Unified Land Development Code

Transcription

CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
FALL, 2011
HANDY DESK REFERENCE
WEB VERSION
Unified Land Development Code
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
UNIFIED LAND
DEVELOPMENT
CODE
CELL TOWER
ORDINANCE
7
INDICES
8
CITY OF
LYNN HAVEN,
TABLE OF
CONTENTS
9
FRONT
FRONT
PAGE
PAGE
10
FRONT
PAGE
NEXT >
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
7
CHAPTER
SIX
6
CHAPTER
FIVE
5
CHAPTER
TWO
3
2
CHAPTER
ONE
CHAPTER
THREE
4
1
< PREVIOUS
2
TOC1
20
20
20
20
20
21
21
21
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
8
FUTURE LAND
USE MAP - 2011
19
19
19
19
19
19
19
19
19
19
20
20
20
1
CELL TOWER
ORDINANCE
2.00.01. Purpose
2.00.02. Official Land Use Map
2.01.00. Establishment of Land Use Districts.
2.01.01. Low Density Residential (LDR)
2.01.02. Medium Density Residential (MDR)
2.01.03. High Density Residential (HDR)
2.01.04. Mixed Use (MU)
2.01.05. Commercial (C)
2.01.06. Industrial (IND)
2.01.07. Public/Institutional (P/I).
2.01.08. Neighborhood Commercial (C-1).
2.01.09. Recreation & Open Space (R/OS).
2.01.10. Conservation (CON).
2.01.11. Traditional Neighborhood Development
District (TND).
2.01.12. Research Park (RP).
2.02.00. Establishment & Purpose of Overlay
Districts.
2.02.02. Community Redevelopment Area
Overlay (CRA).
2.02.03. Planned Unit Development Overlay
(PUD).
2.02.04. 1911 Historic Plat Overlay (1911 Plat).
2.02.05. Corridor Overlay (CO).
2.03.00. Land Uses Permitted in Each
Land Use District.
2.03.01. How to Read the Table of
Land Uses.
2.03.02. Table of Permitted Land Uses
2.03.03. Accessory Uses in Each Land
Use District.
Table 2.03.03. Accessory Structures &
Uses.
2.04.00. Sexually Oriented & Body
Altering Businesses.
2.04.01. Definitions
2.04.02. Sexually Oriented Businesses
2.04.03. Body Altering Businesses
2.04.04. Distance Limitation - Sexually
Oriented Businesses
2.04.05. Distance Limitation - Body Altering
Businesses
2.04.06. Sign & Appearance Requirements Sexually Oriented Businesses
2.04.07. Sign & Appearance Requirements Body Altering Businesses
2.04.08. Adult Motion Picture Mini-Theaters
Prohibited
CHAPTER 2. LAND USE DISTRICTS & PERMITTED USES
INDICES
1
1
1
1
1
2
2
2
2
2
3
3
3
TABLE OF
CONTENTS
9
1.00.01. Purpose & Intent
1.01.00. Title
1.02.00. Authority
1.03.00. Applicability
1.03.02. Exceptions
1.04.00. City Manager
1.05.00. Interpretations.
1.05.02. Responsibility for Interpretation.
1.05.03. Rules for Interpretation of Boundaries
1.05.04. Rules of Construction
1.05.05. Computation of Time
1.06.00. Documents Referenced
1.07.00. Acronyms & Definitions.
FRONT
PAGE
10
CHAPTER
NINE
CHAPTER 1. GENERAL PROVISIONS
21
23
21
22
22
22
26
26
26
26
27
TABLE OF
CONTENTS
27
28
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
4
TOC2
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
3
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
2.04.09. Application to New Schools, Daycare
Centers, & Public Parks
28
2.04.10. Ordinance Not Retroactive; Discontinuance of Nonconforming Use
28
2.04.11. Chapter Not Independently Authorizing Use 28
CHAPTER 3. ENVIRONMENTAL & RESOURCE PROTECTION.
3.00.01. Purpose & Intent
29
29
3.01.00. Flood Damage Prevention.
29
3.01.01. Findings of Fact.
29
3.01.02. Statement of Purpose.
29
3.01.03. Objectives
29
3.01.04. Applicability.
30
3.01.05. Basis for Establishing the Areas of
Special Flood Hazard.
30
3.01.06. General Standards.
30
3.01.07. Specific Standards.
31
3.01.08. Standards for Streams Without
Established Base Flood Elevation
or Floodways.
34
3.01.09. Standards for Subdivisions.
34
3.01.10. Standards for Areas of Shallow
Flooding (AO zones)
34
3.01.11. Designation of Floodplain
Administrator
35
3.01.12. Floodplain Administrator
35
3.02.00. Environmentally Sensitive
Lands Protection.
36
3.02.01. Endangered or Threatened
Species Habitats.
36
3.02.02. Wetlands & Shoreline Protection.
36
3.02.03. Development Activities within
Protected Zones.
37
3.02.04. Restricted Development Zone.
39
3.02.05. Prohibited Ongoing Activities
41
3.03.00. Wellfield Protection.
42
3.03.01. Purpose & Intent.
42
42
3.03.03. Wellfield Protection Area.
43
3.04.00. Air Quality.
43
3.04.01. Standards.
43
3.04.02. Testing.
43
3.05.00. Historical & Archaeological
Resources.
43
43
3.05.02. Survey Requirements.
43
CHAPTER 4. SITE DESIGN STANDARDS.
44
4.00.02. Design Principles
44
4.01.00. Density & Housing Standards.
44
4.01.01. Density & Housing Types in
Residential Districts
44
Table 4.01.01. Density & Housing Types in
Residential Districts.
44
Table 4.01.02. Density & Housing Types in
Non-residential Districts
45
4.01.03. Appearance Standards for
Single-Family Dwellings.
45
4.02.00. Design Standards for All Land
Use Districts.
46
4.02.01. Standards for Lot Design.
46
Table 4.02.01(A)2. Standards for
Impervious Surfaces.
46
Table 4.02.01(B)4: 1911 Historic Plat
TABLE OF
CONTENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
TOC3
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
4
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
Reconfigurations. 46
4.02.02. Standards for Buildings & Building
Placement. 47
Table 4.02.02. Standards for Building
Heights & Setbacks.
47
4.02.03. Design Requirements for
Development within the CRA
Overlay District. 48
4.02.04. Specific Standards for Single
Family Attached Development. 48
4.02.05. Design Standards for All
Commercial Development.
48
4.02.06. Specific Standards for
Neighborhood Commercial (C-1)
District.
49
4.02.07. Guidelines for Compatibility
Review. 49
4.03.00. Standards for Subdivision
Layout & Design. 50
4.03.02. General Standards. 50
4.03.03. Subdivision Lot & Block Design.
50
4.03.04. Requirements for Infrastructure. 51
4.03.05. Requirements for Minor
Subdivisions. 51
4.04.00. Standards for Planned Unit
Developments (PUD). 52
4.04.02. Design Standards. 52
Table 4.04.02(A). PUD Density & Intensity
Standards. 52-53
4.05.00. Standards for Traditional
Neighborhood
Developments (TND). 53
4.05.01. Purpose and Intent. 53
4.05.03. Land Use Categories & Site
Design Standards. 54
Table 4.05.03(A). Land Use Categories for
TND. 54
Table 4.05.03(A). Land Use Categories for TND. 55
Table 4.05.03(B). Required Land Use &
Site Design Standards for TNDs 56
4.05.04. Accessory Structures (in TNDs). 55
4.05.05. Specific Site Design Standards. 58
Table 4.05.05(A) TND Block Width & Length
Standards
58
4.05.06. Appearance Standards for Buildings. 59
4.05.07. Streets & Alleys. 60
Table 4.05.07(C). TND Street Design
Standards. 60
4.05.08. Streetscape Requirements.
61
4.05.09. Landscaping & Tree Protection. 62
4.05.10. Signage. 62
4.05.11. Public Open Space. 62
4.05.12. Parking Standards. 63
4.05.13. Public Utilities. 64
4.05.14. Development Plan Requirements.
64
4.06.00. Standards for Landscaping,
Buffers, & Tree Protection.
64
4.06.02. Specifications for Landscaping &
Vegetation. 65
4.06.03. Buffer Requirements. 66
Table 4.06.03(D). Buffers Along Streets. 67
Table 4.06.03(E). Buffer Standards for
Abutting Parcels. 67
4.06.04. Landscaping Requirements for
TABLE OF
CONTENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
TWO
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
< PREVIOUS
5
TOC4
81
81
81
81
82
82
82
82
83
83
84
84
84
85
85
PLANNING DEPT.
WEBSITE
5
79
79
FUTURE LAND
USE MAP - 2011
6
78
79
CELL TOWER
ORDINANCE
7
4
69
71
72
73
73
74
74
75
75
76
77
78
INDICES
8
68
TABLE OF
OF
TABLE
CONTENTS
CONTENTS
9
67
FRONT
PAGE
10
Vehicle Use Areas.
4.06.05. Requirements for Trees & Tree
Protection.
Table 4.06.05(D). Officially Designated
Trees.
Table 4.06.05. Landscape Trees & Plants.
Figure 4.1: Pedestrian Easement.
Figure 4.2: Lot Arrangement.
Figure 4.3: Recesses or Projections
Figure 4.4 Streetscape Requirements
Figure 4.5 Unified Signage
Figure 4.6: Buffer “A”
Figure 4.7: Buffer “B”
Figure 4.8: Buffer “C”
Figure 4.9 : Buffer “D”
Figure 4.10: Vehicle Use Landscape Area
Figure 4.11: Planting for Vehicle Use
Landscape Areas
Figure 4.12: Tree Protection Zone
4.07.00. Corridor Overlay (CO)
Standards.
4.07.01. CO Design Standards.
CHAPTER 5. ACCESSORY, TEMPORARY, & SPECIAL USE
SITUATIONS
5.00.01. Purpose.
5.01.00. Accessory Uses & Structures.
5.01.01. Home Occupations
5.01.02. Accessory Structures in All
Land Use Districts.
5.01.03. Accessory Structures in
Residential Land Use Districts.
Table 5.01.03(B). Standards for Accessory
Structures in Residential Districts.
5.01.04. Accessory Dwellings in Residential
Land Use Districts
5.01.05. Dumpsters.
5.01.06. Fences, Hedges, & Walls
Table 5.01.06. Fences, Hedges, & Walls.
5.02.00. Temporary Uses & Structures.
5.02.01. Temporary Dwellings
5.02.03. Temporary Uses.
5.03.02. Exempt Signs
5.03.03. Provisionally Exempt Signs
Table 5.03.03. Standards for Provisionally
Exempt Signs.
5.03.04. Prohibited Signs.
5.03.05. Temporary Signs
Table 5.03.05(C). Types of Temporary
Signs & Conditions for Placement.
Table 5.03.05(D). Standards for Temporary
Signs.
5.03.06. Permissible Permanent On-Site
Signs.
Table 5.03.06(A). Permanent On-Site
Signage.
5.03.07. Design Standards for All
Permanent Signs.
Table 5.03.07(C)(1). Standards for
Permanent Signs.
Table 5.03.07(C)(2). Building Sign Size,
Height, & Number.
5.03.08. Measurement Determinations
Table 5.03.08. Measurement
Determinations.
5.05.00. Supplemental Standards for
85
86
87
88
88
88
88
90
TABLE OF
CONTENTS
90
91
91
91
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
2
CHAPTER
ONE
3
1
< PREVIOUS
6
TOC5
98
99
99
99
101
101
102
102
103
104
104
105
105
105
105
106
111
112
112
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
5
97
97
97
98
FUTURE LAND
USE MAP - 2011
6
96
96
CELL TOWER
ORDINANCE
7
5
93
93
94
94
INDICES
8
92
TABLE OF
CONTENTS
9
92
92
FRONT
PAGE
10
Specific Uses.
5.05.02. Alcoholic Beverage Sales.
5.05.03. Auto Graveyards, Junkyards,
Scrap Metal Processing Plants.
5.05.04. Automotive Parts & Mechanical
Garages.
5.05.05. Gasoline Service Stations.
5.05.06. Mobile Home Parks.
5.05.07. Religious Facilities.
5.05.08. Daycare, Preschool, & Nursery
School.
5.05.09. Public & Private Schools.
Table 5.05.09(B). Standards for Public &
Private Schools.
5.05.10. Group Homes.
5.05.11. Mixed Use Development Projects.
5.05.12. Outdoor Storage.
5.05.13. Motorized Vehicle Sales (New or
Used).
5.05.14. Multi-Family Residential
Development in C & IND Land Use Districts
5.05.15. Mini-Warehouse & Self Store Facility
5.05.16. Marinas.
Figure 5.1: Façade Area
Figure 5.2: Letters or Pictures
Figure 5.3: Four Sign Faces
Figure 5.4: Three-Dimensional Object
Figure 5.5: Sign Height.
CHAPTER 6: CONCURRENCY & INFRASTRUCTURE
REQUIREMENTS
6.01.00. Concurrency Requirements.
6.01.01. Purpose & Applicability.
6.01.02. Determination of Concurrency.
6.01.04. De Minimis Projects.
6.01.05. Strategies to Rectify Lack of
Concurrency.
6.01.06. Proportionate Fair-Share
Transportation Mitigation.
6.02.00. Requirements for Potable
Water, Sanitary Sewer, & Reclaimed
Water.
6.02.01. Requirements for Potable Water.
6.02.02. Requirements for Sanitary Sewer.
6.02.03. Requirements for Reclaimed Water
Systems.
6.03.00. Installation of Improvements.
6.04.00. Stormwater Management
Requirements.
6.04.02. Applicability and Exemptions.
6.04.03. Standards for Stormwater
Management.
6.04.04. Stormwater Management Plan
Requirements.
6.05.00. Transportation, Access, &
Parking Requirments.
6.05.02. Street Access & Driveway Design
Requirements.
Table 6.05.02(A). Planned Street
Connections.
6.05.03. Bicycle & Pedestrian Ways.
Table 6.05.03(B). Bicycle Way Design
Criteria.
Table 6.05.03(C). Sidewalk Design Criteria.
6.05.04. Visibility at Intersections.
112
112
113
113
114
115
115
TABLE OF
CONTENTS
115
117
117
118
118
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
2
CHAPTER
ONE
3
1
< PREVIOUS
8
125
126
126
128
129
129
129
129
129
129
129
129
132
132
132
133
135
135
135
135
135
135
135
136
136
136
136
137
137
137
137
137
137
137
138
CHAPTER 9. VARIATIONS FROM ULDC REQUIREMENTS.
9.01.00. Noncoforming Situations.
139
9.01.01. Continuation of Nonconforming
TOC6
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
5
125
FUTURE LAND
USE MAP - 2011
6
123
124
CELL TOWER
ORDINANCE
7
6
119
122
INDICES
8
118
119/133
TABLE OF
CONTENTS
9
118
FRONT
PAGE
10
6.05.05. Encroachments on Alleys.
6.05.06. Standards for Parking Spaces &
Parking Lots.
Figure 6.1: Visibility at Intersections.
Table 6.05.06(B) Parking Space
Requirements
6.05.07. Standards for Loading Spaces.
6.05.08. Design Standards for Off-Street
Parking Areas.
6.05.09. Layout of Transportation Facilities.
6.05.10. Standards for Handicapped Access
& Parking.
6.05.11. Standards for Motorcycle & Bicycle
Parking Spaces.
6.05.12. Change of Use Requirements.
6.05.13. Parking Studies.
6.05.14. Special Parking Districts.
6.05.15. Specific Parking Requirements for
Recreational Vehicles.
6.05.16. Standards for Stacking Lanes &
Drive-Thru Facilities.
Table 6.05.16(B). Stacking Lane
Requirements.
6.06.00. Technical Standards.
6.06.01. Potable Water Standards.
6.06.02. Sanitary Sewer Standards.
Table 6.06.02(A). Minimum Sanitary Sewer
Grades & Velocities.
6.06.03. Storm Water Standards.
6.06.04. Streets Standards.
Table 6.06.04(A). Right-of-Way Width &
Grades.
Table 6.06.04(C). Minimum Pavement
Width.
Table 6.06.04(E). Sidewalks.
CHAPTER 8. COMMISSIONS, BOARDS, & AGENCIES.
8.01.00. Requirements for All
Comissions & Agencies.
8.01.01. Appointment.
8.01.02. Attendance.
8.01.03. Officers.
8.01.04. By-laws.
8.01.05. Record of Decisions.
Table 8.01.05 (C). Decision-Making
Bodies for Variances & Appeals.
8.02.00. Planning Commission.
8.02.01. Establishment.
8.02.02. Membership & Terms.
8.02.03. Roles & Responsibilities.
8.03.00. Boards of Adjustment.
8.03.02. Membership, Terms, &
Organization.
8.04.00. Community Redevelopment
Agency.
8.04.01. Authority.
8.04.02. Membership, Terms, & Vacancies.
8.04.03. Organization.
TABLE OF
CONTENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
TWO
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
< PREVIOUS
10
TOC7
140
141
141
142
142
142
142
143
143
143
143
143
144
144
144
144
145
145
145
145
PLANNING DEPT.
WEBSITE
5
140
140
FUTURE LAND
USE MAP - 2011
6
140
CELL TOWER
ORDINANCE
7
139
140
INDICES
8
9
139
TABLE OF
CONTENTS
9
139
FRONT
PAGE
10
Uses & Structures.
9.01.02. Expansion or Modification of
Nonconforming Uses or Structures.
9.01.03. Specific Provisions for
Nonconforming Residential Lots of Record.
9.02.00. Variances.
9.02.02. Required Findings for a Grant of
Variance.
Table 9.02.02. Findings for Grant of a
Variance.
9.02.03. Procedures for Variances.
9.02.04. Specific Requirements for
Variances in Areas of Flood Hazard.
Table 9.02.04(B). Findings Specific to Areas
of Flood Hazard.
9.02.05. Specific Requirements for
Variances from Subdivision
Standards.
9.03.00. Appeals of Administrative
Actions.
9.03.02. Time for Filing an Administrative
Appeal.
9.03.03. Appeals Specific to Stormwater
Management Plans.
9.03.04. Appeals Specific to Concurrency
Management.
9.04.00. Administrative Waivers.
9.04.01. Reduction in Required Parking.
Table 9.04.01(C). Reduction in Parking.
9.04.02. Wireless Communications.
Chapter 10. ADMINISTRATIVE PROCEDURES.
10.00.02. Development Permits & Local
Development Orders Required.
10.00.03. Exemptions.
10.00.04. Commencement of Work &
Expiration of Development Permits
& Local Development Orders.
10.00.05. Fees Required.
10.00.06. Fees for Independent Review of
Applications
10.00.07. Certificate of Occupancy.
10.01.00. Application Requirements.
Table 10.01.00. Types of Applications &
Responsible Parties for Final
Review & Decision-Making.
10.01.01. Pre-application Conference.
10.01.02. General Requirements for all
Applications.
Table 10.01.02. General Development
Application Submittal Requirements.
10.01.03. Application for Local Development
Orders.
Table 10.01.03. Submittal Requirements for
Applications for Local
Development Orders.
10.01.04. Application for Development
Permits.
10.01.05. Submittal Requirements for Site
Plans, with or without Supplemental
Standards.
10.01.06. Submittal Requirements for PUD
& TND Master Plans.
Table 10.01.06(C). PUD & TND Master Plan
145
146
146
146
147
147
147
TABLE OF
CONTENTS
148
148
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
< PREVIOUS
151
151
152
152
153
153
153
154
154
155
156
156
156
157
157
157
157
157
158
158
158
159
159
160
161
161
ORDINANCE # 654. Wireless Telecommunications
Code (Cell Towers)
76-1: Definitions
76-1: Applicability & Exceptions
76-3: General Requirements
76-4: Authority of the Dept of Development & Planning
76-5: Administratively Approves Uses
76-6: Special Use Permits
76-7: Buildings or Other Equipment Storage
76-8: Removal of Abandoned Antennas & Cell Sites
76-9: Abandonment of Communication Towers
76-10: Nonconforming Uses
162
163
165
165
170
171
172
175
176
176
178
INDICES
180
TOC8
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
151
FUTURE LAND
USE MAP - 2011
6
150
CELL TOWER
ORDINANCE
7
10
149
INDICES
8
149
TABLE OF
CONTENTS
9
148
FRONT
PAGE
10
Submittal Requirements.
10.01.07. Submittal Requirements for
Stormwater Management Plans.
Preliminary Subdivision Plats.
Table 10.01.08(F). Preliminary Plat
Requirements.
Table 10.01.08(G). Requirements for
Improvement Plans.
Final Plats.
Table 10.01.09(E). Final Plat Requirements.
Comprehensive Plan Amendments &
Amendments to the ULDC.
10.02.00. Notice Requirements.
10.02.04. Published Notice Requirements.
10.03.00. Procedures for Review &
Decision-Making.
10.03.01. Review & Compliance Report by
TRC.
10.03.02. Procedures for Action by the
Community Redevelopment
Agency (CRA).
Planning Commission.
City Commission.
10.04.00. Quasi-Judicial Hearings.
10.04.02. Conduct of hearings.
10.04.03. When Required.
10.04.04. Procedures Regarding Ex Parte
Communication.
10.04.05. Order of Presentations.
10.05.00. Construction & Improvements
10.05.01. Compliance with Development
Permits & Local Development
Orders
10.05.02. Improvement Agreements,
Guarantees, & Sureties.
10.06.00. Amendments To Local
Development Orders.
10.06.01. Amendments Required.
10.07.00. Enforcement.
10.07.02. Responsibility for Enforcement.
10.07.03. Code Enforcement Procedures
Figure 10.1: Subdivision Plat Process.
Figure 10.2: TND & PUD Process.
Figure 10.3: Site Plan Process.
TABLE OF
CONTENTS
NEXT >
CHAPTER 1. GENERAL PROVISIONS
1
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
1.02.00. AUTHORITY. This ULDC is enacted pursuant to the
requirements & authority of Chapter 163, Part II, F.S., & Chapter
166,
F.S.
____________________________________________________________________________________________________
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
1.03.02. Exceptions. Previously approved projects that are
identified as exempt from the provisions of this ULDC are exempt
only to the extent of the previous approval & are exempt from the
provisions of this ULDC only to the extent that such provisions &
requirements are inconsistent with prior, unexpired approval. The
following general conditions or circumstances are exempt from the
provisions & requirements of the ULDC:
A. Projects for which a development permit has been lawfully
issued, provided:
1. The development permit has not expired prior to the effective
date of the ULDC or amendment of the ULDC;
2. The development activity authorized by the development
permit commenced on or before the effective date of this
ULDC & continues in good faith according to the applicable
time limits; &
3. The development activity authorized by the development permit is in accordance with all applicable development permits.
B. Work required for public facilities & services & undertaken by an
authorized governmental entity or agency within the public right-ofway, as further described below:
1. Work required for the installation of facilities for the distribution
or transmission of gas, water, sewer, or telecommunications
services;
2. Work required for the purpose of inspecting, repairing, or
replacing any existing water or sewer lines, mains, or pipes; &
1
PLANNING DEPT.
WEBSITE
5
1.03.01. Generally.
A. The use of any parcel of land, or any structure, or any combination
thereof, within the corporate limits of the City shall be in conformance
with the requirements of the ULDC.
B. All development, which includes redevelopment, shall conform
to the standards, criteria, requirements, & procedures of this ULDC.
C. A change of use shall conform to the standards, criteria,
requirements, & procedures of this ULDC.
D. Where a development permit that was lawfully issued prior to
the effective date of this ULDC expires, any further development
on the site subject to the development permit shall conform to the
standards,
criteria, requirements, & procedures of this ULDC.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
1.03.00.
APPLICABILITY.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
1.01.00. TITLE. This code shall be known as & entitled the “Lynn
Haven Unified Land Development Code” & may be referred to
herein
as the “ULDC.”
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
1.00.01. Purpose & Intent. This Unified Land Development
Code is hereby adopted & established as the City’s official land
development regulations in compliance with the City of Lynn Haven
Comprehensive Plan, in order to accomplish the following purposes:
A. To promote the general health & welfare;
B. Lessen danger from fire;
C. Provide adequate light & air;
D. Prevent the overcrowding of land;
E. Conserve natural resources;
F. Provide facilities concurrent with the needs of development
for transportation, potable water, sanitary sewerage, parks &
recreation, stormwater management,& solid waste disposal; &
G. Conserve the value of real estate & encourage the most
appropriate use of land within the City.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
SEVEN
1.00.00.
GENERALLY.
____________________________________________________________________________________________________
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
TABLE OF
CONTENTS
9
1.04.00. CITY MANAGER. The City Manager is the chief
administrative official of Lynn Haven. For the purposes of this
ULDC, the City Manager is assigned to administer, interpret, &
implement the standards, criteria, & procedures of this ULDC.
The City Manager may delegate such responsibilities in writing to
City staff. Throughout this ULDC, the term “City Manager” is used
to indicate the responsibility for specified actions, except where
specified actions are reserved or specifically delegated to the
building official. In all instances, “City Manager” means the “City
Manager
or designee.”
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
NINE
3. Work required for the purpose of inspecting, repairing, or
replacing cables, power lines, utility poles, utility tunnels, or
the like.
____________________________________________________________________________________________________
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
1.05.03. Rules for Interpretation of Boundaries.
A. The boundaries of the several land use districts as shown on
the map entitled, Official Land Use Map, approved & adopted by
the City Commission, which map, together with such additions or
changes as may be found necessary or advisable from time to time,
is hereby made a part of this ULDC.
B. All areas within the City which are under water shall be subject
to the same regulations as the land use districts which they adjoin.
C. Boundary lines between districts adjoining water areas shall
be extended in lines to the corporate limits or until they meet the
extended
lines of other districts.
____________________________________________________________________________________________________
1.05.04. Rules of Construction. The following rules of construction
shall be applied in the interpretation of the provisions of this ULDC:
A. The word “shall” is mandatory & the word “may” is discretionary;
B. Words used in the present tense shall include other tenses;
C. Words in the singular shall include the plural, & words in the
plural shall include the singular;
D. Words denoting the masculine gender shall be construed to
include the feminine & neuter;
E. The word “person” includes a firm, association, organization,
partnership, trust, company, or corporation, as well as an individual;
F. The word “owner,” applied to a building or land, shall include any
part owner, joint owner, tenant in common, tenant in partnership,
joint tenant, or tenant by the entirety, of the whole or of a part of
such building or land;
2
PLANNING DEPT.
WEBSITE
5
1.05.02. Responsibility for Interpretation.
A. In the event that any question arises concerning the application
of regulations, standards, definitions, development criteria, or any
other provision of this ULDC, the City Manager shall be responsible
for interpretation. In the interpretation of this ULDC, the City Manager
shall seek guidance from the comprehensive plan.
B. Responsibility for interpretation by the City Manager shall be
limited to standards, regulations, & requirements of this ULDC,
& shall not be construed to include interpretation of any technical
codes adopted by reference in this ULDC. Interpretation shall not be
construed to override the responsibilities given to any commission,
board,
or official named in other sections or chapters of this ULDC.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
1.05.01. Generally.
A. Specific provisions of this ULDC shall be followed, in lieu of
general provisions that may be in conflict with the specific provision.
B. In the interpretation and application of this ULDC, all standards,
provisions, & requirements shall be liberally construed in favor of
the objectives & purposes of the City & shall not be construed to
limit nor repeal any other powers granted under State statutes.
C. Where provisions of this ULDC conflict with other regulations,
the more stringent restrictions shall be applied.
D. Where written text & illustrations are in conflict, the written text
shall
govern.
____________________________________________________________________________________________________
INDICES
8
CHAPTER
CHAPTER
ONE
ONE
1.05.00.
INTERPRETATIONS.
____________________________________________________________________________________________________
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
TWO
CHAPTER
EIGHT
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
Accessory structure (Appurtenant structure) means, for purposes
of floodplain management, a structure that is located on the same
parcel of property as the principal structure & the use of which is
incidental to the use of the principal structure. Accessory structures
should constitute a minimal investment, may not be used for human
habitation, & be designed to have minimal flood damage potential.
Examples of accessory structures are detached garages, carports,
storage sheds, pole barns, & hay sheds.
Accessory use means a use of land or structure or portion thereof
customarily incidental & subordinate to the principal use of the land
or structure & located on the same parcel with the principal use.
3
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
1.07.00. ACRONYMS & DEFINITIONS.
A. List of acronyms.
CRA – Community Redevelopment Agency or Community
Redevelopment Area (when referring to the CRA Plan)
DBH – diameter at breast height
EPA – Environmental Protection Agency
ERP – Environmental Resource Permit
FAA – Federal Aviation Administration
FAC – Florida Administrative Code
FCC – Federal Communications Commission
FDEP – Florida Department of Environmental Protection
FDOT – Florida Department of Transportation
FEMA – Federal Emergency Management Agency
FIRM – Flood Insurance Rate Map
FLUM – Future Land Use Map
FS – Florida Statutes
NGVD – National Geodetic Vertical Datum
OFW – Outstanding Florida Water
PUD – Planned Unit Development
TRC – Technical Review Committee
TSM – Technical Standards Manual
ULDC – Unified Land Development Code
USACOE – United States Army Corps of Engineers
B. List of defined terms. Words & phrases shall be construed
according to the common & approved usage of the language. Words
with specific meaning in this ULDC are defined below.
Abutting property means any property that is immediately adjacent
or contiguous to, or immediately across any road or public right-ofway from the subdivision.
CELL TOWER
ORDINANCE
7
1.06.00. DOCUMENTS REFERENCED.
A. The Technical Standards Manual, previously referred to as the
Concurrency Management System User’s Handbook, referred to
herein as TSM.
B. The Future Land Use Map (FLUM) as adopted within the Lynn
Haven Comprehensive Plan & designated the “Official Land Use
Map”
in Section 2.00.02.
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
1.05.05. Computation of Time.
A. Whenever a notice is required to be given, an act to be done, or
a certain length of time before any proceeding shall be provided,
the day on which such notice is given, or such act is done, shall
be counted in computing the time, but the day on which such
proceeding is to be had shall not be counted.
B. The term “day” means a calendar day.
C.
The term “month” means a calendar month.
____________________________________________________________________________________________________
FRONT
PAGE
10
G. The word “and” indicates that all the connected items, conditions,
provisions, or events shall apply;
H. The word “or” indicates that the connected items, conditions,
provisions, or events may apply singularly or in any combination; &
I. The words “either ... or” indicate that the connected items,
conditions, provisions, or events shall apply singularly, but not in
combination.
____________________________________________________________________________________________________
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
7
Apartment means 1 or more rooms with private bath & kitchen
facilities comprising an independent self-contained dwelling unit
not owned in fee simple.
Apartment house means any building or part thereof providing
more than 2 separate apartments.
6
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
2
1
Applicant means any person applying for or who has been granted
a permit to proceed with a project.
Aquifer means an underground formation, group of formations, or
part of a formation that is permeable enough to transmit, store or
yield usable quantities of water.
Architect means a person registered and currently licensed to
practice architecture in the State.
Area of shallow flooding means a designated AO or VO zone on
the City’s flood insurance rate map (FIRM) with base flood depths
from 1 to 3 feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable & indeterminate, &
where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
PLANNING DEPT.
WEBSITE
4
CHAPTER
CHAPTER
ONE
ONE
5
Appeal means a request for a review of the City Manager’s
interpretation of any provision of this ULDC, or a request for a review
of the Floodplain Administrator’s interpretation of any provision of
the City’s floodplain management regulations.
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
Agricultural lands mean those lands in any agricultural use
including forestry.
CELL TOWER
ORDINANCE
CHAPTER
FIVE
Advertising means sign copy intended directly or indirectly
to promote the sale or use of a product, service, commodity,
entertainment, or real or personal property.
INDICES
8
TABLE OF
CONTENTS
9
Adverse effects means any modifications, alterations, or effects
on waters, associated wetlands, or shore lands, including their
quality, quantity, hydrology, surface area, species composition, or
usefulness for human or natural uses which are or may potentially
be harmful or injurious to human health, welfare, safety or property,
to biological productivity, diversity, or stability or which unreasonably
interfere with the reasonable use of property, including outdoor
recreation. The term includes secondary & cumulative, as well as
direct impacts.
FRONT
PAGE
10
Addition (to an existing building) means any walled & roofed
expansion to the perimeter of a building in which the addition is
connected by a common load bearing wall other than a firewall.
Any walled & roofed addition which is connected by a firewall or
is separated by independent perimeter load bearing walls is new
construction.
Areas of special flood hazard means the land in a floodplain
within the City which is subject to a 1% or greater chance of being
flooded in any given year.
Artificial drainage system means any canal, ditch, culvert, dike,
storm sewer or other man-made facility which tends to control the
surface flow of water.
As-built means the construction document with exact location of
utilities, rights-of-way & property lines.
< PREVIOUS
As-built plans means the amended site plans specifying the
locations, dimensions, elevations, capacities & capabilities of
structures or facilities as they have been constructed.
Associated wetland means any wetland that is adjacent or
contiguous to waters, or which has a direct hydrologic connection
to waters.
Base flood means the flood having a one percent chance of being
equaled or exceeded in any given year (also called the “100-year
flood” & the “regulatory flood”).
Base flood elevation means the water-surface elevation associated
4
GENERAL
PROVISIONS
NEXT >
CHAPTER
NINE
9
Block means and includes tier or group & means a group of lots
existing within well-defined and fixed boundaries, usually being an
area surrounded by streets or other physical barriers and having
an assigned number, letter, or other name thru which it may be
identified.
CHAPTER
SIX
5
Building means any enclosed or roofed structure for any occupancy
or storage.
- Accessory building means any building, the use of which is
incidental to the main building, & which is placed upon the same
lot as the main building.
- Building setback means a line parallel to & equidistant from the
relevant lot line (front, back, & side) between which no buildings
or structures may be erected as prescribed in these regulations.
Certificate of concurrency means the certificate issued by the
City upon finding that an application for a development permit will
not result in the reduction of the level of service standards set forth
in the City Plan for public facilities & services.
City engineer means an engineer employed by the City &
designated as City engineer.
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
Coastal high hazard area means an area of special flood hazard
extending from offshore to the inland limit of a primary frontal dune
along an open coast & any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on
the FIRM as Zone V1 – V30, VE, or V.
Commercially developed parcel means a parcel of property
used for wholesale or retail purposes on which the property user
or employees are engaged in work for which it is intended that
compensation be received for goods or services.
PLANNING DEPT.
WEBSITE
Clearing means the removal of trees & brush from the land, not
including the ordinary mowing of grass.
FUTURE LAND
USE MAP - 2011
6
CHAPTER
FIVE
7
Breakaway wall means a wall that is not part of the structural
support of the building and is intended thru its design & construction
to collapse under specific lateral loading forces without causing
damage to the elevated portion of the building or the supporting
foundation system.
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
8
INDICES
CHAPTER
EIGHT
Board means the Board of Adjustment.
TABLE OF
CONTENTS
10
Basement means that portion of a building having its floor
subgrade (below ground level) on all sides.
Beneficial functions of a protected environmentally sensitive
area means those functions, described in the conservation element
of the City Comprehensive Plan, that justify designating an area as
environmentally sensitive.
FRONT
PAGE
CHAPTER
TEN
with the base flood.
Concurrency management system means the procedures &
processes utilized by the City to determine that development
permits, when issued, will not result in the reduction of the level of
service standards set forth in the City Comprehensive Plan.
Curb level means the elevation of the top of the street curb, as
officially established by the City.
< PREVIOUS
Datum means a reference surface used to ensure that all elevation
records are properly related. The current national datum is the
National Geodetic Vertical Datum (NGVD) of 1929, which is
expressed in relation to mean sea level, or the North American
Vertical Datum (NAVD) of 1988.
Deed restriction means the developers’ right to impose restrictive
covenants or other such limitations on the sale & use of the
property within a subdivision. All restrictions are to be recorded
in the records of the Clerk of the Circuit Court & shall be either
shown or referenced on the final plat of record. The City shall have
no responsibility for ensuring compliance with, or enforcement of,
5
GENERAL
PROVISIONS
NEXT >
10
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
SIX
5
1. building;
2. tree removal;
3. temporary use; &
4. demolition.
For the purposes of the floodplain management, development
means any man-made change to improved or unimproved real
estate, including, but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavating, drilling
operations, or storage of materials or equipment.
Local Development Order is a permit that gives the developer the
right to commence land clearing & site work, including installation
of infrastructure. A local development order will be issued for the
following:
1. Development plan approval for planned unit developments
(PUD).
2. Preliminary & final plat approval.
3. Minor Subdivision Replat.
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
4
5. Development orders for developments of regional impact, as
defined in Section 380.06, F.S.
6. Traditional Neighborhood Development (TND) plans.
Direct hydrologic connection means a surface water connection
which, under normal hydrological conditions, occurs on an average
of 30 or more consecutive days per year. In the absence of reliable
hydrologic records, a continuum of wetlands may be used to
establish a direct hydrologic connection.
PLANNING DEPT.
WEBSITE
4. Site plans.
CHAPTER
ONE
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
Permit (or, Development Permit) means a document issued by
the City authorizing the applicant to undertake certain activities,
including, but not limited to:
INDICES
8
Development or development activities means construction,
clearing, filling, excavating, grading, paving, dredging, mining, or
otherwise significantly disturbing the soil of a site.
TABLE OF
CONTENTS
CHAPTER
EIGHT
Developer means an individual, partnership, corporation, or other
legal entity, or agent thereof, who undertakes the activities covered
by this ULDC.
9
CHAPTER
FIVE
Detention means the collection & storage of surface water for
subsequent controlled discharge at a rate which is less than the
rate of inflow.
FRONT
PAGE
CHAPTER
TEN
any such privately imposed restrictions, unless they are included
as part of an enforceable development agreement.
Discharge or discharge point means the point of outflow of water
from a project, site, aquifer, drainage basin or facility.
2
1
< PREVIOUS
Drainage facility means the whole or any part of the drainage
system.
Drainage plan means the detailed analysis required by Sections
6.04.03 & 6.04.04 for each activity described in Section 6.04.02.
Drainage system means the system thru which water flows; it
includes all watercourses, waterbodies, & wetlands.
Dwelling unit means a room or rooms connected together,
constituting a separate, independent housekeeping establishment
containing sleeping, kitchen, & sanitary facilities.
- Accessory - A separate, complete housekeeping unit with a
separate entrance, kitchen, sleeping, and complete sanitary
facilities, which is an attached or detached extension to an
existing single-family structure.
- Duplex - A structure containing two separate dwelling units,
each of which has independent access.
6
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
Erosion means the wearing or washing away of soil by the action
of wind or water.
Existing means the average physical condition of the land
and buildings on a site immediately before development or
redevelopment commences.
Existing construction means any structure for which the start
of construction commenced before the effective date of the first
floodplain management code, ordinance, or standard based upon
specific technical base flood elevation data which establishes the
area of special flood hazard, in the City.
Existing manufactured home, park or subdivision means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, & either final site grading or the pouring
of concrete pads), is completed before the effective date of floodplain
management regulations adopted by the City.
Expansion to an existing manufactured home park or
subdivision means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including the installation
of utilities, the construction of streets, & either final site grading or
pouring of concrete pads).
PLANNING DEPT.
WEBSITE
5
Engineer means a person registered & currently licensed to practice
professional engineering in the State.
FUTURE LAND
USE MAP - 2011
6
Encroachment means the advance or infringement of uses,
plant growth, fill, excavation, buildings, permanent structures or
development into a floodplain, which may impede or alter the flow
capacity of a floodplain.
CELL TOWER
ORDINANCE
7
Elevated building means a nonbasement building built to have the
lowest floor elevated above the natural ground level by means of
fill, solid foundation perimeter walls, piling, columns (posts & piers),
shear walls, or breakaway walls.
INDICES
8
Easement means an interest in land owned by another which
entitles its holder to a specific use or enjoyment.
TABLE OF
CONTENTS
9
- Single-family residence means a detached dwelling unit with
a room or rooms connected together, constituting a separate,
independent housekeeping establishment containing sleeping,
kitchen, & sanitary facilities.
FRONT
PAGE
10
- Multiple-family dwelling - A dwelling on one (1) lot, containing
three (3) or more separate dwelling units, having separate or
joint entrances, & including the terms apartments, group homes,
row houses, condominiums & multiple dwellings.
Facade. That portion of any exterior elevation on the building
extending from grade to top of the parapet, wall, or eaves & the
entire width of the building elevation.
Facade, street. The facing wall of a building fronting a street, other
than courtyard walls.
First story means that part of a building or structure resting on or
anchored to piers, foundation, or basement enclosure supporting the
first floor joist sills & forming the lower floor level to its ceiling height.
Flood or flooding means a temporary rise in the level of any
waterbody, watercourse, or wetland which results in the inundation
of areas not ordinarily covered by water.
GENERAL
PROVISIONS
For the purposes of floodplain management, Flood or flooding
means:
< PREVIOUS
(a) A general & temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters.
(2) The unusual & rapid accumulation or runoff of surface
7
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
< PREVIOUS
Floodplain Administrator is the individual appointed to administer
& enforce the floodplain management regulations of the City of
Lynn Haven.
Floodplain management regulations means Section 3.01.00
of this ULDC & other zoning ordinances, subdivision regulations,
building codes, health regulations, special purpose ordinances &
other applications of police power which control development in
floodprone areas. This term describes Federal, State of Florida,
or local regulations in any combination thereof, which provide
standards for preventing & reducing flood loss & damage.
Floodproofing means any combination of structural & nonstructural
additions, changes, or adjustments to properties & structures which
reduce or eliminate flood damage to land, water & sanitary facilities,
structures, & contents of buildings.
PLANNING DEPT.
WEBSITE
5
Floodplain means any land area susceptible to being inundated
by water from any source.
FUTURE LAND
USE MAP - 2011
6
Flood Insurance Study (FIS) is the official hydrology & hydraulics
report provided by FEMA. The study contains an examination,
evaluation, & determination of flood hazards. The study may also
contain flood profiles, as well as the FIRM, FHBM (where applicable)
& other related data & information.
CELL TOWER
ORDINANCE
7
Flood Insurance Rate Map (FIRM) means an official map of the
City of Lynn Haven, on which the FEMA has delineated both the
areas of special flood hazard & the risk premium zones applicable
to the City of Lynn Haven.
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
waters from any source.
(b) The collapse or subsidence of land along a shore of a lake
or other body of water as the result of erosion or undermining
caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe storm
or by an unanticipated force of nature, such as a flash flood or an
abnormal tidal surge or by some similarly unusual & unforeseeable
event which results in flooding as defined in paragraph (a) (1) of
this definition.
Flood Boundary & Floodway Map (FBFM) means the official map
of the City of Lynn Haven on which the FEMA has delineated the
areas of special flood hazard & regulatory floodways.
Flood Hazard Boundary Map (FHBM) means an official map of
the City of Lynn Haven, issued by FEMA, where the boundaries of
the areas of special flood hazards have been defined as zone A.
Floodway means the channel of a river or other watercourse & the
adjacent land areas that must be reserved, in order to discharge
the base flood without cumulatively increasing the water surface
elevation more than 1 foot.
Floor means the top surface of an enclosed area in a building
(including basement), i.e., top of slab in concrete slab construction
or top of wood flooring in wood frame construction. The term does
not include the floor of a garage used solely for parking vehicles.
Floor area ratio (F.A.R.) means a measurement of the intensity
of development on a site. The floor area ratio is the relationship
between the total floor area on a site & the gross site area. The
F.A.R. is calculated by adding together all floor areas of all floors
& dividing this total by the gross site area. F.A.R. = Total Building
Floor Area/Total Lot Area.
Free of Obstruction means any type of lower area enclosure or
other construction element will not obstruct the flow of velocity
water & wave action beneath the lowest horizontal structural
member of the lowest floor of an elevated building during a base
flood event. This requirement applies to the structures in velocity
zones (V-Zones).
8
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
3
Highest adjacent grade means the highest natural elevation of
the ground surface, prior to the start of construction, next to the
proposed walls of a building.
CHAPTER
TWO
Historic structure means any structure that is:
2
CHAPTER
ONE
CHAPTER
THREE
4
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
Hardship as related to variances from the City’s floodplain
management regulations means the exceptional difficulty associated
with the land that would result from a failure to grant the requested
variance. The City of Lynn Haven requires that the variance
is exceptional, unusual, & peculiar to the property involved.
Mere economic or financial hardship alone is not exceptional.
Inconvenience, aesthetic considerations, physical handicaps,
personal preferences, or the disapproval of one’s neighbors likewise
cannot, as a rule, qualify as an exceptional hardship. All of these
problems can be resolved thru other means without granting a
variance, even if the alternative is more expensive, or requires the
property owner to build elsewhere or put the parcel to a different
use than originally intended.
Height of building means the vertical distance to the top plate
of the building measured from the curb level, or above the flood
elevation if no curb level has been established.
CELL TOWER
ORDINANCE
7
Group home facility. Homes of 6 or fewer residents which
otherwise meet the definition of a community residential home shall
be deemed a single-family unit and a noncommercial, residential
use for the purpose of local laws and ordinances. Homes of 6 or
fewer residents which otherwise meet the definition of a community
residential home shall be allowed in single-family or multifamily
zoning without approval by the local government, provided that such
homes shall not be located within a radius of 1,000 feet of another
existing such home with 6 or fewer residents. Such homes with 6 or
fewer residents shall not be required to comply with the notification
provisions of this section; provided, however, that the sponsoring
agency or the department notifies the local government at the time
of home occupancy that the home is licensed by the department.
INDICES
8
Groundwater means water beneath the surface of the ground
whether or not flowing thru known & definite channels.
TABLE OF
CONTENTS
9
Functionally dependent facility or use means a facility which
cannot be used for its intended purpose unless it is located or carried
out in close proximity to water, such as a docking or port facility
necessary for the loading & unloading of cargo or passengers,
shipbuilding or ship repair. The term does not include long-term
storage, manufacture, sales, or service facilities.
FRONT
PAGE
10
CHAPTER
SEVEN
Frontage means the length of the front property line of the lot,
lots, or tract of land abutting a public street, road, highway, or rural
right-of-way.
1
1. Listed individually in the National Register of Historic Places,
a listing maintained by the Department of Interior, or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing on the national register;
2. Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states
with historic preservation programs which have been approved by
the Secretary of the Interior; or
GENERAL
PROVISIONS
4. Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified either:
< PREVIOUS
a. By an approved state program, as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without Unified Land Development Code
9
NEXT >
CHAPTER
NINE
Improvements means the physical changes made to raw land &
structures placed on or under the land surface.
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
Lot means the latest fractional part of subdivided lands having
limited fixed boundaries, & an assigned number, letter, or other
name thru which it may be identified. The word “lot” shall include
the words “plot,” “parcel,” or “tract.”
- Corner lot means a lot abutting upon 2 or more streets at a
street intersection, or abutting upon 2 adjoining & deflected lines
of the same street & thereby forming an interior angle of less
than 135 degrees.
- Depth of lot means the average distance from a street line to
the rear of the lot, measured in the mean general direction of
the side lot lines.
- Double frontage lot means a lot having 2 non-adjoining property
lines abutting upon a street.
3
2
PLANNING DEPT.
WEBSITE
4
Limited industrial means the manufacture, predominantly from
previously prepared materials, of finished products or parts,
including processing, fabrication, assembly, treatment, & packaging
of such products, & incidental storage, sales & distribution. This
excludes basic industrial processing & custom manufacturing.
FUTURE LAND
USE MAP - 2011
5
Light Trespass means light emitted by a luminaire that shines
beyond the boundaries of the property on which the liminaire is
located.
CELL TOWER
ORDINANCE
6
CHAPTER
FIVE
Land surveyor means a land surveyor duly registered & currently
licensed in the State.
7
CHAPTER
ONE
Land means the earth, water, air, above, below or on the surface,
& includes any vegetation, improvements, or structures.
INDICES
8
Impervious surface means a surface which has been compacted
or covered with a layer of material so that it is highly resistant to
infiltration by water. The term includes most conventionally surfaced
streets, roofs, sidewalks, parking lots, & similar structures.
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
FRONT
PAGE
CHAPTER
TEN
approved programs.
Hotel is an establishment providing, for a fee, transient sleeping
accommodations, resort residential rentals (see F.S. 509.242) &
customary lodging services, including maid service, the furnishing
& upkeep of furniture & bed linens, & telephone & desk service.
Related ancillary uses may include but shall not be limited to
conference & meeting rooms, restaurants, bars, & recreational
facilities.
- Lot frontage means the horizontal distance between the side
lot lines measured at the point where the side lot lines intersect
the street right-of-way. All sides of a lot that abuts a street shall
be considered frontage. On curvilinear streets, the arc between
the side lot lines shall be considered the lot frontage.
- Lot reconfiguration is the reconfiguration of lot lines within an
existing plat to create an equal or lesser number of lots.
- Rear lot line means the dividing line between 2 tiers of lots
in a block; the line separating a lot from an alley or the less
important of 2 streets.
- Width of lot means the distance between the side lot lines.
1
< PREVIOUS
Lowest adjacent grade means the lowest elevation, after the
completion of construction, of the ground, sidewalk, patio, deck
support, or basement entryway immediately next to the structure.
Lowest floor means the lowest floor of the lowest enclosed area
(including basement). An unfinished or flood resistant enclosure,
used solely for parking of vehicles, building access, or storage, in
an area other than a basement, is not considered a building’s lowest
floor, provided that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design standards
of the City’s floodplain managment regulations.
10
GENERAL
PROVISIONS
NEXT >
Minimum distance means the shortest permissible distance
between 2 points.
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
TWO
CHAPTER
FOUR
Mean sea level means the average height of the sea for all
stages of the tide. It is used as a reference for establishing various
elevations within the floodplain. For purposes of this ULDC, the term
is synonymous with the National Geodetic Vertical Datum (NGVD)
or North American Verical Datum (NAVD) of 1988.
2
Mini-warehouse or self-service storage facility means one (1)
or more structures containing individual, compartmentalized stalls,
lockers or storage spaces with direct, private access for dead
storage of personal property.
CHAPTER
ONE
3
Mean high water line means the intersection of the tidal plane of
mean high water with the shore.
1
Multiple occupancy complex means a commercial use, i.e., any
use other than residential or agricultural, consisting of a parcel of
property, or parcel of contiguous properties, existing as a unified
or coordinated project, with a building housing more than one (1)
occupant.
< PREVIOUS
PLANNING DEPT.
WEBSITE
4
CHAPTER
THREE
5
Mean High Water is the average height of the high water over a
19 year period. For shorter periods of observation, it means the
average height of water after corrections are applied to eliminate
known variations & to reduce the result to the equivalent of a mean
19 year value. The mean high water line along the shores of land
immediately bordering on navigable waters is recognized & declared
to be the boundary between the foreshore owned by the State in its
sovereign capacity & upland subject to private ownership.
FUTURE LAND
USE MAP - 2011
6
Manufactured home park or subdivision means a parcel (or
contiguous parcels) of land divided into 2 or more manufactured
home lots for rent or sale.
Market value means the building value, which is the property
value excluding the land value & that of the detached accessory
structures & other improvements on site (as agreed to between a
willing buyer & seller) as established by what the local real estate
market will bear. Market value can be established by an independent
certified appraisal (other than a limited or curbside appraisal, or
one based on income approach), Actual Cash Value (replacement
cost depreciated for age & quality of construction of building), or
adjusted tax-assessed values.
