Uci clonment (' nde l" !. Vii.. __. O- 111. DEVELOPMENT STANDARDS Page 4.00. 00 GENERALLY 4 -4 4.00. 01 Applicability 4 -4 4.00. 02 Measurements 4 -4 4.00. 03 Compatibility Standards Pertaining to Building Height in All Zoning 4 -5 Districts 4. 00.04 Standards Pertaining to Metal Buildings in All Zoning Districts 4 -5 4.4. 01.01. 0000 DEVELOPMENTDEVELOPMENT STANDARDSSTANDARDS ININ RESIDENTIALRESIDENTIAL DISTRICTSDISTRICTS 4 -5 4.4. 01.01. 0101 SiteSite DevelopmentDevelopment StandardsStandards 4-4- 55 4. 01. 02 Residential Design Standards 4 -6 4. 02. 00 DEVELOPMENT STANDARDS IN MIXED USE