Massing is the overall bulk or size of a building or project, its physical
volume or magnitude.
CELL TOWER
ORDINANCE
7
Manufactured home means a building, transportable in one (1) or
more sections, which is built on a permanent chassis & designed to
be used with or without a permanent foundation when connected
to the required utilities. The term also includes park trailers, travel
trailers, & similar transportable structures placed on a site for 180
consecutive days or longer & intended to be improved property.
INDICES
8
CHAPTER
FIVE
9
Maintenance means that action taken to restore or preserve the
functional intent of any facility or system.
TABLE OF
CONTENTS
CHAPTER
NINE
10
Lynn Haven City Plan means the Comprehensive Plan adopted
by the City Commission pursuant to Ch. 163, Part II, F.S., as such
plan may be amended from time to time.
FRONT
PAGE
CHAPTER
TEN
Luminaire means a device which emits light or a complete lighting
system, including the lamp & fixture.
National Geodetic Vertical Datum (NGVD) means, as corrected in
1929, a vertical control used as a reference for establishing varying
elevations within the floodplain.
Natural system means a system which predominantly consists of
or uses those communities of plants, animals, bacteria, & other life
systems which naturally occur on the land, in the soil or in the water.
Neighborhood means a parcel or parcel of land, at least forty (40)
acres in size, planned as a whole & containing a mixture of all uses
11
GENERAL
PROVISIONS
NEXT >
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
THREE
CHAPTER
SEVEN
CHAPTER
FIVE
CHAPTER
FOUR
4
3
Occupied means “arranged,” “designed or intended to be used,”
& “designed or intended to be occupied.”
Owner means the person in whom is vested the fee ownership,
dominion, or title of property that is the lawful proprietor. This term
may also include a tenant, if, under his lease, he is responsible
for the maintenance of the property; provided that the tenant shall
always obtain the consent of the person(s) or entity who possesses
vested fees in the property.
Parcel means a unit of land within legally established property lines.
Park shall mean a public open space, usable for passive or active
recreation.
PLANNING DEPT.
WEBSITE
5
Open Storage shall include goods, materials & vehicles with current
tag & registration.
FUTURE LAND
USE MAP - 2011
6
Occupant (occupancy) means a commercial use, i.e., any use
other than residential or agricultural. For residential purposes,
occupant means a natural person who is physically present in a
residential dwelling unit in excess of 6 consecutive hours. Each
motor vehicle, as defined in Section 26-96 of the City Code, which
is parked longer than 6 hours between any part of the dwelling unit
& the right-of-way, including those vehicles parked in the right-ofway contiguous to the dwelling lot, shall be presumed to represent
a separate occupant of the dwelling & such presumption may be
rebutted by clear & convincing evidence.
CELL TOWER
ORDINANCE
7
North American Verical Datum (NAVD) means a vertical control
used as a reference for establishing varying elevations within the
floodplain.
INDICES
8
New manufactured home park or subdivision means a
manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum, the installation of utilities,
the construction of streets, & either final site grading or the pouring
of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted in this ULDC.
TABLE OF
CONTENTS
9
CHAPTER
SIX
10
New construction means, for purposes of floodplain management,
buildings for which the start of construction commenced on or
after the effective date of this ULDC based upon specific technical
base flood elevation data which establishes the area of special
flood hazard in the City. The term also includes any subsequent
improvements to such structure.
FRONT
PAGE
CHAPTER
TEN
within a Traditional Neighborhood Development (TND).
Pedestrian access easement means walkways, usually unpaved,
that provide pedestrian passage thru or along a block, running from
street to street, or street to alley.
CHAPTER
TWO
2
Planting strip is an easement or right-of-way between a sidewalk
& parking or driving lane.
CHAPTER
ONE
Permanent means designed, constructed & intended for more than
temporary use as regulated in this ULDC.
1
Plat means a map or drawing depicting the division of lands
& lots, blocks, parcels, tracts, or sites being a complete exact
representation of the subdivision & other information in compliance
with all applicable sections of the State plat act, Section 177.031,
F.S., et seq., & this chapter.
< PREVIOUS
Pollutant means any substance, contaminant, noise, or man-made
or man-induced alteration of the chemical, physical, biological, or
radiological integrity of air or water in quantities or at levels which are
or may be potentially harmful or injurious to human health or welfare,
animal or plant life, or property, or which unreasonably interfere
with the enjoyment of life or property, including outdoor recreation.
Principally above ground means that at least 51% of the actual
cash value of the structure is above ground.
12
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
1. Built on a single chassis;
6
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
< PREVIOUS
4. Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or
seasonal use.
Regulatory floodway means the channel of a river or other
watercourse & the adjacent land areas that must be reserved, in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height.
Repetitive Loss means flood related damage sustained by a
structure on 2 separate occasions during a 10-year period for
which the cost of repairs at the time of each such flood event, on
the average, equals or exceeds 25% of the market value of the
structure before the damage occurred.
Residential dwelling unit means a single family home, duplex
unit, townhouse unit, apartment unit, condominium unit, or other
dwelling unit intended for residential occupancy & which has been
assigned an individual & unique address by the U.S. Postal Service.
Restaurant, Take-out: Establishment for the sale of prepared food,
most of which is consumed off the premises.
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
3. Designed to be self-propelled or permanently towable; &
5
CHAPTER
ONE
2. 400 square feet or less when measured at the largest horizontal
projection;
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
Recreational vehicle means a vehicle which is:
CELL TOWER
ORDINANCE
7
INDICES
8
Public facilities & services means the following public facilities &
services for which level of service standards have been established
in the City Plan: 1. Potable water; 2. Wastewater; 3. Solid waste;
4. Recreation/open space 5. Storm water management; & 6.
Transportation.
Public safety & nuisance means anything which is injurious to
safety or health of the entire community or a neighborhood, or any
considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake,
or river, bay, stream, canal, or basin.
Reasonably safe from flooding means base flood waters will not
inundate the land or damage structures to be removed from the
SFHA & that any subsurface waters related to the base flood will
not damage existing or proposed buildings.
Receiving bodies of water means any waterbodies, watercourses,
& wetlands into which surface waters flow.
Recharge means the inflow of water into a project, site, aquifer,
drainage basin or facility.
TABLE OF
CONTENTS
9
Protected wellhead means those wellheads which supply potable
water for public consumption in the City.
FRONT
PAGE
10
CHAPTER
SEVEN
Protected environmentally sensitive area means an
environmentally sensitive area designated for protection in the
Conservation Element of the City Comprehensive Plan.
Restrictive covenants means private regulations recorded with
the final plat which limit or otherwise govern the use, intensity, &
development patterns of land within a subdivision or parcel of land
for a specified time & transfers with the property.
Retention means the collection & storage of runoff without
subsequent surface discharge to surface waters.
Reuse means water which has been treated to allow for irrigation.
Riverine means relating to, formed by, or resembling a river
(including tributaries), stream, or brook.
Roofline means a horizontal line intersecting the highest point or
points of a roof.
Sediment means solid material, whether mineral or organic, that
is in suspension, is being transported, or has been moved from its
site or origin by air, water or gravity.
13
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
7
Erect a sign means to construct, reconstruct, build, relocate,
raise, assemble, place, affix, attach, create, paint, draw, or in any
other way bring into being or establish a sign. It shall not include
any such activities when performed as an incident to the change
of message, routine maintenance activities when performed as
an incident to the change of message, or routine maintenance.
6
Ground sign means a sign that is supported by one (1) or more
columns, upright poles, or braces extended from the ground or
from an object on the ground, or that is erected on the ground,
where no part of the sign is attached to any part of a building.
5
4
3
2
1
< PREVIOUS
Harmful to minors means, with regard to sign content, any
description or representation, in whatever form, of nudity, sexual
conduct, or sexual excitement, when it:
1. Predominately appeals to the prurient, shameful, or morbid
interest of minors in sex;
2. Is patently offensive to contemporary standards in the adult
community as a whole with respect to what is suitable sexual
material for minors; &
3. Taken as a whole, lacks serious literary, artistic, political, or
scientific value.
4. The term “harmful to minors” shall also include any non-erotic
word or picture when it is patently offensive to contemporary
standards in the adult community as a whole with respect to
what is suitable for viewing by minors, &, taken as a whole,
lacks serious literary, artistic, political, or scientific value.
PLANNING DEPT.
WEBSITE
CHAPTER
THREE
Electric sign means any sign containing electric wiring.
FUTURE LAND
USE MAP - 2011
CHAPTER
TWO
Copy means the linguistic or graphic content of a sign.
CELL TOWER
ORDINANCE
CHAPTER
ONE
Building sign means a sign displayed upon or attached to any
part of the exterior of a building, including walls, windows, doors,
parapets, marquees & roof slopes of 45 degrees or steeper.
INDICES
8
Accessory sign means a permanent ground or building sign that
is permitted under this chapter as incidental to an existing or
proposed use of land.
TABLE OF
CONTENTS
9
Sign means any writing, pictorial presentation, number, illustration,
or decoration, flag, banner or pennant, or other device which is used
to announce, direct attention to, identify, advertise or otherwise make
anything known. The term “sign” shall not be deemed to include the
terms “building” or “landscaping,” or any architectural embellishment
of a building not intended to communicate information.
FRONT
PAGE
10
CHAPTER
NINE
Sedimentation facility means any structure or area which is
designed to hold runoff water until suspended sediments have
settled.
Illuminated sign means a sign which contains a source of light
or which is designed or arranged to reflect light from an artificial
source including indirect lighting, neon, incandescent lights,
backlighting, & shall also include signs with reflectors that
depend upon automobile headlights for an image.
Marquee means a structure projecting from & supported by a
building which extends beyond the building line or property line
& fully or partially covers a sidewalk, public entrance or other
pedestrian way.
Outdoor advertising sign means a permanent ground sign
supported by a single metallic pole attached to which is a sign
face the bottom of which is at least 20 feet above the ground &
which is at least 200 square feet in size.
Portable sign means any sign which is manifestly designed to
be transported by trailer or on its own wheels, including such
signs even though the wheels may be removed & the remaining
chassis or support structure converted to an A- or T-frame sign
14
GENERAL
PROVISIONS
NEXT >
10
9
Sign face means the part of a sign that is or may be used for copy.
Sign face area means the area of any regular geometric shape
which contains the entire surface area of a sign upon which
copy may be placed.
Sign structure means any construction used or designed to
support a sign.
Small announcement sign means a sign or nameplate not more
than one (1) square foot in area.
7
Site means any tract, lot or parcel of land or combination of tracts,
lots, or parcels of land which are in one (1) ownership, or are
contiguous & in diverse ownership where development is to be
performed as part of a unit, subdivision, or project.
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
Start of construction, for other than new construction or
substantial improvements under the Coastal Barrier Resources
Act (P.L. 97-348), includes substantial improvement, & means
the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was
within 180 days of the permit date. The actual start means the
first placement of permanent construction of a building, including
a manufactured home, on a site, such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work
beyond the stage of excavation or the placement of a manufactured
home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading & filling; nor does it
include the installation of streets &/or walkways; nor does it include
excavation for a basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part
of the building, whether or not that alteration affects the external
dimensions of the building.
FUTURE LAND
USE MAP - 2011
6
CHAPTER
THREE
Square means an outdoor public open space whose area is defined
by streets or adjacent buildings on at least 3 sides.
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
8
INDICES
CHAPTER
EIGHT
Vehicle sign means any sign affixed to a vehicle.
Significant adverse effect means any modification, alteration,
or effect upon a protected environmentally sensitive area which
measurably reduces the area’s beneficial functions as delineated
in the conservation element of the City’s Comprehensive Plan.
TABLE OF
CONTENTS
CHAPTER
NINE
Roof sign means a sign placed above the roofline of a building
or on or against a roof slope of less than forty-five (45) degrees.
FRONT
PAGE
CHAPTER
TEN
& attached temporarily or permanently to the ground.
Street means a public thoroughfare, including road, highway, drive,
lane, avenue, place, boulevard, & any other thoroughfare that affords
the principal means of access to abutting property.
- Alley means any street or lane not more than 30 feet in width,
whether or not designated as any alley on the official plat of
the City.
- Arterial means a street designed to carry large volumes of
traffic & providing efficient vehicular movement between large
areas of the City or Bay County.
- Collector means a street carrying traffic from local streets to
the major system of arterial streets & highways & including the
principal access streets to residential developments.
- Cul-de-sac means a local dead-end street having a permanent
circular turnaround & only 1 open end providing access to
another street.
- Marginal access street means a local street having 2 ends,
15
GENERAL
PROVISIONS
NEXT >
CHAPTER
NINE
CHAPTER
SEVEN
7
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
TWO
2
CHAPTER
ONE
3
1
< PREVIOUS
Subdivider means & includes the term “developer,” his duly
authorized agent or representative, & shall include the word
“person”; such person being engaged in the subdivision or
development of land.
Subdivision means the division or re-division of a parcel of land
into three (3) or more lots or parcels for the purpose of building
development, or, if a new street is involved, any division of a parcel
of land. The term “subdivision” includes a re-subdivision, & when
appropriate to the context, shall relate to the process of subdividing
or to the land subdivided. The term “subdivision” shall also include
the replatting of all or any part of an existing plat.
PLANNING DEPT.
WEBSITE
4
Structure means anything constructed, installed, or portable, the
use of which requires a location on a parcel of land. For the purpose
of floodplain management, Structure means a walled & roofed
building, including a gas or liquid storage tank that is principally
above ground, as well as a manufactured home.
FUTURE LAND
USE MAP - 2011
6
Structural alteration means any change in the foundations, walls,
interior or exterior columns, beams, girders or other supporting
members of a structure, roof or structural covering of the approved
type.
CELL TOWER
ORDINANCE
CHAPTER
SIX
- Street line means the dividing line between a street & the lots
abutting on it.
- Street vista means a view thru or along a street centerline
created by a natural view, the placement of a public monument,
use of a building façade or landscaping.
5
CHAPTER
THREE
- Roundabout means a raised island that is usually landscaped
& located at the intersection of 2 streets used to reduce traffic
speeds & accidents without diverting traffic onto adjacent
residential streets.
INDICES
8
- Private street means a street that has not been dedicated to
public use but is platted & constructed in accordance with City
standards.
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
- Minor street means a local street, the primary function of
which is to provide access & service to abutting properties. This
includes access & service to residential, business, industrial, &
public uses.
FRONT
PAGE
CHAPTER
TEN
both of which connect with the same street, but having other
streets intersecting between its ends.
Substantial damage means damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before
damaged condition would equal or exceed 50% of the market value
of the structure before the damage occurred. This term also includes
“repetitive loss structures” as defined herein.
Substantial improvement means any reconstruction, rehabilitation,
addition, or other improvement of a structure, the cumulative
cost of which equals or exceeds 50% of the market value of the
structure before the “start of construction” of the improvement. This
term includes structures that have incurred “substantial damage”
regardless of the actual repair work performed. This term does
not, however, include any repair or improvement of a structure to
correct existing violations of State of Florida or local health, sanitary,
or safety code specifications, which have been identified by the
local code enforcement official, prior to the application for permit
for improvement, & which are the minimum necessary to assure
safe living conditions. This term does not include any alteration of
a historic structure, provided that the alteration will not preclude the
structure’s continued designation as a historic structure.
Substantially improved existing manufactured home parks
or subdivisions is where the repair, reconstruction, rehabilitation
or improvement of the streets, utilities & pads equals or exceeds
16
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
Variance means cause to change, diversify, or modify an existing
designation. For the purpose of floodplain management, a Variance
is a grant of relief from the requirements of the City’s floodplain
management regulations.
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FOUR
3
Water & community water means any & all water on or beneath
the surface of the ground or in the atmosphere. It includes the
water in any watercourse, waterbody, or drainage system. It also
includes diffused surface water & water percolating, standing or
flowing beneath the surface of the ground, as well as coastal water.
Water body means any natural or artificial pond, lake, reservoir,
or other area with a discernible shoreline which ordinarily or
intermittently contains water.
Waterbody or surface waterbody means any natural or artificial
pond, lake, reservoir, or other area which ordinarily or intermittently
contains water & which has a discernible shoreline.
Water’s edge & wetland’s edge means the edge which shall be
determined by whichever of the following indices yields the most
landward extent of waters or wetlands:
PLANNING DEPT.
WEBSITE
4
CHAPTER
THREE
5
Water or waters means & includes, but is not limited to, water on or
beneath the surface of the ground or in the atmosphere, including
natural or artificial watercourses, streams, rivers, lakes, ponds, or
diffused surface water & water percolating, standing, or flowing
beneath the surface of the ground.
FUTURE LAND
USE MAP - 2011
6
Volume means occupied space, measured in cubic units.
CELL TOWER
ORDINANCE
7
CHAPTER
FIVE
Vegetation means all plant growth, especially trees, shrubs, vines,
ferns, mosses, & grasses.
INDICES
8
Trade service establishment means an establishment for sales,
service or repair of articles, goods, & materials; these establishments
include, but are not limited to, household appliances, auto & tire
supply, electrical store, plumber, radio & electronics, landscaping,
sign painter, & tool sharpener.
Unit means that part of a multiple occupancy complex housing 1
occupant.
Used means & shall include “arranged,” “designed or intended to
be used,” & “designed or intended to be occupied.”
TABLE OF
CONTENTS
9
Temporary means designed, constructed, & intended to be used
for a limited duration.
FRONT
PAGE
10
CHAPTER
EIGHT
50% of the value of the streets, utilities & pads before the repair,
reconstruction or improvement commenced.
Swale means a natural or man-made drainage pathway.
1. The boundary established by the average annual high water
mark;
2. The landward boundary of hydric soils; or
CHAPTER
TWO
2
CHAPTER
ONE
3. The landward boundary of wetland vegetation, based on the
wetland vegetation index.
1
< PREVIOUS
Watercourse means any natural or artificial channel, ditch, canal,
stream, river, creek, waterway or wetland thru which water flows
in a definite direction, either continuously or intermittently, & which
has a definite channel, bed, banks, or other discernible boundary.
Watercourse includes specifically designated areas in which
substantial flood damage may occur.
Water surface elevation means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929 or the North
American Vertical Datum (NAVD) of 1988, of floods of various
magnitudes & frequencies in the floodplains of coastal or riverine
areas.
Waters of the State means water including, but not limited to, rivers,
lakes, streams, springs, impoundments, wetlands, & all other waters
or bodies of water, including fresh, brackish, saline, tidal, surface,
or underground waters.
17
GENERAL
PROVISIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
3. Areas identified by the state natural areas inventory.
8
Yard means an open space that is unoccupied & unobstructed &
that lies between a principal or accessory building or buildings &
the nearest lot line. (See Figure 1.1)
INDICES
Figure 1.1. Yards
REAR LOT LINE
7
CELL TOWER
ORDINANCE
REAR YARD
6
5
SIDE
YARD
SIDE
YARD
SIDE
LOT
LINE
BUILDING
LINE
FRONT YARD
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
- Front yard means an open, unoccupied space on a lot facing
a street, extending across the front of the lot between the side
lot lines & from the outermost surface of the main building to the
front lot line, with the minimum distance between the front lot
line & the main building line, as specified for the district in which
the lot is located.
PLANNING DEPT.
WEBSITE
FRONT LOT LINE
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
BUILDING LINE
CHAPTER
FIVE
CHAPTER
SEVEN
2. Areas within the jurisdiction of the U.S. Army Corps of
Engineers, as authorized by USC Section 404, Clean Water
Act or USC Section 10, River & Harbor Act.
TABLE OF
CONTENTS
9
1. Areas within the dredge & fill jurisdiction of the Florida
Department of Environmental Protection (FDEP) as authorized
by Chapter 403, Florida Statutes (F.S.).
FRONT
PAGE
10
Wetlands means those areas saturated by surface water or
groundwater at a frequency & duration sufficient to support, & that
under normal circumstances do support, a dominance of vegetation
adapted for life in saturated soil conditions. Wetlands covered under
this chapter shall include the following:
- Rear yard means a yard extending across the full width of a
lot & lying between the rear property line of the lot & the nearest
wall of the main building.
- Side yard means an open space between the side of a building
& the adjacent lot line extending the full length of the building
from front to back.
GENERAL
PROVISIONS
NEXT >
< PREVIOUS
18
CHAPTER 2. LAND USE DISTRICTS & PERMITTED USES
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
2.01.00. ESTABLISHMENT OF LAND USE DISTRICTS.
____________________________________________________________________________________________________
2.01.01. Low Density Residential (LDR). The LDR land use district
is designed to provide a location for single-family detached units.
The maximum density is less than five (5.0) units per acre. Uses
identified in Tables 2.03.02 & 2.03.03 are allowable, as well as
customary residential accessory development that is incidental to
the principal residential use of the lot.
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
2
CHAPTER
ONE
5
2.01.02. Medium Density Residential (MDR). The MDR land
use district is designed for single-family detached units & multiple
family developments. Uses identified in Tables 2.03.02 & 2.03.03
are allowable, as well as customary residential accessory uses
incidental to the residential uses on site. The minimum density is
4 dwelling units per acre, & the maximum density is 10 units per
acre. Allowable uses include single-family attached, single-family
detached, & multiple-family development in a variety of housing
types.
____________________________________________________________________________________________________
2.01.03. High Density Residential (HDR). Allowable uses include
multiple family developments in a variety of housing types, & mobile
home parks. The minimum density allowable is 8 units per acre &
the maximum density allowable is 20 units per acre.
____________________________________________________________________________________________________
2.01.04. Mixed Use (MU). The MU land use district is designed
for residential, commercial, & public/institutional development, as
well as a mixture of residential uses & non-residential uses. For
residential-only projects, the maximum residential density is 10 units
per acre. Allowable uses are specified in Section 2.03.02, Table
of Permissible Uses. Professional offices, services, & commercial
uses shall be subject to supplemental development & design
standards. Any project that combines uses with residential units may
be allowed residential densities up to 20 units per acre, subject to
supplemental development & design standards.
____________________________________________________________________________________________________
2.01.05. Commercial (C). The C land use district is designed
to provide for various types of retail, office, trade service
establishments, & professional service uses. Allowable uses are
specified in Section 2.03.02, Table of Permissible Uses.
____________________________________________________________________________________________________
1
PLANNING DEPT.
WEBSITE
6
CHAPTER
CHAPTER
TWO
TWO
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
2
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
2.00.02. Official Land Use Map. Land use districts for the City of
Lynn Haven are hereby established & declared to be in effect upon
all land & water areas included within the boundaries of each district
as shown on the “Future Land Use Map of Lynn Haven, Florida.”
This map is on file in City Hall.
INDICES
8
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
2.00.01. Purpose. It is the purpose of this section to describe the
uses of land that are allowable within the City of Lynn Haven. In order
to accomplish this purpose, all land within the City is divided into
districts by the Lynn Haven Comprehensive Plan (Plan) & depicted
on the Future Land Use Map (FLUM) contained within that Plan.
The allowable uses are described generally within the Future Land
Use Element of the Plan & more specifically in Section 2.03.00.
FRONT
PAGE
10
CHAPTER
SEVEN
2.00.00.
GENERALLY.
____________________________________________________________________________________________________
2.01.06. Industrial (IND). The IND land use district is designed
for light industrial, trade, & service activities, including industrial
support services, such as administration, business & professional
offices, & water-dependent & water-related commercial & industrial
uses. Allowable uses are specified in Section 2.03.02, Table of
Permissible Uses.
LAND USE
DISTRICTS &
PERMITTED
USES
____________________________________________________________________________________________________
< PREVIOUS
2.01.07. Public/Institutional (P/I). The P/I land use district provides
land for civic, educational, governmental, cultural, & recreational
purposes. Public & private schools & religious facilities are
considered allowable uses within this district, as specified in Section
19
NEXT >
2.03.02, Table of Permissible Uses.
10
2.01.08. Neighborhood Commercial (C-1). The C-1 land use
district is intended to provide areas for multiple-family residential up
to 8.0 units per acre & low-intensity commercial uses that primarily
offer goods & services to nearby or surrounding residential areas. All
C-1 uses must be located on a collector or arterial roadway, unless
specifically included in an overall plan of development.
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
9
2.01.09. Recreation & Open Space (R/OS). The R/OS land use
district is intended to provide a location for land devoted to public or
private parks & recreation facilities. The types of parks & facilities
include passive parks & open spaces, activity-based parks &
recreation areas, & publicly-owned recreation facilities.
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
4
CHAPTER
THREE
2
CHAPTER
ONE
3
CHAPTER
CHAPTER
TWO
TWO
____________________________________________________________________________________________________
2.01.12. Research Park (RP). The RP land use district is designed
to promote water dependent development that is technology-based
thru the collaboration of universities, industry & government. The
research park shall be developed with water-dependent research &
light high-tech industry facilities & recreational & commercial working
waterfront uses. These facilities include docks, wharfs, lifts, wet &
dry marinas, boat ramps, boat hauling & repair facilities, commercial
fishing facilities, & other support structures over the water, except
boat construction facilities.
____________________________________________________________________________________________________
2.02.00. ESTABLISHMENT & PURPOSE OF OVERLAY ____________________________________________________________________________________________________
DISTRICTS.
2.02.01. Generally.
A. The purpose of overlay districts is to provide a means of modifying
the site design requirements applicable to the underlying land
use district(s).
B. The City of Lynn Haven hereby establishes the following overlay
districts:
1. Community Redevelopment Area (CRA)
2. Planned Unit Development (PUD) district
3. 1911 Historic Plat Overlay (1911 Plat)
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
2.01.11. Traditional Neighborhood Development District
(TND). The TND land use district is designed to promote orderly,
compact growth thru a mixture of residential, commercial, public &
institutional uses, as further provided in Section 4.05.00, Traditional
Neighborhood Development Districts. Densities & allowable uses
are contained in Table 4.05.03(B).
FUTURE LAND
USE MAP - 2011
6
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
2.01.10. Conservation (CON). The CON land use district is
designed to protect environmentally sensitive areas, as identified
in the Conservation Element of the Comprehensive Plan. The
environmentally sensitive areas include wetlands, floodways &
floodplains, unique habitats, lakes, & waterbodies. Allowable uses
are limited to passive (resource-based) recreation, boardwalks,
walking trails & similar uses as further provided in Table 2.03.02,
Table of Permissible Uses.
INDICES
8
CHAPTER
FOUR
____________________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
____________________________________________________________________________________________________
2.02.02. Community Redevelopment Area Overlay (CRA).
1
A. The CRA overlay district is established to preserve & promote
the historic downtown area of Lynn Haven, as well as adjacent
residential lands.
B. The boundaries of the CRA overlay district are described in the
Community Redevelopment Area Plan for the City of Lynn Haven
(CRA
Plan) & shown on the Future Land Use Map.
____________________________________________________________________________________________________
2.02.03. Planned Unit Development Overlay (PUD).
< PREVIOUS
A. The PUD overlay district is established for innovative development
projects that include compatible uses & related public facilities.
These developments shall be unified by a master development
plan, as further described in Section 4.04.00.
B. The PUD overlay district may be used to within the following
20
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
CHAPTER
TEN
FRONT
PAGE
10
land use districts:
1. Low density residential;
2. Medium density residential;
3. High density residential;
4. Mixed use;
5. Commercial; &
____________________________________________________________________________________________________
6. Industrial
CHAPTER
EIGHT
2.02.05. Corridor Overlay (CO).
8
B. The CO district consists of parcels with frontage on Highway
77 south of 17th Street to the southern city limit boundary.
C. Commercial parcels within this overlay shall comply with
the standards & criteria of the land use district in which it is
proposed, Section 4.02.05, the additional standards set forth
in 4.07.00, & all other applicable standards.
____________________________________________________________________________________________________
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
CHAPTER
TWO
TWO
2
1
2.03.01. How to Read the Table of Land Uses.
A. Within the following table the letter “P” indicates that the land
use is permissible, subject to compliance with the standards of the
land use district.
B. The letter “S” indicates that the use is permissible, subject
to compliance with the standards of the land use district, & the
supplemental standards specified for the use. Supplemental
standards are contained in Section 5.05.00.
C. The letter “R” indicates that the use is permissible, subject to
approval by the Community Redevelopment Agency within the CRA
District for the use. Design Requirements for redevelopment within
the CRA Overlay District are contained in Section 4.02.03.
D. An empty cell indicates the use is prohibited.
E. Any use that is not identified in Table 2.03.02 is prohibited, unless
it is found to be substantially similar by the City Manager.
1. A requested use shall be considered substantially similar
when the characteristics of the requested use are equivalent
in type, intensity, degree, or impact when compared to a use
named in Table 2.03.02. Characteristics to be considered include
characteristics such as, but not limited to, the following:
a. Typical hours of operation;
b. Use of outdoor storage;
c. Trip generation rates;
d. Generation of noise, light pollution, odor, smoke, electromagnetic interference, or vibration; &
e. Customary activities associated with the use.
2. The administrative interpretation shall be subject to appeal, as
set forth in Chapter 9.
<See Attached Charts - Following this page>
____________________________________________________________________________________________________
< PREVIOUS
2.03.03. Accessory Uses in Each Land Use District.
A. The letter “P” indicates the use is permissible as an accessory
use subject to compliance with the standards for accessory uses
set forth in Section 5.01.00.
B. Some uses are permitted by right as indicated in Table 2.03.02.
Where a specified use in a specified land use district has an empty
cell in both Table 2.03.02 & Table 2.03.03, the use is prohibited.
21
PLANNING DEPT.
WEBSITE
5
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
2.03.00. LAND USES PERMITTED IN EACH LAND USE DISTRICT.
CELL TOWER
ORDINANCE
7
A. The CO district standards are designed to improve views
from Highway 77 & improve the function of the transportation
corridor.
INDICES
CHAPTER
SEVEN
9
A. This overlay is the geographic area created by the original,
1911 plat of the City of Lynn Haven.
B. Residential lots within this overlay shall be developed in
accordance with the standards provided in Section 4.02.01.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
2.02.04. 1911 Historic Plat Overlay (1911 Plat).
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
CHAPTER
TEN
Table 2.03.02. Table of Permitted Land Uses.
<See Attached Chart - Following this page>
FRONT
PAGE
10
C. Accessory uses also include any structure or use normally &
customarily incidental to the permitted use.
D. Accessory uses shall be included in the total impervious surface
calculations
for the lot or parcel.
____________________________________________________________________________________________________
< PREVIOUS
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Accessory dwelling, such as care-
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Accessory dwelling unit
CHAPTER
ONE
1
P = Permissible accessory
structure
CHAPTER
CHAPTER
TWO
TWO
2
Land Use Districts
CHAPTER
FOUR
CHAPTER
THREE
3
LDR
PLANNING DEPT.
WEBSITE
4
P
HDR
MDR
P
5
P
MU
P
P
C
taker quarters or park ranger housing
Bus or transit stop
Children’s playhouse
Detached garage
Docks, boathouses, boat lifts, boat
davits, piers, seawalls or boardwalks
Dumpsters, screened
Fences, hedges, and walls
Home occupation
Recreation facilities, such as parks,
tennis courts, and golf courses
Storage buildings, utility buildings,
greenhouses, tool sheds
Swimming pools
6
P
IND
P
P
P/I
P
P
7
Table 2.03.03. Accessory Structures & Uses.
CHAPTER
SEVEN
C-1
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
RP
CELL TOWER
ORDINANCE
CHAPTER
FIVE
R/OS
8
INDICES
CHAPTER
EIGHT
CON
P
TND
P
9
P
Table 2.03.03. Accessory Structures & Uses.
TABLE OF
CONTENTS
CHAPTER
NINE
____________________________________________________________________________________________________
____________________________________________________________________________________________________
2.04.00. SEXUALLY ORIENTED & BODY ALTERING
BUSINESSES.
____________________________________________________________________________________________________
2.04.01. Definitions.
For the purposes of this Section 2.04.00, the following definitions
shall apply:
“Adult bookstore,” “adult video store,” or “adult novelty store”
means an establishment which sells, leases or rents adult material
for any form of consideration, unless the adult material is accessible
Paragraph continues on Page 25>>
22
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
PUD
1911
PLAT
CRA
CO
Hwy. 77
TND
CON
R/OS
RP
C-1
P/I
S
IND
HDR
S
C
MDR
S
MU
LDR
Uses
RESIDENTIAL USES
P
P
P
P
P
P
P
S
S
P
P
P
P
P
PUBLIC/INSTITUTIONAL
Boarding homes
P
P
P
P
Boat ramp or dock
P
P
P
P
Colleges
P
P
P
Daycare, preschools, nursery schools
S
S
S
P
P
P
Essential utilities
P
P
P
P
P
P
P
Fraternal organizations or private clubs
Government services, including public works yards, utility facilities, emergency services
High school, public
P
S
S
S
Hospitals
P
P
P
P
P
P
S
S
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
P
P
P
P
P
P
P
P
P
P
S
P
P
P
P
P
P
P
Middle schools, public
Parks, public
P
P
Libraries, public
Nursing & convalescent care facilities
P
P
P
P
P
P
P
P
P
Primary schools, public
S
S
S
P
P
S
P
Private schools
S
S
S
P
P
S
P
Religious facilities
S
S
S
S
P
P
P
S
Financial Institutions
P
P
P
Medical & Dental offices, outpatient clinics
P
P
P
Professional services
P
P
P
P
Vocational schools, trade, secretarial, or professional; music,
dancing & dramatic arts
P
P
S
P
OFFICE
P
P
P
P
P
P
COMMERCIAL
Auto repair
Alcoholic beverage establishments
P
R*
S
Auditoriums, stadiums, sports areas
P
P
Auto washing
P
P
P
Automotive parts & mechanical garages
S
P
P
P
S
S
Commercial entertainment establishments, including theaters,
ballrooms, bowling alleys & other games & sports
P
P
P
P
Commercial printing (offset press newspaper, book binding)
P
P
P
P
P
P
Drive thru facilities
Dog kennels without outdoor runs
S
P
P
Funeral parlors or mortuaries
P
P
P
Gasoline service stations
S
S
S
Hotels or motels, resort residential
P
P
Landscape nurseries
P
P
Large scale discount stores
P
Marina
S
S
P
P
P
< PREVIOUS
R*
P
P
P
P
S
S
S
Manufactured/Mobile home sales
Mini-storage facilities
R*
PR*
S
PCode
Unified Land Development
23
P
NEXT >
As provided by approved development plan, based on the underlying district.
Multiple Family Units including duplex
Single family residential, detached
S
S
As permitted by the underlying land use district.
Mobile Home Parks
As permitted by the underlying land use district - Except where denoted.
Group Home
1911
PLAT
PUD
As provided by approved development plan, based on the underlying district.
CRA
PR*
P
PR*
P
P
Recreation, indoor commercial
Recreation, outdoor commercial
P
P
P
P
P
P
P
P
P
P
P
P
Restaurants
P
P
P
P
P
Retail commercial
P
P
Shopping centers
P
Trade service establishments
P
Veterinary hospitals & clinics
P
P
P
P
P
P
P
P
P
INDUSTRIAL
Auto graveyards, junk yards, scrap metal processing plants
S
Boat hauling & repair
P
P
Commercial fishing facility
P
P
High-tech industry (water dependent research)
P
P
Industrial plants & assembly
P
Industrial, water related
P
Lumberyards
P
Outdoor storage
S
S
Research facility
P
P
P
R*
As permitted by the underlying land use district - Except where denoted.
Parking Lot
Personal service establishments
As permitted by the underlying land use district.
Manufactured/Mobile Home Sales
CO
Hwy. 77
TND
S
CON
S
R/OS
Motorized vehicle sales
RP
P
C-1
S
P/I
IND
Mini-storage facilities
MU
C
HDR
MDR
LDR
Uses
NOTE: R* means that the commercial use is allowed only with the approval of the Community Redevelopment Agency within the CRA Overlay District (See Sec. 4.02.03).
PR* means prohibited.
LAND USE
DISTRICTS &
PERMITTED
USES
< PREVIOUS
24
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
CHAPTER
TWO
TWO
2
CHAPTER
ONE
1
< PREVIOUS
25
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
only by employees & the gross income from the sale or rental of
adult material comprises less than twenty (20%) percent of the gross
sales of the store or less than ten percent (10%) of the individual
items publicly displayed at the establishment as stock in trade.
“Adult club” means any place of business or commercial
establishment that permits, suffers or allows individuals for
consideration in their service to customers or in a performance for
customers on more than 3 days in a 60 day period to display or
expose “specified anatomical areas” or permits, suffers or allows
individuals for consideration to wear any covering, tape, pastries or
other device that simulates or otherwise gives the appearance of
the display or exposure of any “specified anatomical areas.”
“Adult materials” means any one or more of the following:
(a) Books, magazines, periodicals, or other printed matter or
photographs, films, motion pictures, video cassettes, slides
or other visual representations or recordings, novelties &
devices, which have, as their primary, or dominant theme,
matter depicting, illustrating, describing or relating to “specified
sexual activities” or less than completely & opaquely covered
“specified anatomical areas” or
(b) Instruments, devices, or paraphernalia which are designed
for use in connection with “specified sexual activities.”
“Adult motion picture theater” means a commercial establishment
or place of business operating, in whole or in part, within an enclosed
building or a portion or part of an enclosed building or an open-air
theater designed to permit viewing by patrons seated in automobiles
or other seating provisions for any form of consideration, film, video
or any other visual material or method which has, as its primary
or dominant theme, matters depicting, illustrating or relating to
“specified sexual activities” or “specified anatomical areas” for
observation by patrons thereof & includes any hotel or motel,
boarding house, rooming house or other lodging which for any form
of consideration advertises the presentation of such film material.
For the purposes of this Section, an adult motion picture theater
includes an adult arcade, an adult motel, & an adult motion picture
booth.
“Adult motion picture mini-theater” means a commercial
establishment or place of business operating, in whole or in part,
within an enclosed building or a portion or part of an enclosed
building designed to permit viewing by patrons for any form of
consideration, film, video or other visual material or method which
has as its primary or dominant theme matters depicting illustrating
or relating to “specified sexual activities” or “specified anatomical
areas” for observation by patrons thereof including an adult arcade
or adult motion picture booth, & so constructed that any patron
viewing such material or method is not at all times fully visible from
the neck to the kneecap by other patrons & the management.
“Body altering business” shall mean such uses as shall be
included in Section 2.04.03.
“Body piercing establishment” means a commercial establishment
or place of business at which the body or skin of a human being
is pierced, or which holds itself out to the public as a place where
such body piercing can be purchased or arranged. The use of a
mechanized, pre-sterilized, ear-piercing system that penetrates
the outer perimeter or lobe of the ear or both is exempt from this
definition.
“Public park” shall mean & include those recreational facilities
owned by the State of Florida, the City of Lynn Haven, or any park
or recreational facility so designated by the City of Lynn Haven.
“School” means a public, private or parochial elementary, middle,
or high school.
“Sexually oriented business” shall mean such uses as shall be
included in Section 2.04.02.
“Specified sexual activities” shall mean:
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
CHAPTER
TWO
TWO
CHAPTER
SEVEN
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
2.04.04. Distance Limitation - Sexually Oriented Businesses.
No sexually oriented business shall be located nearer than two
thousand five hundred (2,500) feet of a school; one thousand five
hundred (1,500) feet to any other sexually oriented business; or one
thousand (1,000) feet to any (i) public park, (ii) daycare, or (iii) the
nearest right-of-way line of the corridor or boundary of the CRA.
Such distance shall be measured by radial spacing as follows:
(i) in the case of another sexually oriented or adult business, by
measuring from the nearest corner of the sexually oriented
or adult business building or on-premises freestanding sign
associated with such business building to the nearest corner
of the other sexually oriented or adult business building or
on-premises freestanding sign associated with such business
building;
lii) in the case of a school, daycare, or public park by measuring
from the nearest corner of the sexually oriented business building
or on-premises freestanding sign associated with such business
building to the nearest boundary of the school, daycare, or public
park parcel;
(iii) in the case of the Corridor or CRA, by measuring from the
nearest corner of the sexually oriented business building or
on premises freestanding sign associated with such business
building to the nearest right-of-way line of the Corridor or
boundary line of the CRA.
In all such measurements, building projections, eaves or overhangs
shall be excluded. In the case of a sexually oriented business
operated outside a building, measurement shall be from the closest
place
of such operation.
____________________________________________________________________________________________________
2.04.05. Distance Limitation - Body Altering Businesses. No
body altering business shall be located nearer than two thousand
five hundred (2.500) feet of a school; one thousand five hundred
(1,500) feet to any other body altering business; or one thousand
(1.000) feet to any (i) public park, (ii) daycare, or (iii) the nearest
26
PLANNING DEPT.
WEBSITE
5
2.04.03. Body Altering Businesses. The following uses are
declared to be body altering businesses:
(1) Body Piercing Establishment.
____________________________________________________________________________________________________
(2) Tattoo Establishment
FUTURE LAND
USE MAP - 2011
6
2.04.02. Sexually Oriented Businesses. The following uses are
declared to be sexually oriented or adult businesses:
(1) Adult Book. Video or Novelty Store.
(2) Adult Motion Picture Theater.
____________________________________________________________________________________________________
(3) Adult Club.
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic
region, buttock or female breast;
(d) Sadism or masochism including bondage.
“Specified anatomical areas” shall mean:
(a) Less than completely & opaquely covered:
(1) Human genitals, pubic region;
(2) Buttock; &
(3) Female breast below a point immediately above the top of the areola; &
(b) Human male genitals in a discernibly turgid state, even if
completely & opaquely covered.
“Tattoo establishment” means a commercial establishment or
place of business at which the skin of a human being is marked
by piercing in or otherwise applying coloring matter so as to form
indelible or lasting marks or figures, or which holds itself out to
the public as a place where such tattooing can be purchased or
arranged.
“Corridor” means that Highway 77 Corridor Overlay District as
that
term as defined in the ULDC.
____________________________________________________________________________________________________
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
CHAPTER
TWO
TWO
2
CHAPTER
ONE
1
< PREVIOUS
2.04.07. Sign & Appearance Requirements — Body Altering
Businesses. All new body altering businesses shall comply with
the following sign & appearance requirements:
(1) All Signs shall be flat building Signs; no other signs are
permitted.
(2) The amount of allowable Sign Face Area shall be one square
foot of Sign Face Area per linear foot of Frontage of said
Premises to a maximum of twenty-five (25) square feet.
(3) No (i) merchandise or (ii) pictures or advertisements of the
sexually oriented or adult products, services or entertainment
on the premises shall be displayed in building glass areas,
windows, or any area where they can be viewed from a Street.
(4) Building Signs attached to a window are prohibited. A single,
one square foot Sign may be placed on the door to state hours
of operation & admittance to adults only. A single, three square
foot Sign containing, only the word OPEN may be placed in
a window.
(5) All freestanding, on-premises, & outdoor signs are prohibited.
All capitalized terms used in this Section shall have the
meanings ascribed in the ULDC, as amended from time to
time, which ordinance shall apply to the extent not inconsistent
with this section.
27
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
2.04.06. Sign & Appearance Requirements - Sexually Oriented
Businesses. All new sexually oriented businesses shall comply
with the following sign & appearance requirements:
(1) All Signs shall be flat Building Signs; no other signs are
permitted.
(2) The amount of allowable Sign Face Area shall be one square
foot of Sign Face Area per linear foot of Frontage of said Premises,
to a maximum of twenty five (25) square feet.
(3) No (i) merchandise or (ii) pictures or advertisements of the
sexually oriented or adult products, services or entertainment on
the premises shall be displayed in building glass areas, windows,
or any area where they can be viewed from a street.
(4) Building Signs attached to a window are prohibited. A single,
one square foot Sign may be placed on the door to state hours of
operation & admittance to adults only. A single, three square foot
Sign containing only the word OPEN may be placed in a window.
(5) All freestanding on-premises, & outdoor signs are prohibited.
All capitalized terms used in this Section shall have the meanings
ascribed in the ULDC, as amended from time to time, which
ordinance shall apply to the extent not inconsistent with this section.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
right-of-way line of the corridor or boundary of the CRA.
Such distance shall be measured by radial spacing as follows:
(i) in the case of another body altering business by measuring
from the nearest corner of the body altering business building,
or on-premises freestanding sign associated with such business
building, to the nearest corner of the other body altering business
building or on-premises, freestanding sign associated with such
business building;
(ii) in the case of a school, daycare, or public park, by measuring
from the nearest corner of the body altering business building,
or on-premises, freestanding sign associated with such business
building to the nearest boundary of the school, daycare, or public
park parcel;
(iii) in the case of the Corridor or CRA, by measuring from the
nearest comer of the body altering business building, or onpremises, freestanding sign associated with such business
building to the nearest right-of-way line of the Corridor or
boundary line of the CRA.
In all such measurements, building projections, eaves or overhangs
shall be excluded. In the case of a sexually oriented business
operated outside a building measurement shall be from the closest
place
of such operation.
____________________________________________________________________________________________________
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
TWO
TWO
CHAPTER
FIVE
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
2.04.10. Ordinance Not Retroactive; Discontinuance of
Nonconforming Use. Except as provided hereafter, the provisions
of this chapter shall not be construed to be retroactive & any existing,
sexually oriented or body altering business, which conformed to the
regulations in effect when such sexually oriented or body altering
business was established, shall not be rendered illegal by the
adoption of this Section or amendments to this Section provided
however, that any sexually oriented or body altering business,
whether pre-existing or hereafter established, that is:
(1) Voluntarily or involuntarily discontinued, vacated, closed or
abandoned for a period of ninety (90) days in any one hundred
twenty (120) day period, or
(2) Has a voluntary or involuntary change of beneficial
ownership in any degree (including transfer of stock in a
corporation owning such business) after the effective date
of this Section or any provision of this Section, as amended,
which would make such business illegal but for this Section, or
(3) Is increased, enlarged or extended in any way after the
effective date of this Section or any provision of this Section,
as amended, which would make such business illegal but for
this Section, except to effect a change to a conforming use,
shall immediately & fully comply with this Section, even if such
business must cease operation, in order to comply. If two or
more sexually oriented or body altering businesses are within
one thousand five hundred (1,500) feet radial spacing of one
another & otherwise in a permissible location, the sexually
oriented or body altering business which was first established
& continually operating at a particular location is the conforming
use & the later established sexually oriented or body altering
business(es) is/are nonconforming.
____________________________________________________________________________________________________
INDICES
8
2.04.09. Application to New Schools, Daycare Centers, &
Public Parks. Where a sexually oriented or body altering business
is located in conformity with the provisions of this chapter, the
subsequent locating of a school, daycare center, or public park
within the prohibited distances, prescribed in this chapter, shall
not be construed to cause such designated use to be in violation
of
this chapter.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
2.04.08. Adult Motion Picture Mini-Theaters Prohibited. Adult
motion picture mini-theaters are prohibited. It shall be unlawful for
any person to operate or cause or permit to be operated an adult
motion
picture mini-theater.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
FOUR
____________________________________________________________________________________________________
2.04.11. Chapter not independently authorizing use. Nothing
in this chapter shall be construed to permit the establishment or
maintenance of any sexually oriented or body altering businesses
not otherwise permitted by the other Sections of this ULDC or any
other applicable law.
LAND USE
DISTRICTS &
PERMITTED
USES
NEXT >
< PREVIOUS
28
3
CHAPTER 3. ENVIRONMENTAL & RESOURCE PROTECTION.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
____________________________________________________________________________________________________
3.00.02. Applicability. All new development & redevelopment shall
be designed to ensure protection of areas designated as floodplains,
environmentally sensitive lands, wetlands, or wellfields. No permit
for development shall be issued by the City that is not consistent
with
the provisions of this chapter.
____________________________________________________________________________________________________
3.01.00. FLOOD DAMAGE PREVENTION.
____________________________________________________________________________________________________
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
THREE
THREE
CHAPTER
TWO
3
2
____________________________________________________________________________________________________
3.01.02. Statement of Purpose. It is the purpose of this section to
save lives, promote the public health, safety, & general welfare & to
minimize public & private losses, due to flood conditions in specific
areas by provisions designed to:
A. Restrict or prohibit uses which are dangerous to life, health,
safety, & property due to water or erosion hazard, or which result
in damaging increases in erosion or in flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage throughout
their intended life span;
PLANNING DEPT.
WEBSITE
4
B. These flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights
& velocities, & by the occupancy in flood hazard areas by uses
vulnerable to floods or hazardous to other lands which are
inadequately elevated, flood proofed, or otherwise unprotected
from flood damages.
FUTURE LAND
USE MAP - 2011
5
A. The flood hazard areas of the City are subject to periodic
inundation which results in loss of life & property, health & safety
hazards, disruption of commerce & governmental services,
extraordinary public expenditures for flood protection & relief, &
impairment of the tax base, all of which adversely affect the public
health, safety, & general welfare.
CELL TOWER
ORDINANCE
6
CHAPTER
FOUR
3.01.01. Findings of Fact.
7
CHAPTER
ONE
INDICES
8
3.00.01. Purpose & Intent. The purpose of this chapter is to
safeguard the public health, safety, & welfare by ensuring the longterm protection & preservation of environmentally sensitive natural
resource systems. Application of the provisions of this chapter shall
result in development that will reduce the adverse impacts on the
hydrologic functions of wetlands, natural systems, habitats, water
quality, shorelines, marine life, & coastal resources.
TABLE OF
CONTENTS
9
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
EIGHT
3.00.00. GENERALLY.
C. Control the alteration of natural floodplains, stream channels, &
natural protective barriers which are involved in the accommodation
of floodwaters;
D. Control filling, grading, dredging, & other development which
may increase erosion or flood damage; &
E. Prevent or regulate the construction of flood barriers which will
unnaturally divert floodwaters or which may increase flood hazards
to other lands.
____________________________________________________________________________________________________
1
3.01.03. Objectives. The objectives of this section are to:
A. Protect human life & health & to eliminate or minimize property
damage;
B. Minimize expenditure of public money for costly flood control
projects;
< PREVIOUS
C. Minimize the need for rescue & relief efforts associated with
flooding & generally undertaken at the expense of the general
public;
D. Minimize prolonged business interruptions;
29
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
10
G. Ensure that potential home buyers are notified that property is
in a flood hazard area.
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
A. New construction & substantial improvements shall be designed
or modified & adequately anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic
& hydrostatic loads, including the effects of buoyancy.
B. Manufactured homes shall be anchored to prevent flotation,
collapse, or lateral movement; methods of anchoring may include,
but are not limited to, use of over-the-top or frame ties to ground
anchors. This standard shall be in addition to & consistent with
applicable State requirements for resisting wind forces.
C. New construction & substantial improvements shall be
constructed with materials & utility equipment resistant to flood
damage.
D. New construction or substantial improvements shall be
constructed by methods & practices that minimize flood damage.
CHAPTER
TWO
2
CHAPTER
ONE
3
1
< PREVIOUS
E. Electrical, heating, ventilation, plumbing, air conditioning
equipment, & other service facilities, including duct work, shall
be designed &/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
F. New & replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
PLANNING DEPT.
WEBSITE
5
3.01.06. General Standards. In all areas of special flood hazard,
all development sites including new construction & substantial
improvements shall be reasonably safe from flooding & meet the
following provisions:
FUTURE LAND
USE MAP - 2011
6
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
3.01.05. Basis for Establishing the Areas of Special Flood
Hazard. The areas of special flood hazard identified by the FEMA
in its FIS for the City, dated June 2, 2009, with accompanying maps
& other supporting data, & any revision thereto, are adopted by
reference & declared to be a part of this ULDC.
____________________________________________________________________________________________________
INDICES
8
3.01.04. Applicability. This section shall apply to all areas of special
flood hazard within the jurisdiction of the City.
TABLE OF
CONTENTS
____________________________________________________________________________________________________
9
CHAPTER
CHAPTER
THREE
THREE
F. Help maintain a stable tax base by providing for the sound use &
development of flood prone areas in such a manner as to minimize
flood blight areas; &
FRONT
PAGE
CHAPTER
TEN
E. Minimize damage to public facilities & utilities such as water &
gas mains, electric, telephone & sewer lines, roadways, bridges
& culverts located in floodplains;
G. New & replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into
the systems & discharges from the systems into floodwaters.
H. Onsite waste disposal systems shall be located & constructed
to avoid impairment to them or contamination from them during
flooding.
I. Any alteration, repair, reconstruction, or improvement to a
building that is in compliance with the provisions of this section
shall meet the requirements of new construction, as contained
in this section.
J. Any substantial alteration, repair, reconstruction or improvements
to a building that is not in compliance with the provisions of this
section shall be undertaken only if said noncomformity is not
furthered, extended or replaced.
K. When proposed new construction & substantial improvements
are partially located in an area of special flood hazard, the entire
structure shall meet the standards for new construction.
L. When proposed new construction & substantial improvements
are located in multiple flood hazard risk zones or in a flood hazard
30
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
____________________________________________________________________________________________________
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
CHAPTER
THREE
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
2. All buildings located in A zones may be flood-proofed in lieu
of being elevated, provided that all areas of the building
components, together with attendant utilities & sanitary
facilities below the base flood elevation are watertight with
walls substantially impermeable to the passage of water, &
use structural components having the capability of resisting
hydrostatic & hydrodynamic loads & the effect of buoyancy.
3. A professional engineer or architect, licensed in the State
of Florida, shall certify that the standards of this subsection
are satisfied using the FEMA Floodproofing Certificate. Such
certification, along with the corresponding engineering data, &
the operational & maintenance plans, shall be provided to the
Floodplain Administrator.
C. Enclosures Below the Lowest Floor (elevated buildings). New
construction or substantial improvements of elevated buildings that
include fully enclosed areas formed by foundation & other exterior
walls below the lowest flood elevation shall be designed to preclude
finished living space & designed to allow for the entry and exit of
floodwaters to automatically equalize hydrostatic flood forces on
exterior walls.
PLANNING DEPT.
WEBSITE
5
1. All new construction or substantial improvement of any
commercial, industrial, or nonresidential building (including
manufactured home) shall have the lowest floor, including
basement, elevated no lower than one (1) foot above the level
of the base flood elevation.
FUTURE LAND
USE MAP - 2011
6
B. Nonresidential construction.
CELL TOWER
ORDINANCE
7
A. Residential construction. All new construction or substantial
improvement of any residential building or manufactured home
shall have the lowest floor, including basement, elevated no lower
than one (1) foot above the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, there
must be a minimum of two (2) openings on different sides of each
enclosed area sufficient to facilitate automatic equalization of
flood hydrostatic force, in accordance with standards of Section
3.01.07(C)(1)(c) below.
INDICES
8
3.01.07. Specific Standards. In all areas of special flood hazard
where base flood elevation data have been provided, as set forth
in Section 3.01.05, the following provisions are required in addition
to those set forth in Section 3.01.06:
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
FRONT
PAGE
CHAPTER
TEN
risk zone with multiple base flood elevations, the entire structure
shall meet the standards for the most hazardous flood hazard
risk zone & the highest base flood elevation.
1. Designs for complying with this requirement shall be certified by
a professional engineer, licensed in the State of Florida, or meet
the following minimum criteria:
a. Designs shall provide a minimum of 2 openings having a total
net area of not less than 1 square inch for every square foot of
enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than 1 foot above
adjacent interior grade (which must be equal to or higher in
elevation than the adjacent exterior grade); &
< PREVIOUS
c. Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided they provide the required net
area of the openings & permit the automatic flow of floodwaters
in both directions.
2. Fully enclosed areas below the lowest floor shall be solely used
for parking of vehicles, storage, & building access. Access to
the enclosed areas shall be the minimum necessary to allow for
parking of vehicles (garage door) or limited storage of maintenance
equipment used in connection with the premises (standard exterior
31
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
door) or entry to the living area (stairway or elevator); &
CHAPTER
TEN
CHAPTER
NINE
2. All manufactured homes placed or substantially improved in
an existing manufactured home park or subdivision that are not
subject to the provisions of Section 3.01.07 D(1) above, shall be
elevated so that:
CHAPTER
SEVEN
3. The manufactured home shall be securely anchored to an
adequately anchored foundation system to resist flotation, collapse,
& lateral movement.
5
4. In an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage as the result
of a flood, any manufactured home placed or substantially improved
shall meet the standards of Section 3.01.07(D)(1) above.
5. All recreational vehicles placed on site shall either:
4
a. Be fully licensed & ready for highway use (a recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnected type utilities &
security devices & has no permanently attached additions); or
b. Meet all the requirements for new construction, including
anchoring & elevation requirements of this section, or
PLANNING DEPT.
WEBSITE
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
c. Be on the site for fewer than 180 consecutive days.
2
CHAPTER
ONE
CHAPTER
FOUR
CHAPTER
FIVE
6
FUTURE LAND
USE MAP - 2011
b. The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least an equivalent
strength, of no less than 36 inches in height above grade &
securely anchored to an adequately anchored foundation system
to resist flotation, collapse, & lateral movement.
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
a. The lowest floor of the manufactured home is elevated no
lower than 1 foot above the level of the base flood elevation; or
INDICES
8
1. All manufactured homes placed or substantially improved on
individual lots or parcels, outside of an existing manufactured
home park or subdivision, in a new manufactured home park or
subdivision, in expansions to existing manufactured home parks
or subdivisions, or in substantially improved manufactured home
parks or subdivisions, shall meet all the requirements for new
construction, be elevated on a permanent foundation to the base
flood elevation, & be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, & lateral movement.
TABLE OF
CONTENTS
9
D. Standards for manufactured homes & recreational vehicles.
FRONT
PAGE
10
CHAPTER
EIGHT
3. The interior portion of such enclosed area shall not be partitioned
or finished into separate rooms.
1
< PREVIOUS
E. Floodways. Located within areas of special flood hazard
established in Section 3.01.05 are areas designated as floodways.
Since the floodway is an extremely hazardous area, due to the high
velocity of floodwater which carries debris, potential projectiles, &
has significant erosion potential, the following provisions, in addition
to those set forth in Section 3.01.07(A) thru (D) shall apply:
1. Prohibit encroachments, including fill, new construction,
substantial improvements, & other developments within the
regulatory floodway unless certification, with supporting technical
data, by a professional engineer, licensed in the State of Florida,
is provided thru hydrologic & hydraulic analyses performed in
accordance with standard engineering practice demonstrating
that encroachments shall not result in any increase in flood levels
during an occurrence of the base flood discharge.
2. All new construction & substantial improvements shall comply with
all applicable flood hazard reduction provisions of this ULDC.
Development activities within the regulatory floodway that
increase the base flood elevation may be allowed, provided that
the applicant first applies, with the community’s endorsement, for
a conditional FIRM revision & receives the approval of FEMA.
32
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
33
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
3. Prohibit the placement of manufactured homes, except in an
existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring
standards of Section 3.01.06(B), the elevation standards of
Section 3.01.07(A), & the encroachment standards of Section
3.01.07(E)(1) are met.
4. When fill is proposed within the regulatory floodway, in accordance
with a permit issued by the Florida Department of Health, the
development permit shall be issued only upon demonstration
by appropriate engineering analysis that the proposed fill will
not increase the water surface elevation of the base flood, in
accordance with Section 3.01.07(E)(1).
F. Coastal high hazard areas. Located within the areas of special
flood hazard established in Section 3.01.05 are areas designated as
coastal high hazard areas. These areas have special flood hazards
associated with wave wash; therefore, the following provisions, in
addition to those set forth in Section 3.01.07 (A) thru (D) shall apply:
1. All buildings shall be located 50 feet landward of the reach of a
mean high tide.
2. All new construction & substantial buildings in Zones V1-V30, VE
& V (with BFE) shall be elevated so that the bottom of the lowest
supporting horizontal member of the lowest floor (excluding pilings
or columns) is located no lower than 1 foot above the base flood
elevation level, with all space below the lowest supporting member
open so as not to impede the flow of water. Open latticework or
decorative screening may be permitted for aesthetic purposes only
& shall be designed to wash away in the event of abnormal wave
action & in accordance with Section 3.01.07(F)(7).
3. All new buildings or structures shall be securely anchored on
pilings or columns.
4. All pile & column foundations & structures attached thereto shall
be anchored to resist flotation, collapse, & lateral movement, due to
the effect of wind & water loads acting simultaneously on all building
components. Water loading values shall equal or exceed the base
flood. Wind loading values shall be in accordance with the Florida
Building Code, current edition adopted by City.
5. A professional engineer or architect, licensed in the State of
Florida, shall develop or review the structural design, specifications,
& plans for construction & shall certify that the design & methods are
in compliance with the provisions contained in Section 3.01.07(F)
(2), (3), & (4) above.
6. There shall be no fill used as structural support. Noncompacted
fill may be used around the perimeter of a building for landscaping &
aesthetic purposes, provided the fill will wash out from storm surge,
thereby rendering the building free of obstruction, prior to generating
excessive loading forces, ramping effects, or wave deflection.
The Building Official shall approve design plans for landscaping
& aesthetic fill only after the applicant has provided an analysis
by a professional engineer, licensed in the State of Florida, which
demonstrates that the following factors have been fully considered:
a. Particle composition of fill material does not have a tendency
for excessive natural compaction;
b. Volume & distribution of fill will not cause wave deflection to
adjacent properties; &
c. Slope of fill will not cause wave run-up or ramping.
7. Latticework or decorative screening shall be allowed below the
base flood elevation (lowest floor) provided they are not part of the
structural support of the building & are designed so as to break away,
under abnormally high tides or wave action, without damage to the
structural integrity of the building on which they are to be used &
provided the following design specifications are met:
a. No solid walls shall be allowed; &
b. Material shall consist of lattice or mesh screening only.
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
TWO
CHAPTER
NINE
CHAPTER
CHAPTER
THREE
THREE
3
2
CHAPTER
ONE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
____________________________________________________________________________________________________
3.01.09. Standards for Subdivisions. Subdivisions shall meet the
following standards:
A. All subdivision designs shall be consistent with the need to
minimize flood damage.
B. All subdivisions shall have public utilities & facilities such as
sewer, gas, electrical, & water systems, located & constructed
to minimize flood damage.
C. All subdivisions shall have adequate drainage provided to reduce
exposure to flood hazards.
D. Base flood elevation data shall be provided for subdivision plat
applications & manufactured home parks which have at least 3
lots.
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
3.01.08. Standards for Streams Without Established Base Flood
Elevation or Floodways. Located within the areas of special
flood hazard established in Section 3.01.05, where small streams
exist but where no base flood data have been provided or where
no floodways have been provided, the following provisions apply:
A. No encroachments, including fill material or structures, shall be
located within areas of special flood hazard, unless certification
by a professional engineer, licensed in the State of Florida,
is provided, demonstrating that the cumulative effect of the
proposed development, when combined with all other existing
& anticipated development, will not increase the water surface
elevation of the base flood more than one (1) foot at any point
within the City of Lynn Haven. The engineering certification
should be supported by technical data that conforms to standard
hydraulic engineering principles.
B. New construction or substantial improvements of buildings
shall be elevated or flood-proofed to elevation established in
accordance with Section 3.01.07(C).
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
8. If aesthetic latticework or screening is utilized, such enclosed
space shall not be designed to be used for human habitation, but
shall be designed to be used only for parking of vehicles, building
access, or limited storage of maintenance equipment used in
connection with the premises.
9. Prior to construction, plans for any buildings that will have
latticework or decorative screening shall be submitted to the Building
Official for approval.
10. Any alteration, repair, reconstruction or improvement to a
structure shall not enclose the space below the lowest floor, except
with latticework or decorative screening, as provided for in Section
3.01.07(F)(7) & (8) above.
11. Prohibit the placement of manufactured homes, except in an
existing manufactured home park or subdivision. A replacement
manufactured home may be placed on a lot in an existing
manufactured home park or subdivision provided the anchoring
standards of Section 3.01.07(F)(4) & the elevation standards of
Section 3.01.07(F)(2) are met.
G. Adequate drainage paths around structures shall be provided
on
slopes to guide water away from structures.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
< PREVIOUS
3.01.10. Standards for Areas of Shallow Flooding (AO zones).
Located within the areas of special flood hazard established in
Section 3.01.05 are areas designated as shallow flooding areas.
These areas have special flood hazards associated with base flood
depths of 1 to 3 feet where a clearly defined channel does not exist
& where the path of flooding is unpredictable & indeterminate.
Therefore, the following provisions, in addition to those set forth in
Section 3.01.06, shall apply:
A. All new construction & substantial improvement of residential
buildings in all AO Zones shall have the lowest floor, including
basement, elevated above the highest adjacent grade, at least as
high as the depth number specified in feet on the flood insurance
rate map. If no flood depth number is specified, the lowest floor,
34
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
3.01.12. Floodplain Administrator. The Floodplain Administrator
shall have the following roles & responsibilities:
1. Review permits to assure sites are reasonably safe from flooding;
2. Review all development permits to assure that the permit
requirements of the City’s floodplain management regulations have
been satisfied;
3. Require copies of additional Federal, State of Florida, or local
permits, especially as they relate to Chapters 161.053; 320.8249;
320.8359; 373.036; 380.05; 381.0065; & 553, Part IV, Florida
Statutes, be submitted along with the development permit application
& maintain such permits on file with the development permit;
4. Notify adjacent communities, the Florida Department of
Community Affairs – Division of Emergency Management – NFIP
Coordinating Office, the Northwest Florida Water Management
District, the Federal Emergency Management Agency, & other
Federal &/or State of Florida agencies with statutory or regulatory
authority, prior to any alteration or relocation of a watercourse;
5. Assure that the flood-carrying capacity within the altered or
relocated portion of any watercourse is maintained;
6. Verify & record the actual elevation (in relation to mean sea
level) of the lowest floor (A-Zones) or bottom of the lowest
horizontal structural member of the lowest floor (V-Zones) of all
new & substantially improved buildings, in accordance with Section
3.01.07(A) & (B) & Section 3.01.07(F)(2-4), respectively;
7. Verify & record the actual elevation (in relation to mean sea level)
to which the new & substantially improved buildings have been
flood-proofed, in accordance with Section 3.01.07(B);
8. Review certified plans & specifications for compliance. When
flood-proofing is utilized for a particular building, certification shall
be obtained from a registered engineer or architect certifying
that all areas of the building, together with attendant utilities &
sanitary facilities, below the required elevation are water tight with
walls substantially impermeable to the passage of water, & use
structural components having the capability of resisting hydrostatic
& hydrodynamic loads & the effects of buoyancy, in compliance with
3.01.07(B). In Coastal High Hazard Areas, certification shall be
obtained from a registered professional engineer or architect that
the building is designed & securely anchored to pilings or columns,
in order to withstand velocity waters & hurricane wave wash.
Additionally in Coastal High Hazard Areas, if the area below the
lowest horizontal structural member of the lowest floor is enclosed,
35
PLANNING DEPT.
WEBSITE
5
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
3.01.11. Designation of Floodplain Administrator. The City
hereby appoints the Building Official to administer & implement
the provisions of the City’s floodplain management regulations &
is herein referred to as the Floodplain Administrator.
CELL TOWER
ORDINANCE
7
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
including basement, shall be elevated at least 2 feet above the
highest adjacent grade.
B. All new construction & substantial improvement of nonresidential
buildings shall:
1. Have the lowest floor, including basement, elevated above the
highest adjacent grade as high as the depth number specified in
feet on the flood insurance rate map. If no flood depth number
is specified, the lowest floor, including the basement, shall be
elevated at least 2 feet above the highest adjacent grade; or
2. Together with attendant utility & sanitary facilities, be completely
flood-proofed to or above that level to meet the floodproofing
standard specified in Section 3.01.10(B)1.
3. Adequate drainage paths around structures shall be provided
on slopes to guide water away from structures.
4. Fully enclosed areas below the lowest floor that are subject to
flooding shall meet the non-elevation design requirements of
Section 3.01.07(C).
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
3.02.00. ENVIRONMENTALLY SENSITIVE LANDS PROTECTION.
____________________________________________________________________________________________________
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
3.02.02. Wetlands & Shoreline Protection.
A. Wetlands protection zone.
1. There is hereby created a wetlands protection zone in which
special restrictions on development apply.
2. The boundaries of this zone shall be the most landward extent
of the following:
a. Areas within the dredge & fill jurisdiction of the FDEP;
36
PLANNING DEPT.
WEBSITE
5
A. Purpose, intent, & applicability.
1. It is the purpose of this section to provide standards necessary
to protect the habitats of species, both flora & fauna, of rare,
endangered, threatened, or special concern status in the City
(called “listed species”).
2. It is the intent of this section to require that an appropriate amount
of land be set aside to protect the habitat of listed species.
3. Areas subject to the standards of this section are identified in the
Conservation Element of the Plan as habitat for listed species.
B. Habitat management plan.
1. 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.
2. The habitat management plan shall be prepared by an ecologist,
biologist or other approved professional. The plan shall;
a. Document the presence of listed species;
b. Calculate the land needs of the listed species that may be
met on the development site; &
c. Recommend appropriate habitat management plans & other
measures to protect the listed species.
3. The development plan for a site subject to this section shall
substantially conform to the recommendations in the habitat
management plan.
4. Where land in a proposed development is to be preserved as
habitat of listed species, such land shall be adjacent to existing
viable habitat, a significant wetland system, floodplain, or wildlife
corridor.
5. If such lands are not adjacent to the development site, land to
be set aside shall be of such quantity & quality as to provide
viable habitat, as documented in the study required in Section
3.02.01(B)(2).
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
3.02.01. Endangered or Threatened Species Habitats.
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
it may be done so with open wood lattice & insect screening or with
non-supporting breakaway walls that meet the standards of Section
3.01.07(F)(7) & (8);
9. Interpret the exact location of boundaries of the areas of special
flood hazard. When there appears to be a conflict between
a mapped boundary & actual field conditions, the Floodplain
Administrator shall make the necessary interpretation. The person
contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation, as provided in the City’s
floodplain management regulations;
10. When base flood elevation data & floodway data have not
been provided in accordance with Section 3.01.05, the Floodplain
Administrator shall obtain, review & reasonably utilize any base
flood elevation & floodway data available from a Federal, State of
Florida, or any other source, in order to administer the provisions
of the City’s floodplain management regulations;
11. Coordinate all change requests to the FIS, FIRM & FBFM with
the requester, State of Florida, & FEMA, &
12. Where Base Flood Elevation is utilized, obtain & maintain records
of lowest floor & floodproofing elevations for new construction &
substantial improvements, in accordance with Sections 3.01.07(A)
&
(B), respectively.
____________________________________________________________________________________________________
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
37
PLANNING DEPT.
WEBSITE
5
B. Certain activities are presumed to have an insignificant adverse
effect on the beneficial functions of protected environmentally
sensitive zones. Notwithstanding the prohibition in 3.02.03(A),
these activities may be undertaken unless it is shown by competent
substantial evidence that the specific activity would have a significant
adverse effect on the protected environmentally sensitive area.
C. Wetlands protection zones. The following uses & activities are
presumed to have an insignificant adverse effect on wetlands
protection zones:
1. Scenic, historic, wildlife, or scientific preserves;
2. Minor maintenance or emergency repair to existing structures
or improved areas;
3. Cleared walking trails having no structural components;
4. Timber catwalks and docks 4 feet or less in width;
5. Commercial or recreational fishing or hunting, & creation &
maintenance of temporary blinds;
6. Cultivating agricultural or horticultural products that occur
naturally on the site;
7. Constructing fences where no fill activity is required & where
navigational access will not be impaired by construction of the
fence;
8. Developing an area that no longer functions as a wetland, except
a former wetland that has been filled or altered in violation of any
rule, regulation, statute, or this section.
a. The developer shall demonstrate that the water regime has
been permanently altered, either artificially or naturally, in a
manner to preclude the area from maintaining surface water
or hydroperiodicity necessary to sustain wetland structure &
function.
b. If the water regime of a wetland has been artificially altered but
wetland species remain the dominant vegetation of the area,
the City Manager shall determine the feasibility of restoring the
altered hydrology.
c. If the wetland may be restored at a cost that is reasonable in
relation to benefits to be derived from the restored wetland,
the developer shall, as a condition of development, restore the
wetland & comply with the requirements of this section.
9. Developing a wetlands stormwater discharge facility or treatment
wetland in accordance with State permits.
D. Shoreline protection zones. The following uses & activities are
presumed to have an insignificant adverse effect on shoreline
FUTURE LAND
USE MAP - 2011
6
A. Generally. Except as expressly provided in this section,
no development activity shall be undertaken in a protected
environmentally sensitive zone.
CELL TOWER
ORDINANCE
7
CHAPTER
ONE
3.02.03. Development Activities within Protected Zones.
INDICES
8
TABLE OF
CONTENTS
9
1. A developer may obtain a determination of the boundaries of a
protected environmentally sensitive zone.
2. The developer shall submit the request for determination of
boundaries in writing by certified mail or hand delivery to the
regulatory agencies.
3. The request shall, at a minimum, set forth;
a. An adequate description of the land;
b. The nature of the developer’s right to ownership or control of
the land; &
c.
Other information needed to make the determination.
____________________________________________________________________________________________________
FRONT
PAGE
10
b. Areas within the jurisdiction of the USACOE ; &
c. Areas identified by the Florida Natural Areas Inventory.
B. Shoreline protection zone.
1. There is hereby created a shoreline protection zone in which
special restrictions on development apply.
2. The shoreline protection zone boundary shall be located thirty
(30) feet landward of the mean high water line.
C. Request for determination of boundaries.
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
protection zones:
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
8
5. Timber catwalks, docks, & trail bridges that are less than or
equal to 4 feet wide, provided that no filling, flooding, dredging,
draining, ditching, tilling or excavating is done, except limited filling
& excavating necessary for the installation of pilings;
6. Commercial or recreational fishing, hunting, trapping, & creation
& maintenance of temporary blinds;
7
7. Constructing fences where no fill activity is required & where
navigational access will not be impaired by construction of the
fence; &
8. Developing a wetlands stormwater discharge facility or
treatment wetland, in accordance with State permits.
E. Water dependent activities.
1. Designated water dependent activities that are otherwise
prohibited may be allowed if the developer shows:
a. The public benefits of the activity substantially outweigh the
adverse environmental effects on a wetland area; &
5
b. No practicable alternative to placement in the protected
environmentally sensitive zone exists.
CHAPTER
FOUR
4
CHAPTER
CHAPTER
THREE
THREE
3
c. New riprap or similar structures, not including seawalls,
bulkheads or the like, not exceeding 50 feet of shoreline;
CHAPTER
TWO
2
e. Performance of maintenance dredging for 10 years from the date
of the original permit. Thereafter, performance of maintenance
dredging so long as less than 10,000 cubic yards of material
is removed;
CHAPTER
ONE
a. Projects not exceeding 10,000 cubic yards of material placed
in or removed from watercourses, water bodies, or wetlands;
1
g. Construction of foot bridges & vehicular bridges;
b. Dockage or marinas where dock length does not exceed 25%
of the width of the water body and containing less than 1 slip
per 100 feet of shoreline. All docks & slips shall be at least 100
feet from any federal navigation project;
PLANNING DEPT.
WEBSITE
2. The following are permitted water dependent activities:
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
CHAPTER
SIX
4. Clearing of shoreline vegetation to create walking trails having
no structural components, not to exceed 4 feet in width;
INDICES
CHAPTER
FIVE
3. Clearing of shoreline vegetation waterward of the water’s
edge, so as to provide a corridor not to exceed 15 feet in width,
of sufficient length from the shore to allow access for a boat or
swimmer to reach open water, & landward of the water’s edge so
as to provide an open area not to exceed 25 feet in width. One (1)
additional such corridor may be cleared for every full 100 feet of
frontage along the water’s edge above & beyond the first 100 feet;
TABLE OF
CONTENTS
9
2. Minor maintenance or emergency repair to existing structures
or improved areas;
FRONT
PAGE
10
CHAPTER
NINE
1. Scenic, historic, wildlife, or scientific preserves;
d. Installation of buoys, aids to navigation, signs, & fences;
f. Installation of subaqueous transmission & distribution lines for
water, wastewater, electricity, communication cables, oil, or gas.
Lines may be entrenched in (not exceeding 10,000 cubic yards
of dredging), laid on, or embedded in bottom waters;
h. Replacement or widening of bridges on pilings or trestles
where the effects of pollutants discharged into open waters are
minimized; &
ENVIRONMENTAL
& RESOURCE
PROTECTION
i. Construction of artificial reefs.
< PREVIOUS
3. The water dependent activity shall be designed, constructed,
maintained & undertaken in a way that minimizes the adverse
impacts on the beneficial functions of the affected environmentally
sensitive zone.
38
NEXT >
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
d. Compensatory mitigation shall not be the basis for approving a
project that could not otherwise be approved.
e. A developer of a compensatory mitigation plan shall grant a
conservation easement under Section 704.06, F.S., on the newly
purchased, created, enhanced, or restored environmentally
sensitive lands to protect them from future development.
f. Compensatory mitigation shall be based on the Uniform Wetland
Mitigation Assessment Method provided in Chapter 62-345,
Florida Administrative Code.
2. Wetlands. Compensatory wetland mitigation shall require that the
amount of wetlands purchased, created, enhanced, or restored is
large enough to ensure that the amount of wetlands destroyed or
degraded shall be completely & successfully replaced. The minimum
replacement
ratio for destroyed wetlands shall be two to one (2:1).
____________________________________________________________________________________________________
3.02.04. Restricted Development Zone.
A. Generally. There is hereby created a restricted development zone
adjacent to each protected environmentally sensitive area. This zone
shall encompass all land within twenty (20) feet of the boundary of
the protected environmentally sensitive zone.
B. Development activities.
1. All development in a restricted development zone shall be
designed, constructed, & maintained to avoid significant adverse
effects on the adjacent environmentally sensitive zone.
2. The acreage within a protected environmentally sensitive zone
39
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
2. Development that encroaches on the shoreline protection zone
shall not be located:
a. On unstable shorelines where water depths are inadequate
to eliminate or minimize the need for offshore or foreshore
channel construction dredging, maintenance dredging, spoil
disposal, filling, beach feeding, & other river, lake, & channel
maintenance activities;
b. In areas where there is inadequate water mixing & flushing; or
c. In areas which have been identified as hazardous, due to high
winds or flooding.
3. Access roads, parking lots, & similar structures shall be located
on upland sites.
4. Nondeveloped portions of the shoreline protection zone that are
damaged during construction shall be restored or replaced thru
replanting of vegetation; restocking of fish, shellfish, & wildlife;
reestablishment of drainage patterns; & the like. To the maximum
extent possible, the restored areas shall match their prior ecological
functioning.
G. Mitigation.
1. Generally.
a. Compensatory mitigation, by which environmentally sensitive
lands are purchased, created, enhanced, or restored to
compensate for the loss of such lands, is required whenever a
special use is allowed under Section 3.02.03(E).
b. The purchased, created, enhanced, or restored environmentally
sensitive land shall be of the same type as that destroyed or
degraded and shall be located in the same sub-drainage basin
or in the same ecosystem.
c. Where lands are purchased or created for the purpose of
mitigation, the first priority for location of these lands shall be
within the City limits.
FRONT
PAGE
10
F. Design standards for special uses. In addition to the standards
listed in 3.02.03(C) thru (E), the following standards apply to special
uses allowed in the protected environmentally sensitive zones:
1. The development of special uses allowed in a shoreline protection
zone shall be designed to:
a. Allow the movement of aquatic life requiring shallow water;
b. Maintain existing flood channel capacity; &
c. Ensure stable shoreline embankments.
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
CHAPTER
THREE
THREE
6
2. Limiting the removal of vegetation to the minimum necessary
to carry out the development activity;
3. Expeditiously replanting denuded areas;
4. Stabilizing banks & other unvegetated areas by siltation &
erosion control measures;
5
4
3
2
1
< PREVIOUS
5. Minimizing the amount of fill used in the development activity;
6. Disposing of dredged spoil at specified locations in a manner
causing minimal environmental damage;
7. Constructing channels at the minimum depth & width necessary
to achieve their intended purposes, & designing them to prevent
slumping & erosion & allow revegetation of banks;
8. Dredging wetlands at times of minimum biological activity to
avoid periods of fish migration & spawning, & other cycles &
activities of wildlife; &
PLANNING DEPT.
WEBSITE
CHAPTER
TWO
1. Maintaining natural drainage patterns;
FUTURE LAND
USE MAP - 2011
CHAPTER
ONE
c. Other reasonable protective measures necessary to prevent
significant adverse effects on a protected environmentally sensitive
zone may be required. The factual basis of the decision to require the
measure shall be stated as a finding in the written record. Protective
measures may include, but are not limited to:
CELL TOWER
ORDINANCE
7
b. The developer shall completely restore any portion of a protected
environmentally sensitive zone damaged during construction.
Complete restoration means that the damaged area shall, within
two (2) years, be operating as effectively as the natural system did
prior to being destroyed; &
INDICES
8
a. Wherever possible, natural buffers shall be retained between all
development & all protected environmentally sensitive zones. If a
natural buffer does not exist, an equivalent buffer shall be created.
The size of the buffer shall be a minimum of 30 feet in width.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
may be used to determine the total allowable units or square footage
of development that will be allowed on a site containing all or part
of such a zone. This development potential may be transferred
from the protected environmentally sensitive zone to the restricted
development zone or beyond. Allowable development potential shall
not, however, be transferred from without the area encompassed
by the restricted development zone & protected environmentally
sensitive zone to within such area.
3. The following special design standards apply within restricted
development zones adjacent to wetlands protection zones:
9. Designing, locating, constructing, & maintaining all development
in a manner that minimizes environmental damage.
4. The following special design standards apply within restricted
development zones adjacent to shoreline protection zones:
a. All development shall be set back greater than or equal to the
landward boundary of the shoreline protection zone;
b. Total impervious surface including, but not limited to, buildings,
houses, parking lots, garages, accessory buildings, driveways,
pools, & walkways is limited to 90% of the land area of the entire site;
c. The development shall leave a minimum of 10% of the site as
trees, shrubs, or other natural vegetation, or replace existing trees
at a minimum ratio of two to one (2:1);
d. Point source & nonpoint source discharges are prohibited,
except for stormwater, which may be discharged only if it meets
the following minimum standard:
1. Stormwater discharges shall include an additional level of
treatment equal to 50% of the treatment criteria specified in the rules
of the appropriate water management district, & shall provide off-line
retention or off-line detention with filtration of the first one-half (½)
inch of runoff of the total amount required to be treated.
40
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
ONE
CHAPTER
TWO
CHAPTER
CHAPTER
THREE
THREE
4
j. Septic tanks shall not be located closer than 150 feet from the
boundary of the shoreline protection zone. If septic tanks are
allowed, there shall be no more than 2 septic tanks per 1 acre of land;
k. Where wet moorage is offered for boats which have holding
facilities for sewage, or where other recreational vehicles are allowed
to stay overnight, then pumpout, holding, or treatment facilities
shall be provided by the developer for sewage & other wastes,
including bilge, contained on vessels & vehicles. The facilities shall
be conveniently available to all vessels & vehicles;
l. If no natural vegetation exists, strips of buffer vegetation shall be
planted between development activities & the shoreline protection
zone. Buffers shall be composed of native plant species;
m. Marinas & other appropriate developments shall post the
following signs where they are readily visible to all users of the
development:
1. Regulations pertaining to handling & disposal of waste, sewage,
or toxic materials.
3
2
1
PLANNING DEPT.
WEBSITE
5
i. If dredging changes the littoral drift processes & causes adjacent
shores to erode, the developer shall periodically replenish these
shores with the appropriate quantity & quality of aggregate;
FUTURE LAND
USE MAP - 2011
6
h. Any spoil that results from dredging shall be disposed of at
upland sites & stabilized within thirty (30) days, unless the spoil is
causing turbidity or other problems, in which case the developer
shall stabilize the spoil immediately;
CELL TOWER
ORDINANCE
7
g. Any dredging shall be conducted at times of minimum biological
activity to avoid fish migration & spawning, & other cycles & activities
of wildlife;
INDICES
8
f. Any channels constructed shall be of a minimum depth & width
capable of achieving the intended purposes. Sides of channels
shall reflect an equilibrium shape to prevent slumping & erosion &
to allow revegetation;
TABLE OF
CONTENTS
9
e. Siltation & erosion control measures shall be applied to stabilize
banks & other unvegetated areas during & after construction.
Sediment settling ponds shall be installed for stormwater runoff, prior
to the creation of any impervious surfaces. For lots or parcels that
are cleared, silt screens shall be placed between the construction
site & the water body to prevent erosion & siltation;
FRONT
PAGE
10
CHAPTER
NINE
2. If the City or any State agency has a stormwater rule which is
stricter than this standard, then the stricter rule or combination of
rules shall apply.
2. Regulations prohibiting the use of vessel toilets while moored
unless the toilets are self-contained or have an approved treatment
device.
3. Regulations prohibiting the disposal of fish or shellfish
cleaning wastes, scrap fish, viscera, or unused bait in or near the
development.
4. Appropriate messages relating to local ecological concerns, e.g.,
manatee protection.
n. A marina shall include boat launch facilities, unless the applicant
can demonstrate that providing such facilities is not feasible or it is
determined that the ramp would be excessively damaging to the
aquatic environment;
o. Marinas shall have adequate restroom facilities, in compliance
with local health board regulations; &
ENVIRONMENTAL
& RESOURCE
PROTECTION
p. Garbage receptacles shall be provided & maintained by the
marina operator at several locations convenient to users.
____________________________________________________________________________________________________
< PREVIOUS
3.02.05. Prohibited Ongoing Activities. The following standards
apply to post-development activities taking place within any
restricted development zone or protected environmentally sensitive
41
NEXT >
CHAPTER
NINE
C. Handling & storage of fuel, hazardous & toxic substances, &
wastes.
1. Developments where fuel or toxic substances will be stored,
transferred, or sold shall employ the best available facilities
& procedures for the prevention, containment, recovery, &
mitigation of spillage of fuel & toxic substances. Facilities &
procedures shall be designed to prevent substances from
entering the water or soil, & employ adequate means for prompt
& effective cleanup of spills that do occur.
CHAPTER
SIX
CHAPTER
FIVE
3. Storage or disposal of all types of wastes is prohibited on
shorelines.
D. Prohibited uses. The long term storage of equipment or materials,
& the disposal of wastes shall be prohibited.
E. Fertilizers, herbicides, or pesticides.
6
5
1. Fertilizers, herbicides, or pesticides shall not be applied in a
protected environmentally sensitive zone, except for projects
conducted under the authority of Sections 373.451 – 373.4595,
F.S., & governmentally authorized mosquito control programs.
2. Fertilizers, pesticides, & herbicides used in restricted development
zones should be applied sparingly & at appropriate rates & time
intervals.
4
G. Pumpout, holding, & treatment facilities for wastes from mobile
sources.
H. Sewage, solid waste, & petroleum waste generated by vessels
or vehicles on the site shall be properly collected & disposed of.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
3.02.06. Deer Point Lake Reservoir Protection Zone. Reserved.
1
PLANNING DEPT.
WEBSITE
F. Spray vehicles. Vehicles used for mixing or spraying chemicals
are prohibited from withdrawing water directly from waters.
FUTURE LAND
USE MAP - 2011
CHAPTER
FOUR
7
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
2. No toxic or hazardous wastes or substances shall be stored in
outdoor containers.
INDICES
8
B. Clearing. Absent an amendment to the development order,
no person shall clear more vegetation than was permitted for the
original development.
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
A. Point source & non-point source discharges. Absent an
amendment to the development order, point source & non-point
source discharges shall continue to meet the standards applicable
to the original development.
FRONT
PAGE
CHAPTER
TEN
zone:
____________________________________________________________________________________________________
3.03.00. WELLFIELD PROTECTION.
____________________________________________________________________________________________________
A. The purpose of wellfield protection standards is to safeguard
the health, safety, & welfare of the citizens of the City. This is
accomplished thru ensuring the protection of the principal source of
water for domestic & industrial use. The availability of adequate &
dependable supplies of good quality water is of primary importance
to the future of the City. Therefore, standards are described in this
section with the intent of protecting both the quantity & quality of
the potable supply.
B. It is further the intent of this section to control development in
& adjacent to designated wellheads to protect water supplies from
potential contamination.
____________________________________________________________________________________________________
< PREVIOUS
3.03.02. Applicability. The land uses listed below are prohibited
within the wellhead protection area. Existing prohibited land
uses within the wellhead protection area shall be considered
nonconforming uses pursuant to Section 9.01.01:
A. Landfills.
B. Activities that require the storage, use, handling, production
42
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
CHAPTER
NINE
10
D. Wastewater treatment plants, percolation ponds, & similar
facilities.
E. Mines.
F. Excavation of waterways or drainage facilities which intersect
the water table.
9
G. Drainage wells & sinkholes for stormwater disposal where
recharge is into potable water aquifers.
____________________________________________________________________________________________________
3.03.03. Wellfield Protection Area.
B. No development activities shall take place within the 200-foot
zone of exclusion surrounding new wells.
INDICES
8
A. All new wells supplying potable water for public consumption in
the City shall be required to establish a 200-foot zone of exclusion
immediately surrounding the new wells.
TABLE OF
CONTENTS
CHAPTER
EIGHT
C. Feedlots or other concentrated animal facilities.
FRONT
PAGE
CHAPTER
TEN
or transportation of restricted substances: agricultural chemicals,
petroleum products, hazardous/toxic wastes, industrial chemicals,
medical wastes, etc.
____________________________________________________________________________________________________
CHAPTER
SEVEN
CHAPTER
FIVE
3.04.01. Standards.
A. To protect & 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)
& the FDEP.
B. No person shall operate a regulated source of air pollution without
a valid operation permit issued by the FDEP.
____________________________________________________________________________________________________
5
3.04.02. Testing. Air pollution emissions shall be tested & results
reported, in accordance with techniques & methods adopted by the
FDEP & submitted to the State. These tests shall be carried out
under the supervision of the State & at the expense of the person
responsible for the source of pollution.
____________________________________________________________________________________________________
4
3.05.01. Applicability. During review of the building permit
application, the City will determine whether or not the proposed
development is in an area of historical or archaeological significance
as listed on the state master site file &/or the City’s comprehensive
listing of historical & archaeological resources.
CHAPTER
CHAPTER
THREE
THREE
3
CHAPTER
TWO
____________________________________________________________________________________________________
2
CHAPTER
ONE
CHAPTER
FOUR
3.05.00. HISTORICAL & ARCHAEOLOGICAL RESOURCES.
PLANNING DEPT.
WEBSITE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
3.04.00. AIR QUALITY.
1
3.05.02. Survey Requirements.
A. Should it be determined that the proposed development is
located on a site of historical or archaeological significance, the
developer is required to have the site surveyed by a competent
authority from any of the area colleges, universities, or junior
colleges (e.g., Gulf Coast Community College, University of
West Florida, Florida State University, etc.).
B. Should historical or archaeological resources be unearthed
during development, construction, renovation, excavation, etc.,
the developer shall notify the City immediately & development
shall stop for a reasonable period of time to be determined
by the City so that a survey of the historical & archaeological
resources can be conducted by a competent authority. The
results of the survey will then be presented to the City to
determine how development should proceed.
ENVIRONMENTAL
& RESOURCE
PROTECTION
NEXT >
< PREVIOUS
43
CHAPTER 4. SITE DESIGN STANDARDS.
____________________________________________________________________________________________________
4.00.00. GENERALLY.
4
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
5
4.00.02. Design Principles. Development design shall first take
into account the protection of natural resources, as set forth in
Chapter 3. All development shall be designed to avoid unnecessary
impervious surface cover; to provide adequate access to lots & sites;
& to avoid adverse effects of shadow, glare, noise, odor, traffic,
drainage, & utilities on surrounding properties.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
FOUR
FOUR
4
4.01.01. Density & Housing Types in Residential Districts.
Residential development in the following land use districts shall
comply with the standards set forth in Table 4.01.01 for maximum
density & housing type. Density is total dwelling units per acre
whether the units are single-family or multi-family.
CHAPTER
THREE
____________________________________________________________________________________________________
3
PLANNING DEPT.
WEBSITE
4.01.00. DENSITY & HOUSING STANDARDS.
____________________________________________________________________________________________________
CHAPTER
TWO
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
A. No building or other structure shall be constructed, installed,
erected, or altered, except in compliance with the site design &
development standards set forth in this ULDC.
B. Where an overlay district applies to a site, the standards for that
district shall apply, in addition to the standards of the underlying
land use district.
C. In addition to standards for all development within a land use
district, supplemental standards for specific uses are set forth
in Section 5.05.00. Such supplemental standards shall apply in
addition to the standards of the land use district & overlay district,
if applicable, in which the development is located.
D. Where conflict arises between standards required in a land use
district, in an overlay district, by supplemental standards, or by other
legally binding document, the following rules shall be used in the
application of standards:
1. Where an unexpired City-approved site plan or unexpired Cityapproved development agreement issued prior to the effective
date of this ULDC, court order, or other legally binding document
which authorizes development applies to the site, the standards
in the legally binding document shall apply.
2. In all other situations, the stricter standard shall apply.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
4.00.01. Applicability. The purpose of this chapter is to provide
design standards applicable to all development activity within the
City.
FRONT
PAGE
10
CHAPTER
FIVE
____________________________________________________________________________________________________
Table
4.01.01. Density & Housing Types in Residential Districts.
____________________________________________________________________________________________________
Land Use Maximum
Permissible Housing District
Density
Type
____________________________________________________________________________________________________
(d.u. per acre)
Low Density (LDR) Less than 5 units Single-family detached
____________________________________________________________________________________________________
2
Medium Density 4.0 to 10.0 units (MDR) Single-family detached
Group home
Duplex
Multiple-family
High Density 8.0 to 20.0 units (HDR) Group home
Duplex
Multiple-family
Mobile home parks
Traditional
Neighborhood See Table Development 4.05.03(B) (TND)
Single-family detached
Group home Duplex
Multiple-family
CHAPTER
ONE
____________________________________________________________________________________________________
1
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
____________________________________________________________________________________________________
< PREVIOUS
Planned Unit Development Based on the (PUD)
underlying land use district
____________________________________________________________________________________________________
44
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
8
CHAPTER
SEVEN
7
CHAPTER
SIX
6
CHAPTER
FIVE
5
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
Mixed Use (MU) up to 10.0 for
• Single-family detached
residential only
• Duplex
uses
• Multiple-family uses
up to 20.0 for • Units above commercial
mixed use projects
uses
(see Sec. 5.05.11) ____________________________________________________________________________________________________
Neighborhood Up to 8.0
Commercial
(C-1) uses • Multiple-family,
including duplex
• Units above commercial
TABLE OF
CONTENTS
9
Land Use Maximum
Permissible Housing District
Density
Type
____________________________________________________________________________________________________
(d.u. per acre)
FRONT
PAGE
10
CHAPTER
ONE
Table 4.01.02. Density & Housing Types in Nonresidential ____________________________________________________________________________________________________
Districts
____________________________________________________________________________________________________
____________________________________________________________________________________________________
4.01.03. Appearance Standards for Single-Family Dwellings.
PLANNING DEPT.
WEBSITE
45
FUTURE LAND
USE MAP - 2011
CELL TOWER
ORDINANCE
A. Applicability. To promote consistency within residential
neighborhoods in the City, the following architectural & aesthetic
standards shall apply to all single-family residences in the City within
any land use district, except as follows:
1. Mobile home parks
2. Any other single-family residence located in a subdivision
which is subject to covenants & restrictions which regulate
exterior appearance & aesthetics when such covenants apply to
all lots within the subdivision. Such subdivisions shall be deemed
to be similar in appearance & are therefore exempt from the
requirements of this section.
B. Architectural & aesthetic standards.
1. Roof.
a. The roof shall have a minimum overhang of 12 inches.
b. The roof pitch shall be equal to or greater than the roof pitches
of the majority of homes in the surrounding neighborhood,
but not less than 4 inches of rise for every 12 inches of run.
c. The roof covering shall consist of asphalt shingles, tile, slate,
wood shakes, wood shingles, or any other roof covering
that appears on the majority of homes in the surrounding
neighborhood.
2. The electric meter box shall be permanently affixed to the singlefamily residence.
3. Exterior steps, if any, shall be permanently affixed to the
foundation or a façade stem wall.
4. Foundation.
a. Each single-family residence shall have a permanent
foundation or permanent enclosure around the perimeter of any
elevated home that presents a clean, uncluttered appearance.
A permanent foundation may include break-away walls, when
required in flood areas pursuant to the provisions in Chapter 3.
b. Any wheels, tongue, or other transportation apparatus shall
be removed or enclosed.
c. The foundation & finished architectural elevation shall be
substantially similar in appearance to the foundation & finished
architectural elevations of residences in the surrounding
neighborhood.
5. Each single-family residence shall have a minimum width of
thirty-three (33) feet at the narrowest point, excluding any attached
screened room, garages, carports, or utility areas.
6. Siding.
a. Each single-family residence shall have siding material consisting
of brick, stucco, stone, wood shingles, masonry, a vinyl covering,
or any other material that appears on the majority of homes in
the surrounding neighborhood.
b. This provision does not require a residence’s siding to be
INDICES
< PREVIOUS
*See also Section 5.05.11.
SITE DESIGN
STANDARDS
NEXT >
constructed from certain materials, only that the siding has the
appearance of such material.
____________________________________________________________________________________________________
4.02.00. DESIGN STANDARDS FOR ALL LAND USE DISTRICTS.
CHAPTER
TEN
CHAPTER
NINE
Table
4.02.01(A)2. Standards for Impervious Surfaces.
____________________________________________________________________________________________________
Land Use
District Maximum Impervious Surface Ratio for
Lots (%)
Maximum Floor
Area Ratio (%)
CHAPTER
SEVEN
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
3. Where cluster development is proposed under unified
development control in a PUD, the calculation of impervious
surface shall apply to the entire site & shall not be applied to
individual lots within the development site.
4. Lots in residential districts shall be designed to comply with the
maximum density allowed in the Comprehensive Plan for each
land use district, except that lots within the 1911 Plat shall meet
the specifications as provided in Section 4.02.01.B.
5. When calculations of residential density result in fractional units,
the fractional units shall not be counted.
B. Specific requirements for the 1911 Historic Plat Overlay District
(1911 Plat). The minimum lot area within the LDR district in the
1911 Plat is 15,000 square feet. The minimum lot width is 75 feet.
A single-family dwelling may be constructed on a lot with less than
15,000 square feet in area & less than 75 feet lot width in any land
use district under the following conditions:
1. Front & side setbacks for a residential unit shall be met.
2. If the parcel consists of any single lot or any odd number of lots
which are contiguous & in a particular block & which were platted
& recorded in official records of the County, prior to January 14,
1975, & which were assessed in the County tax rolls as a single
lot or an odd number of contiguous lots as of January 14, 1975,
based on the reconfiguration of odd numbers of lots, as shown
in Table 4.02.01(B)4.
3. Lots within the 1911 Plat that have property frontage along an
alley shall have a minimum lot area of 13,500 square feet.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
CHAPTER
ONE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
LDR 55
MDR 60
HDR 65
MU
75 Assigned for each individual category
C 85 100
IND
70 50
P/I 65 100
C-1
60
50
R/OS 50 50
CON 5
5
TND
Per approved master Per approved plan
master plan
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
____________________________________________________________________________________________________
INDICES
8
A. General Standards.
1. Except as specifically provided in this ULDC, no lot existing at
the time of adoption of this ULDC shall be reduced, divided,
or changed so to produce a lot or tract of land which does not
comply with the density requirement of Section 4.01.01.
2. The impervious surface ratio is calculated by dividing the total
of all impervious surfaces on the lot by the total lot area. Water
bodies are impervious surfaces. The standards for impervious
surfaces are set forth in Table 4.02.01(A).
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
4.02.01. Standards for Lot Design.
FRONT
PAGE
10
CHAPTER
EIGHT
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
Table
4.02.01(B)4: 1911 Historic Plat Reconfigurations.
____________________________________________________________________________________________________
Assessed no.
of lots as of
1/14/1975
Maximum
buildable
lots Minimum
Lot
Area (Sq. Ft.)
Minimum
Lot
Width
7,500 11,250
11,250
50’
75’
75’
____________________________________________________________________________________________________
< PREVIOUS
1
3
5
1
2
3
46
NEXT >
____________________________________________________________________________________________________
10
Maximum
buildable
lots Minimum
Lot
Area (Sq. Ft.)
Minimum
Lot
Width
11,250
11,250
75’
75’
____________________________________________________________________________________________________
7
9
4
5
____________________________________________________________________________________________________
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
PLANNING DEPT.
WEBSITE
4
FUTURE LAND
USE MAP - 2011
5
CELL TOWER
ORDINANCE
6
INDICES
7
A. Generally. All development shall be on a recorded, platted lot
that meets all standards set forth in this ULDC.
B. Standards for setbacks.
1. The minimum yards required in this section for each & every
building existing at the time of the adoption of this ULDC, or for
any building hereafter erected or altered, shall not be encroached
upon or reduced, except as specifically set forth in this section.
Shrubbery, mailboxes, driveways, retaining walls, fences, curbs, &
planted buffer strips shall not be construed to be encroachments
of yards.
2. No part of any yard created by the setback standards & required
in connection with any building, structure, or use by this ULDC shall
be considered to be part of a required yard for any other building,
structure, or use.
3. The clear visibility requirements set forth in Section 6.05.04
shall be maintained for all corner lots.
4. Access across waterfront setbacks is described in Chapter 3,
Section 3.02.03(D).
C. Exceptions to the required minimum setback for existing
residential infill lots.
1. Where there are existing adjacent buildings, the front yard
setback shall be an average of the depth of the yards on the
same block face.
2. In no case shall the required front yard setback be greater than
twenty-five (25) feet.
D. All setbacks shall be measured at the shortest distance from
the exterior building wall to the property line. Eave overhangs shall
not be included as a main part of any building, provided, however,
that no eave overhang shall exceed 3 feet & shall not be less than
8 feet from ground level.
E. Measurement of building height.
1. Building height shall be measured from the height of the curb,
or from the mean ground level if no curb level has been
established, to the top plate of the building.
2. Calculation of maximum height shall not include appurtenances
or attachments such as chimneys, elevator shafts, antennas,
decorative architectural features, steeples, air conditioning
equipment enclosures, cupolas, weather vanes, & other similar
minor building features. All appurtenances or attachments
which are exempt for purposes of calculating the maximum
height shall not be habitable.
3. The following structures shall not be subject to height limits:
telecommunications towers, flagpoles, radio towers, & Cityowned water towers.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
8
CHAPTER
TWO
4.02.02. Standards for Buildings & Building Placement.
9
CHAPTER
ONE
Assessed no.
of lots as of
1/14/1975
FRONT
PAGE
CHAPTER
TEN
Table 4.02.01(B)4: 1911 Historic Plat Reconfigurations (Continued).
____________________________________________________________________________________________________
Table 4.02.02. Standards for Building Heights & Setbacks.
1
____________________________________________________________________________________________________
Minimum Setback (ft.)
Land Use District Maximum Building
Height
Front
LDR MDR HDR MU C
IND
P/I
C-1
R/OS
CON
30’
20’ 7’
40’
25’
5’
50’
25’
5’
50
25’
5’
50’
10’
0’
100’
25’
10’
100’
0’
0’ 3
40’
0’
0/10
30’
20’
7’
No buildings are permitted.
Side
Side, Adjacent
to Sreet.
Rear
WaterFront
V-Zone
30’
50’
____________________________________________________________________________________________________
< PREVIOUS
10’
10
10’
10’
10’
10’
0’
10’
10’
25’2
25
20’
20’
0’
10’
0’
20’
25’
47
SITE DESIGN
STANDARDS
NEXT >
____________________________________________________________________________________________________
10
Minimum Setback (ft.)
Land Use District Maximum Building
Height
Front
TND
Per approved master plan.
PUD
Per approved master plan.
Side
Side, Adjacent
to Sreet.
Rear
WaterFront
V-Zone
____________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
Table 4.02.02. Standards for Building Heights & Setbacks
(continued).
____________________________________________________________________________________________________
____________________________________________________________________________________________________
9
Heights above 50 feet to a maximum of 100 feet are permissible, provided that a proposal for increased
heights above 50 feet include increased setbacks of at least 1 additional foot for each additional foot in height,
and shall protect water views when applicable. In addition, there shall be a demonstrated public benefit, such
as common open space, scenic views, plazas, or courtyards.
2
3
The rear yard setback shall be increased by 5 ft. for every 10 ft. in height above 20 ft.
When adjacent to residential land uses per the FLUM, the side yard setback shall be 10 ft.
TABLE OF
CONTENTS
CHAPTER
NINE
1
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
1
A. A single-family attached dwelling unit is contiguous to adjacent
units by a common wall. A zero setback standard shall apply to the
property line where the common wall is located.
B. There shall be at least 2 but not more than 6 units in 1 building.
C. Each single-family attached dwelling unit shall have a direct
entrance to the outside, & shall not open to a common lobby, hallway,
foyer, or other similar space.
D. Where all lots, parcels, & dwelling units are under common
ownership, there shall be a management plan to demonstrate unified
control & management of common areas & facilities.
E. Where single-family attached dwelling units are to be located on
individually owned lots, the site shall be platted, according to the
subdivision regulations set forth in Section 4.03.00, except that:
1. Street widths shall be the same as provided for TND street
widths in Section 4.05.07(C); &
2. Only 1 connection to an abutting street or streets shall be
required for subdivisions of 50 or fewer single-family attached
units.
F. There shall be provisions for a management plan for any common
areas & facilities.
G. Sidewalks or pedestrian paths shall be provided to connect
buildings,
parking lots, open space, & common areas.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
4.02.04. Specific Standards for Single-Family Attached
Development. Single-family attached development shall comply
with the standards & criteria of the land use district in which it is
proposed. The additional standards, set forth in this section, shall
apply to all single-family attached development.
FUTURE LAND
USE MAP - 2011
6
A. New construction & redevelopment projects within the CRA
Overlay District shall comply with the “Storefront Design
Guidelines” adopted by the Community Redevelopment Agency.
B. The following commercial uses are allowed only with the approval
of the Community Redevelopment Agency within the CRA Overlay
District:
1. Auto repair;
2. Auto washing;
3. Drive-thru facilities; &
4. Trade service establishments.
C. The minimum off-street parking requirement for a restaurant
without a drive-thru in the CRA Overlay District is 1 space per 300
square
feet of gross floor area.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
4.02.03. Design Requirements for Development within the CRA
Overlay District.
INDICES
8
CHAPTER
SIX
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
4.02.05. Design Standards for All Commercial Development.
The design standards set forth below apply to all commercial
development.
< PREVIOUS
A. Mechanical equipment, electrical meter & service components,
& similar utility devices, whether ground level, wall mounted, or roof
mounted, shall be screened from view from public rights-of-way thru
48
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
1. All exterior lighting shall be shielded & directed such that there is
no direct illumination of adjacent residential properties.
2. Exterior lighting shall comply with at least one of the following:
a. Lighting fixtures shall be full cut-off fixtures which directs
light & blocks upward illumination;
4
b. Lighting fixtures & poles shall not exceed 22 feet or the
height of the highest roofline of the building(s) within the site,
whichever is greater.
CHAPTER
THREE
3
CHAPTER
TWO
F. Commercial subdivisions shall be exempt from the requirements
provided in Section 4.03.03(A)(3), 4.03.03(B)(4), & 4.03.04(B)(11).
2
PLANNING DEPT.
WEBSITE
CHAPTER
CHAPTER
FOUR
FOUR
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
one of the following methods:
1. Where equipment is at ground level, screening may be provided
thru landscaping sufficient to block the view from public rightsof-way.
2. Where brick, wood, or masonry materials are used to screen
the equipment or devices, the materials shall be the same as
the predominant exterior building materials for the principal
building on the site.
B. Street level retail uses with sidewalk frontage shall provide an
entrance to the building from the sidewalk, in addition to any other
access that may be provided to the building.
C. Accessory uses & structures shall be integrated into the
overall design of the site to ensure that visual & other impacts of
these uses are fully contained or enclosed and out of view from
adjacent properties and public streets. These uses & structures
shall be designed to blend with the principal building thru the use
of color, building materials, & architectural features, to ensure that
no attention is attracted to the functions by the use of screening
materials that are different from, or inferior to, the principal material of
the building & landscape. The following are examples of accessory
structures:
1. Loading docks;
2. Truck parking;
3. Outdoor storage;
4. Utility meters;
5. HVAC equipment;
6. Dumpsters (See Section 5.01.05); &
7. Other similar service functions.
D. Brick, wood, or masonry materials shall be used for building
facades facing the street.
E. Exterior Lighting Standards.
____________________________________________________________________________________________________
4.02.06. Specific Standards for Neighborhood Commercial
(C-1) District.
A. Retail centers shall be less than 30,000 square feet in building
area.
B. Each structure shall have siding material consisting of brick,
stucco, stone, wood shingles, masonry, a vinyl covering, or any
other material that appears on the majority of structures in the
surrounding neighborhood.
CHAPTER
ONE
____________________________________________________________________________________________________
4.02.07. Guidelines for Compatibility Review.
1
< PREVIOUS
A. Any proposed development shall be reviewed for compliance
with the compatibility standards set forth in this section, except for
the following:
1. Any single-family detached residence;
2. Minor subdivisions; and
3. Non-residential buildings with a gross floor area of 5,000
square feet or less.
B. Building dimensions, including both height & footprint;
C. Building location & orientation compared to the typical
development pattern in the neighborhood;
D. Extent & location of parking, whether surface or structured
49
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
4.03.01. Purpose. The purpose of these subdivision regulations
is to:
A. Provide for the orderly, economic, & safe development of land &
urban services & facilities;
B. Promote the public health, safety, morals, & general welfare of
residents of the City;
C. Ensure equitable handling of all subdivision plats by providing
uniform procedures; &
D. Place the cost of improvements against those benefiting from
their construction.
____________________________________________________________________________________________________
CHAPTER
SIX
5
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
4.03.03. Subdivision Lot & Block Design.
1
< PREVIOUS
A. Blocks.
1. The lengths, widths, & shapes of blocks shall be determined
with due regard to:
a. Provision of adequate building sites suitable to the special
needs of the type of use contemplated.
b. Need for convenient access, circulation, control, & safety of
street traffic.
c. Limitations & opportunities of topography.
2. Block lengths shall not exceed 1,320 feet & shall not be less
than 400 feet.
3. Pedestrian mid-block crossings, not less than 10 feet wide, shall
be required in all blocks exceeding 600 feet in length & where the
block is adjacent to, or across from, a school, playground, shopping,
transportation, or other community facilities.
B. Lots.
1. Every lot shall have a minimum of 20 feet in width, measured
at the road frontage.
2. Lot areas & setbacks shall conform to the requirements of
the land use district.
3. Planned unit developments & traditional neighborhood
developments shall not be required to meet the provisions of
this section (See Sections 4.04.00 & 4.05.00).
4. Where double frontage or reverse frontage lots are created,
the access to such lots shall be from the street with the lower
functional designation.
5. Side lot lines shall be approximately at right angles to the
right-of-way line of the street on which the lot fronts.
50
PLANNING DEPT.
WEBSITE
A. All subdivisions of land into three (3) or more parcels within the
corporate limits of the City of Lynn Haven shall be subject to the
design requirements of the land use district in which the subdivision
is proposed & the design requirements specifically for subdivision
layout set forth in Section 4.03.00. Procedures for preliminary plats
& final plats are set forth in Chapter 10.
B. Land subject to flooding shall be limited to approved uses &
Improvements, in accordance with the provisions of Chapter 3.
C. Subdivision of land into 2 parcels, platting of a previously
unrecorded lot, or adjustments of lot lines are subject to the
provisions,
set forth in Section 4.03.05.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
FIVE
4.03.02. General Standards.
CELL TOWER
ORDINANCE
7
____________________________________________________________________________________________________
INDICES
8
4.03.00. STANDARDS FOR SUBDIVISION LAYOUT & DESIGN.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
parking;
E. Intensity of proposed development, as compared with the intensity
of surrounding development;
F. Density of proposed development, as compared with the density
of surrounding development;
G. Potential impacts from outdoor activities & gathering places,
such as noise or lights; &
H. Location of site features that may have a negative impact on the
surrounding area, such as dumpsters, security lights, or recreation
facilities.
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
NEXT >
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
< PREVIOUS
4.03.05. Requirements for Minor Subdivisions.
A. Minor subdivisions shall include splitting land into 2 parcels,
platting a previously unrecorded lot, or adjustments made to
existing lot lines.
B. Such minor subdivisions are exempt from the requirement to
submit a preliminary plat & improvement plans. Applications
for a minor subdivision shall only require a final plat for the
purpose of recording the lot or lots as configured.
C. A minor subdivision shall result in a lot or lots that comply
with the density, dimension, & other design requirements of
this ULDC.
D. Where a lot line adjustment occurs, it shall not create a
nonconforming situation with regard to a lot or any structures
located on a lot.
E. Minor subdivisions shall not be approved for the same property
granted a minor subdivision within the prior twelve (12) months.
F. Minor subdivisions shall not be approved for the same owner’s
property within 200 feet of property granted a minor subdivision
51
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
A. Generally.
1. Every subdivision developer shall be required to install
improvements in accordance with specifications set forth
in Chapter 6, & as may be supplemented by standards &
specifications established by the City Commission.
2. All utilities, including water, sewer, reuse, electrical, gas,
telephone, cable, etc., shall be routed underground or provided
by wireless means. No above-grade utility routings are allowed.
B. Improvements. The following basic utilities shall be provided to
each lot within a subdivision as provided in Chapter 6:
1. A source of electric power.
2. A telephone service cable.
3. Central potable water. Each lot shall have & maintain central water
service meeting City standards & provided at the developer’s or
property owner’s expense.
4. Central sanitary sewer. Each lot shall have and maintain central
sanitary sewer service meeting City standards & provided at the
developer’s or property owner’s expense.
5. Lines for delivery of reclaimed water to each lot, in compliance with
Technical Standards Manual. Fire hydrants or fire protection
shall be provided as required by the National Fire Prevention
Code. Fire hydrant systems shall be installed & made usable
prior to any combustibles being brought onto the construction
site.
6. Streets & sidewalks designed & constructed for public use,
according to the standards & requirements of Chapter 6.
7. Street signs, markers, & traffic signs & signals to control &
circulate traffic within the street pattern shall comply with the
Florida Uniform Manual of Traffic Control Devices, published
by the FDOT.
8. Street & common area lighting meeting City standards & provided
at the developer’s or property owner’s expense. Decorative
lighting is preferred. Lighting required for safety shall be located
to avoid obstruction between the light fixtures & the area to be
illuminated.
9. Drainage & stormwater management facilities, designed &
constructed, according to the standards & requirements of
Chapter 6.
10. Utility apparatus, such as pumps, valve boxes, switching boxes,
& back-flow devices, placed above ground shall be screened,
according to the standards set forth in Section 4.06.00.
11. Parks & recreation dedication, consistent with the adopted level
of service standard.
12.
Bicycle & pedestrian ways.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
THREE
4.03.04. Requirements for Infrastructure.
SITE DESIGN
STANDARDS
NEXT >
within the prior twelve (12) months.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
2
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
4.04.01. Generally.
A. Purpose. It is the purpose of the planned unit development
overlay (PUD) to provide flexible land use & design regulations &
to permit planned diversification & integration of uses & structures.
The PUD is designed to:
1. Promote more efficient & economic uses of land;
2. Lower development & building costs by permitting smaller
networks of utilities & streets & the use of more economical
building types & shared facilities;
3. Provide for open spaces & common areas & provide usable &
suitably located recreation facilities within the development;
4. Allow the controlled development of land uses most suitable to
the proposed site & surrounding neighborhoods; &,
5. Allow clustering or other innovative designs to protect sensitive
environmental areas within the proposed site.
B. Applicability.
1. A proposal for a PUD overlay district shall be an entirely voluntary
procedure.
2. The minimum area of a PUD overlay district shall be 2 acres.
3. The PUD overlay district shall be permissible within the following
land use districts, except the 1911 Plat overlay district.
a. Low density residential
b. Medium density residential
c. High density residential
d. Commercial
e. Mixed Use
f. Industrial
4. Each PUD shall comply with the uses that are permitted within
the underlying land use district, as identified in Chapter 2,
Table 2.03.02.
C. Ownership.
1. An application shall be filed by the owner or by the authorized
agent of all property included in a PUD project.
2. In the case of multiple owners, the approved final development
plan shall be binding on all owners.
3. Common property in a PUD is a parcel or parcels of land,
together with the improvements thereon, for the shared use
& enjoyment of the owners & occupants & the general public.
a. When common property exists, the ownership of such common
property may be either private or public, & satisfactory
arrangements shall be made for the improvement, operation,
& maintenance of such common property & facilities, including
private streets, drives, service & parking areas, & recreational
& open space areas.
b. A statement of the legal instruments that will be created to
provide for the management of such common properties &
facilities shall be included in the approved final development
plan.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
TWO
4.04.00. STANDARDS FOR PLANNED UNIT DEVELOPMENTS ____________________________________________________________________________________________________
(PUD).
CHAPTER
ONE
4.04.02. Design Standards.
1
A.
Density & intensity standards.
____________________________________________________________________________________________________
Table 4.04.02(A). PUD Density & Intensity Standards.
____________________________________________________________________________________________________
Density Residential
Non-Residential
 Gross Density
(maximum)
 Density based on
the underlying Land
Use District
 Maximum ISR based on the
underlying Land Use District
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
____________________________________________________________________________________________________
< PREVIOUS
Open Space 20% of gross acreage (minimum)
Lot Dimensions
None ____________________________________________________________________________________________________
None
____________________________________________________________________________________________________
52
NEXT >
____________________________________________________________________________________________________
Table 4.04.02(A). PUD Density & Intensity Standards (continued).
____________________________________________________________________________________________________
Density Residential
Non-Residential
10
 Front 9
Conform to the minimum front yard requirements for the district in which the PUD project is located
 Rear 15 feet
 Side 15 feet
Yards, Internal
Distances between structures & yard requirements for structures within the planned unit development shall be determined on an individual basis
____________________________________________________________________________________________________
CHAPTER
EIGHT
 See Table 4.02.02
structures for maximum
building height per district
____________________________________________________________________________________________________
 Height,
accessory structures
 20 ft.  Building
 50% of gross site
area coverage
 25 ft.
6
 Accessory
structures
Accessory structures may be allowed within the
side and rear yards & shall meet the setback requirements established for the PUD.
Buffer A properly maintained landscaped separation
strip, at least fifteen (15) feet in width, shall be provided along all property lines and along all perimeter streets serving the project.
____________________________________________________________________________________________________
5
____________________________________________________________________________________________________
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
B. Open space & recreation. Usable open spaces, plazas, &
recreation areas provided within a PUD shall be evaluated based
on the sufficiency of such areas to:
1. Provide appropriate recreational opportunities;
2. Protect sensitive environmental areas;
3. Conserve areas of unique beauty or historical significance;
4. Provide structure to neighborhood design; &
5. Provide compatible & cooperative relationships between
adjoining land uses.
C. Access. Every dwelling unit or other use permitted in a PUD
should have access to a public street, either directly or by way of a
private road built to City standards, pedestrian way, court or other
area which is either dedicated to public use or is a common area
guaranteeing access. Permitted uses are not required to front on
a dedicated public street.
D. Infrastructure.
1. Off-street parking, for bicycles & other vehicles, as well as cars,
shall be provided, as required by Section 6.05.00.
2. The minimum construction requirements for streets or roads,
sidewalks, water & sewer facilities, other utilities, reuse water
systems, & stormwater drainage shall be in compliance with the
subdivision requirements in the Technical Standards Manual.
3. The PUD development plan shall include adequate public facilities
to serve the proposed project, either on-site or off-site.
PLANNING DEPT.
WEBSITE
Waterfront & Additional setbacks along the waterfront shall be
V-Zone
required, as set forth in Table 4.02.02
____________________________________________________________________________________________________
CHAPTER
ONE
CHAPTER
FIVE
 50% of gross site area
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
Bulk (maximum)
 Height,  30 ft. for single-family
primary structures
structures
 See Table 4.02.02 for
maximum building height
per district
INDICES
8
CHAPTER
SEVEN
____________________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
Yards, Perimeter
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
____________________________________________________________________________________________________
< PREVIOUS
4.05.00. STANDARDS FOR TRADITIONAL NEIGHBORHOOD
DEVELOPMENTS (TND).
____________________________________________________________________________________________________
53
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
THREE
3
CHAPTER
TWO
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
2
1. A TND shall be located within the TND land use category on
the FLUM.
2. The uses within the TND shall be proposed by the applicant
& shall be consistent with the TND land use category in the
Comprehensive Plan.
3. The level of service standards for transportation, water, sewer,
stormwater management, & parks & recreation shall be met
by the TND as a whole.
B. Relationship to the ULDC.
1. A TND shall be processed in the same manner as a PUD.
2. Where there are conflicts between the requirements of this section
with other sections of the ULDC, the TND requirements shall apply.
C. Size.
1. The minimum acreage for a TND is 40 acres.
2. The maximum acreage for a TND is 320 acres.
3. Tracts of land larger than 320 acres may be proposed for TND
projects. Each 320 acre portion of the tract shall be designed
as a complete TND.
D. A TND may be located adjacent to a major arterial, but shall not
be
bisected by a major arterial.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
A. Consistency with the Comprehensive Plan.
FUTURE LAND
USE MAP - 2011
6
4.05.02. Generally.
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
A. It is the intent of the City to provide opportunities for property
owners & developers to achieve creative & innovative site design.
The traditional neighborhood development (TND) standards are
intended to be consistent with concepts of new urbanism. These
concepts allow the development of land uses including residential,
professional office, retail, recreation, open space, & civic uses within
close proximity to one another.
B. The purpose of TND standards is to develop neighborhoods with
the following characteristics:
1. Each designated neighborhood shall have identifiable centers
& edges;
2. Mix of uses, including residential, commercial, civic, & open
space in close proximity to one another within the neighborhood;
3. Mix of housing styles, types, & sizes, from apartments over
storefronts to single-family homes with yards, to accommodate
households of all ages, sizes, & incomes;
4. Integration of parks & public spaces into each neighborhood;
5. Building appearance that reflects typical architectural design
of Northern FL & that enhances the visual character of the
neighborhood;
6. Prominence for civic buildings;
7. Interconnection of street networks, sidewalks, & bikeways;
8. Small lots; &
9. Accessibility of lots to retail & recreation by non-motorized
means.
____________________________________________________________________________________________________
4.05.03. Land Use Categories & Site Design Standards.
A. Land use categories.
____________________________________________________________________________________________________
CHAPTER
ONE
Table 4.05.03(A). Land Use Categories for TND.
1
Permissible Uses
Building Characteristics
Residential Mixture of types, styles &
densities
Home occupations allowed,
as per Section 2.03.03 of
this ULDC
Location
____________________________________________________________________________________________________
May choose to concentrate densities in
central locations or along edges
SITE DESIGN
STANDARDS
____________________________________________________________________________________________________
< PREVIOUS
Neighborhood Maximum 10,000 sq. ft. per
Commercial:
building
Neighborhood
scale retail Maximum 3,000 sq. ft per
shopping, unit.
restaurants, Within ¼ mile of
90% of residents
Adjacent to squares
or plazas;
54
NEXT >
____________________________________________________________________________________________________
Permissible Uses
Building Characteristics
Location
entertainment, office uses & personal services
Single use or a combination of uses wthin
a building Located at corners
concentrated in
centers rather than
strips Community Commercial &
Workplaces: Maximum of 6,000 sq. ft.
per building for community
centers; where multiple
TNDs are proposed up to
ten acres of the community
commercial development
may be in a single center
to exceed 6,000 sq.ft, but
not more than 50,000 sq.ft.
No outdoor storage; no
storage of bulk items or
hazardous materials. No
offsite impacts of glare,
noise, fumes, odor, vibration, particulate matter or
fire hazards.
Located on
contiguous lots &
Multiple TNDs
may have a community center
located to serve an area within ½ mile
of 90% of the residents; one
community center (up to 10 acres)
may be located on the perimeter of a
TND at an arterial.
____________________________________________________________________________________________________
10
FRONT
PAGE
8
INDICES
9
TABLE OF
CONTENTS
CHAPTER
NINE
____________________________________________________________________________________________________
CHAPTER
EIGHT
CHAPTER
TEN
Table 4.05.03(A). Land Use Categories for TND (continued).
CHAPTER
SEVEN
Recreation & Use for a building related to
Public Open
park use to consume no
Space: Active more than 10% of a lot.
or passive Pedestrian or bicycle
recreation uses trails that link to other public
open space & recreational
sites. One square, plaza or
other public space
near the center of
each 40 acres.
CHAPTER
FIVE
5
CHAPTER
CHAPTER
FOUR
FOUR
____________________________________________________________________________________________________
4
____________________________________________________________________________________________________
B. Use categories & site design standards. The uses within the TND shall be proposed
by the applicant, consistent with the allowable uses described within this section.
The required uses & design standards for each use are shown in the following table:
< See Following Chart - Next Page >
PLANNING DEPT.
WEBSITE
Place at street
termination, squares or plazas
FUTURE LAND
USE MAP - 2011
6
Civic: Social, Use architectural institutional or details to establish
Mass Assembly: or enhance visual
Community
quality of the neighborhood
buildings, design
government
offices,
evacuation
shelters, schools,
mass assembly,
religious facilities, clubhouses;
& emergency
facilities
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
____________________________________________________________________________________________________
CHAPTER
THREE
2
CHAPTER
ONE
3
CHAPTER
TWO
____________________________________________________________________________________________________
FOOTNOTES:
See Section 4.05.05
Types of public open space may include green space, parks, playgrounds, plazas or squares.
Heights up to 150 feet may be permissible. A proposal for increased height above 100 ft. shall
include increased setbacks, provision & protection of water views, & a demonstration of a specific
publiic benefit in exchange for the additional height. Increased setbacks shall be, at least, 1 addtional
foot for each foot in height above 100 feet. View protection shall include maintaining water views at
the terminus of streets that end at the water, as well as maintaining water views from common areas
within the development. Water views are considered available when at least 50% of the view area
is clear of obstruction. Public benefits may include common open space on the waterfront, public
access to the water, & scenic views.
4
The setback may be reduced to 5’ only if site specific building plans are provided that address
adequate off-street parking & no 3rd party utility conflicts with City Utilities.
5
An applicant with residential uses over ground floor commercial uses may be allowed less than the
minimum land allocation, if at least 20% of the dwelling units are multifamily.
1
2
3
____________________________________________________________________________________________________
1
< PREVIOUS
4.05.04. Accessory Structures (in TNDs).
A. Generally.
1. Accessory structures & accessory dwelling units shall not exceed
40% of the total square feet of the principal structure.
2. Customary & usual accessory structures may include: garages,
pavilions, arbors, workshops, studios, or storage buildings &
accessory dwelling units, either singly or in combination. Accessory
structures, other than pools, shall be limited to rear yards, provided
that such structures are 5 feet or more from the rear or side property
line. Pools are permissible on single-family & multiple-family lots,
Continued on Page 58>>
55
SITE DESIGN
STANDARDS
NEXT >
< PREVIOUS
56
NEXT >
5
Civic, Social, Institutional, or Mass
Assembly
50
20
10
5
1.0 FAR
1.0 FAR
.5
.5
0
0.5 FAR
0.6 FAR
Maximum
Minimum
0
Maximum
Impervious
Surface
5
75
75
75
(%) each
use as a
whole
90
90
75
Maximum (%) per lot
Floor Area Ratio
11
5
3
Minimum
Density
(Dwelling Units per
Acre)
BTZ
BTZ
N/A
N/A
3
10
N/A
N/A
0
0
10
0
BTZ
BTZ
Side
0
0
5
Side
Front
BTZ
BTZ
BTZ
Front
N/A
154
154
204
154
Rear
201
204
20
4
Rear
(feet)
BTZ=Building to Zone1
Minimum Setbacks
AVERAGE RESIDENTIAL DENSITY
(the average residential density shall include civic, commercial, & residential land uses as a whole.
10
15
0
Workplace
Recreation & Public
Open Space2
20
0
Neighborhood
Commercial
20
35
5
70
70
50
80
Overall
COMMERCIAL,
NON-RESIDENTIAL
55
3
Duplex & attached
single-family
Apartments &
Condominiums
10
35
Minimum Maximum
Land
Land
Allocation Allocation
(%)
(%)
Single-family
detached
RESIDENTIAL,
Overall
Land Use
Table 4.05.03(B). Required Land Uses and Site Design Standards for TND
N/A
254
254
254
54
Alley
Rear
With
254
254
25
4
Alley
Rear
With
N/A
Proposed
buildings shall
not exceed
250% of the
height of adjacent existing
buildings; or
may have one
(1) additional
story, up to
a maximum
of 100 feet.
Additional
height may be
possible. See
Note 3.
Proposed
buildings shall
not exceed
150% of the
height of adjacent existing
buildings; or
may have one
(1) additional
story, up to
a maximum
of 100 feet,
except that
single-family
and duplex
structures
shall not
exceed 40
feet. Additional
height may be
possible. See
Note 3.
Maximum
Building
Height
____________________________________
FOOTNOTES:
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
____________________________________
PLANNING DEPT.
WEBSITE
5
CHAPTER
ONE
Ordinance #2006-857 June, 2008
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
See Section 4.05.05
Types of public open space may include green space, parks,
playgrounds, plazas, or squares.
3
Heights up to 150 feet may be permissible. A proposal for
increased height above 100 feet shall include increased
setbacks, provision & protection of water views, & a demonstration of a specific public benefit in exchange for the
additional height. Increased setbacks shall be at least one
(1) additional foot for each foot in height above 100 feet.
View protection shall include maintaining water views at the
terminus of streets that end at the water, as well as maintaining water views from common areas within the development.
Water views are considered available when at least fifty (50)
percent of the view area is clear of obstruction. Public benefits
may include common open space on the waterfront, public
access to the water, & scenic views.
4
The setback may be reduced to 5’ only if site specific
building plans are provided that address adequate off-street
parking & no 3rd party utility conflicts with City Utilities.
5
An applicant with residential uses over ground floor commercial uses may be allowed less than the minimum land
allocation if at least twenty (20) percent of the dwelling units
are multi-family.
2
FRONT
PAGE
10
CHAPTER
SIX
1
SITE DESIGN
STANDARDS
NEXT >
< PREVIOUS
57
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
5
4.05.05. Specific Site Design Standards.
A. Block design.
1. Blocks in a TND shall meet the following standards:
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
Table
4.05.05(A). TND Block Width & Length Standards.
____________________________________________________________________________________________________
1
< PREVIOUS
____________________________________________________________________________________________________
Block Width Block Length
Maximum
400’ 800’
____________________________________________________________________________________________________
2. Pedestrian easements.
a. For blocks over 500 feet in length, one public crosswalk or
pedestrian access easement, not less than 10 feet wide shall be
provided. The crosswalk or pedestrian easement shall be located
near the center & entirely across the full width of the block. The
purpose of this crosswalk or pedestrian easement is to provide
access to schools, playgrounds, shopping centers, transportation,
& other community facilities, as shown in Figure 4.1.
b. Blocks with more than 3 attached structures shall have a shared
pedestrian access easement to the rear yards.
c. Where single-family residential structures are attached, there
shall be no more than 6 attached units on a single block face.
B. Lot design.
1. There is no minimum lot area or lot width required for lots in a TND.
2. The design of a TND shall include a variety of lot sizes,
considering lot area, lot width, & lot depth. (See Figure 4.2 for an
example of lot arrangements.)
3. All lots shall have frontage on a street, public square, or other
public open space.
4. Any lots fronting a public square or public open space shall have
access to an alley at the rear of the lot.
5. Lot widths should create a relatively symmetrical street cross
section that reinforces the public space of the street as a simple,
unified public space.
6. Rear alleys shall be provided where lots are less than sixty (60)
58
PLANNING DEPT.
WEBSITE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
provided that such structures shall comply with the setbacks
pertaining to the principle structure.
3. Accessory structures shall be included in the impervious surface
calculations for the lot.
B. Nonresidential.
1. The following nonresidential accessory structures are permissible.
Such structures shall be placed within a side or rear yard. Access to
these accessory structures shall be from an alley. In no event shall
these uses be visible from the public right-of-way, other than an alley:
a. HVAC equipment;
b. Loading docks;
c. Outdoor storage;
d. Trash containers;
e. Truck parking; &
f. Utility meters & other similar service functions.
2. Drive-thru service windows & stacking lanes are prohibited
between the principal building & the public street.
C. Accessory dwelling units shall meet the following design
standards:
1. No more than one accessory dwelling shall be permitted on a
single residential lot.
2. An accessory dwelling unit shall not be constructed prior to the
construction of the principal dwelling unit.
3. The accessory dwelling shall be under the same ownership as
the principal dwelling.
4. Exterior construction materials will be the same as, or
substantially similar to, those used on the principal dwelling.
5. An accessory dwelling unit shall be permissible within the
principal dwelling unit as provided in Section 5.01.04 (A).
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
FIVE
Continued from Page 55<<
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
5
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
4
A. The architectural features, materials, & articulation of the façade
of a building shall be continued on all sides visible from a public
street. The decorative facing shall consist of brick, masonry, stone,
or wood.
B. The front façade of the principal building of any lot in a TND shall
face onto a public street, public square, or other public open space.
3
PLANNING DEPT.
WEBSITE
4.05.06. Appearance Standards for Buildings.
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
feet in width.
C. Build-to-Zone (BTZ).
1. The purpose of a build-to-zone (BTZ) is to locate the building
façade close to the street or sidewalk.
2. Building façades along a block face should be aligned to form a
street edge that defines a comfortable public space with sufficient
width for people to walk, to provide a formal landscape using street
trees & furnishings, & to allow for the construction of canopies,
roofs, or balconies that create shade & shield pedestrians from rain.
3. A BTZ shall be established on the development plan or plat.
Once established & approved, all development shall comply with
the BTZ location.
a. The BTZ shall be a minimum of zero feet & a maximum of
20 feet from the property line. A minimum of 75% of the primary
building façade shall be located at the BTZ.
b. A BTZ may be established more than 20 feet from the property
line, only when site constraints such as existing trees or significant
geologic features require it. Where the BTZ is greater than 20
feet, the front yard area shall be landscaped to provide shade for
pedestrians & to establish the street edge.
4. Open porches or outdoor cafes may extend beyond the BTZ &
up to the right-of-way line.
5. Arcades, awnings, balconies, galleries, & projecting signs may
extend beyond the BTZ, & into the right-of-way, provided that the
following design standards are met:
a. The minimum height above the right-of-way shall be 10 feet
from the bottom edge of the structure to the paved surface or
the sidewalk.
b. There shall be 6 feet of unobstructed sidewalk width & land
area for any required landscaping.
c. There shall be no overhang beyond the outer edge of the
sidewalk or street curb.
6. Where residential units are constructed to the minimum of the
BTZ, the level of the 1st floor shall be raised above the level of the
street
to provide privacy & visual separation.
____________________________________________________________________________________________________
C. Each principal building on a site shall have clearly defined, highly
visible entrances featuring at least one of the following:
1. Arcades;
CHAPTER
TWO
2. Arches;
2
3. Awnings;
4. Porticos;
5. Cupolas;
CHAPTER
ONE
6. Galleries;
7. Overhangs;
1
8. Porches;
9. Colonnades;
10. Recesses or projections (see Figure 4.3);
SITE DESIGN
STANDARDS
11. Raised corniced parapets over the door;
12. Architectural details (such as tile work & molding) which are
integrated into the building structure & design; &
< PREVIOUS
13. Integral planters or wing walls that incorporate landscaped
areas or places for sitting.
59
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
3
CHAPTER
ONE
CHAPTER
TWO
4
2
2. The circulation system will provide the following interconnections:
a. Among uses within a neighborhood;
b. Between multiple TNDs; &
c. With the external transportation network.
PLANNING DEPT.
WEBSITE
5
B. Layout.
1. The circulation system shall be designed to:
a. Secure the view of prominent natural vistas or a created vista
as a termination point or gateway to another area;
b. Provide a complete range of streets & roads, sidewalks,
motorized & non-motorized trails & alleys that allow users to
select various routes;
c. Provide an alternative to trips by motorized vehicle only;
d. Use on-street parking & streetscape to separate the driving
lanes from pedestrians on sidewalks or trails;
e. Include traffic roundabouts, squares, or plazas within the
system.
FUTURE LAND
USE MAP - 2011
6
A. A circulation system shall be designed for each neighborhood
development & shall include streets, sidewalks, pedestrian
easements, & pedestrian & bicycle trails. This circulation system will
be based, to the extent possible, on a grid type network connecting
all uses & areas. Properties that cannot achieve a grid network due
to waterfront locations may include circle drives & limited cul-desac streets. Cul-de-sacs are only permissible when the view of the
water at the terminus of the street is maintained.
CELL TOWER
ORDINANCE
7
CHAPTER
THREE
4.05.07. Streets & Alleys.
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
D. Corner buildings shall have corner entrances whenever possible.
E. The ground floor of all buildings shall be designed to encourage
& complement pedestrian activity by the use of windows & doors
arranged as follows:
1. Not less than 60% of the total surface area of the front facade
shall be public entrances and windows, including retail display
windows, for nonresidential uses.
2. Windows shall be transparent, not mirrored or tinted dark.
3. Solid walls shall not exceed 20 feet in length.
4. Street level retail uses with sidewalk frontage shall provide an
entrance to the building from the sidewalk, in addition to any
other access that may be provided to the building.
F. Where a residential lot contains a front facing garage, the garage
shall be setback a minimum of 4 feet behind the front lateral of the
principal structure.
G. Buildings shall be compatible, based on similarities in height,
density,
dimensions, & orientation.
____________________________________________________________________________________________________
3. Arterial roadways may be located adjacent to a TND, but shall
not bisect the TND.
C. Design guidelines. The following design standards are provided to
guide the establishment of street types, pavement widths, sidewalks,
& rights-of-way. Minor deviations from this table may be allowed as
long
as they are consistent with generally accepted TND guidelines.
____________________________________________________________________________________________________
Table
4.05.07(C). TND Street Design Standards.
____________________________________________________________________________________________________
Street
Elements:
1
Main
Streets
(feet)
Street Design Standards
Boulevards Neighborhood
(feet)
Streets (feet)
Neighborhood
Lanes (feet)
Alleys
(feet)
____________________________________________________________________________________________________
Min.
Max. Min.
Max. Min.
Max
Min.
Max
R-O-W
Range
60
80 70
80 50
60
40
55
14
24
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
No. of
Travel
Lanes
2
2
2
1
2
1
2
____________________________________________________________________________________________________
< PREVIOUS
Width of
Lane
11
12 11
12 11
12
11
12
10
11
____________________________________________________________________________________________________
60
NEXT >
Table
4.05.07(C). TND Street Design Standards (continued).
____________________________________________________________________________________________________
CHAPTER
TEN
Neighborhood
Lanes (feet)
Alleys
(feet)
____________________________________________________________________________________________________
Min.
Max.
Min.
Max.
Min.
Max
Min.
Max
____________________________________________________________________________________________________
No. of
Parking
Lanes 2
2
1
2
1
0
0
___________________________________________________________________
Parallel
Parking
Lane
8
10 8
9 8
8.5
8
8
0
0
____________________________________________________________________________________________________
Diagonal
Parking
Lane
17
18 17
18 NA
NA
NA
NA
NA
NA
___________________________________________________________________________________________________________________
8
Sidewalks Both sides Both sides Both sides
One side
None Required
Sidewalk
Width ____________________________________________________________________________________________________
5
8 5
8
6
5
6
0
0
CHAPTER
SEVEN
NA
6
10
6
10
6
8
4
5
6
10
____________________________________________________________________________________________________
Planting
Strip
6
10
6
6
5
6
0
0
____________________________________________________________________________________________________
Curb
Radius
15
10 15
10 6
10
No curb required
____________________________________________________________________________________________________
Design
Speeds
(mph) 25
25
30
15 25
15
20
15
20
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
4.05.08. Streetscape Requirements. The following elements shall
be provided along all streets (see Figure 4.4 for example):
A. Street trees.
1. Trees shall be planted at average intervals of 35 feet on center,
using existing trees, where possible.
2. Trees shall be selected using Table 4.06.05 of the ULDC.
3. Where rights-of-way are provided on both sides of the street, the
trees shall be provided on both sides. Trees may be staggered
on alternate street-sides.
4. Street medians shall be landscaped with understory trees,
shrubs, & plants; landscaped areas may include public art or
architectural features.
B. Sidewalks.
1. The sidewalk shall conform to the standards shown in Table
4.05.07(C).
2. Sidewalks shall be constructed within the right-of-way.
3. Sidewalks may meander where required to save existing natural
features or vegetation.
4. All sidewalks shall be paved.
C. Planting strip.
1. Planting strips shall be provided as shown in Table 4.05.07(C).
2. A planting strip (easement or right-of-way) shall be provided
for streetlights, street trees, & street furnishings adjacent to the
sidewalk.
3. The planting strip may also contain the following:
a. Outdoor seating;
b. Bicycle parking;
c. Trash cans;
d. Newspaper vending machines or newsstands;
e. Water fountains;
f. Public art; or
g. Kiosks.
4. Street furniture within the utility strip shall be designed to
complement the predominant architectural style of principal
61
PLANNING DEPT.
WEBSITE
5
CHAPTER
ONE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
7
Pedestrian
Easement
(Optional)
CELL TOWER
ORDINANCE
5
____________________________________________________________________________________________________
INDICES
CHAPTER
EIGHT
Boulevards Neighborhood
(feet)
Streets (feet)
TABLE OF
CONTENTS
9
Street Design Standards
Main
Streets
(feet)
FRONT
PAGE
10
CHAPTER
NINE
Street
Elements:
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
TABLE OF
CONTENTS
9
FRONT
PAGE
10
buildings, based on materials, color, architectural period, &
architectural design features.
D. Parking strip.
1. Each street shall have a parking strip as shown in Table
4.05.07(C).
2. The parking strip shall be provided adjacent to the driving lanes.
Parking may be either parallel or diagonal.
E. Lighting.
1. The maximum height of decorative lighting shall be 22 feet.
2. The maximum spacing for street lights shall be 75 feet.
3. Exterior lighting for parking areas & building security shall
be shielded & directed to avoid direct illumination of adjacent
properties.
____________________________________________________________________________________________________
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
4.05.10. Signage.
A. Signs shall meet the design standards set forth in this section in
addition to the sign standards in the ULDC.
B. Signs shall be consistent with the style, color, material, & finish
of the principal buildings on the site.
C. Signs shall include the predominant color of the building, with no
more than 3 different colors allowed on the sign face.
D. Any freestanding or ground-mounted sign shall be located
perpendicular to the street.
E. Multiple tenant buildings or shopping centers shall have a unified
sign design (see Figure 4.5).
F. Lighting for signs shall be shielded to avoid lighting which is
directed toward motorists or which directly illuminates adjacent
properties.
G. The maximum height of freestanding or ground-mounted signs
is 12 feet.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
A. Tree protection.
1. Tree protection standards set forth in Section 4.06.05 of the
ULDC are applicable to a TND development.
2. Within a TND, required open space & required streetscape
shall be counted toward meeting the minimum requirements for
landscaping & buffering.
B. Buffers.
1. Buffers shall be used on the perimeter of the TND along
roadways, according to the standards established in Section
4.06.00.
2. Buildings shall be setback a minimum of 30 feet from any lands
designated as Conservation on the Future Land Use Map, in
order to provide a protective buffer adjacent to environmentally
sensitive lands.
3. Existing vegetation, other than prohibited plants, shall be
retained in any required buffer area.
____________________________________________________________________________________________________
INDICES
8
CHAPTER
ONE
4.05.09. Landscaping & Tree Protection.
4.05.11. Public Open Space.
A. Public open spaces shall be those areas that can be used for
play, recreation, social, or cultural activities. These uses shall include
both active & passive recreation sites. Retail recreation shall not be
counted toward the public open space requirement.
B. Public open space within the TND shall be an integral part of the
neighborhood rather than an isolated element.
1. Open space, public parks, & civic uses shall be connected
to each other & to residential areas thru the use of sidewalks,
pedestrian easements, or trails.
2. A public park, playground, plaza, or square shall be
located within one-fourth (¼) mile of 90% of the residential
properties.
3. Parks, plazas, squares, & pedestrian easements shall
be located to provide transitions between dissimilar uses.
C. Permitted uses of public open space include the following:
62
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
5
4.05.12. Parking Standards.
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
1. Conservation of natural, archaeological, or historical resources;
a. Existing healthy, native forests, provided that the area is a
minimum of one (1) contiguous acre;
b. Scenic vistas such as shorelines, bodies of water, or other
features, particularly those that can be seen from public roads;
c. Prime agricultural lands of, at least, 5 acres contiguous area; or
d. Open fields & meadows, wetlands, or wildlife corridors.
2. Walking or bicycle trails that connect the open space to residential
areas & other public spaces;
3. Parks, playgrounds, plazas, or squares;
4. Active recreation uses are permissible, provided such uses meet
the following standards:
a. The recreation area may contain play fields, restrooms,
concession stands, or bleachers, but shall not exceed seventy
(70) percent of the total open space;
b. The recreation uses shall be located outside any designated
conservation areas;
c. Impervious surfaces within the recreation area shall not exceed
5% of the designated recreation area;
d. Lighting shall be shielded & directed to avoid illumination of
adjacent properties;
e. Parking areas may include up to 50% grass or other stabilized,
dust free, unpaved surfaces, provided that all driveways & aisles
shall be paved; &
f. Paved parking areas shall be designed with pervious pavement,
turf block, or other similar materials.
D. A golf course shall not be included within calculations of required
public open space. A golf course is permissible, provided that it is
located at the perimeter of the TND.
E. Landscaped medians, private yards, planting strips, & stormwater
facilities shall not be included within calculations of required public
open
space.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
1. Parking areas shall be located on the street & in side & rear
yards. Parking lots shall not abut street intersections, public
squares, parks, or occupy lots which terminate a street vista.
2. Handicapped parking shall be allowed between the front façade
& the abutting street.
3. The minimum number of parking spaces shall be determined
thru a parking study, prepared pursuant to the requirements of
Section 6.05.13 of the ULDC. The parking study shall document
the parking needs of buildings & uses to be served by the parking
lot, including documentation of pedestrian access.
4. The number of parking spaces shall not exceed the parking
standard set forth in Section 6.05.06 of the ULDC.
5. Parking & loading areas shall comply with the design guidelines
set forth in Section 6.05.00 of the ULDC.
6. Parking lots shall be landscaped, as provided in Section 4.06.04
of the ULDC.
7. Parking garages may be constructed, provided that the structure
complies with the building appearance standards set forth in
Section 4.05.06.
8. Shared parking areas shall comply with the requirements of
Section 6.05.13(C).
B. Bicycle parking.
1. Bicycle parking facilities shall be provided for all public, civic,
commercial, office, other nonresidential, & mixed use buildings at
one (1) space per 10,000 square feet of building area.
2. Facilities shall be designed to allow each bicycle to be secured
against theft.
3. Facilities shall be designed & installed to resist removal.
4. Facilities shall be designed & installed to resist damage by rust,
63
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
A. Vehicle parking.
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
THREE
3
CHAPTER
TWO
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
2
1
4.06.00. STANDARDS FOR LANDSCAPING, BUFFERS, & TREE
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
A. Unified control. A TND requires unified control of the
development site. Unified control requirements are as follows:
1. All land included in the TND shall be under single ownership,
or if under multiple ownership, a joint application for site plan
& land use amendment shall be submitted.
2. The master development plan, once approved by the City, shall
be binding on all current & future owners.
3. Responsibility for unified control may be assigned to an individual
or an entity such as a homeowners’ association, provided that
proposed homeowners’ association documents are submitted
demonstrating that appropriate controls are in place following
transfer of management responsibility.
4. Common property in a TND includes a parcel or parcels of
land, together with the improvements thereon, for the shared
use & enjoyment of the owners & occupants &/or the general
public. When common property exists, the ownership of such
common property may be either private or public, & satisfactory
arrangements shall be made for the improvement, operation,
& maintenance of such common property & facilities, including
private streets, drives, service & parking areas, & recreational &
open space areas. Proposed legal instruments that will provide
for the management of such common properties & facilities shall
be submitted with the application for a land use amendment &
site plan approval. Approval of the site plan shall include the
condition that such documents are properly recorded.
B. Master development plan requirements.
1. A master development plan shall accompany the application
for a land use amendment to TND. The master development
plan shall comply with the requirements set forth in Chapter
10 of the ULDC.
2. The master development plan shall demonstrate compliance
with the standards & criteria set forth for TNDs. Minor
deviations from the standards, set forth in this section,
are permissible only where necessary to address physical
conditions of the site.
3. Upon approval of the TND, the site design & development
standards of the master development plan control all future
development & use within the TND.
4. Building permits & public improvements shall not be
authorized or installed for any TND until final approval has
been granted for the land use change, including approval of
the master development plan.
5. Amendments. Procedures for modifications to an approved
TND are set forth in Section 10.06.00 of the ULDC.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
4.05.14. Development Plan Requirements.
INDICES
8
A. Central water & central sewer are required for a TND.
B. Cable, electric, & telephone lines shall be installed underground
or
located within alleys.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
CHAPTER
ONE
4.05.13. Public Utilities.
FRONT
PAGE
10
corrosion, or vandalism.
5. Facilities shall accommodate a range of bicycle shapes & sizes
& allow easy locking without interfering with adjacent bicycles.
6. Facilities shall be located so as not to interfere with pedestrian
or vehicular movement.
7.
Bicycle parking may be shared by tenants occupying 1 building.
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
PROTECTION.
____________________________________________________________________________________________________
4.06.01. Generally.
< PREVIOUS
A. Applicability.
1. Any residential development for which a development order must
be granted shall meet the requirements of this section.
64
NEXT >
CHAPTER
THREE
3
CHAPTER
TWO
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
2
1
< PREVIOUS
65
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
A. Generally. All landscaped areas required by this section shall
consider the following general elements:
1. Integrate the proposed development into existing site features thru
consideration of existing topography, hydrology, soils, & vegetation.
2. Integrate the functional elements of the development plan,
particularly the drainage systems & internal circulation systems for
vehicles and pedestrians, into the landscaping plan.
3. Minimize potential erosion thru the use of ground covers or any
other type of landscape material that aids in soil stabilization.
4. Preserve & use existing native vegetation to meet landscaping
requirements.
5. Enhance the visual environment thru the use of materials that
achieve variety with respect to seasonal changes, species of living
material selected, textures, colors & size at maturity.
6. Consider the aesthetic & functional aspects of vegetation, both
when initially installed & when the vegetation has reached maturity.
7. Newly installed plants shall be placed at intervals appropriate to
the size of the plant at maturity, & the design shall use short-term
& long-term elements to satisfy the general design principles of this
section over time.
8. Enhance public safety & minimize potential negative impacts.
9. Provide windbreaks, channel wind, & increase ventilation within
the site.
10. Maximize the shading of streets & vehicle use areas.
B. Landscape plants & vegetation. A combination of trees, shrubs,
& groundcover materials will be selected from the list in Table
4.06.05 to satisfy the landscape buffer & vehicular use landscaping
requirements of this section.
1. Preservation of native vegetation.
a. The native shrubs & ground cover occurring on the site may be
used to satisfy the landscape buffer & vehicular use landscaping
requirements of this section provided that the desired screening
effect is maintained according to the landscape illustrations in
Figures 4.6 thru 4.9.
b. Existing trees, other than prohibited species, which are 4 inches
DBH or larger, may be counted toward meeting the requirements
for trees to satisfy the requirements of this section.
2. Forty (40) percent of the total number of new individual plants
used to satisfy the requirements of Section 4.06.02 shall be selected
from the recommended native species in Table 4.06.05.
3. The remaining 60% of the landscape material shall be composed
of native or other species, except those species listed as “Prohibited
plants” in Section 4.06.02(B)(4).
4. Prohibited plants. The following plants shall not be installed as
landscape material:
a. Chinaberry
b. Kudzu
c. Mimosa
d. Popcorn tree (Tallow Tree)
5. If the landscape designer or developer requests plant material that
is not listed in Table 4.06.05, it shall be the designer’s responsibility
to demonstrate that the requested material meets the specifications
required within Section 4.06.02 & is suitable for the climate &
location.
C. Installation of plants.
1. All plants shall be healthy & free of diseases & pests, & shall be
selected from the list of approved species in Table 4.06.05.
TABLE OF
CONTENTS
9
CHAPTER
ONE
4.06.02. Specifications for Landscaping & Vegetation.
FRONT
PAGE
10
2. All nonresidential developments shall comply with the requirements
of this section for landscaping, buffers, & tree protection.
B. Exemptions. All lots or parcels of land used for a single-family
residence shall be exempt from all provisions of the regulations in
Section
4.06.00.
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
2. Plants shall be installed during the period of the year most
appropriate for planting the particular species. If compliance
with this principle requires that some or all of the landscaping be
planted at a time after the issuance of a certificate of occupancy,
the developer shall post a performance bond sufficient to pay the
costs of the required, but not yet installed, landscaping before the
certificate shall be issued.
3. Landscaping shall be protected from vehicular & pedestrian
encroachment by means of raised planting surfaces, depressed
walks, curbs, edges, or wheel stops.
4. Landscaping shall not interfere, at or before maturity, with power,
cable television, or telephone lines, sewer or water pipes, or any
other existing or proposed overhead or underground utility service.
5. Mulches shall be a minimum depth of 2 inches; plastic surface
covers shall not be used.
6. All plants shall be Florida No. 1 or better, as identified in Grades
& Standards for Nursery Plants, FL Department of Agriculture.
a. Canopy trees shall be a minimum of 4 inches DBH & 6 feet in
height. A minimum planting area of 400 square feet shall be
provided for each canopy tree. No planting strip shall be less
than 10 feet in width.
b. At the time of installation, understory trees shall be at least four
(4) inches DBH in size & 6 feet in height. Understory trees shall
be planted with a minimum planting area of 200 square feet. The
minimum planting width within a planting strip shall be 6 feet.
Multi-stem trees shall be at least 6 feet in height, but shall not
be required to meet the minimum DBH requirement.
c. Shrubs shall be planted at intervals of no less than 3 feet
measured on center nor greater than 5 feet measured on
center. Installed height of shrubs shall be at least 18 inches. If
a continuous hedge is required, the shrubs shall be installed in
a double-staggered row.
d. All plants shall be installed according to industry-accepted
horticultural standards.
D. Maintenance of landscape materials.
1. All required plants shall be maintained in a healthy, pest-free
condition. Maintenance shall include, but not be limited to, watering,
tilling, fertilizing & spraying, mowing, weeding, removal of litter &
dead plant material, & necessary pruning & trimming.
2. All landscaped areas shall be provided with an appropriate
irrigation system that conforms to the Technical Standards Manual.
3. Required landscape materials that become diseased or die shall
be
replaced not later than 3 months following the loss of the plant.
____________________________________________________________________________________________________
4.06.03. Buffer Requirements.
A. Purpose. A buffer zone is a landscaped strip along parcel
boundaries that serves as a buffer between incompatible uses,
between land use districts, as an attractive boundary of the parcel
or use, and as a buffer between structures & the waterfront or
shoreline of waters of the state.
B. Applicability. Parcels within a PUD or a TND shall meet the
requirements as specified in Section 4.04.00 and Section 4.05.00.
C. Generally.
1. The width & degree of vegetation required depends on the nature
of the adjoining streets & uses. These buffer standards are set forth
in Table 4.06.03(D) & 4.06.03(E).
2. The planting requirements for buffer zones are set out in Figures
4.6 thru 4.9 & illustrate the number of plants required per 100 linear
feet.
3. To determine the number of plants for each 100 linear feet
or portion thereof, divide the length of each side of the property
requiring a buffer by 100 & multiply by the number of plants shown
in the illustration.
4. Buffering for mixed use developments shall be based on the more
intense use in the building or cluster of buildings. For example,
66
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
4
Arterial
Collector
Local
____________________________________________________________________________________________________
Low density residential C
Medium density residential C
High density residential C
Mixed use C
Commercial
B
Public/Institutional C
Industrial D
Neighborhood commercial C
Recreation/Open space A
Conservation N
TND B
A
B
A
C
A
B
A
B
A
B
A
D
D
B
A
A
A
N
N
As provided in Section 4.05.09
___________________________________________________________________
N = No buffer required
2. Arterial & collector streets are shown in the Transportation
Element of the Comprehensive Plan. They include the following:
a. Arterials include: SR 77, CR 389 (portion), SR 390 (portion)
& Transmitter Rd.
b. Collectors include: CR 390 (portion), CR 389 (portion),
Jenks Avenue, & Baldwin Rd.
E. Standards for abutting parcels.
1. The standards of this section shall be applied between abutting
parcels as shown in Table 4.06.03(E).
____________________________________________________________________________________________________
Table
4.06.03(E). Buffer Standards for Abutting Parcels.
____________________________________________________________________________________________________
Buffer Standards
____________________________________________________________________________________________________
CHAPTER
THREE
2
CHAPTER
ONE
3
CHAPTER
TWO
Proposed
Devlpmnt
LDR
MDR
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
Proposed Use
CELL TOWER
ORDINANCE
7
Abutting Street
____________________________________________________________________________________________________
INDICES
8
CHAPTER
CHAPTER
FOUR
FOUR
Table
4.06.03(D). Buffers Along Streets.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
FRONT
PAGE
10
where a commercial use and residential use are combined either
in a building or a cluster of buildings, the buffer shall be selected
based on the proposed commercial use. The buffer requirements
shall be applied to the perimeter of the site; these requirements do
not apply between buildings or uses on the same site.
5. No accessory structures, garbage, trash collection points,
receptacles, or parking shall be permitted in any required
landscape area. This does not prohibit a combination of compatible
functions such as passive recreation, landscaping, & drainage
facilities, provided the visual screening effect is maintained.
D. Standards for abutting streets.
1. The standards in Section 4.06.02 shall be applied along abutting
streets
as shown in Table 4.06.03(D) below.
____________________________________________________________________________________________________
Adjacent or Abutting Land Use District
HDR
MU
C
P/I
IND
R/OS
CON TND
____________________________________________________________________________________________________
LDR MDR
HDR MU C
P/I IND C-1 R/OS CON TND N
A
B
B
C
C
D
B
N
A
A
A
B
B
C
C
D
B
N
B
B
B
A
B
C
C
D
A
B
B
B
B
B
A
A
B
C
A
A
B
C
C
C
A
A
A
B
A
B
C
C
B
B
B
B
A
B
A
B
C
D
D
D
D
C
C
A
D
D
D
B
B
B
B
A
A
A
A
N
B
B
B
A
A
A
A
D
N
N
B
N
N
N
N
N
N
N
N
N
N
Buffers shall be provided along the perimeter of the TND as provided in Section 4.05.00
________________________________________________________________
N = No buffer required
1
< PREVIOUS
Buffers A – D are shown in Figures 4.6 thru 4.9.
2. Buffers between adjacent nonresidential uses may be averaged.
The calculation of an average buffer shall be based on the width of
the buffer at each end & at two (2) points that are one-third (1/3) of
the distance from the end point of the line. In no case shall a buffer
be
less than five (5) feet in width.
____________________________________________________________________________________________________
4.06.04. Landscaping Requirements for Vehicle Use Areas.
A. All vehicle use areas containing more than 1,000 square
feet shall be landscaped, in accordance with Figures 4.10 &
67
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
68
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
A. Conditions for tree removal.
1. It is the intent of this section to minimize the removal of protected
trees.
a. The developer shall take reasonable measures to design
& locate the proposed improvements so that the number
of protected trees to be removed is minimized.
b. No historic, specimen, champion, or heritage tree shall
be removed from a site, except as expressly granted in
Table 4.06.05(D).
2. One or more of the following conditions shall be demonstrated by
the developer, prior to issuance of a tree removal permit:
a. A permissible use of the site cannot reasonably be
undertaken unless specific trees are removed or relocated.
b. The tree is located in such proximity to an existing or
proposed structure that the safety, utility, or structural
integrity of the structure is materially impaired.
c. The tree materially interferes with the location, servicing,
or functioning of existing utility lines or services.
d. The tree creates a substantial hazard to motor, bicycle
or pedestrian traffic by virtue of physical proximity to traffic
or impairment of vision.
e. The tree is diseased, insect ridden, or weakened by age,
abuse, storm or fire & is likely to cause injury or damage to
people, buildings, or other improvements.
f. Any law or regulation requiring the removal.
B. Exempt activities. The following uses & activities shall be exempt
from the tree protection requirements provided in Section 4.06.05.
1. Tree removal by authorized communication, water, sewer,
electrical, or other utility companies; or, federal, State, County or
City agencies; or, engineers or surveyors working under a contract
with such utility companies or agencies, provided that the removal
is limited to those areas necessary for:
a. maintenance of existing lines or facilities;
b. construction of new lines or facilities, in furtherance of
providing utility service to its customers; &,
c. the activity is conducted so as to avoid any unnecessary
removal; &
d. in the case of aerial electrical utility lines, the area is
necessary to achieve safe electrical clearance, as specified
by the National Electrical Safety Codes.
2. All pruning & trimming shall be done, in accordance with National
Arborist Association Standards.
3. Written notice of the tree removal shall be provided to the City
five (5) days prior to the removal, except that when the removal is
needed to restore interrupted service under declared emergency
conditions, no prior notice is required.
4. Clearing of rights-of-way for existing or new roadway rights-of-
CELL TOWER
ORDINANCE
7
4.06.05. Requirements for Trees & Tree Protection.
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
4.11. Figure 4.10 identifies the areas of landscaping that may
be counted toward fulfilling the vehicle use area landscaping
requirement.
B. Proportional amounts of landscaping shall be provided for
fractional areas.
C. Landscaping shall constitute twenty percent (20%) of vehicle
use areas. Landscaping as shown in Figure 4.11 shall be provided
for every 4,800 square feet of paved parking & access area.
D. Wherever the principal structure on a site abuts a vehicle use
area on the same site, a buffer zone between the vehicle use
area & the principal structure shall be provided. The required plant
materials per 100 linear feet of building shall be 1 understory or
small street tree & 5 shrubs. The plant material may be ground
planted or placed in planter boxes or large planters. If ground
planted, the buffer zone will count towards the 20% vehicle use
area requirement.
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
Table
4.06.05(D). Officially Designated Trees.
____________________________________________________________________________________________________
Designated Trees
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
Historic: Historical interest & value to the City Commission
City because of the location or
historical association with the
____________________________________________________________________________________________________
community
1
Specimen: Based on type, size, age or
City Commission
____________________________________________________________________________________________________
other relevant criteria
Champion: Largest of its species within State Division
the State or United States of Forestry, or the American Forestry Assn.
____________________________________________________________________________________________________
Heritage: DBH of at least thirty (30)
inches, or circumference of
7 feet, 10 inches, whichever
____________________________________________________________________________________________________
dimension is less.
PLANNING DEPT.
WEBSITE
5
Value
Officially Designated By
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
TWO
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
way, provided that the rights-of-way are:
a. for existing roadways that are built, in conformance with City
standards; or
b. for new roadways that will be built, in conformance with City
standards.
i. To qualify for the exemption for new roadways, the developer
shall post a bond, letter of credit, cash, or other security
guaranteeing the repair or replacement of the roadways in
accordance with Section 10.05.00.
ii. The width of the path shall not exceed the right-of-way width
standards for each type of roadway established by the City.
5. All commercial nurseries, botanical gardens, tree farms & grove
operations for those trees & sites which were planted or managed
for silvicultural or agricultural purposes, or for the sale or intended
sale in the ordinary course of business.
6. During emergencies caused by hurricanes or other natural
disasters, the City Manager may suspend these tree protection
regulations.
C. Protected trees. Protected trees shall include all trees listed in
Table 4.06.05 that are a minimum of 8 inches DBH.
D.
Historic, specimen, champion, & heritage trees.
____________________________________________________________________________________________________
No historic, champion, heritage, or specimen tree shall be removed
without a finding by the City Manager that the tree is a hazard or that
it is not economically or practically feasible to develop the parcel
without
removing the tree.
____________________________________________________________________________________________________
1The City Commission shall hold a public hearing, with due notice given to the owner
of the tree, prior to the official designation.
____________________________________________________________________________________________________
1
< PREVIOUS
E. Replacement trees.
1. Trees removed pursuant to Section 4.06.05(A) shall be replaced
at the expense of the developer.
2. Each removed tree shall be replaced with new trees having a
total DBH equivalent to that of the removed tree.
3. Single-trunk replacement trees shall be a minimum of 2 inches
DBH & a minimum of 6 feet overall height.
4. A replacement tree may be a tree moved from 1 location to
another on the site.
5. If the applicant demonstrates to the satisfaction of the City
Manager that the site cannot accommodate the total number of
required replacement trees as a result of insufficient planting area,
the applicant shall provide either a monetary contribution to the tree
69
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
70
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
protection & related expenses trust fund or plant the excess trees
at a City-approved location within the City limits. If the monetary
contribution is the selected option, the amount of such contribution
shall be determined as follows:
a. For every 2 inches DBH, or fraction thereof, of required
replacement trees, the contribution shall be equal to the retail
value of a planted 2 inch DBH nursery grown laurel oak tree.
b. The retail value shall be calculated by taking the average of
the median current wholesale price, published by North Florida
nurseries, for a container grown, balled & burlapped, 2 inch
DBH laurel oak tree, multiplied by 2.
c. The retail value shall be recalculated & adjusted annually
on October 1.
6. Any replacement tree, planted for credit, which dies within 1 year
of planting, shall be replaced by a tree with a minimum of 4 inches
DBH at the time of planting.
7. Removed protected trees shall be replaced using a tree listed
in Table 4.06.05.
F. Street trees.
1. The developer shall plant, within 5 feet of the property line
within a residential development, 1 shade tree for every 50 linear
feet of right-of-way.
2. Except where property on 1 side of the right-of-way is not
owned by the developer, the trees shall be planted alternately
on either side of the street.
3. Trees planted within a space of 15 feet of either side of
overhead or underground utilities shall be selected from the
approved small tree list in Table 4.06.05.
4. The trees shall be a minimum overall height of 6 feet to 8 feet
at the time of planting.
5. Trees which can be planted in areas 15 feet or more from either
side of overhead or underground utilities, or on the opposite side
of the street from the overhead or underground utilities, shall be
selected from the approved list of canopy trees in Table 4.06.05
& shall be at least 8 feet in height at the time of planting.
6. Trees shall be installed, according to industry accepted
horticultural standards.
7. Existing trees & native tree species that need less water &
maintenance are preferred.
8. Street Trees shall be selected from the list of Small Trees in
Table 4.06.05.
G. Tree protection zone.
1. To ensure the health & survival of protected trees that are not to
be removed, the developer shall avoid the following kinds of tree
injuries during all development activity:
a. Mechanical injuries to roots, trunk, & branches;
b. Injuries by chemical poisoning;
c. Injuries by grade changes;
d. Injuries by excavations; &
e. Injuries by paving.
2. A circular tree protection zone shall be established around each
protected tree as follows:
a. If the drip line (see Figure 4.12) is less than 6 feet from the
trunk of the tree, the zone shall be that area within a radius of 6
feet from the trunk of the tree.
b. If the drip line is more than 6 feet from the trunk of the tree,
but less than 20 feet, the zone shall be that area within a radius
of the full drip line around the tree.
c. If the drip line is 20 feet or more from the trunk of the tree, the
zone shall be that area within a radius of 20 feet around the tree.
3. Barricade for tree protection zone.
a. Prior to the commencement of construction, the developer
shall enclose the entire tree protection zone with a fence or
similar barrier.
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
Table
4.06.05. Landscape Trees & Plants.
____________________________________________________________________________________________________
Canopy Trees Understory Trees
Small Street Trees**
CHAPTER
TWO
CHAPTER
SIX
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
1
< PREVIOUS
Ashe Magnolia
Crab Apple
Crape Myrtle
Flatwoods Plum
Fringe Tree
Glossy Privet
Hawthorns
Hoptree
Loquat
Myrtle Oak
Red Buckeye
Rusty Blackhaw
Silky Camelia
Silverbell
Wax Myrtle
Yaupon Holly
71
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
American Beech* American Holly* Cabbage Palm* American Snowbell*
Cucumber Tree* Blue Beech* Florida Elm* Catalpa* Live Oak* Cherry Laurel* Mockernut Hickory* Chinquapin* Pignut Hickory* Dahoon Holly* Red Bay* Dogwood* Red Maple* Fringetree * Shumard Oak* Hop Hornbeam* Southern Magnolia* Pagoda Dogwood* Sweet Gum* Redbud* Sycamore* Red Mulberry* Tupelo Gum* River Birch* Winged Elm* Sassafras* Yellow Popular* Service Berry* Bald Cypress Silverbell*
Eastern Red Cedar Sparkleberry*
Laurel Oak Sourwood*
Pecan Crabapple
Southern Red
Cedar Crape Myrtle
Water Oak 1
Fringe Tree, Chinese
Ash, White
Goldenrain Tree
Basswood Hawthorn
Cedar, Atlantic
White Hornbeam
Cottonwood Loquat
Cypress, Pond Magnolia, Oriental
Loblollybay 1
Pear, Bradford
Maple, Florida
Plum, American
Mulberry, Red
Plum, Wild
1
Oak, Post
Rusty Blackhawk
1
Oak, Southern Red 1
Oak, Swamp
Chestnut
1
Oak, White
Palm, Pindo
Persimmon
Pine, Longleaf
1
Sweetbay
Tupelo, Water
1
Walnut, Black
FUTURE LAND
USE MAP - 2011
6
CHAPTER
FIVE
_____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
b. Posts shall be wooden, or similar material, measuring 1 ½
inches by 3 ½ inches.
c. Posts shall be implanted in the ground deep enough to be
stable & with at least 3 feet visible above ground.
d. The protective posts shall be placed not more than 6 feet apart
& shall be linked together by a rope or chain.
4. Permitted activities within the tree protection zone.
a. Tunneled utility lines may be placed beneath tree roots, in order
to protect feeder roots, rather than trenched.
b. Trenching by authorized utilities shall be allowed except where
the trees are historic, specimen, champion or heritage trees,
which will be tunneled.
c. Placement of sod or other ground covers, & the preparation of
the ground surface for such covers, will be permitted.
5. Prohibited activities within the tree protection zone:
a. All development activities except those specifically permitted
by the City shall be prohibited within the tree protection zone
provided for any protected trees, including any construction of
buildings, structures, paving surfaces, & stormwater retention or
detention ponds.
b. All temporary construction activities shall also be prohibited
within tree protection areas, including all digging, storage of
construction materials, & parking of construction vehicles.
_____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
EIGHT
CHAPTER
TEN
1
7
Saw Palmetto Spicebush Stiff Cornel Dogwood Sweetpepper Bush Sweetshrub
Walter Viburnum
Conradina
Creeping Blueberry
Dwarf Gray Willow
Partridge Berry
Rosemary
Trailing Arbutus
Witch Alder
Witch Hazel
Shade tree
**(Typical height at maturity is 18 feet or less)
____________________________________________________________________________________________________
6
FUTURE LAND
USE MAP - 2011
CHAPTER
SIX
Figure 4.1: Pedestrian Easement.
STREET
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
2
STREET
EET
1
STR
CHAPTER
ONE
3
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
GREATER THAN 500 FEET LONG
5
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
Blue Stem Palm Florida Anise Florida Azalea Hammocksweet
Azalea Mountain Laurel Oakleaf Hydrangea Piedmont Azalea Pineland Hibiscus Possumhaw
Viburnum
INDICES
8
Shrubs
Groundcovers
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
*____________________________________________________________________________________________________
Native Trees & Plants
Native Shrubs & Groundcovers
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
NINE
• To Qualify as a Protected Tree:
 Canopy trees shall be a minimum of eight (8) inches DBH
 Understory trees shall be a minimum of four (4) inches DBH
< PREVIOUS
PUBLICLY ACCESSIBLE
PEDESTRIAN PATH (10 FEET MINIMUM WIDTH)
PUBLIC CROSSWALK OR PEDESTRIAN
ACCESS EASEMENT
72
SITE DESIGN
STANDARDS
NEXT >
____________________________________________________________________________________________________
Figure 4.2: Lot Arrangement.
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
7
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
2
CHAPTER
ONE
3
ET
STRE
STREET
MINIMUM 200 FEET, MAXIMUM 400 FEET
EXAMPLE OF LOT ARRANGEMENTS
________________________________________________________________________________________________
Figure 4.3: Recesses or Projections
PLANNING DEPT.
WEBSITE
4
STREET
FUTURE LAND
USE MAP - 2011
5
REAR ALLEYS SHALL BE
PROVIDED WHERE LOTS ARE
LESS THAN 60 FEET WIDE
INDICES
6
CHAPTER
TWO
STREET
CELL TOWER
ORDINANCE
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
SEVEN
MINIMUM 400 FEET, MAXIMUM 800 FEET
FACADE
PROJECTION
FACADE
RECESS
1
FACADE
PROJECTION
SITE DESIGN
STANDARDS
EXAMPLE OF FACADE RECESSES OR
PROJECTIONS
NEXT >
< PREVIOUS
73
___________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
CHAPTER
ONE
4
____________________________________________________________________________________________________
Figure 4.5
Unified Signage
UNIFIED
SIGN
DESIGN
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
TWO
Figure 4.4
Streetscape Requirements
SITE DESIGN
STANDARDS
EXAMPLE OF UNIFIED SIGN DESIGN
FOR MULTIPLE TENANT BUILDINGS OR
SHOPPING CENTERS
74
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
SITE DESIGN
STANDARDS
< PREVIOUS
NEXT >
75
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
SITE DESIGN
STANDARDS
< PREVIOUS
NEXT >
76
FIGURE 4.9: LANDSCAPE BUFFER “D”
8.0 CANOPY TREES
6.0 UNDERSTORY TREES
24.0 SHRUBS
CHAPTER
TEN
8
INDICES
CHAPTER
EIGHT
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
NINE
60 FEET WIDE
CHAPTER
SEVEN
CHAPTER
FIVE
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
50 FEET WIDE
7.0 CANOPY TREES
27.0 SHRUBS
5
PLANNING DEPT.
WEBSITE
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
40 FEET WIDE
1
8.0 CANOPY TREES
30.0 SHRUBS
30 FEET WIDE
SITE DESIGN
STANDARDS
7.0 CANOPY TREES
38.0 SHRUBS
< PREVIOUS
NOTE: THESE ARE REQUIRED PLANT
MATERIALS
FOR 100FOR
LINEAR
FEET.
MATERIALS
100
LINEAR
77
FEET.
NEXT >
___________________________________________________________________________________________________
Figure 4.10: Vehicle Use Landscape Area
10
CHAPTER
NINE
PARKING
PARKING
areas between
parking and
drives count
BUILDING
corners count
More than 5 feet
Less than 3 feet
Minimum 3 feet
Maximum 3 feet
AREAS ELIGIBLE TO BE COUNTED TO MEET VEHICLE
USE AREA LANDSCAPING REQUIREMENTS
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
< PREVIOUS
Figure 4.11: Planting for Vehicle Use Landscape Areas
PLANT KEY
CANOPY
UNDERSTORY
PLANNING DEPT.
WEBSITE
5
CHAPTER
CHAPTER
FOUR
FOUR
_________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
CHAPTER
EIGHT
DRIVE
INDICES
7
Maximum 5 feet
TABLE OF
CONTENTS
8
CHAPTER
SEVEN
covered areas
excluded
9
CHAPTER
SIX
FRONT
PAGE
CHAPTER
TEN
Buffer does
not count
GROUNDCOVER
SHRUBS
SITE DESIGN
STANDARDS
VEHICLE USE AREA LANDSCAPING: CLASS A
78
NEXT >
___________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
5
TREE PROTECTION ZONE
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
FIVE
Figure 4.12: Tree Protection Zone
____________________________________________________________________________________________________
CHAPTER
CHAPTER
FOUR
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
4.07.01. CO DESIGN STANDARDS.
A. Entryways.
1. At least one public entrance shall be located facing Highway 77 &
connected to Highway 77 by a pedestrian sidewalk. Such entrance
may be to tenants spaces other than the primary tenant.
B. Facades.
1. To improve the view from Highway 77 large, undifferentiated
wall surfaces shall be avoided.
2. Building facades visible from Highway 77 shall be articulated with
recesses & projections. See Figure 4.3. Recesses & projections
shall be a minimum of 1 foot in depth and a minimum of 3 feet long
within each 100 feet of facade length.
3. Building facades facing Highway 77 shall include a minimum
of 3 of the following design elements along no less than 60% of
their length:
a. Arcade
b. Raised cornice parapets over the doors
c. Decorative light fixtures
d. Medallions
e. Decorative landscape planters or window flower boxes
f. Awnings/canopies, located over door or windows
g. Clock or bell tower
h. Clear glass display window(s) that cover at least 20% of
one facade or 30% of 2 facades
i. Overhanging eaves extending out from the wall at least 3
feet with a minimum 8 inch fascia
j. Architectural details other than those listed above, which are
79
PLANNING DEPT.
WEBSITE
4.07.00.
CORRIDOR OVERLAY (CO) STANDARDS.
____________________________________________________________________________________________________
SITE DESIGN
STANDARDS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
CHAPTER
FOUR
FOUR
CHAPTER
THREE
3
2
1
G. Transit Facilities.
1. Developments greater than 100,000 square feet shall designate
a minimum 100 square foot area on the site plan as a transit stop,
if requested by the Bay Town Trolley.
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
integrated into the building & overall design, such as artwork,
decorative tile work, or decorative columns/pilasters.
4. All building facades visible from Highway 77 other than the
facade facing Highway 77 shall include a minimum of 2 of the
above design elements listed in Section 4.07.01(B)(3) along no
less than 40% of their length.
C. Roof treatment.
1. Variations in roof lines shall be used to add interest & reduce
the massing of buildings. Roof features shall be in scale with
building mass.
2. At a minimum of 2 locations, the roof edge or parapet shall
include a vertical change of a minimum of 3 feet from the dominant
roof design. At least 1 such change shall be located on the facade
facing Highway 77.
D. Seasonal sales shall not occupy any required parking spaces,
parking lot aisles, or required landscaping buffers or areas.
E. Access management.
1. New curb cuts shall be minimized. New developments shall
provide vehicular access to adjacent vacant parcels, & if possible,
to developed parcels, by means of connected parking lots,
shared driveways, cross-access easements, or other interparcel
connections.
2. Stub-outs & other design features shall be provided that make
it visually obvious that the abutting properties will be tied in to
provide cross-access.
3. Siting of buildings shall take into consideration the relationship
of the site to adjacent buildings & internal street systems & driving
aisles to promote interconnectivity between adjacent land uses.
Separation of buildings by internal streets or driving aisles may be
required to promote connectivity & promote pedestrian orientation.
F. Prohibited Uses.
1. The following uses are prohibited in the CO district:
a. Outdoor sale of motorized vehicles
b. Sale of mobile/manufactured homes
SITE DESIGN
STANDARDS
NEXT >
< PREVIOUS
80
5.00.00.
GENERALLY.
____________________________________________________________________________________________________
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
5.01.02. Accessory Structures in All Land Use Districts.
Accessory structures may be located on a parcel, provided that
the following requirements are met:
A. There shall be a permitted principal structure or use on the
parcel, located in full compliance with all standards & requirements
of this ULDC.
B. Accessory structures shall be included in all calculations of
impervious surface & stormwater runoff.
81
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
5
5.01.01. Home Occupations. It shall be unlawful to operate,
conduct, or maintain any business or trade in any area whatsoever
within the corporate limits of the City which has been or may
hereafter be used for residential purposes, except home
occupations, as provided in this section. A home occupation is a
business occupation conducted entirely in a dwelling unit. All home
occupations shall comply with the following standards:
A. Employees of the home occupation shall be limited to the
residents of the dwelling in which the occupation is located.
B. The use of the dwelling unit for the home occupation shall
be clearly incidental & subordinate to its use for residential
purposes, & shall not change the residential character of the
structure.
C. Not more than 25% of the floor area of the dwelling unit shall
be used in the conduct of the home occupation.
D. There shall be no change in the outside appearance of the
building or premises or other visible evidence of the conduct of
such home occupation.
E. No home occupation shall be conducted in any accessory
building.
F. No internal or external alterations which are inconsistent with
the residential use or character of the dwelling shall be permitted.
G. No traffic shall be generated by such home occupation in
greater volumes than would normally be expected in a residential
neighborhood. The basis for evaluating traffic generated shall be
the latest edition of the Institute of Transportation Engineers,
Trip Generation Handbook.
H. Any need for parking generated by the conduct of such
home occupation shall be met off the street & other than in
the required front yard, except for the driveway.
I. Parking of commercial vehicles used in the conduct of the
home occupation shall be limited to 1 such vehicle. This
limitation shall include any vehicle necessary to the business
conducted as a home occupation. Notwithstanding this
provision, the following vehicles are prohibited from parking: a
vehicle with a motorized cooling unit; & vehicles with a gross
vehicle weight exceeding 10,000 pounds.
J. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes, odors,
or electrical interference detectable to the normal senses at the
property line. In the case of electrical interference, no equipment
or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises,
or causes fluctuations in a line voltage off the premises.
K. A home occupation shall be subject to all applicable city
occupational licenses & other business taxes.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
5.01.00.
ACCESSORY USES & STRUCTURES.
____________________________________________________________________________________________________
INDICES
8
5.00.01. Purpose. It is the purpose of this section to regulate the
installation, configuration, & use of accessory structures, & the
conduct of accessory uses, in order to ensure that they are not
harmful either aesthetically or physically to residents & surrounding
areas.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
CHAPTER
ONE
10
FRONT
PAGE
CHAPTER
TEN
CHAPTER 5. ACCESSORY, TEMPORARY, & SPECIAL USE SITUATIONS
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
9
CHAPTER
TEN
5.01.03. Accessory Structures in Residential Land Use Districts.
A. Accessory structures shall be those permitted structures as
listed in Section 2.03.03.
B.
Accessory structures shall meet the standards set forth below:
____________________________________________________________________________________________________
Table 5.01.03(B). Standards for Accessory Structures in
Residential Districts.
___________________________________________________________
Design
Standards Residential Land Use Districts
____________________________________________________________________________________________________
Front (feet)
N/A N/A N/A N/A
Side (feet) 7
5
5
5
Rear (feet) 7
5
5
5
Side, adjacent
____________________________________________________________________________________________________
to street (feet) 10 10 10 10
7
Maximum Rear Yard
Coverage
(%) 30 40 40 40
____________________________________________________________________________________________________
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
____________________________________________________________________________________________________
5.01.04. Accessory Dwellings in Residential Land Use Districts.
Accessory apartments, including guesthouses & helper quarters,
shall be permissible in compliance with the following standards:
A. An accessory dwelling inside the principal residential building
shall comply with the following standards:
1. An accessory dwelling shall not be construed to be located
within a principal building when it is connected to the principal
residential building only by a breezeway or roofed passageway;
2. No more than 1 accessory dwelling shall be permitted;
3. An accessory dwelling shall not be permissible within a
nonconforming principal residential building;
4. An accessory dwelling shall not be permissible where
a variance or waiver is necessary, in order to allow the
accessory dwelling;
5. An accessory dwelling inside a principal residential building
shall not have a separate exterior entrance; &
6. An accessory dwelling shall not occupy more than 25% of
the total livable floor area of the principal residential building.
B. One free-standing accessory dwelling unit may be built in the
rear of the principal building or combined with a garage.
C. A free-standing accessory structure shall not exceed one-half
(½)
the total square footage of the primary structure.
____________________________________________________________________________________________________
5.01.05. Dumpsters.
A. All placement & use of dumpsters & garbage containers shall
fully comply with the requirements of this section, in addition to
Chapter 54 of the Code of Ordinances. Where there is any conflict
between standards set forth in this section & standards, set forth
in Chapter 54, the more restrictive standard shall apply.
B. A dumpster shall be required for all multifamily development
of 8 or more units.
C. A dumpster shall be required for the following specific uses
regardless of gross floor area: restaurants, grocery stores, &
convenience stores.
D. A dumpster shall be required for all development within MU,
C, IND, C-1, or P/I where the total gross floor area of all buildings
on the site is 2,000 or more square feet.
82
PLANNING DEPT.
WEBSITE
5
%
of Primary Structure 50%
50%
50%
50%
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
Maximum
Height (feet) 25 25 25 25
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
8
INDICES
CHAPTER
EIGHT
Minimum
Setbacks LDR MDR HDR MU
____________________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
10
FRONT
PAGE
C. Accessory buildings shall be permitted only in side & rear
yards & shall not abut the front yard setback of an adjacent property.
D. Accessory buildings shall conform to the setback requirements
in
Section 4.02.02, except as provided in Section 5.01.03(B).
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
ONE
CHAPTER
TWO
4
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
E. Multifamily development of less than 8 units or development in
MU, C, IND, C-1, or P/I that is less than 2,000 square feet of gross
floor area may provide either a dumpster or individual garbage
containers.
F. Dumpsters shall meet the following standards:
1. Dumpsters shall be located on a paved surface of sufficient size
to accommodate the dumpster.
2. The dumpster location shall be easily accessible for pickup.
3. Dumpsters shall be located to the rear or side of the principal
building.
4. Dumpsters shall not be located within any required buffer area,
landscaped area, including parking lot landscaping, or stormwater
management area.
5. Dumpsters shall be screened as follows:
a. All 4 sides shall be screened.
b. Screening shall be in the form of evergreen trees & shrubs,
or a solid wooden or masonry fence. Plants shall be planted in
a double-staggered row to form a continuous hedge, & shall be
planted to allow the installation of a gate for access.
c. Trees & shrubs shall comply with the specifications for
landscaping materials set forth in Section 4.06.02, except that
shrubs shall be a minimum of 4 feet in height at the time of
planting. Trees shall be selected from the list of understory trees &
shall be planted a maximum of 8 feet apart, on center, as required
in Section 4.06.02(D).
d. A gate shall be provided for access.
e. Dumpsters shall be set back from any adjacent property
designated or used for residential purposes a minimum of 30 feet.
6. Dumpsters shall be located a minimum of 20 feet from the exterior
wall of a building, unless a closer distance is acceptable based on
the fire rating of the wall & approved by the City.
G. Garbage containers shall meet the following standards:
1. Containers shall be of a size & type approved by the City.
2. A stable, firm, & level surface shall be provided, both in the
permanent location & the pickup location.
3. Containers shall be located to the rear or side of the principal
building, except when moved to the front for pickup.
4. Containers shall be screened from view from adjacent
properties & the public right-of-way. Screening may be provided
by shrubs planted in a double-staggered row on 3 sides or by a
wooden or masonry enclosure on 3 sides.
5. Containers shall not be located in any required buffer area,
landscaped area, including landscaped parking lots, or stormwater
management area.
____________________________________________________________________________________________________
5.01.06. Fences, Hedges, & Walls. All fences, hedges, or walls
erected,
placed or altered shall conform to the following regulations:
____________________________________________________________________________________________________
2
1
Table 5.01.06. Fences, Hedges, & Walls.
_________________________________________________________
1
Yards : Residential Non-Residential
Maximum Height Maximum Height
_________________________________________________________
Front 4 ft. Rear &
side 8 ft. 4 ft. for all districts except IND
8 ft. for all IND
8 ft.
____________________________________________________________________________________________________
Corner: Fences shall not interfere with the visibility triangle as required in Section 6.05.04.
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
___________________________________________________________________________________________________________________
Materials:  Open wire fabric
 Wood, open picket design
 Rot & termite resistive < PREVIOUS
Open weave construction ___________________________________________________________________________________________________________________
1
Measured the length of the required setback line.
____________________________________________________________________________________________________
83
NEXT >
CHAPTER
TEN
CHAPTER
NINE
INDICES
8
TABLE OF
CONTENTS
9
5.02.01. Temporary Dwellings. No garage or outbuilding shall be
erected for residence purposes in any residential district, except
during the course of construction, on the same site a tent, temporary
building, recreational vehicle, or mobile home may be allowed. A
temporary dwelling shall comply with the following standards:
A. A temporary use permit shall be obtained for a temporary
dwelling.
1. Such permit shall be valid for 90 days;
2. The 90 day permit may be renewed every 90 days up to a total
of 1 year, provided that the permittee is actively constructing a
residential dwelling unit on the same lot for which the permit is
acquired.
B. The temporary dwelling shall include separate sanitary facilities
& separate electric service from the principal structure that is under
construction.
C. The temporary dwelling shall be placed to comply with required
setbacks
applicable to the district in which the permit is granted.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
EIGHT
5.02.00. TEMPORARY USES & STRUCTURES. This section
establishes
the regulations regarding temporary uses & structures.
____________________________________________________________________________________________________
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
84
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
5.02.03. Temporary Uses.
A. Construction activity shall comply with the following:
1. During the course of construction, the applicant shall
provide off-street parking facilities within the construction site
to accommodate parking of any motor vehicles operated by
any person transacting any business with, providing services
or delivering materials to the site of construction. Alternative
parking facilities may be authorized pursuant to an approved
construction site management plan, as set forth below.
2. For construction projects & developments that will exceed 60
days, with the exception of single family homes, the Building
Official shall require an approved detailed construction site
management plan, prior to the issuance of a building permit or
during the process of completing any active or inactive construction
or demolition project. The construction site management plan
shall at a minimum provide specific information outlining where
all construction worker parking, construction equipment, material
storage & temporary structures will be located on the site under
construction or on nearby properties. Additionally, traffic routes
to & from the site, pedestrian safety barriers & fencing shall be
included on the construction site management plan & shall be
identified for approval. The construction site management plan
must also show the location of acceptable construction loading
& unloading areas.
B. Model Homes. The City Manager may, after preliminary plat
approval, authorize a temporary use permit for model home units
in subdivisions, residential portions of planned unit developments,
mixed use developments, or TND’s, subject to the following
provisions:
1. Duration. Such temporary permits shall not exceed one year in
duration, but shall be renewable annually for a total of 3 consecutive
years. In considering renewal of a temporary permit, the City
Manager shall evaluate the impact of the model home units on
the surrounding developing neighborhood. If the City Manager
determines that the model home units are having an undesirable
impact on the neighborhood, due to increased noise, light, glare,
activity or for a violation of any special condition placed upon the
operation of model home units by the temporary use permit, the
temporary permit shall not be renewed.
2. Location. Any model home unit site issued a temporary permit
shall be immediately identified by a sign affixed to the property,
prior to the sale of any abutting lot or dwelling unit to a person other
than the operator of the model home unit. Such sign shall be in
CELL TOWER
ORDINANCE
7
CHAPTER
ONE
5.02.02.
Special Events. (Reserved)
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
Number of Model Home Units
3 units
5% of approved dwelling units (rounded to the nearest whole number)
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
< PREVIOUS
5.03.01. Generally.
A. It is the intent of this section to establish requirements for the
placement, installation, & maintenance of signs, in order to preserve
& protect the health, safety, welfare, & general well-being of the
community’s citizens. Sign requirements are intended to:
1. Protect motorists from visual distractions, obstructions, &
driving hazards; &
2. Protect & enhance the aesthetic & visual qualities of the
physical environment by requiring that signage be designed as
an integral part of the site & principal structure.
B. Signs shall contain no message that is harmful to minors.
C. Signs & sign structures shall meet the requirements of the building
&
electrical codes adopted by the City.
____________________________________________________________________________________________________
5.03.02. Exempt Signs. The following signs are exempt from the
sign regulations in this section:
A. Legal notices and official instruments.
B. Holiday lights & decorations.
C. Religious displays.
D. Signs designed or located so as to be invisible from any
street or adjoining property.
E. Signs necessary to promote health, safety, & welfare, & other
regulatory, statutory, traffic control, or direction signs erected
on public property.
F. Public warning signs to indicate the dangers of trespassing,
swimming, animals, or similar hazards.
G. Signs carried by a person.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
5
CHAPTER
ONE
6
5.03.00.
SIGNS.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
7
CELL TOWER
ORDINANCE
8
4. Use as office. Although residential sales & presentations may
be undertaken at a model home unit, the operator of the model
home unit shall have a primary office in a properly zoned area
& not in a residential development or the residential section of a
planned development. The model home shall be used primarily for
demonstrating the type of units offered in the subdivision.
5. Parking. Permanent, hard-surface parking shall not exceed
that normally provided for other residential structures of the same
type in the same residential development or residential planned
development. The location & use of any temporary parking shall
be
approved by the City Manager.
____________________________________________________________________________________________________
INDICES
9
CHAPTER
SIX
__________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
TEN
Number of Approved
Dwellings
1 to 50
51 or more
FRONT
PAGE
10
accordance with the provisions of Section 5.03.00, & shall clearly
identify the site as a model home unit.
3. Number. The maximum number of model home units allowed in
any
one development is limited as follows:
__________________________________________________________________________________________
5.03.03. Provisionally Exempt Signs. The following signs are
exempt from the requirement that a permit be obtained, provided
that the sign is placed & constructed, according to the standards
in
Table 5.03.03 below.
____________________________________________________________________________________________________
Table 5.03.03. Standards for Provisionally Exempt Signs.
____________________________________________________________________________________________________
Type of Sign Standards
__________________________________________________________________________________________
Decorative flags  Limited to a celebration, convention, or & bunting commemoration of significance to the entire community.
 Limited to a time period authorized by the City Manager.
____________________________________________________________________________________________________
Identification signs
 Two (2) sq.ft. or less in area.
 No individual letters, symbols, logos, or Unified Land Development Code
85
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
86
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
Merchandise  Shall be located behind storefront windows.
displays  Shall contain no moving parts & No flashing
lights.
_______________________________________________________
Signs
incorporated  Only permissible when the sign identifies into machinery or advertises only the product or service or
equipment by
dispensed by the machine or equipment.
a manufacturer
or distributor
_______________________________________________________
Vehicle signs  Limited to vehicle bumpers.
_______________________________________________________
Works of art  Limited to murals, statues, paintings, that do not designs, or other decorative features or
constitute
structures designed to attract attention, but
advertising that contain no names of occupants,
business, or product identification,
trademark, logo, address, or other
commercial message
_______________________________________________________
5.03.04. Prohibited Signs.
A. The following signs are expressly prohibited:
1. Signs that are in violation of the building code or electrical
code adopted by the City.
2. Any sign that does or will constitute a safety hazard.
3. Any sign mounted on a roof top or portion of a roof.
4. Blank temporary signs.
5. Signs with visible moving, revolving, or rotating parts or
visible mechanical movement of any description or other
apparent visible movement achieved by electrical, electronic,
or mechanical means, except for traditional barber poles.
6. Signs with the optical illusion of movement by means of a
design that presents a pattern capable of giving the illusion of
motion or changing of copy.
7. Signs with lights or illuminations that flash, move, rotate,
scintillate, blink, flicker, or vary in intensity or color except
for time-temperature-date signs, unless the interval of such
movement or other change in the sign is 10 seconds or more &
such sign is located outside of the Lynn Haven Main Street Core
Area, defined generally as Ohio or Florida Avenue between
5th Street & 14th Street, & more specifically, as defined by the
Lynn Haven Main Street Program.
8. Strings of light bulbs used on commercially developed
parcels for commercial purposes, other than traditional holiday
decorations.
9. Signs, commonly referred to as wind signs, consisting of one
or more banners, flags, pennants, ribbons, spinners, streamers
or captive balloons, or other objects or material fastened in such
a manner as to move upon being subjected to pressure by wind.
10. Signs that incorporate projected images, emit any sound
that is intended to attract attention, or involve the use of live
animals.
11. Signs that emit audible sound, odor, or visible matter such
as smoke or steam.
12. Signs or sign structures that interfere in any way with free
use of any fire escape, emergency exit, or standpipe, or that
obstruct any window to such an extent that light or ventilation
TABLE OF
CONTENTS
9
CHAPTER
ONE
10
Memorial signs  Shall be cut into any masonry surface on
or tablets, &
the building, or names of buildings  Shall be constructed of bronze or other & dates of noncombustible materials & attached to
erection
the surface of a building.
________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
designs in excess of two (2) inches in vertical or horizontal dimension.
_________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
5.03.05. Temporary Signs. Temporary signs are allowed throughout
the City, subject to the standards set forth in this section.
A. A temporary sign may be a ground or building sign, but shall
not be an electric sign.
B. Any temporary sign not complying with the requirements of
this section (5.03.00) is illegal & subject to immediate removal
by the City. The cost of removing an illegal temporary sign shall
be the responsibility of the owner of the sign.
C. Temporary signs & the general conditions for such signs are
described in Table 5.03.05(C).
87
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
is reduced to a point below that required by any provision of
this section or other ordinance of the City.
13. Signs that resemble any official sign or marker erected by
any governmental agency, or that by reason of position, shape
or color, would conflict with the proper functioning of any traffic
or signal or be of a size, location, movement, content, color, or
illumination that may be reasonably confused with or construed
as, or conceal, a traffic control device.
14. Signs that obstruct the vision of pedestrians, cyclists, or
motorists traveling on or entering public streets. Nothing shall
obstruct visibility at intersections, as defined in Section 6.05.04.
15. Nongovernmental signs designed to resemble governmental
signs that use the words “stop,” “look,” “danger,” “caution,”
“yield,” or any similar word, phrase, or symbol.
16. Signs within 10 feet of public right-of-way or within 100
feet of traffic control lights, that contain red or green lights that
might be confused with traffic control lights.
17. Signs that are of such intensity or brilliance as to cause
glare or impair the vision of any motorist, cyclist, or pedestrian
using or entering a public way, or that are a hazard or a
nuisance to occupants of any property because of glare or
other characteristics.
18. Signs that contain any lighting or control mechanism that
causes unreasonable interference with radio, television or other
communication signals.
19. Searchlights used to advertise or promote a business or to
attract customers to a property.
20. Signs that are painted, pasted, or printed on any curbstone,
flagstone, pavement, or any portion of any sidewalk or street,
except house numbers and traffic control signs.
21. Signs placed upon benches, bus shelters or waste
receptacles, except as may be authorized in writing pursuant
to Section 337.407, F.S., or as authorized by the City Manager.
22. Signs erected on public property, or on private property,
such as private utility poles, located on public property, other
than signs erected by public authority for public purposes.
23. Signs erected over or across any public street, except
as may otherwise be expressly authorized by this section, &
except governmental signs erected by or on the order of the
City Manager.
B. Certain vehicle signs are prohibited as described below:
1. Vehicles signs which have a total sign area in excess of 10
square feet & meeting the following locations:
a. When the vehicle is parked for more than 60 consecutive
minutes within 100 feet of any street right-of-way; &
b. When the vehicle is visible from the street right-of-way that
the vehicle is within 100 feet of.
2. When the vehicle is not regularly used in the conduct of the
business advertised on the vehicle, the use of the vehicle for
display of a vehicle sign is prohibited. A vehicle used primarily
for advertising, or for the purpose of providing transportation
for owners or employees of the occupancy advertised on the
vehicle, shall not be considered a vehicle used in the conduct of
the business.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
____________________________________________________________________________________________________
Table 5.03.05(C). Types of Temporary Signs & Conditions for Placement.
____________________________________________________________________________________________________
Conditions
___________________________________________________________________________________________
10
Business Identification
 Permissible only when the business has no permanent sign(s).
 Limited to a period of not more than 60 days, or until installation of permanent signs, whichever shall occur first. Construction  Limited to 60 days prior to the beginning of actual construction of the project identified by the construction sign.  If construction is not initiated within 60
days after the sign is placed, or if construction is discontinued for a period of more than 60 days, the sign shall be removed.
Grand Opening Displayed for a period not to exceed 14
days within the first 3 months that the
occupancy is open for business.
Real Estate Displayed on the property which is for sale, lease, or rent.
Special or Temporary Event
 Only to announce or advertise such temporary uses as fairs, carnivals, circuses, revivals, sporting events, flea markets, or a public, charitable, educational or religious event or function.
 The sign shall be removed within 5 days after the special event is concluded.
 The total time period shall not exceed 60 days.
FRONT
PAGE
CHAPTER
TEN
Type CHAPTER
NINE
INDICES
8
 Removal is required when construction is completed & at the time the C.O. is issued.
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
____________________________________________________________________________________________________
7
____________________________________________________________________________________________________
CHAPTER
SIX
4
D. Temporary signs shall conform to the standards, set forth in
Table
5.03.05(D) below.
____________________________________________________________________________________________________
Table
5.03.05(D). Standards for Temporary Signs.
____________________________________________________________________________________________________
CHAPTER
TWO
3
2
CHAPTER
ONE
CHAPTER
THREE
____________________________________________________________________________________________________
1
Standards Residential Districts (sq. ft.)
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
5
FUTURE LAND
USE MAP - 2011
6
CHAPTER
CHAPTER
FIVE
FIVE
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
____________________________________________________________________________________________________
Non-Residential districts
(sq. ft.)
___________________________________________________________________________________________
LDR
MDR
HDR
____________________________________________________________________________________________________
No.of signs
2
2
4
Individual 1sign area,
maximum
6
6
6
Aggregate sign area,
maximum 10
10
16
Maximum
height (feet)
8
8
8
Spacing N/A
N/A
N/A
1
Unlimited
64
 100; or
 1 per 10 feet of property frontage, whichever is smaller
10
100 ft. between signs on the same parcel
Real estate signs for multiple lots shall not exceed 32 square feet.
____________________________________________________________________________________________________
5.03.06. Permissible Permanent On-Site Signs.
A.
Permissible signs include the following:
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
Table
5.03.06(A). Permanent On-Site Signage.
____________________________________________________________________________________________________
< PREVIOUS
Permissible Signs
Criteria
____________________________________________________________________________________________________
Non-Residential Land Use Districts
____________________________________________________________________________________________________
88
NEXT >
Sign
Types
Ground signs Building signs
See Sections 5.03.07 & 5.03.08.
See Sections 5.03.07 & 5.03.08.
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
3) Flags a. Shall be limited to not more than 3 flags or insignias of governmental, religious, charitable, fraternal, or other organizations on any 1 parcel of land; &
b. The maximum distance from top to bottom of any flag shall be 20% of the total height of the flagpole, or in the absence of a flagpole, 20% of the distance from the top of the flag or insignia to the ground.
4) Utility signs a. Shall be limited to public utility signs that identify the location of underground utility lines & facilities, high voltage lines & facilities, & other utility facilities & appurtenances;
b. Shall not exceed 6 feet in height; &
c. The sign face shall not exceed one
square foot.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
a. Limited in area to 4 square feet;
b. Shall only provide directions to motorists regarding the location of parking areas & access drives; &
c. Shall not be counted as part of an occupancy’s allowable sign area.
CELL TOWER
ORDINANCE
7
2) Directional ____________________________________________________________________________________________________
INDICES
8
a. Only on developed, nonresidential parcels;
b. Shall only display numerical information in an easily comprehensible way; c. Shall be kept accurate;
d. May be a ground or building sign & subject to the regulations applicable to such signs; &
e. Counted as part of an occupancy’s allowable sign area.
TABLE OF
CONTENTS
9
1) Time-temperature-
date
FRONT
PAGE
10
CHAPTER
ONE
____________________________________________________________________________________________________
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
< PREVIOUS
Residential Land Use Districts
Signs at entrances to a. One (1) sign is permitted at only one
residential developments (1) entrance into the development from each abutting street.
b. The sign may be a single sign with two (2) faces of equal size or may be two (2) single-faced structures of equal size located on each side of the entrance. Instead of 2 signs at the entrance, however, a multifamily development may be allowed one (1) sign at the entrance and one (1) wall sign on a building.
c. No face of the sign shall exceed thirty-two (32) square feet in size.
d. Illumination shall be in a steady light only.
____________________________________________________________________________________________________
Signage for permissible non-residential uses (See Section 2.03.02 for list of uses)
a. Each such parcel may have 1 free-
standing sign per street frontage.
 The maximum size shall be 16
square feet.
 The maximum height shall be 8 ft.
b. Each use may have 1 wall sign per building.
 The maximum size shall be 32
square feet.
c. The criteria for directional, flags, & utility signage for nonresidential land use districts shall apply with these non-
residential uses.
____________________________________________________________________________________________________
89
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
9
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
PLANNING DEPT.
WEBSITE
3
FUTURE LAND
USE MAP - 2011
4
CELL TOWER
ORDINANCE
5
5.03.07. Design Standards for All Permanent Signs.
A. Generally. All permanent signs shall comply with the design,
construction & location standards in this section.
B. Placement standards.
1. A building sign shall project no more than 4 feet perpendicularly
from the surface to which it is attached.
2. The combined area of permanent & temporary signs placed
on or behind windows shall not exceed twenty-five (25) percent
of the total window area at the same floor level on the side of the
building or unit upon which the signs are displayed.
3. Signs located within a clear visibility triangle shall conform to
the requirements of Section 6.05.04.
4. Supports for signs or sign structures shall not be placed in or
upon a public right-of-way or public easement, except under the
terms of a lease between the owner of the easement or right-ofway & the owner of the sign.
5. No ground sign shall project over a public right-of-way.
6. All signs over pedestrian ways shall provide a minimum of 7 &
one-half (7½) feet of clearance.
7. All signs over vehicular ways shall provide a minimum of 13 &
one-half (13½) feet of clearance.
8. A building sign shall not extend beyond any edge of the surface
to which it is attached, nor disrupt a major architectural feature
of the building.
C. Size, number, & spacing for permanent on-site signs.
1. Ground signs. The permissible number, area, spacing, & height
of permanent accessory ground signs for each multiple occupancy
complex & each occupant not located in a multiple occupancy
complex
shall be determined according to the following tables:
____________________________________________________________________________________________________
INDICES
6
CHAPTER
THREE
____________________________________________________________________________________________________
7
CHAPTER
TWO
Mixed Use Land Use District
a. A development within the MU that is solely residential shall meet the
signage criteria for residential land use districts.
b. A development within the MU that is solely commercial shall meet the
signage criteria for nonresidential land use districts.
c. A development within the MU that is a combination of residential &
nonresidential uses shall provide a master signage plan as part of the
application for a local development order.
TABLE OF
CONTENTS
CHAPTER
NINE
____________________________________________________________________________________________________
8
CHAPTER
ONE
FRONT
PAGE
10
TND & PUD Land Use Districts
a. A master signage shall be approved by the City Commission, as part of
the Master Plan;
b. The maximum height of freestanding signs shall be 10 feet;
c. All signs expressly prohibited by Section 5.03.04 shall be prohibited
within the TND or PUD; &
d. The design and style of signage shall be integral to the design & style
of the TND or PUD.
Table
5.03.07(C)(1). Standards for Permanent Signs.
_________________________________________________________________________________________
Sign Number, Area, Spacing, & Height
_________________________________________________________
2
Frontage
No. of
on a Public Signs
R.O.W. (ft.) Allowed
Total
Sign
Area
(sq.ft.)
Maximum
Sign Area
for
Individual
Signs (sq. ft.)
Minimum
Distance from
Side Property Line (feet)
Minimum
distance
from other
permanent
sign on site
(feet)
Maximum
Height
(feet) _________________________________________________________
1
Less than 50
50 – 99.9 100- 199.9 200–299.9 300-399.9 400 or more 1
1
1
1
2
3
24
32
70
70
72
96
24
32 70
70
72
96
10
15
20
50
50
50
N/A
N/A
N/A
N/A
100
100
18
18
18
18
18
18
____________________________________________________________________________________________________
2. Building signs shall comply with the standards in the following
table:
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
< PREVIOUS
90
____________________________________________________________________________________________________
Table 5.03.07(C)(2). Building Sign Size, Height, & Number.
____________________________________________________________________________________________________
1
10
Standard
Per
Building
Side
Total Sign Area  10% of each
façade area; or,
 200 sq.ft.,
whichever is
smaller
Per
Occupant  20% of each
façade area; or,
 200 sq.ft.,
whichever is
smaller
Per Building Side
 20% of each
façade area; or
 200 sq.ft.,
whichever is
smaller
____________________________________________________________________________________________________
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
5
3
3
Maximum Height
 Building height up to
20 ft.
 Building height between 21 ft. & 100 ft.  18 ft.
 18 ft.
 A single building sign is allowed above 18 feet on each side of the building
____________________________________________________________________________________________________
1
Building signs for multiple occupancy complexes constructed or remodeled after December 11,
1990, shall conform to an approved sign format.
____________________________________________________________________________________________________
5.03.08. Measurement Determinations. The measurement of
signs
shall comply with the standards in the following table:
____________________________________________________________________________________________________
Table
5.03.08. Measurement Determinations.
____________________________________________________________________________________________________
Area Measurement
____________________________________________________________________________________________________
Distance between signs Minimum required distance between signs shall be measured along the street right-of-way from the closest parts of any two (2) signs.
Façade area Shall be measured by determining the
area within a 2-dimensional geometric figure coinciding with the edges of the walls, windows, doors, parapets, marquees, & roof slopes of greater than 45 degrees that form a side of a building or unit. (See Figure 5.1)
Sign area The area of a sign shall be the area within the smallest square, rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points or edges of the sign face.
Letters or pictures Where a sign is composed of letters or pictures attached directly to a façade, window, door, or marquee, & the letters or pictures are not enclosed by a border
or trimming, the sign area shall be the area within the smallest rectangle, parallelogram, triangle, circle or semicircle, the sides of which touch the extreme points of the letters or pictures. (See Figure 5.2)
Two (2) sign faces Where 2 sign faces are placed back to back on a single sign structure, & the faces are at no point more than 3 feet apart, the area of the sign shall be counted as the area of 1 of the faces.
Four (4) sign faces Where 4 sign faces are arranged in a square, rectangle, or diamond, the area of the sign shall be the area of the 2 largest faces. This type of sign shall be counted as 2 signs. (See Figure 5.3)
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
1
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
Number of Signs
INDICES
8
CHAPTER
CHAPTER
FIVE
FIVE
9
TABLE OF
CONTENTS
CHAPTER
NINE
Single Occupancy
Structure
____________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
Multiple Occupancy Complexes or Building
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
2
1
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
____________________________________________________________________________________________________
____________________________________________________________________________________________________
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
____________________________________________________________________________________________________
< PREVIOUS
Three-dimensional Where a sign is in the form of a three-dimensional
objects object, the area shall be determined by drawing a Unified Land Development Code
91
NEXT >
____________________________________________________________________________________________________
Table
5.03.08. Measurement Determinations (continued).
____________________________________________________________________________________________________
Area Measurement
CHAPTER
NINE
square, rectangle, parallelogram, triangle, circle
or semicircle, the sides of which touch the extreme points or edges of the projected image of the sign and multiplying that area by 2. The projected image is that image created by tracing the largest possible 2-dimensional outline of the sign. (See Figure 5.4)
Number of Signs In general, the number of signs shall be the number of noncontiguous sign faces. Multiple noncontiguous sign faces shall be counted as a single sign if all the sign faces are included in the geometric figure used for determining the sign area.
Sign Height The height of a sign shall be measured as the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its
frame or supporting structure, whichever is higher. (See Figure 5.5)
____________________________________________________________________________________________________
9
TABLE OF
CONTENTS
____________________________________________________________________________________________________
8
INDICES
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
2
1
____________________________________________________________________________________________________
< PREVIOUS
5.04.00.
(Reserved)
____________________________________________________________________________________________________
5.05.00.
SUPPLEMENTAL STANDARDS FOR SPECIFIC USES.
____________________________________________________________________________________________________
5.05.01. Generally.
A. This section sets forth standards for specific uses that are
permissible subject to supplemental standards. Uses permissible
subject to these supplemental standards are identified by the
letter “S” in Table 2.03.02.
B. Where there is a conflict between a standard applicable to
the land use district in which the use is located or an applicable
overlay district and the supplemental standards set forth below,
the more restrictive standard shall apply.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
Multiple frontages a. If a building has frontage on two (2) or more streets, each frontage shall be separately considered
for the purposes of determining compliance with the
provisions of this section. b. The permitted sign area for one (1) frontage shall
not be combined with that permitted on another frontage
to increase the permitted sign area on 1 frontage.
c. No ground sign on one right-of-way shall be closer than 100 feet to a sign on another right-of-way,
measured as the sum of distances measured
continuously along the rights-of-way thru common
points.
CELL TOWER
ORDINANCE
7
CHAPTER
TWO
____________________________________________________________________________________________________
CHAPTER
ONE
CHAPTER
EIGHT
10
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
5.05.02. Alcoholic Beverage Sales.
A. No person shall sell or offer for sale to the public any liquor,
wine, beer or other alcoholic beverages at any place in the City,
except in C land use districts.
B. Requirements for the sale of alcoholic beverages are set
forth in Section 6-26, et seq. of the City Code of Ordinances.
____________________________________________________________________________________________________
5.05.03. Auto Graveyards, Junkyards, Scrap Metal Processing
Plants.
A. Junkyards, automobile graveyards, or scrap metal processing
plants shall be operated only within the IND land use district.
B. Fences, walls, or hedges.
1. Screening shall be required so that the junkyard, automobile
graveyard, or scrap metal processing plant shall not be visible
from the main traveled way of the highways, streets, & roads
within the City.
2. The site shall be enclosed on any boundary which abuts a
residentially designated area & on any boundary abutting a City
street by a sight-proof fence of not less than 8 feet in height.
3. Such screen shall be constructed & maintained of a uniform
material composed of vegetative plantings, fences, or wall.
92
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
5.05.05. Gasoline Service Stations.
A. A gasoline service station is permissible in the MU, C, &
IND land use districts, subject to the district standards & the
supplemental standards set forth in this section.
B. The term “gasoline service station” includes convenience
stores with gas pumps, & establishments that provide the following
accessory uses, in addition to gas pumps: fast food restaurants,
drive-thru restaurants, groceries, sundries, supplies for the traveling
public, food, & beverages.
C. Access requirements for gasoline service stations:
1. Access shall be from a collector or arterial street.
2. Access shall be a minimum of 100 feet from a street
intersection as measured at the intersection of the street
centerlines.
D. Gasoline service station pump islands shall be set back a
minimum of thirty (30) feet from any property line.
E. Underground storage tanks shall be designed, located, &
monitored in full compliance with State requirements. Evidence of
such compliance shall be provided to the City.
F. Oil drainage pits & hydraulic lifts shall be located as follows:
1. Such uses shall be within an enclosed structure.
2. Such uses shall be set back a minimum of 50 feet from any
property line.
G. Gasoline service stations located within 100 feet of any property
designated for residential uses shall meet the following standards:
1. The buffer shall be 2 times the buffer that is otherwise required
by Section 4.06.03.
2. A masonry, wood, or solid fence shall be required on any side
or rear property line that is within 100 feet of any property in a
93
PLANNING DEPT.
WEBSITE
5
5.05.04. Automotive Parts & Mechanical Garages.
A. Automotive parts establishments & mechanical garages shall
be in an enclosed building.
B. No junk automobiles shall be maintained on any property by any
person licensed to conduct a lawful business unless in an enclosed
building.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
4. The fence, wall, or screen shall be of a uniform color.
5. The use of tin roofing, corrugated roofing, or similar materials
is expressly prohibited.
6. Vegetative screening
a. If vegetative screening is to be used for such fence or
wall, the planting area shall be within a greenbelt strip not
less than 20 feet wide where it adjoins another lot line, and
not less than 10 feet wide where it adjoins the street line.
b. The greenbelt shall be composed of at least 1 row of
deciduous or evergreen trees & a double-staggered row of
shrubs (See Buffer D in Section 4.06.03).
c. The greenbelt shall be constructed with an adequate
irrigation system & maintained.
d. Should the owner or operator of a junkyard fail to maintain
the greenbelt in the manner required by this section, the
City Manager shall have the right to require that permanent
screening be installed in its place.
C. Minimum lot size. The minimum lot area shall not be less than
20,000 square feet nor larger than 200,000 square feet.
D. Setbacks. No junk automobiles or vehicles that are beyond
economical repair or any other junk or scrap of whatsoever character
shall, at any time, be located for storage, dismantling, or for any
other purpose within:
1. seventy-five (75) feet of any residential district;
2. fifty (50) feet of the front street line;
3. thirty (30) feet of any side street line; or
4. thirty (30) feet of any other property line of the lot or
parcel of land to be so used.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
TWO
CHAPTER
EIGHT
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
5.05.07. Religious Facilities.
A. Religious uses & facilities are permissible in the P/I land use
district, subject to the standards of that district.
B. Religious uses & facilities are permissible in the LDR, MDR, HDR,
& MU districts subject to the standards of those land use districts &
the supplemental standards of this section.
C. The primary use for a site developed for religious uses is worship.
Worship is a form of religious practice with its creed & ritual.
D. Uses & activities other than worship shall be considered
accessory uses & shall be clearly ancillary to the primary use.
Such uses & activities shall be limited to religious instruction
(such as “Sunday School,” Bible school, or similar instruction or
study typically associated with the religion); offices to support the
establishment; child or adult day care, subject to the standards
of Section 5.05.07(G); private academic school, subject to the
standards of Section 5.05.07(H); fellowship hall, with or without
a kitchen, subject to the standards of Section 5.05.07(I), (which
may be known as a community center, activity hall, or life center);
& individual meeting spaces.
E. All accessory uses are subject to the following requirements:
1. The accessory use shall be owned & operated only by the
owner of the primary use.
2. The facility housing the accessory use shall meet all local,
State, or federal standards.
3. The owner of the primary use shall obtain any licenses required
to conduct the accessory use. Any approval of the accessory use
shall be contingent upon receipt of all licenses.
4. Audio amplification systems, including, but not limited to,
telephone loudspeakers or paging systems, shall be located to
ensure that they cannot be heard on adjacent properties.
94
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
5.05.06. Mobile Home Parks.
A. The location of 5 or more individual mobile home units on 1
parcel shall constitute a mobile home park.
B. Mobile home parks shall be constructed only in HDR land use
districts. The density shall be a maximum of 13 & a half (13½)
units per acre.
C. A master site plan shall be submitted showing the layout of the
mobile home spaces, streets, & all required utilities.
D. Mobile homes shall be located in compliance with the uniform
fire safety standards.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
residential land use district. The fence shall be a minimum of 6
feet in height, but not more than 8 feet in height.
3. The decorative or finished side of the fence shall face outward.
H. Drive-thru lanes for restaurants or car wash facilities associated
with the gasoline service station shall be located a minimum of 100
feet from any property designated for residential uses. Distance shall
be measured from the outermost edge of the drive-thru lane to the
property line of property designated for residential use.
I. Dumpsters shall not be located within 50 feet of property
designated for residential use.
J. All exterior lighting shall be directed & shielded to avoid direct
illumination of adjacent properties.
K. Audio amplification systems, including, but not limited to,
telephone loudspeakers or paging systems, shall be located to
ensure that the sound cannot be heard on adjacent properties.
L. Any repair services shall be provided only within an enclosed
building.
M. Vehicle parts, supplies, damaged parts, or other materials &
supplies shall be stored within an enclosed building.
N. Canopies over gas pumps or pump islands shall meet the
setback requirements for the land use district in which they are
located.
O. The sale of vehicles is prohibited on the gasoline service station
site
& any adjacent right-of-way.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
95
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
5. All outdoor activities shall occur no earlier than 8:00 a.m. & no
later than 10:00 p.m.
6. All exterior lighting shall be directed or shielded to avoid
illumination of adjacent properties.
7. Outdoor play or activity areas shall be no closer than 50 feet
from property designated for residential use, as measured to the
nearest residential property line.
F. The following activities shall be prohibited in association with
religious uses: retreat centers; overnight lodging facilities or other
temporary sleeping quarters; & any use not specifically identified
as an allowable accessory use. Notwithstanding the prohibition of
overnight lodging, One (1) residential dwelling unit may be provided
as a parsonage, subject to the standards of Section 5.05.07(J).
G. Child day care, adult day care, preschool, or child nursery uses
are allowable accessory uses subject to the following standards:
1. The total floor area allocated to the child day care, adult day
care, preschool, or nursery uses shall not exceed 10% of the
total gross floor area on the site. The calculation of total floor
area allocated to the uses shall be cumulative & shall include
all child day care, adult day care, preschool, nursery facilities,
& related mechanical & support facilities.
2. An off-street drop-off area for persons served by the facility
shall be provided.
H. Private academic schools are allowable accessory uses subject
to the following standards:
1. The total floor area allocated to the school shall not exceed
20% of the total gross floor area on the site. The calculation
of total floor area allocated to the school shall include all
components of the school: classrooms, school library, school
offices, teacher work areas, & the like, including related
mechanical & support facilities.
2. An off-street drop-off area for persons served by the facility
shall be provided.
I. A fellowship hall is an allowable accessory use subject to the
1. Dining, including dining open to the public as a “soup kitchen,” is
permitted between the hours of 8:00 a.m. & 10:00 p.m., provided:
a. The owner of the religious use ensures that meal recipients
remain on the site except during travel to & from the fellowship
hall; &
b. No consideration or value of any kind is given, directly or
indirectly, in exchange for the meal.
2. The total floor area allocated to the fellowship hall, including
related mechanical & support facilities, shall not exceed 20% of
the total floor area on the site.
J. One (1) residential dwelling unit is allowable to serve as a
parsonage, subject to the following standards:
1. The minimum lot area for the dwelling unit (“parsonage lot”)
shall be 7,500 square feet. The parsonage lot shall be used
exclusively for the dwelling unit, & shall not include any primary or
other accessory use allowable on the site. The parsonage lot shall
not be used for any support activity to the primary or accessory
uses, such as outdoor play areas, storage, or parking, other than
as specifically provided in Section 5.05.07(J)(5) & (6) below.
2. The maximum lot coverage for the parsonage lot shall be 35%.
3. Two parking spaces shall be provided within the parsonage lot.
4. The maximum building height on the parsonage lot shall be
35 feet.
5. The parsonage lot may contain children’s outdoor play
equipment, in a size & quantity typical of a single-family residential
use.
6. The parsonage lot may contain a residential swimming pool,
fully enclosed, & attached to the dwelling.
K. A specific parking plan shall be provided. This plan shall identify
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
TWO
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
5.05.08. Daycare, Preschool, & Nursery School.
A. Day care centers shall provide proof of compliance with State
standards.
B. Playgrounds shall be provided in a size & type required by State
standards. The following additional standards shall apply:
1. The playground shall be located in the rear yard. Where site
characteristics prevent location of a playground in the rear yard,
& adequate space is available in the side yard, a playground
may be located in the side yard. Location of a playground in the
front yard is prohibited.
2. The playground shall be fully fenced. The fence shall meet
the standards set forth in Section 5.01.06.
3. The playground shall be located no closer than 50 feet to any
adjacent property designated as a residential land use district.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
the primary use & each accessory use proposed on the site. The
parking plan shall indicate the hours of operation & peak times of
use (parking demand) for the primary use & each accessory use on
the site. The parking standards for the primary use & each accessory
use shall be identified, based upon Section 6.05.06. The parking
plan may include reduced or shared parking. If reduced or shared
parking is proposed, the parking plan & supporting data shall clearly
indicate that differing peak use & associated parking requirements
shall not result in a parking deficiency on the site. The parking plan
shall indicate areas designated for overflow parking during times of
extraordinary use (such as festival or holiday periods).
L. For religious uses that exceed 10,000 square feet in total floor
area, excluding the parsonage, if any, the minimum setback from
any residential property line that is otherwise required shall increase
5 feet for each 2,000 square feet, or portion thereof, over 10,000
square feet.
M. Temporary portable Sunday school classrooms. The City
Manager may authorize a temporary use permit for temporary
portable school classrooms in the P/I land use district when the
religious facility is in the process of permitting permanent facilities:
1. Duration. Such temporary permits shall not exceed 1 year
in duration, but shall be renewable annually for a total of 3
consecutive years. In considering renewal of a temporary permit,
the City Manager shall evaluate the impact of the portable
classrooms on adjacent properties. If the City Manager determines
that the temporary classrooms are having an undesirable impact
on adjacent property due to increased noise, light, glare, activity or
for a violation of any special condition placed upon the operation
of classrooms by the temporary use permit, the temporary permit
shall not be renewed.
2. Number. The maximum number of temporary portable
classrooms allowed in any one religious facility is 3.
3. Size. The total square footage of all the temporary portable
classrooms combined shall not exceed 6,000 square feet.
4. Use. No accessory use may be conducted in the temporary
portable classrooms.
____________________________________________________________________________________________________
5.05.09. Public & Private Schools.
A. Schools shall be constructed as provided by State law.
B.
The following site design standards are required:
____________________________________________________________________________________________________
< PREVIOUS
Table
5.05.09(B). Standards for Public & Private Schools.
____________________________________________________________________________________________________
Development Feature Standard
Minimum site area  5 acres
Minimum lot width  200 feet
Access requirements  Arterial or Collector Road
Drop-off and pickup areas  Designed and located away from residential areas
 Separated from parking areas
 Located on the school site & not within a public right-of-way.
___________________________________________________________________
96
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
5
5.05.10. Group Homes.
A. Group homes in residential districts containing six (6) or fewer
residents, as determined by State law, shall be treated the same
as any other residential unit.
B. All other forms of group homes, assisted living facilities, & nursing
& convalescent care facilities, shall be permissible, as provided
within
Table 2.03.02.
____________________________________________________________________________________________________
5.05.11. Mixed Use Development Projects. Mixed use
development projects containing both residential uses with
commercial, professional office, & public/institutional uses may
include residential densities of up to 20.0 units per acre provided
the following standards are met.
CHAPTER
THREE
3
CHAPTER
TWO
4
2
CHAPTER
ONE
CHAPTER
FOUR
Permissible Use 1
< PREVIOUS
Minimum
(% of gross land
area) Maximum
(% of gross land
area)
Location Requirements
____________________________________________________________________________________________________
Residential 45 None Professional office &
commercial None 45 Parks, recreation, &
open space 10
None None
Located less than 300 ft. from an arterial or collector road
PLANNING DEPT.
WEBSITE
A.
Use.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
 As required by State law & City standards for commercial sites
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
Stormwater Drainage
Facilities INDICES
8
th
Parking Requirements Pre-K – 8 grade:
 1 space per employee, based on maximum staffing
 Plus 1 space for each 3 auditorium seats
High Schools
 1 space per 3 students in addition to employee & auditorium
th
parking as provided for pre-K – 8 grade facilities
___________________________________________________________________
TABLE OF
CONTENTS
9
Outdoor recreation areas  Setback a minimum of 75 feet from any property designated or used
for residential purposes, as measured
from the nearest property line.
 Fully enclosed by a fence meeting the requirements of Table 5.01.06.
 Directed & shielded to avoid illumination of adjacent properties, as measured at the property line
___________________________________________________________________
FRONT
PAGE
10
CHAPTER
EIGHT
Table
5.05.09(B). Standards for Public & Private Schools.
____________________________________________________________________________________________________
None
____________________________________________________________________________________________________
B. All projects containing more than 50,000 square feet of building
area shall be mixed use projects.
C. Maximum building height shall be as provided in Section 4.02.02.
Taller buildings within any project shall provide a step-down from
taller buildings to shorter buildings to provide height transition
between buildings on-site and adjacent land uses as applicable.
1. Structures along the boundary of a project shall not exceed 1
& a half (1½) times the height of any single-family detached unit
within 25 feet of the mixed use project site.
2. Structures along the boundary of a project shall not exceed 2
& a half (2½) times the height of any other single-family detached
unit within 50 feet of the mixed use project site.
D. Massing.
1. All buildings over 50,000 square feet shall be multistory buildings.
2. Buildings over 50,000 square feet in area shall use architectural
features to create a sense of scale that is compatible with adjacent
land uses. These features shall include:
a. Clear, un-tinted windows along the building façade located at
intervals of not more than 20 feet;
97
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
5.05.13. Motorized Vehicle Sales (New or Used). Motorized vehicle sales established for new or used vehicles are permissible
in the C & IND land use districts, subject to the standards for the
district & the supplemental standards set forth in this section.
A. Motorized vehicle sales establishments may sell, rent, or
lease vehicles, including recreational vehicles, motor vehicles, &
watercraft that are currently licensed.
B. Motorized vehicle sales establishments shall be located a
minimum of 100 feet from any property designated for residential
use.
C. All areas for display or sale shall be provided with a paved, or
stabilized, dust free surface. Areas used for display or sale of vehicles shall not include any parking spaces required to meet the
standards of Section 6.05.06.
D. Mechanical repairs, body, & paint repairs are permitted as an
accessory use to facilities providing new or used vehicles, watercraft, & recreational vehicle sales. Such repairs shall only be
conducted within an enclosed building which meets all applicable
federal & State requirements, including health, safety & fire prevention regulations.
E. All property lines adjacent to vehicle displays shall have installed
a permanent guardrail, fence, or parking block to prevent vehicles
from accidentally rolling from the display area.
F. The owner of the vehicle sales establishment shall prepare
a plan & inventory for the safe storage of flammable or hazardous materials to be stored or used on the property. The plan shall
provide for the prevention, containment, recovery, & mitigation of
spilled fuel or other hazardous material. The inventory shall be
submitted to the City prior to the building permit approval, listing
the type, quantity, & location of these materials. The inventory shall
be kept current pursuant to direction provided by the City.
G. Vehicles, signs, banners, tents, or other items shall not be
stored, parked, displayed, or otherwise placed on public rights-ofUnified Land Development Code
98
PLANNING DEPT.
WEBSITE
5
1. Where landscaping is proposed as screening, a buffer “D” shall
be required, as set forth in Section 4.06.03.
2. Where a fence or wall is proposed, the fence or wall shall be
solid & either wooden, or masonry, a minimum of six (6) feet in
height, & a maximum of eight (8) feet in height.
B. Stored materials shall not exceed the height of the fence.
C. Outdoor storage of parts & materials shall be maintained in a
neat & orderly manner.
D. Outdoor storage shall include goods, materials, & vehicles with
current tag & registration.
E. The storage area shall be maintained in a stabilized, dust-free
surface.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
A. Outdoor storage shall be fully screened from view from
adjacent properties & from public rights-of-way by a fence, wall, or
landscaping.
CELL TOWER
ORDINANCE
7
5.05.12. Outdoor Storage.
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
b. Covered entrances; &
c. Use of building materials and architectural details to create
visual interest for each 100 feet of building frontage.
d. Visual interest may also be created thru the use of:
i. Staggered frontage of the building
ii. Recessed doors and windows
iii. Awnings or canopies
iv. Varied facades from building to building along the street frontage
E. Compatibility of the project with the surrounding land uses shall
be as provided in Section 4.02.07.
F. The nonresidential portion of mixed use projects shall front on &
take access from an arterial or collector road.
G.
Maximum ISR as provided in Section 4.02.01.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TWO
CHAPTER
TEN
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
5.05.16. Marinas.
A. A marina is permissible in the C, IND, PI, & TND land use districts, subject to the district standards & the supplemental standards set forth below.
B. A marina shall provide parking for boat trailers or vehicle-trailer
combinations. Fifty (50) percent (%) of the required off-street parking vehicles may be replaced with parking for vehicle-trailer combinations.
C. A marina may provide sale of fuel & oil for watercraft, sale of
parts & supplies for watercraft, sale of prepared, packaged food
& beverages for personal consumption, sale of personal safety
equipment, sale of bait, sale of fishing equipment & wet storage
for boats in the C, IND, PI, & TND districts. Dry storage may be
provided in the C, IND, & PI districts.
D. Construction of a new marina, expansion of an existing maUnified Land Development Code
99
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
5.05.15. Mini-Warehouse & Self Store Facilities.
A. Mini-warehouse or self-service storage facility, provided such
facility complies with the following:
1. Use shall only be for dead storage of personal property not otherwise prohibited herein.
2. There shall be no:
a. Commercial wholesale or retail sales; auctions; garage sales;
flea markets, except for sales conducted, pursuant to 677.210
Florida Statutes;
b. Servicing, repair, fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances or similar equipment;
c. Operation of any power tools, spray-painting equipment, table
saws, lathes, compressors, welding equipment, kilns or other
similar equipment;
d. Establishment of a transfer storage business; or
e. Any use that is noxious or offensive because of odors, dust,
noise, fumes or vibrations.
3. There shall be no storage of flammable liquids or other dangerous materials or chemicals, or storage of animals.
4. Such facility shall be completely enclosed & climate controlled
within 300 feet of a public road.
5. There shall be no activity, including, but not limited to, band
practice, which causes the assembly of people not using the facility for dead storage.
6. No facility or part thereof shall be used as a dwelling.
7.
There shall be no unlawful use of a facility or part thereof.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
5.05.14. Multi-Family Residential Development in C & IND
Land Use Districts.
A. Multifamily residential development may be allowed within C
& IND land use districts in compliance with the standards of this
section.
B. The maximum density is twenty (20) units per acre.
C. The proposed development shall demonstrate compliance with
the compatibility standards in Section 4.02.07.
D. The proposed development shall provide a demonstrated public
benefit
as required by the Comprehensive Plan.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
FRONT
PAGE
10
way at any time.
H. All exterior lighting shall be directed or shielded to avoid illumination of adjacent properties.
I. Audio amplification systems, including, but not limited to, telephone loudspeakers or paging systems, shall be located to ensure
that they cannot be heard on adjacent properties.
J. All outside storage & loading areas shall be fully screened from
view from adjacent properties & the public right-of-way. Screening
may be landscaping or enclosure by a wooden, masonry, or solid
fence. Where landscaping is provided, the landscaping shall be a
minimum of buffer “C” meeting the standards set forth in Section
4.06.03. Where a fence is provided, the fence shall be a maximum
of
6 feet in height. The finished side shall face outward.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
rina, or renovation of an existing marina shall comply with the
1. All docks & structures erected over or in the water shall be
confined to the area adjacent to the uplands forming a part of
the marina.
2. Parking & dry-storage shall be placed on uplands outside
of any environmentally sensitive lands described in Section
3.02.00.
3. Any permissible channels shall be of a minimum depth &
width capable of providing access to the marina.
4. Design & construction of the marina, associated docks, piers,
&/or boardwalks shall maintain natural water circulation & the
free flow of water.
5. No piers, docks, or other facility shall be located so as to interfere with navigation.
6. Wetlands & grass beds shall be avoided.
7. Construction materials & processes shall minimize environmental impacts & shall be the best technology available.
8. Where fuel or other hazardous substances will be stored,
handled, or sold, the marina shall provide facilities & procedures for the prevention, containment, recovery, & mitigation of
spilled fuel or other hazardous substance. Facilities & procedures shall be designed to prevent substances from entering
the water or soil, & shall include adequate means for prompt &
effective cleanup of any spills that occur.
9. Fueling facilities shall be located as far as possible from the
shoreline. Permanent docking is prohibited along the portion of
the pier containing fuel pumps & fueling equipment.
10. Stacked dry storage shall only be permissible within an enclosed building.
11. Facilities for engine repair shall be within an enclosed building.
E. Any marina which provides mooring for vessels for livingaboard purposes shall comply with the following standards:
1. The vessels used for habitation shall have sewage holding
facilities.
2. The marina shall provide pump-out, holding, & treatment
facilities.
3. A dumpster shall be provided, in compliance with the design, location, & screening requirements set forth in Section
5.01.05.
4. The marina shall have public restrooms with facilities for
bathing.
F. Proof of permits or exemptions from applicable State & federal
regulatory
agencies shall be provided to the City.
____________________________________________________________________________________________________
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
< PREVIOUS
100
Figure 5.1: Façade Area.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
TYPICAL BUILDING
WITH ROOF SLOPE
LESS THAN 45 .
4
FACADE AREA EXAMPLES
____________________________________________________________________________________________________
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
Figure 5.2: Letters or Pictures
1
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
5
TYPICAL BUILDING
WITH ROOF SLOPE
STEEPER THAN 45 .
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
TYPICAL BUILDINGS
WITH FLAT ROOFS
FRONT
PAGE
10
CHAPTER
CHAPTER
FIVE
FIVE
Figure 5.1: Facade Area.
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
AREA OF
GEOMETRIC
< PREVIOUS
AREA OF SIGN WITH LETTERS OR
PICTURES ATTACHED DIRECTLY TO A WALL, WINDOW,
DOOR, ETC. (WITHOUT A BORDER)
101
NEXT >
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
SIGN AREA OF SIGN WITH FOUR FACES
CHAPTER
THREE
3
CHAPTER
TWO
2
1
LENGTH
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
Figure 5.4: Three-Dimensional Object
PLANNING DEPT.
WEBSITE
5
CHAPTER
ONE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
SIX
Figure 5.3: Four Sign Faces
WIDTH
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
SIGN AREA, THREE DIMENSIONAL OBJECT
< PREVIOUS
____________________________________________________________________________________________________
102
NEXT >
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
CHAPTER
FIVE
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
CHAPTER
ONE
Figure 5.5: Sign Height.
SIGN HEIGHT
ACCESSORY,
TEMPORARY, &
SPECIAL USE
SITUATIONS
NEXT >
< PREVIOUS
103
6
CHAPTER 6: CONCURRENCY & INFRASTRUCTURE REQUIREMENTS
10
6.00.00. GENERALLY. This chapter sets forth the requirements
regarding provisions of public facilities & requirements to ensure
that public facilities are available when needed to provide service
to development. In addition, the Technical Standards Manual
contains detailed requirements regarding construction standards
& methodology for calculating concurrency.
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
6.01.02. Determination of Concurrency.
A. Certificate of Concurrency.
1. A Certificate of Concurrency shall be required simultaneous
with the issuance of a local development order.
2. Fees for the concurrency review determination & the Certificate of Concurrency shall be established by the City Commission to pay for the cost of administration & management based
on the type & size of development. The City shall establish the
fees by resolution & may amend the fee schedule from time to
time by resolution.
3. If a development will require more than 1 local development
order, the issuance of the Certificate of Concurrency shall
occur prior to the issuance of the initial local development order.
4. A Certificate of Concurrency shall automatically expire
simultaneously with the expiration of the local development
order to which it applies.
5. If a time extension is granted prior to the expiration of a local development order, then the accompanying certificate of
concurrency shall be automatically renewed for the length of
the time extension.
B. In order to obtain a Certificate of Concurrency, at least 1 of
the following conditions must be satisfied:
1. The necessary public facilities & services are in place at the
time the development permit is issued;
2. The development permit is issued subject to the condition that
the necessary public facilities & services shall be in place when
the impacts of the development occur;
3. The necessary public facilities & services are under construction at the time the development permit is issued;
4. The necessary public facilities & services are guaranteed in
an enforceable development agreement, pursuant to Section
163.3220 thru 163.3243, F.S.; or
5. The necessary public facilities & services are the subject of a
binding executed contract between the City & a contractor which
provides for the commencement of the actual construction of the
required facilities or the provision of services within 1 year of the
issuance of the development permit.
____________________________________________________________________________________________________
104
PLANNING DEPT.
WEBSITE
5
A. Purpose. The provisions of this section ensure that public facilities
& services needed to support proposed developments are available
concurrent with the impacts & consistent with the adopted level of
service standards. A Certificate of Concurrency shall be required,
prior to the issuance of any local development order.
B. All development shall meet the adopted level of service standards
for the following public facilities & services:
1. Potable water;
2. Sanitary sewer;
3. Solid waste;
4. Recreation & open space;
5. Stormwater management;
6. Transportation; &
____________________________________________________________________________________________________
7. (Reserved for Schools).
FUTURE LAND
USE MAP - 2011
6
6.01.01. Purpose & Applicability.
CELL TOWER
ORDINANCE
7
____________________________________________________________________________________________________
INDICES
8
6.01.00. CONCURRENCY REQUIREMENTS.
TABLE OF
CONTENTS
9
CHAPTER
ONE
____________________________________________________________________________________________________
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
6.01.05. Strategies to Rectify Lack of Concurrency. Where an
evaluation of concurrency shows that the proposed development
cannot meet the level of service standards, the following methods
shall be considered, in order to meet the concurrency requirement:
A. A plan amendment shall be adopted which lowers the adopted
level of service standard for the affected facilities & services to a
standard that can be met by the proposed development.
B. A renegotiated binding contract (as set forth in Section
6.01.02(B)(5)) shall be adopted.
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
6.01.04. De Minimis Projects.
A. If a proposed development relates to land use of such a low
intensity as to have a de minimis effect, if any, upon the level of
service standards set forth in the City Plan, the development shall
be exempt from concurrency review.
1. A development permit for any single-family dwelling addition to
a single-family dwelling, or the erection of accessory structures
shall be deemed a de minimis project.
2. Less than 500 square feet utilized for nonresidential purposes
shall be deemed de minimis.
3. Where the average daily traffic is not more than 0.1% (?) of
the maximum volume adopted as the level of service standard,
the project shall be deemed to have a de minimis transportation
impact. The average daily traffic shall be based on the Institute
of Transportation Engineers (ITE), Trip Generation Handbook.
B. A Certificate of Concurrency shall be issued for the de minimis
development.
C. Although de minimis development is exempt from the concurrency review process, the City shall calculate the demand created
by the development & subtract it from the existing capacity for public
facilities
& services.
__________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
B. Sanitary sewer, solid waste, drainage, & potable water.
1. The concurrency evaluation shall compare the available capacity
to the demand of the proposed development.
2. The available capacity shall be determined by adding together:
a. The total of the existing capacity, if any; &
b. The total future capacity of any proposed construc
tion or expansion that meets the requirements of Sec
tion 6.01.02.
C. Parks & recreation.
1. The concurrency evaluation shall compare the available capacity
to the demand of the proposed development.
2. The available capacity shall be determined by adding together:
a. The total of the existing capacity, if any; &
b. The total future capacity of any proposed construc
tion or expansion that meets the requirements of Sec
tion 6.01.02.
D.
Schools.
(Reserved)
__________________________________________________________________________________________
INDICES
8
2. The level of service shall be based upon existing roads,
including any proposed improvements to those roads, meeting
the minimum requirements for concurrency, set forth in Section
6.01.02.
TABLE OF
CONTENTS
9
CHAPTER
ONE
10
1. The evaluation for a Certificate of Concurrency shall compare
the adopted level of service standards established by the City
Plan for the impacted roads with the proposed traffic volume. The
proposed traffic volume shall be based on a traffic study.
FRONT
PAGE
CHAPTER
TEN
A. Transportation.
C. A renegotiated enforceable development agreement (as set
forth in Section 6.01.02(B)(4)) shall be adopted.
D. A different funding source shall be committed to the provision
of the necessary facilities & services.
105
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
__________________________________________________________________________________________
6.01.06. Proportionate Fair-Share Transportation Mitigation.
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
D. Minimum Requirements for Proportionate Fair-Share
Transportation Mitigation. Notwithstanding Section 6.01.05 of
the ULDC, an applicant for development may choose to satisfy all
transportation concurrency requirements by contributing or paying
proportionate fair-share transportation mitigation only under
the following conditions:
1. The proposed development is consistent with the Comprehensive
Plan & the ULDC.
2. The City’s 5-Year Schedule of Capital Improvements (CIP) in the
Capital Improvements Element includes transportation improvements that, upon completion, will fully mitigate for the additional
traffic generated by the proposed development.
3. If the City of Lynn Haven’s CMS indicates that the capacity of the
transportation improvement set forth in the CIP has already been
consumed by the allocated trips of previously approved development, or the CIP does not reflect the transportation improvement
needed to satisfy concurrency, then the provisions of 6.01.06(D)
(4) shall apply.
4. The City may choose to allow an applicant to satisfy transportation concurrency through the proportionate fair-share mitigation
by contributing to an improvement that, upon completion, will fully
mitigate for the additional traffic generated by the proposed development but is not contained in the CIP as follows:
a) The City Commission votes to add the improvement to the CIP
no later than the next regularly scheduled update of the CIP. To
qualify for consideration under this section, the proposed improvement must be determined to be financially feasible, pursuant to
Section 163.3180(16)(b)1, F.S., consistent with the Comprehensive Plan & ULDC. The term financial feasibility under this section
means that additional contributions, payments or funding sources
106
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
C. Exclusions. Proportionate fair-share transportation mitigation
does not apply to a multiuse development of regional impact (DRI)
using Proportionate Fair-Share under Section 163.3180(12),
F.S., or to developments exempted from concurrency as provided
in the Comprehensive Plan, in other applicable land development
regulations, &/or pursuant to the provisions of Chapter 163.3180,
F.S., governing de minimis, onsite roadway improvements, or offsite
improvements otherwise required by the ULDC for non-deficient
roadway segments. Any development asserting de minimis status
may be required to provide the City such a traffic study whenever
the status is not readily apparent.
CELL TOWER
ORDINANCE
7
B. Applicability. Proportionate fair-share transportation
mitigation shall apply to all applicants for development in the City
of Lynn Haven that have been identified as having a lack of capacity
to satisfy transportation concurrency on a transportation facility
governed by the City of Lynn Haven’s Concurrency Management
System (CMS), including transportation facilities maintained by
FDOT & other jurisdictions that are relied upon for concurrency
determinations.
INDICES
8
CHAPTER
ONE
9
A. Purpose. The purpose of this section is to describe the method
whereby the impacts of development on transportation facilities
can be mitigated by the cooperative efforts of the public & private
sectors, to be known as proportionate fair-share transportation
mitigation, as required by & in a manner consistent with Section
163.3180(16), F.S.
TABLE OF
CONTENTS
CHAPTER
NINE
10
F. The development may be proposed in phases. Approval of
the Certificate of Concurrency shall be limited to the phase or
phases that meet the concurrency requirements.
FRONT
PAGE
CHAPTER
TEN
E. The proposed development shall be modified to achieve
concurrency through reduction in the amount of development &
reductions in the resulting impacts of the proposed development.
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
107
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
are reasonably anticipated during a period not to exceed 10 years
to fully mitigate for the impacts of the proposed development on
transportation facilities.
b) If the funds allocated for the CIP are insufficient to fully fund
construction of a transportation improvement required by the
CMS, the City may enter into a Binding Proportionate Fair-Share
Agreement with the applicant pursuant with these regulations or,
as a condition of development approval, authorize construction
of that amount of development on which the fair-share is
calculated for which the proposed proportionate fair-share
mitigation will, in the opinion of the City or governmental entity
maintaining the transportation facility, significantly benefit the
impacted transportation system. Criteria governing this opinion
include whether the proposed transportation improvements that
would constitute proportionate fair-share mitigation are to be
contained in an adopted short or long range transportation plan
or program of the City, TPO, FDOT, or local or regional transit
agency. Proposed improvements not reflected in an adopted
transportation plan or program that would significantly reduce
access problems, congestion & trips, or increase mobility in the
impacted transportation system, such as new roads, additional right
of way, service roads, operational improvements, improved network
development, increased connectivity, roadway drainage, or transit
oriented solutions, may also be considered at the discretion of the
City. Any improvement or improvements funded by proportionate
fair-share mitigation must be adopted into the long-term schedule
of capital improvements at the next regularly scheduled update of
the long-term schedule of capital improvements.
5. Any improvement project proposed to meet the developer’s
fair-share obligation must meet design standards of the improved
facility’s maintaining agency.
E. Intergovernmental Coordination. Pursuant to policies in the
Intergovernmental Coordination Element of the City of Lynn Haven
Comprehensive Plan & applicable policies in Bay County TPO
programs (such as the Unified Work Program, Transportation
Improvement Program, Project Priorities, 2030 Long Range
Transportation Plan, etc.), as amended, the City shall coordinate
with affected jurisdictions, including FDOT & Bay County regarding
mitigation to impacted facilities not under the jurisdiction of the City.
An interlocal agreement may be established with other affected
jurisdictions for this purpose.
F. Application Process. The proportionate fair-share transportation
mitigation shall be governed by the following procedures:
1. Upon determination of a lack of capacity to satisfy transportation
concurrency, the applicant for development shall be notified in writing
of these proportionate fair-share mitigation regulations.
2. Prior to submitting an application for proportionate fair-share
mitigation, a pre-application meeting shall be held to discuss
eligibility, application submittal requirements, potential mitigation
options, & related issues. If the impacted facility is on the Strategic
Intermodal System (SIS), then FDOT will be notified & invited to
participate in the pre-application meeting.
3. Eligible applicants shall submit an application to the City Manager
that includes an application fee of $575 & the following:
a) Name, address, & phone number of owner(s), developer & agent;
b) Property location, including parcel identification numbers;
c) Legal description and survey of property;
d) Project description, including type, intensity, & amount of development;
e) Phasing schedule, if applicable;
f) Description of requested proportionate fair-share mitigation method(s);
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
“Based upon the cumulative number of trips from the proposed development
expected to reach roadways during peak hours from the complete build-out of a
stage or phase being approved, divided by the change in the peak hour maximum
service volume (MSV) of roadways resulting from construction of an improvement
necessary to maintain the adopted level of service, multiplied by the construction
cost, at the time of developer payment, of the improvement necessary to maintain
the adopted level of service.”
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
g) Estimated value of the proposed fair-share mitigation pursuant to this section; &
h) Copy of concurrency application.
4. The City Manager shall review the application & determine that the
application is sufficient & complete. If an application is determined
to be insufficient, incomplete, or inconsistent with the general
requirements of this section, then the applicant will be notified in
writing of the reasons for such deficiencies within 30 business days
of submittal of the application. If such deficiencies are not remedied
by the applicant within 90 business days of notification, the City
Manager shall deny the application. The City Manager may grant
an extension of time, if requested in writing from the applicant, not
to exceed 90 business days to cure such deficiencies, provided that
the applicant has shown good cause for the extension & has taken
reasonable steps to affect a cure.
5. Pursuant to Section 163.3180(16)(e), F.S., proposed
proportionate fair-share mitigation for development impacts to
facilities on the SIS requires the concurrence of FDOT. In such
event, the applicant shall submit evidence that FDOT concurs with
the proposed proportionate fair-share mitigation.
6. Within 90 business days from the date at which the application
is deemed sufficient, complete, & eligible, the City Manager
shall evaluate the application pursuant to these regulations
& thereafter shall notify the applicant in writing whether the
proposed proportionate fair-share mitigation application has
been approved, approved with conditions, or denied. A copy of
the notice shall be provided to FDOT for any proportionate fairshare mitigation proposed on a Strategic Intermodal System
(SIS) facility, as well as any other FDOT facility. The Certificate
of Concurrency will be issued according to Section 6.01.06(H).
In addition to the initial application fee specified in 6.01.06(F)(3),
the applicant shall reimburse the City for all fees including, but not
limited to, legal & engineering, expenses & internal costs incurred
by the City in determining the proportionate fair-share mitigation
authorized herein. Appeals of the decisions of the City Manager,
pursuant to this section, shall be made pursuant to the procedures
specified in Section 9.03.04.
G. Methodology for Determining Proportionate Fair-Share
Transportation Mitigation. The following shall describe the
methodology to determine proportionate fair-share transportation
mitigation:
1. Proportionate fair-share mitigation for concurrency impacts
may include, without limitation, separately or collectively, private
funds, contributions of land, & construction & contribution of facilities,
& may include public funds, if the use of public funds is authorized
by the City Commission.
2. A development shall not be required to pay more than
its proportionate fair-share. The fair market value of the
proportionate fair-share mitigation for the impacted facilities shall
not differ among the forms of proportionate fair-share mitigation.
3. The methodology to be used by the City Manager to calculate
an applicant’s proportionate fair-share mitigation shall be as
provided for in Section 163.3180(12), F.S., as follows:
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
OR
< PREVIOUS
Proportionate Fair-Share = [(Development Tripsi-Available Capacityi)/Service
Volume Increasei] x Cost of Roadway Segment Improvementi
108
NEXT >
Where:
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
109
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
Costi = Adjusted cost of the improvement to segment “i”. Cost shall
include all improvements & associated costs, such as design, rightof-way acquisition, planning, engineering, inspection, & physical
development costs directly associated with construction at the
anticipated cost in the year it will be incurred.
4. The term “cumulative” used above includes only those trips
from the stage or phase of a development being considered in the
application. The trips expected to reach the failing roadway for this
calculation are those identified in the development’s traffic impact
analysis. All assumptions used in the proportionate fair-share
calculation should be consistent with those used by the City in its
CMS.
5. For the purposes of determining proportionate fair-share
mitigation, the City shall determine improvement costs based
upon the actual cost of the improvement as obtained from the
Capital Improvements Element, the CIP, the TPO Transportation
Improvement Program, or the FDOT Work Program. Where such
information is not available, improvement cost shall be determined
using one of the following methods:
a) An analysis by the City of costs by cross section type that
incorporates data from recent projects & is updated annually. In
order to accommodate increases in construction material costs,
project costs shall be adjusted by the inflation factor established
by the United States Department of Commerce; or
b) The most recent issue of FDOT Transportation Costs,
as adjusted based upon the type of cross section (urban or
rural), locally available data from recent projects on acquisition,
drainage, & utility costs, & significant changes in the cost of
materials, due to unforeseeable events. Cost estimates for state
road improvements not included in the adopted FDOT Work
Program shall be determined using this method in coordination
with the FDOT District.
6. If a proposed form of proportionate fair-share mitigation is
other than financial, then the value of the proportionate fair-share
mitigation improvement shall be determined using one of the
methods provided in this section.
7. If the fair market value of an alternative form of fair-share
mitigation is less than the total proportionate fair-share obligation
as determined above, the applicant must pay the difference. The
City may accept forms of proportionate fair-share mitigation that
exceed the actual values calculated above, but the City shall not
compensate an applicant for proportionate fair-share mitigation
that exceeds the applicant’s fair-share mitigation obligation.
8. If land or right-of-way dedication is proposed as a form of
proportionate fair-share mitigation, the value of the land or right of
way shall be the fair market value established by an independent
appraisal approved by the City at the time of the application & at
no expense to the City. The applicant shall supply a survey & legal
description of the land or right of way & a certificate of title or title
search of the land to the City, at no expense to the City, along with
the application, & shall, at closing, deliver clear title by warranty deed
to the City & title insurance for the fair market value of the interest
CELL TOWER
ORDINANCE
7
Service Volume Increasei = Service volume increase provided
by the eligible improvement to roadway segment “i” per Section
6.01.06(D);
INDICES
8
Available Capacity = Number of trips available on roadway
segment “i” before a deficiency, per the long-term Concurrency
Management System, is triggered. If the roadway is already
deficient, there is no available capacity.
TABLE OF
CONTENTS
9
CHAPTER
ONE
10
FRONT
PAGE
CHAPTER
TEN
Development Trips = Those trips from the stage or phase of
development under review that are assigned to roadway segment “i”.
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
110
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
conveyed in form & through an underwriter acceptable to the City.
Prior to purchase of acquisition of any real estate or acceptance of
donations of real estate intended to be used for the proportionate
fair-share mitigation, public or private partners should contact
FDOT for essential information about compliance with federal law
& regulations.
H. Certificate of Concurrency for Proportionate Fair-Share
Transportation Mitigation. Upon approval of an application for
proportionate fair-share transportation mitigation, the following
requirements shall apply:
1. Notwithstanding the concurrency requirement of the City’s
comprehensive plan & ULDC, upon approval of an application for
proportionate fair-share transportation mitigation, the City shall
issue to the applicant a Certificate of Concurrency acknowledging
concurrency for transportation facilities, conditioned upon the
agreed to proportionate fair-share mitigation, required by this
Section. Proportionate fair-share mitigation shall be reflected in
a legally binding mitigation agreement executed by the City & the
applicant. The agreement shall set forth the terms of the mitigation,
including such issues as the amount, nature, & timing of donations,
construction, or funding to be provided by the developer, & any other
matters necessary to effectuate mitigation, in accordance with this
Agreement. The mitigation agreement shall specify the amount &
timing of any transportation impact fee credits that will be provided
by the local government, as required by state law.
2. If the applicant fails to apply for a building permit within 12 months
of the date of the Certificate of Concurrency, then the certificate
& the approval of the application for proportionate fair-share
mitigation shall be considered null & void, & the applicant will be
required to reapply. The City Manager may grant an extension of up
to an additional 12 months, if requested in writing by the applicant,
showing good cause for the extension.
3. Payment of the proportionate fair-share mitigation funds
are due in full, prior to issuance of the final development order or
recording of the final plat & shall be nonrefundable. If the payment
is submitted more than 12 months from the date of the issuance of
the Certificate of Concurrency, then the proportionate fair-share
mitigation shall be recalculated at the time of payment based on the
best estimate of the construction cost of the required improvement
at the time of payment, pursuant to Section 6.01.06(G), & adjusted
accordingly.
4. If an applicant enters into a binding agreement or receives a
development order which requires road improvements as a condition
of development approval, such improvements must be completed
prior to issuance of a building permit or a final plat approval.
Alternatively, a presentment bond or irrevocable letter of credit in a
form acceptable to the City & issued by a bank or surety with a high
credit rating, payable to the City & sufficient to ensure the timely
completion of improvements, may be accepted by the City Manager.
5. Dedication of land or right-of-way for facility improvements to the
City as proportionate fair-share mitigation must be completed
prior to issuance of a building permit or a final plat approval.
6. Any requested change to a development project, subsequent to
a development order, may be subject to additional proportionate
fair-share mitigation to the extent the change would generate
additional traffic that would require mitigation. In such event, the
applicant for development must submit an application, pursuant to
these regulations.
7. Applicants may submit a letter to withdraw from the proportionate
fair-share mitigation at any time prior to the issuance of the
Certificate of Concurrency. The application fee & any associated
advertising costs to the City will be nonrefundable.
8. The City may consider joint applications for proportionate
fair-share mitigation to facilitate collaboration among multiple
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
applicants on improvements to a shared transportation facility, &
may coordinate with other jurisdictions on proportionate fair-share
mitigation through interlocal agreements.
I. Appropriation of Fair-Share Revenues. At the time the
proportionate fair-share transportation mitigation funds are
received pursuant to these regulations, the proportionate fairshare transportation mitigation funds shall be deposited as
follows:
1. Proportionate fair-share mitigation funds shall be placed
in the appropriate project account for funding of scheduled
improvements in the CIP, or as otherwise established in the terms
of the Certificate of Concurrency, or condition of development
approval. At the discretion of the City, proportionate fair-share
revenues may be used for operational improvements prior to
construction of a project from which the proportionate fair-share
contribution was derived. Proportionate fair-share mitigation
funds may also be used as the 50% local match for funding under
the FDOT Transportation Regional Incentive Program (TRIP).
2. In the event a scheduled facility improvement is removed
from the CIP, the revenues collected for its construction may be
applied toward the construction of another improvement within
that same corridor or sector which in the discretion of the City,
would mitigate the impacts of development.
3. Where an impacted regional facility has been designated as a
regionally significant transportation facility in an adopted regional
transportation plan, as provided in Section 339.155, F.S., the City
may coordinate with other impacted jurisdictions & agencies to
apply proportionate fair-share mitigation & public contributions
& seek funding for improving the impacted regional facility under
the FDOT TRIP. Such coordination shall be ratified by the City
through an interlocal agreement that establishes a procedure
for earmarking of the developer’s contributions for this purpose.
J. Impact Fee Credit for Proportionate Fair-Share Transportation
Mitigation. The following requirements shall apply regarding impact
fee credits & proportionate fair-share transportation mitigation:
1. Proportionate fair-share mitigation shall be applied as a
credit against any applicable City transportation impact fees
only when a transportation facility has a segment for which the
City transportation impact fee is being applied. Credits will be
given for that portion of the applicant’s transportation impact
fees that would have been used to fund the improvements on
which the proportionate fair-share mitigation is calculated.
If the proportionate fair-share mitigation is based on only a
portion of the development’s traffic, the credit will be limited to
that portion of the impact fees on which the proportionate fairshare mitigation is based.
2. Impact fee credits for the proportionate fair-share mitigation
will be determined when the transportation impact fee obligation
is calculated for the proposed development. If the applicant’s
proportionate fair-share mitigation is less than the development’s anticipated road impact fee for the specific stage or phase
of development under review, then the applicant or its successor
must pay the remaining impact fee amount to the City, pursuant
to the requirements of City’s impact fee ordinance.
3. The proportionate fair-share mitigation is intended to
mitigate the transportation impacts of a proposed development
at a specific location. As a result, any road impact fee credit,
based upon proportionate fair-share mitigation for a proposed
development, cannot be transferred to any other location. (Or-
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
dinance No. 867, 1-9-07)
__________________________________________________________________________________________
< PREVIOUS
6.02.00. REQUIREMENTS FOR POTABLE WATER, SANITARY
SEWER, & RECLAIMED WATER.
____________________________________________________________________________________________________
6.02.01. Requirements for Potable Water.
111
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
6
6.02.03. Requirements for Reclaimed Water Systems. All
subdivisions shall include reclaimed water irrigation systems
including storage, pumping, & distribution improvements in
compliance with FDEP regulations.
__________________________________________________________________________________________
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
A. After grading is completed & approved & before any base is
applied, all of the underground work (water mains, gas mains, etc.,
& all service connections) shall be installed completely & approved
throughout the length of the road & across the flat section.
B. The developer shall provide street lighting at not more than
400 feet intervals & at all street intersections. Type & location of
streetlights shall meet the requirements set forth in the Technical
Standards Manual.
C. Street markers & traffic signs installed by the developer shall meet
the requirements, set forth in the Technical Standards Manual.
If street markers & traffic signs are to be installed by the City, the
developer will reimburse the City for the cost of materials & labor
to install the signs.
D. Easements.
1. Easements for utilities, where required, shall be at least 20 feet
wide & shall be centered on rear or side lot lines, where practical.
2. Drainage easements, if required, shall be platted to a width of
the basin, swale or ditch plus 15 feet, or a minimum of 20 feet
for piped systems.
3. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, a storm water easement or drainage
right-of-way shall be provided that conforms to the requirements
of state regulatory agencies & the City.
__________________________________________________________________________________________
6.04.00.
STORMWATER MANAGEMENT REQUIREMENTS.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
CHAPTER
FOUR
6.03.00. INSTALLATION OF IMPROVEMENTS.
FUTURE LAND
USE MAP - 2011
CHAPTER
CHAPTER
SIX
SIX
__________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
6.02.02. Requirements for Sanitary Sewer.
A. All development shall be connected to a public sanitary sewer
system.
B. For infill development in areas where a sanitary sewer system is
not available, individual septic systems may be used.
C. If a sanitary sewer pumping station exists in an area to be
developed, the developer will be charged the prorated cost of the
pumping station or will defray the cost of enlarging the station as
required to handle the additional sewage flow.
D. Refer to the Technical Standards Manual for design &
construction standards.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
A. All development shall be properly connected with a community
or public water supply system that is adequate for both domestic
use & fire protection.
B. Water supply systems.
1. The sizes of water mains, the location & types of valves & hydrants, the amount of soil cover over the pipes, & other features of
the installation shall conform to the specifications of the American
Water Works Association & the Technical Standards Manual.
2. The size of water mains may be enlarged to provide future
service for other development. The initial cost of oversizing will
be borne by the applicant.
3. Crossing of existing paved streets shall be bored, unless otherwise directed by the City.
C.
Fire hydrants. (Refer to the Technical Standards Manual.)
__________________________________________________________________________________________
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
6.04.01. Generally. It is the intent of this section to provide standards
to:
< PREVIOUS
A. Protect the quantity & quality of groundwater & surface water;
B. Perpetuate recharge into the groundwater system;
112
NEXT >
C. Reduce erosion loss of valuable top soils & subsequent
sedimentation of surface water bodies; &
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
6
2. Construction of less than 500 square feet utilized for nonresidential
purposes & deemed de minimis by concurrency regulations.
CHAPTER
FIVE
4
3
4. A Declared Emergency.
a. This section shall not be construed to prevent the doing of any
act necessary to prevent material harm to or destruction of real or
personal property as a result of a declared emergency, including,
but not limited to, fire, infestation by pests, hazards resulting from
violent storms or hurricanes, or when the property is in imminent
peril & the necessity of obtaining a permit is impractical & would
cause undue hardship in the protection of the property.
b. A report of any such emergency action shall be made to the
City Manager by the owner or the person in control of the property
upon which emergency action was taken as soon as practicable,
but no more than 10 days following such action. Remedial action
may be required by the City.
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
3. Maintenance of the drainage system by City personnel.
5
CHAPTER
THREE
1. Any maintenance, alteration, use, or improvement to an existing
structure not changing or affecting quality, rate, volume, or location
of surface water discharge.
FUTURE LAND
USE MAP - 2011
CHAPTER
CHAPTER
SIX
SIX
C. Exemptions. The following development activities are exempt
from the storm water management plan requirements:
CELL TOWER
ORDINANCE
7
A. Applicability.
1. In addition to meeting the requirements of this ULDC, the
design & performance of all storm water management systems
shall comply with all FDEP requirements, including models accepted by FDEP.
2. In all cases, the strictest of the applicable standards shall
apply.
3. The City shall condition final development orders to restrict
the commencement of development activity until all applicable
stormwater permits from the FDEP have been issued.
B. Timing of submittal and approval. Unless exempted, pursuant
to Section 6.04.02(C), a storm water management plan shall be
submitted & approved before:
1. A plat is recorded or land is subdivided;
2. An existing drainage system is altered, rerouted, deepened,
widened, enlarged or obstructed; or
3. Development is commenced.
INDICES
8
6.04.02. Applicability & Exemptions.
TABLE OF
CONTENTS
9
__________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
SEVEN
D. Alleviate downstream flooding hazards.
__________________________________________________________________________________________
CHAPTER
TWO
6.04.03. Standards for Storm Water Management.
2
A. Storm Water management plans shall demonstrate that the
proposed development or activity has been planned & designed &
will be constructed & maintained to meet the standards contained
within the Technical Standards Manual.
CHAPTER
ONE
B. Maintenance.
1
1. The systems maintained by the owner shall have adequate
easements to permit the City to inspect &, if necessary, to take
corrective action should the owner fail to properly maintain the
system.
2. Before taking corrective action, the City shall give the owner
written notice of the nature of the existing defects.
< PREVIOUS
3. If the owner fails within 30 days from the date of the notice to
commence corrective action or to appeal the matter to the City,
the City Manager may take corrective action, the cost of which
shall become a lien on the real property until paid.
__________________________________________________________________________________________
113
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
NINE
9
1. The storm water management plan shall, when appropriate,
contain maps, charts, graphs, tables, photographs, narrative
descriptions & explanations, & citations to support references.
2. The storm water management plan shall be prepared by a
professional engineer, licensed in the State of Florida.
B. The storm water management plan, if separate from the
construction plan & or preliminary plat, shall contain:
1. The name, address, & telephone number of the owner/
developer;
CHAPTER
SEVEN
CHAPTER
TWO
3
2
3. A description of all watercourses, water bodies, & wetlands
on or adjacent to the site or into which surface waters flow.
Information regarding their water quality & the current water
quality classification, if any, given them by the FDEP shall be
included;
4. Groundwater levels, including the seasonal high water table
(SHWT) elevation for design of wet & dry detention & retention
facilities. The SHWT is defined as the highest average depth of
soil saturation during the wet season in a normal year. Methods
to determine the SHWT are either through direct physical
measurements or indirectly by estimation of soil saturation
through inspection & evaluation of the soil profile by a trained
soil scientist; &
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
5
4
CHAPTER
ONE
1. The direction, flow rate, & volume of flow of surface water runoff
under predevelopment conditions;
2. The location of areas on the site where surface waters collect
& percolate into the ground;
CHAPTER
THREE
CHAPTER
FIVE
C. The existing environmental hydrologic conditions of the site & of
receiving waters & wetlands shall be described & mapped where
appropriate, including the following:
FUTURE LAND
USE MAP - 2011
6
3. The location with reference to such landmarks as major water
bodies, adjoining roads, railroads, subdivisions, or other major
geographic features.
CELL TOWER
ORDINANCE
7
CHAPTER
CHAPTER
SIX
SIX
2. The legal description of the property; &
INDICES
8
TABLE OF
CONTENTS
CHAPTER
EIGHT
10
A. It is the responsibility of an applicant at the time the site plan
application is submitted to include in the plan sufficient information
for reviewing officials to evaluate the environmental qualities of the
affected area, the potential & predicted impacts of the proposed
activity on affected waters, & the effectiveness & acceptability of
these measures proposed by the applicant for reducing adverse
impacts.
FRONT
PAGE
CHAPTER
TEN
6.04.04. Storm Water Management Plan Requirements.
5. A description of the topography, soils, vegetation, & location
of the floodplain.
D. Proposed alterations of the site shall be described & mapped
where appropriate, including:
1. Changes in topography;
2. Areas where vegetation will be cleared or otherwise killed;
3. Areas that will be covered with an impervious surface &
description of the surfacing material;
1
4. The size & location of buildings or structures; &
5. Proposed drainage facilities.
E. Predicted impacts of the proposed development on existing
conditions shall be described & mapped where appropriate,
including:
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
1. Changes in water quality;
< PREVIOUS
2. Changes in groundwater levels;
3. Changes in the extent of flooding on the site & upstream &
downstream from it. Floodways, floodplains, adjacent streams
114
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3. Areas of the site to be used or reserved for percolating
water into the ground, including a prediction of the impact on
groundwater quality;
4. A plan for the control of erosion & sedimentation, which
specifies in detail the type & location of control measures, the
stage of development at which they will be put into place or used
& provisions for the maintenance of them; &
5. Any other information which is necessary for an evaluation of
the proposed development.
__________________________________________________________________________________________
6.05.00. TRANSPORTATION, ACCESS, & PARKING REQUIREMENTS.
____________________________________________________________________________________________________
4
6.05.01. Generally. This section is provided to establish standards &
requirements for the transportation system, including streets, bicycle
ways, sidewalks, off-street parking, & loading areas.
__________________________________________________________________________________________
6.05.02. Street Access & Driveway Design Requirements.
A. Street arrangement & layout.
3
1. The arrangement, character, extent, width, grade, & location of
all streets shall be consistent with the existing street network.
PLANNING DEPT.
WEBSITE
CHAPTER
TWO
5
2. Detention & retention areas, including plans for the discharge
of contained waters, maintenance plans, & logical predictions of
water quality in the detention & retention areas;
FUTURE LAND
USE MAP - 2011
6
1. The channel, direction, flow rate, volume, & quality of surface
water that will be conveyed from the site, with a comparison to
predevelopment conditions;
CELL TOWER
ORDINANCE
7
F. All components of the drainage system & any measures for the
detention, retention, or infiltration of water or for the protection of
water quality shall be described & mapped where appropriate,
including:
INDICES
8
5. Impact on vegetation.
TABLE OF
CONTENTS
9
4. Impact on wetlands; &
FRONT
PAGE
10
& impoundments cannot adversely impact the off-site storage &
conveyance capabilities of the watercourse. More specifically,
the system may not cause a net reduction in flood storage within
a 10 year floodplain, except for structures elevated on pilings
or traversing works, & these works shall cause no more than a
one-foot increase in the 100 year floodplain elevation immediately
upstream & no more than one tenth (1/10th) of a foot increase 500
feet upstream. Compensating storage can be provided outside the
10 year floodplain ;
2. The arrangements of streets shall either:
a. Provide for the continuation or appropriate projection of
existing planned or platted streets in surrounding areas; or
2
b. Conform to a plan for the neighborhood approved or adopted
by the City to meet a particular situation where topographical or
other conditions make continuance or conformance to existing
streets impracticable.
CHAPTER
ONE
3. Table 6.05.02(A) provides street connection design alternatives.
__________________________________________________________________________________________
1
< PREVIOUS
Table
6.05.02(A). Planned Street Connections.
__________________________________________________________________________________________
Existing
Conditions
Design
__________________________________________________________________________________________
Abuts or contains an existing or proposed arterial street a. Marginal access streets; or
b. Reverse frontage with screen planting contained in a nonaccess reservation along the rear property line; or
c. Other treatment as may be necessary for adequate protection of residential properties & to afford separation of through & local traffic.
115
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
_________________________________________________________________________________________
Table
6.05.02(A). Planned Street Connections (continued).
__________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
Thirty (30) lots or
more adjacent to an
existing or platted existing subdivision a. At least 2 entrance streets into the proposed subdivision; or
b. A connecting street through the subdivision
Adjacent to an undeveloped area a. Two (2) entrances.
b. At least 1 proposed street shall terminate at a boundary line of the undeveloped area, unless it is a gated community.
c. A temporary turning circle shall be required at the end of that street or streets
with an outside diameter of 120 feet. This
requirement may be waived if the traffic
pattern of the subdivision contains more
than 1 exit to an existing road.
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
CHAPTER
CHAPTER
SIX
SIX
_____________________________________________________________________________________________________
6
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
2
1
1. Proposed streets shall extend to the boundary lines of the
tract to be subdivided where such an extension is necessary to
connect with streets in an existing, platted, or planned subdivision.
2. Reserve strips controlling access to streets shall be prohibited,
except where their control is definitely required in the City, under
conditions approved by the City.
3. Minor streets shall be so laid out that their use by through
traffic will be discouraged, except to provide connectivity between
subdivisions.
4. A cul-de-sac or local dead-end street shall not exceed 1,000
feet in length, and shall have at the closed end a turnaround with
an outside roadway diameter of at least 80 feet & a street property
line diameter of at least 120 feet. The cul-de-sac shall be paved
at a minimum of 80 feet, leaving no islands.
5. Half streets shall be prohibited. If an existing half-width public
or other right-of-way easement is parallel & contiguous with the
boundary of a proposed subdivision, the other half-width right-ofway shall be dedicated to the proposed subdivision.
6. No street shall intersect any other street at less than 90
degrees.
7. Property lines at street intersections shall be rounded with a
minimum radius of 35 feet, or where truck traffic is permissible,
a minimum radius of 50 feet.
8. Street jogs with centerline offsets at less than 125 feet are
prohibited.
9. A tangent at least 100 feet long shall be introduced between
the reverse curves on arterial & collector streets.
< PREVIOUS
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
5
B. The street layout of a subdivision shall conform to a plan for the
most advantageous development of adjoining areas & the entire
neighborhood.
FUTURE LAND
USE MAP - 2011
CHAPTER
FIVE
7
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
INDICES
8
A street approximately parallel to, & on each side of, such right-of-way, at a distance suitable for the appropriate use of the intervening land for park purposes in residential districts, or for commercial or industrial
purposes in the appropriate districts. Such
distances shall also be determined with
due regard for the requirements of approach grades & future grade separations.
TABLE OF
CONTENTS
9
Borders on or contains a railroad right-of-way or limited access
highway right-of-way FRONT
PAGE
10
CHAPTER
EIGHT
Existing
Conditions
Design
__________________________________________________________________________________________
10. When connecting street lines deflect from each other at any
1 point by more than 10 degrees, they shall be connected by a
curve with a radius adequate to ensure a safe sight distance.
11. Vertical clearance over subdivision roadways shall be a
minimum of 15 feet.
116
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
D. Minimum street pavement width.
10
1. Street pavement widths shall not be less than that which is shown
in the Technical Standards Manual.
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
3
2. If street markers & traffic signs are to be installed by the City, the
developer will reimburse the City for the cost of materials & labor
to install the signs.
3. No street names shall be used which will duplicate or be confused
with the names of existing streets.
4. Street names shall be subject to the approval of the City Manager.
G. Street lighting.
1. The developer shall provide street lights at least 1 every 400 feet
& at all intersections.
2. The street lights shall meet the requirements, set forth in the
Technical
Standards Manual.
_____________________________________________________________________________________________________
6.05.03. Bicycle & Pedestrian Ways.
A. Generally.
1. Bicycle & pedestrian ways shall be considered during the
planning & development of transportation facilities, including the
incorporation of such ways into State, regional, & local transportation plans & programs.
2. Bicycle & pedestrian ways shall be established, in conjunction
with the construction, reconstruction, or other change of any state
transportation facility, & special emphasis shall be given to projects
in or within 1 mile of an urban area.
3. Notwithstanding the provisions of Sections 6.05.03(A)(1) &
(2) above, bicycle & pedestrian ways are not required to be
established, provided that justification is provided to demonstrate
that:
PLANNING DEPT.
WEBSITE
5
1. Street markers & traffic signs shall meet the requirements set
forth in the Technical Standards Manual.
FUTURE LAND
USE MAP - 2011
6
F. Street names, markers, & signs.
CELL TOWER
ORDINANCE
7
E. Street Grading. All streets & roads shall be graded so that
pavements & sidewalks can be constructed to the required cross
section, as provided in the Technical Standards Manual.
INDICES
8
3. The developer shall provide permanent FDOT type concrete curbs
with integral concrete gutters depending on the type curb used on
all streets, except alleys.
TABLE OF
CONTENTS
9
CHAPTER
THREE
2. Pavement width excludes curbs or concrete retainers.
FRONT
PAGE
CHAPTER
TEN
C. Right-of-way (R.O.W.) requirements. Street R.O.W. widths shall
not be less than the standard set forth in the Technical Standards
Manual.
a. Their establishment would be contrary to public safety;
CHAPTER
TWO
2
CHAPTER
ONE
b. The cost would be excessively disproportionate to the
need or probable use; or
1
c. Other available means or factors indicate an absence
of need.
B. Bicycle way access & connectivity.
1. Facilities should connect traffic generators & should be located
along a direct line, convenient for users.
2. Bicyclists should have equal access to all streets.
3. Within a neighborhood, links should be considered through culde-sacs, making use of greenways, utility rights-of-way, & other
open ways.
4. Bicycle ways shall be designed as shown in Table 6.05.03(B).
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
_____________________________________________________________________________________________________
Table 6.05.03(B). Bicycle Way Design Criteria.
____________________________________________________________________________________________________
< PREVIOUS
Street Type Bike Lane Measurement
Width (ft)
____________________________________________________________________________________________________
Without parking Five (5) Measured from the left side Unified Land Development Code
117
NEXT >
____________________________________________________________________________________________________
Table 6.05.03(B). Bicycle Way Design Criteria (continued).
Street Type Bike Lane Measurement
Width
(ft)
_____________________________________________________________________________________________________
10
stripe to face of the curb
With parking Four (4) Measured from the edge of pavement to motor vehicle travel lane
Bicycle parking Thirteen (13) lane Combined bike lane & parking lane
_____________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
9
_____________________________________________________________________________________________________
One-way streets The lane shall be placed on the right side of the
street, except where a bicycle lane on the left will
decrease the number of conflicts.
CHAPTER
SEVEN
Design Speeds Where traffic speeds are 45 mph or greater, the minimum lateral separation from motor vehicles is 6 feet.
Location Bicycle lanes shall be placed between the parking lane & the motor vehicle traffic lane.
__________________________________________________________________________________________
__________________________________________________________________________________________
7
_________________________________________________________________________________________
C. Sidewalks.
1. Sidewalks shall be installed on both sides of all streets.
2. Sidewalks shall be installed in all subdivisions in all common
areas.
6
3. Time for installation:
a. Residential developments shall have up to 2 years to install
all sidewalks.
b. Commercial developments shall install all sidewalks
immediately.
5
CHAPTER
FOUR
____________________________________________________________________________________________________
Table 6.05.03(C). Sidewalk Design Criteria.
____________________________________________________________________________________________________
4
Criteria
Standard
____________________________________________________________________________________________________
Location Both sides of all interior streets & along adjacent roadways.
_____________________________________________________________________________________________________
CHAPTER
THREE
2
CHAPTER
ONE
3
CHAPTER
TWO
Minimum
width 5 feet.
_____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4. All sidewalks shall be installed in accordance with specifications,
set forth in Table 6.05.03(C) & the requirements of the Technical
Standards Manual.
FUTURE LAND
USE MAP - 2011
CHAPTER
CHAPTER
SIX
SIX
Bicycle lanes are always one-way facilities, marked
as such, & carry traffic in the same direction as
adjacent motor vehicle traffic.
CELL TOWER
ORDINANCE
CHAPTER
FIVE
8
Direction INDICES
CHAPTER
EIGHT
_____________________________________________________________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
_____________________________________________________________________________________________________
Alternative 6 feet with heavy travel of pedestrian traffic.
width
_____________________________________________________________________________________________________
6.05.04. Visibility at Intersections. No construction or planting
which would interfere with traffic visibility shall be maintained in any
land use district within 14 & one half (14.5) feet of the intersection
of the curb lines at street corners. This shall not apply to fences
or shrubbery not more than 2 feet in height on private property.
See Figure 6.1 for an illustration of the visibility at intersections.
(Ordinance 905)
_____________________________________________________________________________________________________
1
< PREVIOUS
6.05.05. Encroachments on Alleys. No encroachments of any
kind, fixed or movable, shall extend into any existing recorded alley.
However, where buildings in the commercial or industrial district
are separated by an alley, the buildings may be connected by an
overhead bridge, walkway, or boardwalk, as long as such structures
provide not less than 16 feet between the underside of the bridge
&
the mean ground level of the alley.
_____________________________________________________________________________________________________
6.05.06. Standards for Parking Spaces & Parking Lots.
A. Generally.
1. Applicability. Off-street parking facilities shall be provided for all
development within the City. The facilities shall be maintained as
long as the use exists which the facilities were designed to serve,
118
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
Limit of clear sight
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
4
______________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________
3
Use Minimum Off-Street Parking Requirement Required 1 Notes
Bicycle
Spaces
CHAPTER
TWO
______________________________________________________________________________________________________________________________________
2
CHAPTER
ONE
CHAPTER
THREE
Table 6.05.06(B). Parking Space Requirements.
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
CHAPTER
FOUR
C. Figure 6.1: Visibility at Intersections.
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
except where equivalent parking or loading space is provided, in
accordance with the provisions of this section.
2. Computation.
a. When determination of the number of off-street spaces required by this ULDC results in a fractional space, the fraction of
one-half (½) or less may be disregarded, & a fraction in excess
of one-half (½) shall be counted as 1 parking space.
b. In stadiums, sports arenas, churches, & other places of assembly in which those in attendance occupy benches, pews, or
other similar seating facilities, or which contain an open assembly
area, the occupancy shall be based on the maximum occupancy
rating established by the fire inspector.
c. Gross floor area shall be the sum of the gross horizontal area
of all floors of a building measured from the exterior faces of
the exterior walls.
B. Number of parking spaces required. Table 6.05.06(B) specifies
the required minimum number of off-street automobile & bike parking
spaces, & notes describing any special requirements.
1
RESIDENTIAL:
(1) Single-family †Resident parking
spaces may be tandem.
_____________________________________________________________________________________________________
(2) Cluster/multifamily development:
Resident parking* Studio: 1 space/unit
1 bedroom:
1.5 spaces/unit
2, 3 or more bedrooms:
2.0 spaces/unit 0.10 per
required space *Resident parking
spaces may be tandem.
_____________________________________________________________________________________________________
Visitor parking† < PREVIOUS
1 and 2 bedrooms =
2 spaces/unit†
3 or more bedrooms = 0
3 spaces/unit† 0.25 space/unit, up to
a maximum of 40 visitor
spaces †On-street parking provided in accordance with the dimensions required for
parallel spaces may count
toward visitor parking require-
ments. These spaces shall be located within the maximum distances specified in Section 6.05.08.
_____________________________________________________________________________________________________
119
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
Table 6.05.06(B). Parking Space Requirements (continued).
Bicycle
Spaces
______________________________________________________________________________________________________________________________________
10
Boarding homes 1 space/bedroom FRONT
PAGE
CHAPTER
TEN
______________________________________________________________________________________________________________________________________
0
Dormitories 1 space/3 beds 0.25 per
required
space
CHAPTER
EIGHT
CHAPTER
CHAPTER
SIX
SIX
(4) Mobile home parks:
Resident parking* 2 spaces/unit 0.25 per
spaces required
parking
space
Visitor parking† *Resident parking may be tandem.
0.25 spaces/unit †On-street parking provided in accordance
with the dimensions required for parallel spaces may count toward fulfilling visitor parking requirements. These spaces shall be located within the maximum distances specified in Section 6.05.08
____________________________________________________________________________________________________
(5) Uses located in
commercial shopping 1 space/250 sq. ft. centers of gross floor area 0.10 per
required
parking
space
____________________________________________________________________________________________________
COMMERCIAL & SERVICE USES LOCATED INDEPENDENTLY:
(6) Auto repair 1 space/200 sq. ft.
of gross floor area 2
5
CHAPTER
FOUR
3
CHAPTER
TWO
(8) Auto service stations 2 spaces plus 4 for
each service bay 2
____________________________________________________________________________________________________
*No bicycle spaces required
if facility stall has no on-site attendants.
____________________________________________________________________________________________________
2
(10) Barbershops or 2 spaces for each 0.10 per
beauty parlors barber chair or each required
beautician
station
space
____________________________________________________________________________________________________
(11) Banks, savings &
loans 1 space/350 sq. ft. 0.10 per
of gross floor area
required
parking
space
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
ONE
(7) Auto sales 1 space/400 sq. ft.
of gross floor area 2
____________________________________________________________________________________________________
(9) Auto washing 2.5 spaces/washing 2* CHAPTER
THREE
CHAPTER
FIVE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
*Developer shall submit a
a parking study.
CELL TOWER
ORDINANCE
7
Determined pursuant to a parking study.* _____________________________________________________________________________________________________
INDICES
8
CHAPTER
SEVEN
9
(3) Housing for the elderly
TABLE OF
CONTENTS
CHAPTER
NINE
_____________________________________________________________________________________________________
(12) Funeral parlors or
mortuaries 1 space/4 chapel 0
seats
____________________________________________________________________________________________________
(13) Hotels, motels 1 space per unit plus 2
per office 0
(14) Lumberyards, nurseries
1 space/250 feet of
gross floor area for
retail sales plus 1 space
per 1,000 square feet of
outdoor area devoted to
displays and storage 2
____________________________________________________________________________________________________
____________________________________________________________________________________________________
1
Mini-Warehouse 1 space per 1,000 sq. ft. 0
____________________________________________________________________________________________________
(15) Offices:
Administrative, business
& professional 1 space/300 sq. ft. of 0.10 per
gross area required
parking
space
____________________________________________________________________________________________________
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
Government 1 space/200 sq. ft. of
gross floor area
____________________________________________________________________________________________________
< PREVIOUS
(16) Restaurants: 1 space/250 sq. ft. of
0.10 per
Take out restaurants
gross floor area
required
parking
____________________________________________________________________________________________________
120
NEXT >
CHAPTER
NINE
Required 1 Notes
Bicycle
Spaces
______________________________________________________________________________________________________________________________________
10
9
8
All other restaurants 1 space/100 sq. ft. of
0.25 per
gross floor area required
parking
space
____________________________________________________________________________________________________
(17) Retail, general (i.e., 1 space/300 sq. ft. of
department stores, gross floor area markets, etc.) 0.10 per
required
parking ____________________________________________________________________________________________________
(18) Retail, furniture & 1 space/500 sq. ft. of 0.05 per
appliances
parking space
____________________________________________________________________________________________________
EDUCATIONAL:
(19) Elementary & junior
high schools 2 spaces/classroom 5.00 per
parking space* *Bicycle spaces for required teachers & visitors should be separate from spaces for students.
____________________________________________________________________________________________________
(21) Colleges 0.5 space/faculty member & employee, plus 1 space/3 students
0.50 per
required
parking
space
HEALTH SERVICES:
(22) Convalescent & 1 space/4 beds nursing homes 1 space/500 square feet
of gross floor area 0.5 per
required
parking
space
(23) Medical & dental offices & clinics, veterinary hospitals & clinics 0.05 per
required
parking
space
____________________________________________________________________________________________________
6
____________________________________________________________________________________________________
1 space/180 sq. ft. of gross floor area ____________________________________________________________________________________________________
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
(24) Hospitals 1.75 spaces/bed 0.05 per
required
parking
space
____________________________________________________________________________________________________
INDUSTRIAL:
(25) Manufacturing 1 space/750 sq. ft. of
gross floor area
devoted to manufacturing 0.10 per
plus the required parking required for square footage parking devoted to other uses space
____________________________________________________________________________________________________
(26) Research &
development Determined pursuant to *Developer shall submit a a parking study. parking study*
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
5
CHAPTER
ONE
CHAPTER
FIVE
CHAPTER
CHAPTER
SIX
SIX
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
1.00 per
required
parking
space
CELL TOWER
ORDINANCE
7
(20) Senior high schools 1 space/faculty member & employee, plus 1 space/6 students INDICES
CHAPTER
EIGHT
Minimum Off-Street Parking Requirement TABLE OF
CONTENTS
CHAPTER
SEVEN
Use FRONT
PAGE
CHAPTER
TEN
______________________________________________________________________________________________________________________________________
(27) Warehouse 1 space/1,000 sq. ft. of
gross floor area for the
first 20,000 sq.ft. devoted
to warehousing + the
required parking for sq. ft.
devoted to other uses. 1
space/2,000 sq. ft. for the
second 20,000 sq. ft. 1 0.05 per
space per 4,000 sq. ft. of required
floor area in excess of parking
40,000 sq. ft. space
____________________________________________________________________________________________________
(28) Arcades, games; 1 space/100 sq. ft. of 0.20 per
dancehalls or exhibition gross floor area required
halls
1 space/4 seating spaces parking
space
____________________________________________________________________________________________________
(29) Bowling alleys, 4 spaces/alley plus 2 for 0.20 per
billiard halls each billiard table plus required required parking for other parking uses
on
the
site
space
____________________________________________________________________________________________________
(30) Commercial stables 1 space/5 horses 0.10 per
boarded on site required
parking space
____________________________________________________________________________________________________
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
(31) Driving ranges (golf) 1 space/tee plus required 0.10 per
parking for any other uses
required
on the site parking space
____________________________________________________________________________________________________
< PREVIOUS
(32) Golf courses 6 spaces/hole plus (regulation) required
parking for any other
uses on the site 0.10 per
required
parking
space
____________________________________________________________________________________________________
121
NEXT >
Bicycle
Spaces
______________________________________________________________________________________________________________________________________
10
(33) Miniature golf 3 spaces/hole plus 0.10 per
required parking for any
required
other uses on the site parking
space
____________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
______________________________________________________________________________________________________________________________________
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
THREE
3
CHAPTER
TWO
2
1
Multiscreen 1 space/3 seats plus 5
spaces for employees
____________________________________________________________________________________________________
MISCELLANEOUS:
(39) Auditoriums 1 space/4 seats or 1
space/45 sq. ft. of 0.10 per
gross floor area where required
there are no fixed seats
parking
space
____________________________________________________________________________________________________
(40) Religious facilities & 1 space/4 seats within
other places of public the main auditorium or, 0.10 per
assembly
if there are not fixed
required
seats, 1 space/45 sq. ft.
parking
of gross floor area within
space the main auditorium
____________________________________________________________________________________________________
(41) Fraternal 1 space/300 sq. ft.
0.10 per
organizations or plus 1.5 spaces/bedrm
required
private clubs parking
space
____________________________________________________________________________________________________
(42) Day care, 1 space/staff member +
0.25 per *Dropoff facilities shall be
preschools, 1 space/5 children or 1
required designed to accommo-
nursery schools space/10 children if parking date a continuous flow of adequate dropoff facilities
space
passenger vehicles to load
are provided* & unload children safely. The adequacy of dropoff facilities proposed shall be determined by the City Manager based on standard traffic safety principles.
____________________________________________________________________________________________________
(43) Model home 3 spaces/model home +
1 space/salesperson*† 0
*Salesperson space may
be a vacant garage space in the model home.
†On-street parking adjacent to the site’s frontage may count toward
fulfilling required parking if
doing so does not produce
a shortage of residential
parking or obstruct traffic.
____________________________________________________________________________________________________
(44) Utilities Determined pursuant to a
*Developer shall submit a parking study*
parking study.
____________________________________________________________________________________________________
(45) Libraries 1 space/500 sq. ft. of
0.20 per
parking
space
____________________________________________________________________________________________________
(46) Handicapped Pursuant to Americans
parking
with Disabilities Act 0
____________________________________________________________________________________________________
1
The maximum number of required bicycle parking is ten (10) spaces.
____________________________________________________________________________________________________
< PREVIOUS
PLANNING DEPT.
WEBSITE
4
(38) Theaters, movies: 1 space/2 seats plus 5
0.10 per
Single screen spaces for employees
required
parking
space
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
5
(37) Health club 1 space/150 sq. ft. of
0.25 per †Swimming pool shall be
gross floor area† required counted as floor area. parking
space ____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
6
CHAPTER
FOUR
______________________________________________________________________________________________________________________________________
(36) Tennis, handball, & 2 spaces/court plus
racquetball facilities required parking for
0.25 per
additional uses on the
required
site
parking
space
____________________________________________________________________________________________________
7
CHAPTER
ONE
0.25 per
required
parking space
INDICES
8
(35) Skating rinks 1 space/100 sq. ft. of
gross floor area
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
(34) Parks (public or Determined pursuant to a
*Developer shall submit a private) parking study. parking study* ____________________________________________________________________________________________________
6.05.07. Standards for Loading Spaces.
A. Generally. In order to ensure safety on public rights-of-way,
spaces shall be provided to accommodate off-street loading &
unloading.
B. Spaces required.
1. Schools, hospitals, nursing homes & other similar institutional
122
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
NINE
3. Offices & financial institutions shall be exempt from providing
a loading space for the first 5,000 square feet of gross floor area;
thereafter, each office or financial institution shall provide 1 loading
space for 5,001 square feet up to 75,000 square feet of gross floor
area, or fraction thereof, & 1 space for each additional 25,000
square feet.
4. Retail commercial, service, road service & commercial
entertainment uses shall provide 1 space for the first 10,000 square
feet of gross floor area, & 1 space for each additional 20,000 square
feet.
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
5
1. Loading spaces shall be located on the property served & shall
not extend into the public right-of-way. Loading spaces shall have
direct access to a public street or alley & include sufficient off-street
maneuvering space so that no vehicular backing onto or from a
public street is required.
2. The standard off-street loading space shall be 10 feet wide, 25
feet long, provide vertical clearance of 15 feet, & provide adequate
area for maneuvering, ingress & egress.
a. The length of 1 or more of the loading spaces may be increased
up to 55 feet if full-length tractor-trailers must be accommodated.
CHAPTER
TWO
CHAPTER
THREE
CHAPTER
FOUR
____________________________________________________________________________________________________
6.05.08. Design Standards for Off-Street Parking Areas.
4
3
2
A. Location.
1. Except as provided in this section, all required off-street parking
spaces & the use they are intended to serve shall be located on
the same parcel.
PLANNING DEPT.
WEBSITE
b. Developers may install spaces that are larger than the standard,
but the number of spaces shall not be reduced.
FUTURE LAND
USE MAP - 2011
6
C. Location & design standards.
CELL TOWER
ORDINANCE
7
CHAPTER
FIVE
5. Industrial uses shall provide 1 space for every 10,000 square
feet of gross floor area.
INDICES
8
2. Auditoriums, gymnasiums, stadiums, theaters, convention centers
& other buildings for public assembly shall provide 1 space for the
first 20,000 square feet of gross floor area or fraction thereof, & 1
space for each additional 100,000 sq. feet.
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
FRONT
PAGE
CHAPTER
TEN
uses & multifamily residential uses of 3 or more stories shall provide
1 loading space or bay for the first 100,000 square feet of gross
floor area or fraction thereof & 1 space for each additional 100,000
square feet or fraction thereof.
2. The City may approve off-site parking facilities, as part of the
parking required by this section if:
a. The location of the off-site parking spaces will adequately serve
the use for which it is intended. The following factors shall be
considered:
i. Proximity of the off-site spaces to the use that they will serve.
Off-site parking shall be provided within 500 feet of the principal
entrance thereto, measured along the most direct pedestrian
walkway.
CHAPTER
ONE
ii. Ease of pedestrian access to the off-site parking spaces.
1
< PREVIOUS
iii. Whether or not off-site parking spaces are compatible with the
use intended to be served, e.g., off-site parking is not ordinarily
compatible with high turnover uses such as retail.
b. The location of the off-site parking spaces will not create:
1. Hazards to pedestrians;
2. Hazards to vehicular traffic;
3. Traffic congestion;
4. Interference with access to other parking spaces in the
vicinity; or
123
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
NINE
a. Resident parking: 200 feet.
b. Visitor parking: 250 feet.
c. Distances shall be measured from a dwelling unit’s entry to
the parking space.
8
d. Where a stairway or elevator provides access to dwelling
units, the stairway or elevator shall be considered to be the
entrance to the dwelling unit.
e. For purposes of measuring these distances, each required
parking space shall be assigned to a specific unit.
4. Parking areas shall have direct access to a public street or alley &
include sufficient off-street maneuvering space so that no vehicular
backing onto or from a public street is required.
CHAPTER
CHAPTER
SIX
SIX
2. Parallel parking spaces shall be a minimum of 8 feet wide & 22
feet long. If a parallel space abuts no more than 1 other parallel
space, & adequate access room is available, then the length may
be reduced to 20 feet.
3. Tandem parking spaces shall be a minimum of 9 feet wide &
20 feet long.
4. A standard motorcycle parking space shall be 4 & one-quarter
(4 ¼) feet wide & nine & one-quarter (9 ¼) feet long.
4
5. Spaces for handicapped parking shall be the size specified
in the Americans with Disabilities Act (ADA) requirements.
6. Each parking space shall include a wheel stop when facing
an obstruction, including, but not limited to, stormwater facilities
& landscaping.
PLANNING DEPT.
WEBSITE
CHAPTER
THREE
3
CHAPTER
TWO
____________________________________________________________________________________________________
2
CHAPTER
ONE
CHAPTER
FOUR
5
1. Standard parking spaces shall be a minimum of 9 feet wide
& 20 feet long.
FUTURE LAND
USE MAP - 2011
6
CHAPTER
FIVE
B. Dimensions.
CELL TOWER
ORDINANCE
7
INDICES
CHAPTER
EIGHT
9
3. All parking spaces required by this section for residential uses
shall be located no further than the following distances from the
units they serve:
TABLE OF
CONTENTS
CHAPTER
SEVEN
10
c. The property owner supplies a written agreement, approved
in form by the City attorney and to be recorded, assuring the
continued availability of the off-site parking facilities for the use
they are intended to serve. The written agreement shall be subject
to approval by the City Commission.
FRONT
PAGE
CHAPTER
TEN
5. Detriment to any nearby use.
1
< PREVIOUS
6.05.09. Layout of Transportation Facilities.
A. Generally. Pedestrian circulation facilities, roadways, driveways,
& off-street parking and loading areas shall be designed to be safe &
convenient, according to nationally accepted professional standards
such as those of the Institute of Transportation Engineers (ITE).
B. Specific requirements.
1. Parking & loading areas, aisles, pedestrian walks, landscaping,
& open space shall be designed as integral parts of an overall
development plan & shall be properly related to existing & proposed
buildings.
2. Buildings, parking and loading areas, landscaping & open spaces
shall be designed so that pedestrians moving from parking areas
to buildings & between buildings are not unreasonably exposed to
vehicular traffic.
3. Landscaped, paved, & gradually inclined or flat pedestrian walks
shall be provided along the lines of the most intense use, particularly
from building entrances to streets, parking areas, & adjacent
buildings. Pedestrian walks should be designed to discourage
incursions into landscaped areas, except at designated crossings.
4. Each off-street parking space shall open directly onto an aisle
124
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
8. No parking space shall be located so as to block access by
emergency vehicles.
C. Construction standards.
1. All parking & loading areas shall be constructed according to the
standards & specifications set forth in the Technical Standards
Manual.
2. All parking shall be surfaced with a hard, dustless material, &
properly drained.
3. All driveways shall be paved from property line to the street.
6
____________________________________________________________________________________________________
CHAPTER
FIVE
CHAPTER
THREE
4
A. Motorcycle. A portion of the parking spaces required by this
section may be designated as exclusively for motorcycle parking,
if the following conditions are met:
1. The City recommends that the spaces be so designated,
based upon projected demand for them & lessened demand for
automobile spaces;
2. The City approves the recommendation & the designated
spaces are shown on the final development plan;
3. The designated spaces are suitably marked & striped; &
3
4. The designation does not reduce the overall area devoted
to parking so that if the motorcycle spaces are converted to
automobile spaces the minimum requirements for automobiles
are met.
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
6.05.11. Standards for Motorcycle & Bicycle Parking Spaces.
5
CHAPTER
TWO
6.05.10. Standards for Handicapped Access & Parking. Any
parking area to be used by the general public shall provide suitable,
marked parking spaces for handicapped persons subject to the
Florida Disabilities Act.
FUTURE LAND
USE MAP - 2011
CHAPTER
CHAPTER
SIX
SIX
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
7. Parking spaces for all uses, except single-family & two-family
residences, shall be designed to permit entry & exit without moving
any other motor vehicle.
INDICES
8
6. The design of parking areas shall be based on a definite &
logical system of drive lanes to serve the parking & loading spaces.
A physical separation or barrier, such as vertical curbs, may be
required to separate parking spaces from travel lanes.
TABLE OF
CONTENTS
9
5. Aisles and driveways shall not be used for parking vehicles,
except that the driveway of a single-family or two-family residence
shall be counted as 1 or more parking spaces for the dwelling unit,
based upon the dimensions of the driveway.
FRONT
PAGE
10
CHAPTER
NINE
or driveway that, except for single-family & two-family residences,
is not a public street.
B. Bicycle.
2
1. The City shall maintain a list of approved bicycle parking facilities.
Other bicycle parking devices may be used, if it is established to
the satisfaction of the City Manager that the standards in Section
6.05.11 (B)(2) below are met.
2. The rack or other facility shall be:
CHAPTER
ONE
a. Designed to allow each bicycle to be supported by its frame;
1
b. Designed to allow the frame & wheels of each bicycle to be
secured against theft;
c. Designed to avoid damage to the bicycles;
d. Anchored to resist removal & solidly constructed to resist
damage by rust, corrosion, & vandalism;
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
e. Designed to accommodate a range of bicycle shapes & sizes &
to facilitate easy locking without interfering with adjacent bicycles;
< PREVIOUS
f. Located to prevent damage to bicycles by cars.
g. Consistent with the surroundings in color & design & be
125
NEXT >
incorporated whenever possible into building or street furniture
design;
j. Located as close to the principal entrance of the building as
practicable; &
k. Located to provide safe access from the spaces to the rightof-way or bicycle lane.
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
B. Increase in requirements, based on a parking study.
1. The number of required parking spaces may be increased by
the City, if a parking study demonstrates that the proposed use
would have a parking demand in excess of the requirements in
Table 6.05.06(B).
2. The City may require the developer to provide a parking study,
as described in Section 6.05.13, when the City Manager presents
preliminary data indicating that an increase in the number of
parking spaces may be warranted.
____________________________________________________________________________________________________
6.05.13. Parking Studies.
CHAPTER
FIVE
4
2. An analysis of the extent to which a transportation system
management program or the use of alternative forms of
transportation lessen the parking requirement.
CHAPTER
ONE
CHAPTER
TWO
CHAPTER
THREE
1. Estimates of parking requirements based on recommendations
in studies such as those from ULI, ITE, or the Traffic Institute, &
based on data collected from uses or combinations of uses which
are the same or comparable to the proposed use. Comparability
shall be determined by density, scale, bulk, area, type of activity,
& location. The study shall document the source of data used to
develop recommendations.
B. Standards for parking studies.
3
2
1. To avoid requiring more parking spaces than are actually needed
to serve a development, the City may defer or reduce the provision
of some portion of the required off-street parking spaces, if the
conditions & requirements of this section are satisfied.
2. As a condition precedent to obtaining a partial deferral or
reduction by the City, the developer shall show any one or more
of the following:
a. A parking study, as described in Section 6.05.13, indicates that
there is not a present need for the deferred or reduced parking.
b. Public transportation satisfies transportation demands for a
portion of the users of the facility that corresponds to the amount
of parking sought to be deferred or reduced.
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
CHAPTER
FOUR
A. Generally. A parking study, when required by this section, shall
include, but not be limited to:
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
A. The number of off-street parking or loading spaces shall be
increased to meet the requirements of this chapter, if the City finds
that an increase in floor area, seating capacity, or other factor
controlling the number of parking or loading spaces required by this
ULDC causes the site not to conform to this ULDC.
INDICES
8
6.05.12. Change of Use Requirements.
TABLE OF
CONTENTS
____________________________________________________________________________________________________
9
CHAPTER
CHAPTER
SIX
SIX
i. Located so as not to interfere with pedestrian movements;
10
FRONT
PAGE
CHAPTER
TEN
h. Located in convenient, highly-visible, active, well-lighted areas;
c. The developer has established or will establish an alternative
means of access to the use that will justify reducing or deferring
the number of parking spaces sought to be deferred or reduced.
Alternative programs that may be considered by the City include,
but are not limited to:
1. Private & public car pools & van pools;
2. Charging for parking;
3. Subscription bus services;
126
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
7. Establishment of a transportation coordinator position to implement car pool, van pool, & transit programs.
d. The percentage of parking spaces sought to be deferred or
reduced corresponds to the percentage of residents, employees, &
customers who regularly walk, use bicycles & other nonmotorized
forms of transportation, or use mass transportation to come to the
facility.
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
2
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
3
FUTURE LAND
USE MAP - 2011
4
a. A deferred or reduced parking plan shall:
b. Be designed to contain sufficient space to meet the full
parking requirements, shall illustrate the layout for the full
number of parking spaces, & shall designate which are to
be deferred or reduced.
c. Not assign deferred spaces to areas required for
landscaping, buffer zones, setbacks, or areas that would
otherwise be unsuitable for parking spaces because of the
physical characteristics of the land or other requirements
of this section.
d. Include a landscaping plan for the deferred parking area.
e. Include a written agreement with the City that one year from
the date of issuance of the Certificate of Occupancy, the
deferred spaces will be converted to parking spaces that
conform to this section at the developer’s expense, based
on the parking study.
f. Shall include a written agreement that the developer will
cover the expense of a traffic study to be undertaken by
the City Manager to determine the advisability of providing
the full parking requirement.
4. When authorized by the City, upon a preliminary finding that the
parking is inadequate, but not sooner than 1 year after the date of
issuance of the Certificate of Occupancy for the development, the
City shall undertake a study to determine the need of providing the
full parking requirement to satisfy the proven demand for parking.
CELL TOWER
ORDINANCE
5
3. If the developer satisfies one or more of the criteria in Section
6.05.13(B), the City may approve a deferred or reduced parking
plan submitted by the developer. The number of parking spaces
deferred or reduced shall correspond to the estimated number of
parking spaces that will not be needed because of the conditions
established.
INDICES
6
CHAPTER
THREE
CHAPTER
NINE
6. Ride sharing; or
f. Transportation demand management.
7
CHAPTER
TWO
e. Transportation system management.
8
CHAPTER
ONE
5. Capital improvement for transit services;
TABLE OF
CONTENTS
9
4. Flexible work-hour scheduling;
FRONT
PAGE
10
5. Based upon the study & the recommendations of the City
Manager, the City shall determine if the deferred spaces shall be
converted to operable parking spaces by the developer or retained
as deferred parking area.
6. The developer may, at any time, request that the City approve a
revised development plan to allow converting the deferred spaces
to operable parking spaces, or to permanently reduce the number
of required spaces.
C. Standards for joint use parking. The City shall authorize a
reduction in the total number of required parking spaces for 2 or
more uses jointly providing off-street parking, when their respective
hours of need for maximum parking do not normally overlap.
Reduction of parking requirements because of joint use shall be
approved if the following conditions are met:
1. The developer submits sufficient data to demonstrate that
hours of maximum demand for parking at the respective uses
127
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
SEVEN
7
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
2. For development proposed in these districts, the City may allow
the developer to pay a fee, in lieu of providing some or all of the
spaces required by this chapter.
a. The fee shall be a one-time, nonrefundable fee per parking
space avoided, paid to the City, prior to the issuance of a
development order.
b. The amount of the fee shall be determined by the City & shall be
equal to the land acquisition, construction, & maintenance costs
of parking spaces that are deferred by this provision.
c. These fees shall be used by the City solely for the purchase,
construction, operation, & maintenance of parking or transit
facilities serving the area of the development.
3
3. The City may, at the time of accepting the fee, enter into an
agreement with the developer to construct or provide parking or
transit facilities.
4. If public parking facilities are currently available, 25% of the
minimum parking requirements may be satisfied by these facilities,
provided that the business:
PLANNING DEPT.
WEBSITE
4
1. The Community Redevelopment Area Overlay District is
hereby designated a special parking district.
FUTURE LAND
USE MAP - 2011
6
A. The City may designate special parking districts where parking
or transit facilities may be provided by the City, thus lessening the
demand for onsite parking.
CELL TOWER
ORDINANCE
CHAPTER
CHAPTER
SIX
SIX
6.05.14. Special Parking Districts.
5
CHAPTER
ONE
____________________________________________________________________________________________________
INDICES
8
3. Owners or developers of 2 or more properties submit a legal
agreement approved in form by the City Attorney guaranteeing
the interconnection of the properties via contiguous parking areas.
The reduction in parking shall be equal to the space required for
the interconnecting driveway. The agreement shall be subject to
approval by the City Commission.
TABLE OF
CONTENTS
9
2. The developer submits a legal agreement approved by the
City Attorney guaranteeing the joint use of the off-street parking
spaces, signed by all property owners involved, as long as the
uses requiring parking are in existence & there is not a conflict
of traffic between the uses that would result in a violation of the
minimum standards of this ULDC, or until the required parking
is provided elsewhere, in accordance with the provisions of this
ULDC. The agreement shall include provision for maintenance
of the parking facility.
FRONT
PAGE
10
CHAPTER
EIGHT
do not normally overlap.
a. Has designated employment, seating or patronage capacity of
25 persons or more;
b. Is located on the same side of the block & not separated by a
major street or thoroughfare;
2
1
< PREVIOUS
c. Is located within 500 feet of the business; &
d. Pedestrian access between the business & the parking facility
is provided.
5. No parking space shall be allocated to more than 1 business
unless the time of use does not overlap.
6. Businesses using public parking as part of its required parking
facilities shall pay a fee to the City for maintenance costs of the
parking spaces that are deferred by this section.
B. Historic preservation exemption. The preservation of any property
that has been placed on the local register of historic places, or that
is located in a historic district & contributes to the historic character
of the district, shall be grounds for a grant, by the City, of a reduction
in the parking requirements of up to 50% of the standards shown
in Table 6.05.06(B).
____________________________________________________________________________________________________
128
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
6.05.16. Standards for Stacking Lanes & Drive-Through
Facilities.
9
A. All uses & facilities providing drive-up or drive-thru service shall
provide stacking lanes, in compliance with the standards of this
section.
B. Banks & financial institutions shall provide stacking spaces
according to Table 6.05.16(B). A bypass lane shall be provided.
CHAPTER
SEVEN
No. of Drive-Through Total Number of Vehicles
____________________________________________________________________________________________________
Lanes
Accommodated
1
6
2
10
Each additional lane 2 additional vehicles accommodated
____________________________________________________________________________________________________
C. All other uses with drive-up or drive-thru facilities shall provide
a minimum stacking space to accommodate 8 vehicles. A bypass
lane shall be required.
D. Stacking lanes shall not be located within a designated delivery
area or area designated for loading spaces.
____________________________________________________________________________________________________
6.06.00. TECHNICAL STANDARDS.
5
6.06.01. Potable Water Standards. All water mains will have a bare
copper “Number 12” wire running parallel to all water piping & shall
be wrapped or tied at intervals of 20 feet or less.
____________________________________________________________________________________________________
6.06.02. Sanitary Sewer Standards.
4
A. Minimum sanitary sewer grades & velocities shall be designed,
according to the Table 6.06.02(A) below:
____________________________________________________________________________________________________
Table
6.06.02(A). Minimum Sanitary Sewer Grades & Velocities.
____________________________________________________________________________________________________
CHAPTER
THREE
3
CHAPTER
TWO
Pipe
Size - Inches Grade - Percent
____________________________________________________________________________________________________
2
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
CHAPTER
FIVE
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
CHAPTER
CHAPTER
SIX
SIX
Table
6.05.16(B). Stacking Lane Requirements.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
6
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
CHAPTER
EIGHT
____________________________________________________________________________________________________
7
CHAPTER
ONE
FRONT
PAGE
10
6.05.15. Specific Parking Requirements for Recreational
Vehicles. It shall be unlawful for any person to park or store any
recreational vehicle which is commonly used for living or sleeping
purposes, whether it is used or not, upon any lot, piece or parcel
of land in the City, except in regularly licensed parks, unless such
recreational vehicle is kept entirely within a backyard & not used
for living or sleeping purposes.
8
0.40
10 0.25
12 0.15
15 0.15
18 0.12
____________________________________________________________________________________________________
21 0.10
1. Minimum velocity shall be 2 feet per second at one-half (1/2) full
flow.
2. Any crossing of existing paved streets will be bored unless otherwise
directed by the City.
3. All pumps shall meet the requirements, set forth in the Technical
Standards Manual.
1
< PREVIOUS
____________________________________________________________________________________________________
6.06.03. Stormwater Standards.
A. Swale means a natural or man-made drainage pathway, which if
man-made, has a top width to depth ratio of the cross section equal
to or greater than 6 to 1 or side slopes equal to or greater than 3 feet
horizontal to 1 foot vertical, & has a grade as flat as the topography
& design conditions will allow, & only contains contiguous areas
of standing or flowing water following the occurrence of rainfall or
flooding, & is planted with vegetation suitable for soil stabilization,
stormwater treatment, & nutrient uptake.
129
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
9
1. Ensure that after development, runoff from the site does not
flow onto private property, unless it approximates the rate of flow,
volume & timing of runoff that would have occurred following the
same rainfall under existing conditions &, to the extent practicable,
predevelopment conditions;
2. Maintain the natural hydrodynamic characteristics of the
watershed;
3. Protect or restore the quality of groundwater & surface water;
CHAPTER
SEVEN
7. Prevent increased flooding & damage that results from improper
location, construction, & design of structures in areas which are
presently subject to an unacceptable danger of flooding;
8. Protect natural fluctuating levels of salinity in estuarine areas; &
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
2
1
C. Design standards. To ensure attainment of the objectives of this
chapter & to ensure that the performance standards will be met,
the design, construction, & maintenance of drainage systems shall
be consistent with the following standards:
1. Channeling runoff directly into water bodies shall be
prohibited. Instead, runoff shall be routed through swales &
other systems designed to increase time of concentration,
decrease velocity, increase infiltration, allow suspended solids
to settle, & remove pollutants. If feasible, perforated pipe shall
be used for infiltration purposes in situations where piping is
necessary.
2. Unless permitted, natural watercourses shall not be dredged,
cleared of vegetation, deepened, widened, straightened,
stabilized, or otherwise altered. Water shall be retained or
detained before it enters any natural watercourse, in order to
preserve the natural hydrodynamics of the watercourse & to
prevent siltation or other pollutions.
3. The area of land disturbed by development shall be as small
as practicable. Those areas which are not to be disturbed shall
be protected by an adequate barrier from construction activity.
Whenever possible, natural vegetation shall be retained &
protected.
4. No grading, cutting, or filling shall be commenced until erosion
& sedimentation control devices have been installed between
the disturbed area & water bodies, watercourses, & wetlands.
5. Land which has been cleared for development & upon which
construction has not commenced shall be protected from
erosion by appropriate techniques designed to revegetate the
area.
6. Sediment shall be retained on the site of the development.
7. Wetlands & other water bodies shall not be used as sediment
traps during development.
< PREVIOUS
PLANNING DEPT.
WEBSITE
4
CHAPTER
TWO
9. Minimize injury to flora & fauna & adverse impacts to fish &
wildlife habitat.
5
CHAPTER
ONE
6. Protect the beneficial functioning of wetlands as areas for the
natural storage of surface waters & the chemical reduction &
assimilation of pollutants;
FUTURE LAND
USE MAP - 2011
6
5. Protect groundwater levels;
CELL TOWER
ORDINANCE
7
CHAPTER
CHAPTER
SIX
SIX
8
INDICES
CHAPTER
EIGHT
4. Ensure that erosion during & after development is minimized;
TABLE OF
CONTENTS
10
FRONT
PAGE
B. Performance standards. Stormwater management plans shall
demonstrate that the proposed development or activity has been
planned & designed & will be constructed & maintained to meet
each of the following standards:
8. Erosion & sedimentation facilities shall receive regular
maintenance to ensure that they continue to function properly.
9. Artificial watercourses shall be designed, considering soil
type, so that the velocity of flow is low enough to prevent
130
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
8
13. Although the use of wetlands for storing & purifying water is
encouraged, care must be taken not to overload their capacity,
thereby harming the wetlands & transitional vegetation. Wetlands
shall not be damaged by the construction of detention ponds.
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
a. For offline systems, the first one-half (1/2) inch of storm water
runoff shall be retained & for online systems, the first one (1) inch
of storm water runoff shall be retained.
b. Detention with filtration, with a safety factor of 2, may be used
only in special applications, when approved by the City. The
following are required for dry retention, infiltration & underdrained
systems, 2 foot of clearance above the seasonal high water table
(SHWT), a maximum percolation rate of twenty (20) inches per
hour, as determined by a double ring infiltrometer (DRI) test & a
safety factor of 2.
c. All storm water discharge facilities shall have sediment controls
& skimming devices.
d. The beneficial use of existing wetlands that need hydrologic
restoration can be implemented, pursuant to Subsection 62-25-042,
FAC, Permit Requirements for Wetland Storm Water Discharge
Facilities & other FDEP regulations (62-40, 62-610 & 62-611, FAC).
e. Storm water reuse is encouraged & design criteria & guidelines
are located in Chapter 62-346 F.A.C.
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
14. Pollution Control (Quality).
CELL TOWER
ORDINANCE
7
12. Retention & detention ponds shall be used to retain & detain the
increased & accelerated runoff which the development generates.
Water shall be released from detention ponds into watercourses
or wetlands at a rate & in a manner approximating the natural flow
which would have occurred before development.
INDICES
CHAPTER
SEVEN
11. Intermittent watercourses, such as swales, shall be vegetated.
TABLE OF
CONTENTS
9
10. Vegetated buffer strips shall be retained in their natural state,
as specified in Chapter 3, along the banks of all watercourses,
water bodies or wetlands. The maximum width of the buffer shall
be sufficient to prevent erosion of the banks, provide access to
the water body & allow for periodic flooding without damage to
the structures. Design criteria & guidelines for vegetated natural
buffers are located in Chapter 62-346 F.A.C.
FRONT
PAGE
10
erosion. Guidance criteria for flow velocity are located in
Chapter 63-346 F.A.C. & Chapter 10 of the FDOT Drainage
Manual regarding lining velocities. Additional velocity criteria
include flow over bare ground (2.5 to 3.0 fps), in open channels
(3 fps) & in pipes (5 fps).
15. Flood Control (Quantity).
a. At a minimum, facilities shall be provided to attenuate
a storm event of critical duration so the post development
stormwater off-site peak discharge shall be no greater than
the predevelopment rate. The 2 & 25 year frequency storm
events shall be analyzed for the 1, 2, 4, 8, 24 hour durations to
determine the storm event of critical duration. Design rainfall
distributions for these facilities shall be obtained through a
statistical analysis of historical long term rainfall data or from
acceptable sources.
b. At a minimum, facilities should be provided to route &
accommodate the 100 year storm.
c. At a minimum, facilities should be provided to attenuate
a storm event of critical duration so the post-development
stormwater rate in downstream reaches shall be no greater than
the pre-development rate in downstream reaches. Guidance
criteria for detention facility sizing are located in Chapter 62346 F.A.C.
d. Methods for determining the time of concentration are located
in Chapter 62-346 F.A.C.
e. Methodologies for calculating peak discharge are located in
131
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
Chapter 62-346 F.A.C.
CHAPTER
TEN
CHAPTER
NINE
6.06.04. Streets Standards.
7
A. Street profile grades shall not be less than 0.1 percent or a
maximum of the percent grade shown in Table 6.06.04(A), with
due allowance for reasonable vertical curves.
____________________________________________________________________________________________________
Table
6.06.04(A). Right-of-Way Width & Grades.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
SIX
SIX
5
Arterial 150 3%
Collector 100 4%
____________________________________________________________________________________________________
Local residential 60 4%
B. The minimum paved shoulder width is 5 feet, when designated
as a bike lane or intended to accommodate bicycle travel.
C. Minimum Pavement Width.
____________________________________________________________________________________________________
Table
6.06.04(C). Minimum Pavement Width.
____________________________________________________________________________________________________
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
Arterial 64’ 36’
Collector 64’ 36’
Single-family residential n/a 22’
Multifamily residential n/a 22’
Cul-de-sac n/a 80’
____________________________________________________________________________________________________
Turnaround diameter n/a 80’
D. Street Grading.
1. All streets & roads shall be graded so that pavements & sidewalks
can be constructed to the required cross section, as provided in the
Technical Standards Manual.
2. The roadway base minimum elevation (above seasonal high
water) is 12 inches.
a. Where roadway base elevations do not meet this standard,
the developer shall be required to warrant that portion of the
roadway that does not meet the standard for a period of two (2)
years before it can be dedicated to the City.
b. After the second year, representatives of the City & the
developer will conduct a joint inspection of the portion of the
roadway for structural or material defect.
c. If no structural or material defects exist, the roadway shall be
dedicated to the City.
< PREVIOUS
PLANNING DEPT.
WEBSITE
Street Classification 4 lane
2 lane ____________________________________________________________________________________________________
Width
Width
FUTURE LAND
USE MAP - 2011
6
CHAPTER
FIVE
____________________________________________________________________________________________________
Street Type Feet Grade
CELL TOWER
ORDINANCE
CHAPTER
SEVEN
____________________________________________________________________________________________________
INDICES
8
18. The bottoms of dry detention & retention areas shall be sodded,
& this shall be taken into consideration, when calculating percolation
rates. However, the City may exempt an area from this requirement,
if the City determines that the area would be better served without
sodding.
19. The use of drainage facilities & vegetated buffer zones as open
space, recreation, & conservation areas shall be encouraged.
TABLE OF
CONTENTS
9
17. The banks of detention & retention areas shall be sodded &
sloped at a gentle grade, 4 feet horizontal to 1 foot vertical, or less,
into the water as a safeguard against drowning, personal injury, or
other accidents; to encourage the growth of vegetation; & to allow
the alternate flooding & exposure of areas along the shore as water
levels periodically rise & fall.
FRONT
PAGE
10
CHAPTER
EIGHT
16. Runoff from parking lots shall be treated to remove oil & sediment
before it enters receiving waters.
3. If any structural or material defect is found, it will be verified by
an independent third party who is an expert in that field.
4. If a defect is determined to exist, the developer shall correct it
prior to consideration by the City of the dedication.
132
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
CHAPTER
TEN
FRONT
PAGE
10
5. Where streets are constructed adjacent to existing electric
transmission lines or over gas transmission lines, the nearest edge of
the pavement shall be a minimum of 100 feet from any transmission
line structure & all grading for the street shall be done in a manner
which will not disturb the structure or result in erosion endangering the
structure. In the case of electric transmission lines, the clearance from
the pavement to the nearest conductor shall meet the requirements
of the National Electrical Safety Code.
___________________________________________________________________________________________________
9
Table 6.06.04(E). Sidewalks.
___________________________________________________________________________________________________
Criteria Standard
___________________________________________________________________________________________________
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
CHAPTER
EIGHT
CHAPTER
CHAPTER
SIX
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
At driveways, a minimum thickness of 4 inches
with woven wire fabric reinforcement shall be required. After the 1or 3 year period has passed, the undeveloped lots shall have sidewalks from property line to property line, a minimum of 4 inches thick with woven wire fabric reinforcement.
Slope Slope toward the street with one quarter (1/4) inch per 12 inches slope.
Expansion joints Shall meet FDOT standards.
___________________________________________________________________________________________________
Figure 6.1: Visibility at Intersections
PLANNING DEPT.
WEBSITE
5
Driveway crossings FUTURE LAND
USE MAP - 2011
6
Not less than four (4) inches thick.
CELL TOWER
ORDINANCE
7
Construction INDICES
8
CHAPTER
SEVEN
Minimum strength 2,500 pounds per square inch.
TABLE OF
CONTENTS
CHAPTER
NINE
E. Sidewalks.
CONCURRENCY
AND
INFRASTRUCTURE
REQUIREMENTS
NEXT >
< PREVIOUS
133
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
8
CHAPTER
CHAPTER
SEVEN
SEVEN
7
CHAPTER
SIX
6
CHAPTER
FIVE
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
134
CELL TOWER
ORDINANCE
INDICES
< PREVIOUS
TABLE OF
CONTENTS
7
FRONT
PAGE
PLANNING DEPT.
WEBSITE
9
FUTURE LAND
USE MAP - 2011
10
CHAPTER
ONE
CHAPTER 7. (RESERVED).
RESERVED
NEXT >
CHAPTER 8. COMMISSIONS, BOARDS, & AGENCIES.
CHAPTER
NINE
CHAPTER
THREE
CHAPTER
EIGHT
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
3
A. The Planning Commission shall select a chairman in
April of each year from those members appointed by the City
Commission.
B. The Community Redevelopment Agency officers shall be
as designated in Section 8.04.00.
____________________________________________________________________________________________________
8.01.04. Bylaws. The organization & procedure of each commission,
board or agency, its meetings, method of handling appeals, &
other related matters shall be in conformity with the provisions of
applicable state law.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
8.01.05. Record of Decisions.
A. Any decision made by a commission, board, or agency shall
be recorded & entered into the minutes of the respective body.
B. All meetings of a commission, board, or agency shall be open
to the public, & all records of the meetings shall be public records.
C. Decisions on variances & administrative appeals shall be
made as shown in Table 8.01.05(C).
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
8.01.03. Officers. Each commission, board, or agency shall select
such officers as required to conduct its meetings, except where the
ULDC specifically requires selection of officers.
FUTURE LAND
USE MAP - 2011
6
8
8.01.02. Attendance.
A. The absence of any member of a commission, board, or agency
from 3 consecutive regular meetings of the body shall constitute
the removal of that person from the body, unless excused by the
commission or agency.
B. An excused absence is one excused by the commission, or
agency by motion & vote duly entered upon the minutes.
___________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
8.01.01. Appointment.
A. Regular appointments to all commissions, boards, & agencies
shall be made by the City Commission.
B. Any vacancy on a commission, board, or agency created by
unexcused absences shall be filled by a replacement appointed
by the City Commission.
___________________________________________________________________________________________________
INDICES
8
8.01.00. REQUIREMENTS FOR ALL COMMISSIONS &
___________________________________________________________________________________________________
AGENCIES.
TABLE OF
CONTENTS
9
CHAPTER
SEVEN
10
8.00.00. GENERALLY.
A. The City Commission has established the commissions, boards,
and agencies identified in this chapter for the purpose of implementing the provisions of the ULDC.
B. All procedures pertaining to matters before the commissions,
boards,
& agencies are set forth in Chapters 9 & 10 of this ULDC.
___________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
Table 8.01.05 (C). Decision-Making Bodies for Variances & Appeals.
CHAPTER
TWO
2
CHAPTER
ONE
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1
Board of
Adjustment
Planning
Commission
City
Commission County
Circuit Court
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ULDC Provisions for:
• ISR
• Landscape (area &
plant materials)
• Dimensional
requirements
• Subdivision regulations
D A
A
Areas of flood hazard D A
A
Administrative decisions D A
A
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Denials of a certificate of concurrency
R
Actions regarding storm water management plans
R
COMMISSIONS,
BOARDS,
AND
AGENCIES
D
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
< PREVIOUS
D
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
R = Recommendation
D = Decision
A = Appeal of decisions
135
NEXT >
____________________________________________________________________________________________________
8.02.00. PLANNING COMMISSION.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
CHAPTER
EIGHT
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
A. Regular membership.
1. The Planning Commission shall consist of 7 members.
2. Each regular member shall be a resident of the City.
B. In addition to the above members, 1 nonvoting member shall
be appointed from the Bay County School Board. This member
shall be the person appointed by the School Board to attend
those meetings at which the Planning Commission considers
an amendment to the Comprehensive Plan that, if approved, will
increase the residential density on property that is the subject of
an application.
C. Terms of office.
1. Each member shall be appointed to a 4 year term. A member
shall not serve more than 2 consecutive terms.
2. Any vacancy in membership shall be filled for the unexpired
term of the vacancy by the City Commission, pursuant to the
same procedure followed in the appointment of the previous
member.
3. The City Commission shall have the authority to remove any
member of the Planning Commission at will.
4. All members shall serve without compensation, but may be
reimbursed for actual expenses incurred in connection with their
official duties.
D. Organization.
1. The Planning Commission shall elect its chairman from
among the regular members.
2. The term of the chairman shall be 1 year, & he/she shall be
ineligible to succeed themself.
3. The Planning Commission shall determine the schedule
& time of meetings; this meeting schedule shall be provided
to the City Commission.
E. Quorum & voting.
1. Four (4) members shall constitute a quorum.
2. The Planning Commission, to take any action authorized by
this section, shall have the concurring vote of 4 members.
____________________________________________________________________________________________________
INDICES
8
8.02.02. Membership & Terms.
TABLE OF
CONTENTS
9
A. The City Commission hereby establishes the City Planning
Commission (referred to as the “Planning Commission”) to be
governed by the provisions of Chapter 163, F.S., as well as the
provisions set forth in this ULDC.
B. The Planning Commission shall be the “local planning agency”
with all the duties & responsibilities, as provided in Section
163.3174,
F.S.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
THREE
8.02.03. Roles & Responsibilities. The Planning Commission
shall have all the powers, duties, & responsibilities as follows:
A. Those powers, duties & responsibilities, as set forth in Chapter
163, F.S. to:
1. Prepare, or cause to be prepared, the Comprehensive Plan or
Comprehensive Plan amendments;
2. Make recommendations to the City Commission on the
Comprehensive Plan or Comprehensive Plan amendments;
3. Hold at least one public hearing on the proposed Comprehensive
Plan or Comprehensive Plan amendment.
4. Recommend any changes to the Comprehensive Plan as may
be required, including preparation & recommendation of periodic
changes to the Comprehensive Plan, in accordance with Section
163.3191, F.S.
B. Review proposed changes to the ULDC, codes, or any
amendments & make a recommendation to the City Commission,
as to the consistency of the regulations with the Comprehensive
136
COMMISSIONS,
BOARDS,
AND
AGENCIES
NEXT >
____________________________________________________________________________________________________
8.03.01. Establishment. The Board of Adjustment (Board) is
hereby established.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
CHAPTER
EIGHT
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
4
3
A. To hear & decide appeals when it is alleged that there is an error
in any order, requirement, or decision made by the City Manager, in
the enforcement of the following provisions of the ULDC:
1. Impervious surface ratios;
2. Landscape requirements for planting areas & plant materials;
3. Dimensional requirements; &
4. Subdivision requirements.
B. Hear & decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Building
Official in the enforcement or administration of Section 9.02.04.
C. Hear and decide appeals & requests for variances from the
requirements of Section 9.02.04, areas of flood hazard.
D. To authorize, upon appeal in specific cases, such variances from
the terms of this ULDC as will not be contrary to public interest
where, owing to the special conditions, a literal enforcement of the
provisions would result in unnecessary hardships, so that the spirit
of this ULDC shall be observed & substantial justice done.
PLANNING DEPT.
WEBSITE
5
8.03.03. Roles & Responsibilities. The Board of Adjustment
shall have the following roles and responsibilities:
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
A. Membership. The Board shall consist of 5 members.
B. Terms of office. Each member shall be appointed for a term of 3
years & shall not serve more than 2 consecutive terms.
C. Organization and procedures. The organization & procedures of
the Board, its meetings, method of handling appeals & other related
matters shall be in conformity with the provisions of applicable
state law.
D. Quorums & voting.
1. A quorum shall consist of 3 Board members.
2. The Board, to take any action authorized by this section,
shall have the concurring vote of 3 members.
____________________________________________________________________________________________________
INDICES
8
CHAPTER
FOUR
8.03.02. Membership, Terms, & Organization.
CHAPTER
THREE
CHAPTER
NINE
9
TABLE OF
CONTENTS
8.03.00. BOARD OF ADJUSTMENT.
FRONT
PAGE
10
Plan.
C. Review & recommend approval or denial of local development
orders to the City Commission, excluding plats reviewed according
to Section 10.03.01(B), alternative preliminary plat review for plats
of 3 to 50 lots;
D. Hear appeals of denial of Certificates of Concurrency & make
a recommendation to the City Commission.
E.
Other duties as described by City ordinance or policy.
____________________________________________________________________________________________________
CHAPTER
TWO
2
CHAPTER
ONE
E.
Other duties as described by City Ordinance or policy.
____________________________________________________________________________________________________
1
< PREVIOUS
8.04.00. COMMUNITY REDEVELOPMENT AGENCY.
____________________________________________________________________________________________________
8.04.01. Authority. Pursuant to Chapter 163, Part III, F.S., &
adopted by Resolution 2004-05-35, there is hereby created an
agency to be known as the Lynn Haven Community Redevelopment
Agency (Agency).
____________________________________________________________________________________________________
8.04.02. Membership, Terms, & Vacancies.
A. The Agency shall consist of the Lynn Haven City Commission.
B. The term of membership shall be commensurate with the terms
of office served by each City Commissioner & the Mayor.
C. A vacancy occurring during a term shall be filled in the same
manner as provided for filling a vacancy in the term of the Mayor
or
other members of the City Commission.
____________________________________________________________________________________________________
8.04.03. Organization. The following members shall serve as
officers of the Agency:
137
COMMISSIONS,
BOARDS,
AND
AGENCIES
NEXT >
A. The Mayor shall serve as chair; and
B. The Vice-Mayor shall serve as vice-chair.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
CHAPTER
EIGHT
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
A. The Community Redevelopment Agency shall have the powers
as provided under Part III of Chapter 163, F.S., with exception of
the power reserved to the City Commission, as set forth in Section
163.358, F.S.
B. The Community Redevelopment Agency shall have the following
additional roles & responsibilities with respect to this ULDC:
1. To hear, consider, & make recommendations to the
City Commission regarding amendment of the text of the
Comprehensive Plan pertaining to growth & development within
the CRA Overlay District; &
2. To hear, consider, & make recommendations to the City
Commission regarding amendment of the Future Land Use
Map of the Comprehensive Plan for properties within the CRA
Overlay District.
FRONT
PAGE
10
CHAPTER
ONE
COMMISSIONS,
BOARDS,
AND
AGENCIES
NEXT >
< PREVIOUS
138
CHAPTER 9. VARIATIONS FROM ULDC REQUIREMENTS.
10
9.00.00. GENERALLY. The purpose of this chapter is to provide
mechanisms for obtaining relief from the provisions of this ULDC
where hardship would otherwise occur. There are 2 ways that potential relief from hardship is addressed: relief through requirements
regarding nonconforming development; &, potential relief through
the
grant of a variance from the design standards of this ULDC.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
NINE
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
9.01.03. Specific Provisions for Nonconforming Residential
Lots of Record.
A.The minimum lot area, as specified in this ULDC for any residential
land use district, shall not apply to lots upon which buildings existed
prior to the adoption of this ULDC.
B. The use of an attached single-family home in an area designated
for low density residential land use shall not be considered a
nonconforming situation as described in this Chapter; provided
that (i) the subdivision or lot was platted prior to the adoption of
139
PLANNING DEPT.
WEBSITE
6
9.01.02. Expansion or Modification of Nonconforming Uses
or Structures.
A. No existing building, structure or premises shall be changed,
reconstructed, extended or structurally altered in any manner or
used for any purpose not consistent with the provisions of this ULDC
or any other applicable law.
B. Such nonconforming use shall not be enlarged, increased or
extended or occupy a greater area of land than at the time of the
adoption of this ULDC.
C. If such nonconforming use shall be discontinued for a continuous
period of 180 days, every future use of such premises shall be in
conformity with the provisions of this ULDC.
D. A nonconforming structure may be repaired when such structure
is partially destroyed or damaged, provided that the costs of repair
or replacement are less than fifty (50) percent of the value of the
structure, based on the appraised value as assessed by the County
Property Appraiser.
E. Any nonconforming building or structure, which has been
destroyed fifty (50) percent or more by fire, explosion, act of God
or the public enemy, may not be continued, except in conformity
with this ULDC.
F. Where the nonconformity is solely due to either the impervious
surface ratio or the stormwater management system, structural
additions may be made under the following conditions:
1. The proposed addition is less than 20% percent of the existing
square footage, or less than 500 sq. ft, whichever is less;
2. The addition is not within the required setbacks or buffers;
3. No additional offsite discharge of stormwater is created; &
4. No additional parking spaces are required.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
7
A. Subject to the provisions in Section 9.01.00, the use of land
or buildings existing on the date of enactment of this ULDC shall
be allowed to continue, if such use is otherwise lawful.
B. Nothing in this chapter shall be construed to prevent the
ordinary & routine maintenance & repair of nonconforming
structures.
C. Existing prohibited land uses within the wellhead protection
area shall be considered nonconforming uses as established in
Section 3.03.02.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
8
9.01.01. Continuation of Nonconforming Uses & Structures.
The lawful use of a building, structure or premises, existing at the
time of the adoption of this ULDC, may continue although such use
does not conform to the provisions of this ULDC.
INDICES
9
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
9.01.00. NONCONFORMING SITUATIONS.
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
VARIATION FROM
ULDC
REQUIREMENTS
NEXT >
this ULDC, & (ii) such attached single-family home existed or was
under construction prior to the adoption of this ULDC.
____________________________________________________________________________________________________
CHAPTER
TEN
CHAPTER
CHAPTER
NINE
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
Variance Findings
A. The proposed variation does not constitute a change in the
districts shown on the Official Land Use Map;
B. Special conditions & circumstances exist which are peculiar to
the land, structure, or building involved & which are not applicable
to other lands, structures, or buildings in the same land use district;
C. The special conditions & circumstances do not result from the
actions of the applicant;
D. Granting the variance requested will not confer on the applicant
any special privilege that is denied by the ULDC to other lands,
buildings, or structures in the same land use district;
E. Literal interpretation of the provisions of the ULDC would
deprive the applicant of rights commonly enjoyed by others in the
same land use district under the terms of the ULDC & would work
unnecessary & undue hardship on the applicant;
F. The variance granted is the minimum variance that will make
possible the reasonable use of the land, building, or structure;
G. The grant of the variance will be in harmony with the general
intent & purpose of this ULDC & that such variance will not be
injurious to the area involved or otherwise detrimental to the public
welfare;
H. Is not based on economic circumstances; &
I. That the variance, if granted, is based on the findings required
by this section.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
Table 9.02.02. Findings for Grant of a Variance.
CELL TOWER
ORDINANCE
7
____________________________________________________________________________________________________
INDICES
8
9.02.02. Required Findings for a Grant of Variance. In
considering variations from the terms of this ULDC, the grant of
a variance shall be based on an affirmative response for each of
the following:
TABLE OF
CONTENTS
9
9.02.01. Generally.
A. Where there are practical difficulties or unnecessary hardships
involved in carrying out the strict adherence to this ULDC, an application for a variance from the ULDC requirements may be made
to the City, using the procedure established in Section 9.02.03.
B. Requests for variances from the ULDC will be reviewed based
on
the required findings, as set forth in Section 9.02.02.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
ONE
9.02.00.
VARIANCES.
____________________________________________________________________________________________________
9.02.03. Procedures for Variances.
A. Any person requesting a variance from the terms of this ULDC
shall make formal application to the City on forms provided by the
City Manager.
B. The appropriate fee, as established by the City Commission,
shall accompany the application. No portion of the fee shall be
refunded whether the request is withdrawn by the applicant, denied
or granted by the City.
C. Any variance or modification granted shall be recorded & entered
into the minutes of the Board of Adjustment setting forth the
reasons
for granting the variance.
____________________________________________________________________________________________________
9.02.04. Specific Requirements for Variances in Areas of Flood
Hazard.
A. Generally.
1. Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure’s continued designation
as a historic structure & the variance is the minimum to preserve
the historic character & design of the structure.
2. Any person aggrieved by the decision of the Board of Adjustment
140
VARIATION FROM
ULDC
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
CHAPTER
NINE
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
Table 9.02.04(B). Findings Specific to Areas of Flood Hazard.
1. The danger that materials may be swept onto other lands to
the injury of others;
2. The danger to life & property due to flooding or erosion damage;
3. The susceptibility of the proposed facility & its contents to flood
damage & the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility
to the community;
5. The necessity of the facility to a waterfront location, in the case
of a functionally dependent facility;
6. The availability of alternative locations, not subject to flooding
or erosion damages, for the proposed use;
7. The compatibility of the proposed use with existing & anticipated
development;
8. The relationship of the proposed use to the comprehensive
plan & floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary
& emergency vehicles;
10. The expected heights, velocity, duration, rate of rise &
sediment transport of the floodwaters & the effects of wave action,
if applicable, expected at the site; &
11. The costs of providing governmental services during & after
flood conditions including maintenance & repair of public utilities
& facilities such as sewer, gas, electrical, water systems, & streets
& bridges.
C. Variances shall not be issued within any designated floodway, if
any increase in flood levels during the base flood discharge would
result.
D. Upon consideration of the factors listed in this section, & the
purposes of this ULDC, the Board of Adjustment may attach such
conditions to the granting of variances as it deems necessary to
further the purposes of this ULDC.
E. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief; & in the instance of a historical building, a determination
that the variance is the minimum necessary so as not to destroy
the historic character & design of the building.
F. Variances shall only be issued upon showing of good & sufficient
cause, a determination that failure to grant the variance would result
in exceptional hardship, & a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create a nuisance,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
G. Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base flood
elevation & the elevation to which the building is to be built &
stating that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced lowest floor elevation.
H. The Building Official shall maintain the records of all appeal
actions & report any variances to the Federal Emergency
Management
Agency, upon request.
____________________________________________________________________________________________________
FRONT
PAGE
10
or any taxpayer may appeal such decision to the County Circuit
Court.
B. Required Findings. In passing upon such applications, the Board
of Adjustment shall consider all technical evaluations, all relevant
factors, all standards specified in other sections of this ULDC, &
the
factors listed in Table 9.02.04(B).
____________________________________________________________________________________________________
VARIATION FROM
ULDC
REQUIREMENTS
9.02.05. Specific Requirements for Variances from Subdivision
Standards.
< PREVIOUS
A. Applicability. A variance may be granted in any particular case
where the subdivider can reasonably show that strict compliance to
the subdivision standards will or could cause unnecessary hardship.
141
NEXT >
CHAPTER
TEN
CHAPTER
CHAPTER
NINE
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
9.03.00.
APPEALS OF ADMINISTRATIVE ACTIONS.
____________________________________________________________________________________________________
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
4
1
< PREVIOUS
9.03.01. Applicability. Any person may file an appeal when it is
alleged that there is error in any order, requirement or decision
made
by the City in the application or interpretation of this ULDC.
____________________________________________________________________________________________________
9.03.02. Time for Filing an Administrative Appeal.
A. An applicant appealing an Administrative Decision, under the
terms of this section, shall make formal application to the City &
shall pay a fee, as established by the City Commission. No portion of the appropriate fee shall be refunded whether the request is
withdrawn by the applicant, denied or granted by the City.
B. An application for consideration of an appeal of an Administration
Decision shall be filed with the City Manager within 30 days of the
decision
that is the subject of the Administrative Appeal.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
B. Procedures.
1. An application for any such variance may be made in writing
by the subdivider at the same time the preliminary plat is filed
for consideration, in accordance with the procedures set forth in
Chapter 10.
a. Such application shall state fully all facts relied upon by the
subdivider, & shall be supplemented with maps, plans or other
additional data which may aid the Board of Adjustment in the
analysis of the proposed project.
b. Such application shall be considered at the next regular
meeting held by the Board of Adjustment.
2. The plans for such development shall include any covenants,
restrictions or other legal provisions necessary to guarantee the
full achievement of the proposed plat.
3. The fees to be paid for each application for a variance shall be
established by the City Commission.
C. Grant of a Variance.
1. A variance may be granted if:
a. It is in reasonable harmony with, & does not offend, the intent
& purpose of this section;
b. It is consistent with the Comprehensive Plan;
c. The issuance of the variance will not unreasonably alter the
essential character of the neighborhood; &
d. Granting the variance will not be contrary, or substantially
detrimental, to the public good, welfare, or interest.
2. In addition, the required findings in Section 9.02.02 shall be
used in making a determination to grant or deny the request for a
variance.
3. Once granted, a variance shall be effective as follows:
a. A variance shall expire when the development order
expires, if the project is not constructed;
b. A variance issued for a vacant property shall expire at the
end of 5 years if it is not used; or
c. A variance tied to a development order or permit, once
constructed, shall run with the property.
____________________________________________________________________________________________________
9.03.03. Appeals Specific to Storm Water Management Plans.
A. Any person aggrieved by the action of any official charged
with the enforcement of the Storm Water Management Plan
(Section 6.04.00) shall have the right to appeal the action to the
City Commission with a recommendation from the Planning
Commission to approve or deny the appeal.
B. Appeals may be filed for the following:
1. Disapproval of a properly filed application for a permit;
2. Issuance of a written notice of violation; or
3. An alleged failure to properly enforce this chapter in regard to
a specific application.
C. The Appeal shall be filed in writing within 20 days of the date
of official transmittal of the final decision or determination to the
applicant & shall state clearly the grounds on which the Appeal
142
VARIATION FROM
ULDC
REQUIREMENTS
NEXT >
CHAPTER
TEN
CHAPTER
CHAPTER
NINE
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
9.04.01. Reduction in Required Parking.
A. A reduction of required parking spaces may be allowed by the
City Manager when the reduction would result in:
1. The preservation of a protected tree with a trunk of 12 inches
DBH or greater; or
2. The preservation of native shrubs &/or ground cover in a quantity exceeding the minimum requirements of Section 4.06.02.
B. The reduction in required parking may be granted only if it will
prevent the removal of a protected tree or native vegetation that is
located within the area of the site designated as a vehicular use area.
C.
The following reduction schedule shall apply:
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
9.04.00.
ADMINISTRATIVE WAIVERS.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
A. A notice of appeal specifying each & every ground in support of
granting the Certificate of Concurrency shall be submitted by the
applicant to the City Manager within 20 days from the date of the
written denial of the Certificate of Concurrency.
B. The City Manager shall schedule the appeal to be heard at
a Planning Commission & City Commission meeting, & shall
transmit to the City Commission all papers constituting the record
for which the action appealed from was taken.
C. The City Manager shall notify the applicant in writing of the date,
time, & location of the Planning Commission & City Commission
meeting at which the appeal shall be heard.
D. During the appeal proceeding, the applicant may appear in person
or be represented by an agent or attorney.
E. Applicants may be required to assume such reasonable costs
as the City Commission may determine by ordinance, in setting
fees to be charged for appeals.
F. The applicant shall have the burden of proof to establish by the
presentation of competent substantial evidence to the Planning
Commission & City Commission that:
1. There was an error in the technical determinations made by
the City to deny the Certificate of Concurrency; or
2. One or more of the conditions in Section 6.01.02 are satisfied
that the necessary public facilities & service will be available
concurrent with the impact of the development.
G. Before rendering a decision regarding issuance of a certificate of
concurrency, the City Commission shall make specific findings that
the certificate of concurrency satisfies Sections 9.03.04(F)(1) or (2).
H. Action taken by the City Commission to affirm, reverse, or modify
the administrative decision to deny the Certificate of Concurrency
shall be documented in writing in the form of a resolution signed by
the
chairman or vice-chairman, specifying the grounds therefore.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
9.03.04. Appeals Specific to Concurrency Management. A denial
of a Certificate of Concurrency may be appealed by the applicant
to the City Commission.
FRONT
PAGE
10
CHAPTER
FIVE
is
based.
____________________________________________________________________________________________________
Table
9.04.01(C). Reduction in Parking.
____________________________________________________________________________________________________
Required
Parking Reduction of Required Parking Spaces
(No.)
Spaces
Allowable
____________________________________________________________________________________________________
1 to 4 0
5 to 9 1
10 to 19 2
20 or above 10% of total number of spaces maximum reduction regardless of number of trees or percentage of native vegetation preserved
VARIATION FROM
ULDC
REQUIREMENTS
____________________________________________________________________________________________________
< PREVIOUS
9.04.02. Wireless Communications. See Section 76-5 of the
City of Lynn Haven Code of Ordinances for administrative actions
pertaining to Wireless Communications.
<Located Behind Chapter 10 of this Book>
143
NEXT >
10
Chapter 10. ADMINISTRATIVE PROCEDURES.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
TWO
CHAPTER
FIVE
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
10.00.02. Development Permits & Local Development Orders Required.
A. A development permit or local development order shall be
required in conformance with the provisions of this ULDC prior to
the commencement of any development activities.
B. A development permit shall be required for the following activities:
1. Land clearing or modification;
2. Tree removal, & construction of any building or structure;
3. Installation of utilities, streets, driveways, drainage systems,
building systems (electrical, gas, mechanical, or plumbing),
accessory structures; &
4. Any other construction, reconstruction, site improvements, or
modifications to the land or water on a site.
C. A local development order shall be required prior to initiating
construction for any of the activities authorized by the following:
1. Final development plan for planned unit development (PUD);
2. Final development plan for traditional neighborhood
development (TND);
3. Preliminary & final subdivision plats;
4. Replat or reconfiguration;
5. Site plan;
6. Site plan for development subject to supplemental standards;
7. A change of use to food service uses, medical uses, uses
that require an increase in parking spaces, or uses that require
concurrency review; &
8. Development orders for developments of regional impact as
defined in Section 380.06, F.S.
D. No development permit shall be approved unless all required local
development orders necessary to the development activity proposed
in
the development permit application have first been approved.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
10.00.01. Purpose & Intent. This chapter sets forth the procedures
for receiving, reviewing, & rendering decisions on applications for
development permits, local development orders, & amendments
to this ULDC & to development permits & orders. Procedures for
appealing decisions & seeking variation from the standards of
this ULDC are set forth in Chapter 9. It is the City’s intent that the
procedures, set forth in Chapter 10, shall be followed, in order to
seek
approval for any development.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
FOUR
10.00.00.
GENERALLY.
____________________________________________________________________________________________________
10.00.03. Exemptions. See Section 1.03.02 for a list of activities
that are exempt from the requirement to obtain a local development
order, prior to submission of an application for a development permit.
The following activities are subject to specific requirements:
A. Storm water management plan requirements, as set forth in
Section 6.04.02(C); &
B. Tree removal permits, as set forth in Section 4.06.00.
____________________________________________________________________________________________________
10.00.04. Commencement of Work & Expiration of Development
Permits & Local Development Orders.
A. Commencement of work based on a development permit or a
local development order shall be initiated within 1 year from the
date the order is issued.
B. The development permit or a local development order shall expire
if work does not commence within 1 year from the date of issuance.
C. Where a project is initiated under the development permit or a
local development order, it may continue as long as the building
and inspection process continues.
D. Where activity toward completion of a project under a development
permit or a local development order ceases for a period exceeding
6 months, the development permit or local development order shall
be considered void. No further activity shall be undertaken until a
144
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FOUR
____________________________________________________________________________________________________
Table 10.01.00. Types of Applications & Responsible Parties
for Final Review & Decision-Making.
____________________________________________________________________________________________________
Party Responsible for Final Review & Decision-Making
4
____________________________________________________________________________________________________
Type of Application City City ____________________________________________________________________________________________________
Manager
Commission
Site plan for development,
with or without supplemental
standards X
Preliminary & final
subdivision plats X
PLANNING DEPT.
WEBSITE
CHAPTER
THREE
10.01.00. APPLICATION REQUIREMENTS. The table below
summarizes the final decision-making authority for the issuance of
development permits & local development orders.
FUTURE LAND
USE MAP - 2011
5
the only demonstration that the use & occupancy of land or buildings
are in compliance with the requirements of this ULDC. A Certificate
of Occupancy shall be received by the property owner, prior to
the use or occupancy of land or buildings. When a change of use
occurs, as set forth in Section 10.00.02(C)(7), a new Certificate of
Occupancy shall be required. This section shall not be construed
to apply to the transfer of ownership or the change of occupants,
except
as provided in Section 10.00.02(C)(7).
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
6
CHAPTER
FIVE
10.00.07. Certificate of Occupancy. A Certificate of Occupancy is
7
CHAPTER
TWO
INDICES
8
10.00.06. Fees for Independent Review of Applications. The
City is authorized to enter into a contract with persons who have
expertise necessary for the review of an application or a specific
technical aspect of an application. The costs of such review shall
be
paid by the applicant.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
10.00.05. Fees Required.
A. All appropriate fees shall be paid at the time an application for
development review is submitted.
B. No portion of the appropriate fee shall be refunded, whether the
request is withdrawn by the applicant, denied or granted by the City.
C. Permit fees shall reflect the cost of administration & management
of the permitting process.
D. The fee schedule may be amended from time to time by the
City Commission.
E. The City Commission shall establish a prorated fee schedule,
specific to storm water management plans, based upon the relative
complexity of the project.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
NINE
new
permit is issued.
____________________________________________________________________________________________________
____________________________________________________________________________________________________
3
____________________________________________________________________________________________________
PUD master plan & land
use overlay1
____________________________________________________________________________________________________
2
TND master plan & plan
amendment1 X
Amendments to local
development orders X
____________________________________________________________________________________________________
CHAPTER
ONE
____________________________________________________________________________________________________
1
Tree Removal Permit X
Minor amendments to
development permits X
____________________________________________________________________________________________________
____________________________________________________________________________________________________
Large Scale
Comprehensive Plan &
FLUM Amendment X
Small Scale
Development Amendment (FLUM) X
Amendment to the ULDC X
ADMINISTRATIVE
PROCEDURES
____________________________________________________________________________________________________
< PREVIOUS
____________________________________________________________________________________________________
____________________________________________________________________________________________________
145
NEXT >
1
Both the TND & the PUD are processed as ordinances.
CHAPTER
TWO
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
146
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
A. Name, address, & phone number of the owner.
B. Name, address, & phone number of the agent, if applicable.
C. A legal description of the land to be occupied by such construction,
including dimensions of the lot.
D. Survey.
E. Appropriate fee or fees as established by the City.
F. Proof of ownership for all lands within the proposed project or use.
G. A vicinity sketch showing existing land uses, future land use
map designations, public facilities, streets & roads, north point,
scale, & date. The sketch shall be referenced to easily recognizable
physical features.
H. Requirements for Areas of Flood Hazard. The following
information shall be submitted when a proposed project is located
within a flood hazard area, as established in Section 3.01.05.
1. Elevation in relation to mean sea level of the proposed lowest
floor (including basement) of all buildings;
2. Elevation in relation to mean sea level to which any nonresidential
building will be floodproofed;
3. Certificate from a registered professional engineer or architect that
the nonresidential floodproofed building will meet the floodproofing
criteria in Section 3.01.07; &
4. Description of the extent to which any watercourse will be altered
or relocated as result of proposed development.
5. For projects in V-zones, elevation in relation to mean sea level
of the bottom of the lowest horizontal structural member of the
lowest floor & provide a certification from a professional engineer or
architect indicating that they have developed or reviewed, or both,
the structural designs, specifications & plans of the construction &
certified that they are in accordance with accepted standards or
practice in Coastal High Hazard Areas.
6. During construction within a flood hazard area, the following
elevations & certifications shall be submitted:
a. Upon placement of the lowest floor or floodproofing by whatever
construction means or upon placement of the horizontal structural
members of the lowest floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the Building Official whichever
document is applicable, as built, in relation to mean sea level:
i. A certification of the NGVD or NAVD elevation of the lowest
floor,
ii. A floodproofed elevation, or
iii. The elevation of the lowest portion of the horizontal structural
members of the lowest floor.
iv. Such certification shall be prepared by or under the direct
supervision of a registered land surveyor or professional
engineer & certified by such surveyor & engineer.
CELL TOWER
ORDINANCE
7
Table 10.01.02. General Development Application Submittal Requirements.
____________________________________________________________________________________________________
INDICES
8
10.01.02. General Requirements for all Applications. All
applications for a development permit or a local development
order shall be made to the City Manager on forms furnished by the
City. All development applications shall contain, at a minimum, the
information
shown in Table 10.01.02.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
10.01.01. Pre-application Conference.
A. A Pre-application Conference may be requested by any person
proposing development within the City of Lynn Haven. A Preapplication Meeting to review City requirements is encouraged
but not required.
B. The Pre-application Conference shall be scheduled with the
Technical Review Committee (TRC) to occur at the next regular
meeting date of the TRC.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
EIGHT
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
FIVE
5
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
Site plan drawn to scale showing the nature, location, C
Engineering calculations, including traffic calculations & the requirements for a Storm Water Management Plan.
D
Third party permits, as applicable (FDEP, FDOT, USACOE, County).
E
Tree survey & landscape plan (Section 4.06.00).
F
Concurrency calculations (Section 6.01.02).
G
Erosion control.
H
For new construction, include drawings to scale or dimensions shown for the following plans, including specifications:
dimensions, & elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, utilities & the location of such items.
1. Floor plan;
2. Front, side, & rear elevation plans;
3. Utility plan; &
PLANNING DEPT.
WEBSITE
4
Requirements listed in Section 10.01.02.
B
FUTURE LAND
USE MAP - 2011
6
A
CELL TOWER
ORDINANCE
CHAPTER
SIX
Table 10.01.03. Submittal Requirements for Applications for
Local
Development Orders.
____________________________________________________________________________________________________
7
CHAPTER
FOUR
10.01.03. Application for Local Development Orders. An
application for a local development order shall include, but may not
be
limited to, the following:
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
v. When floodproofing is utilized for a particular building, the
certification shall be prepared by or under the direct supervision
of a professional engineer or architect & certified by such
engineer & architect.
b. Any work undertaken prior to submission of the certification shall
be at the permit holder’s risk.
c. The Building Official shall review the floor elevation survey data
submitted.
d. Deficiencies detected by such review shall be corrected by the
permit holder immediately & prior to further progressive work being
permitted to proceed.
e. Failure to submit the survey or failure to make the corrections
required hereby shall be cause to issue a Stop Work Order for
the
project.
____________________________________________________________________________________________________
4. Wetlands locations.
____________________________________________________________________________________________________
10.01.04. Application for Development Permits. All development
activity shall require issuance of a permit by the City. Each
development permit shall include the following information:
A. Tree removal permit. Permit applications for the removal,
relocation, alteration, or replacement of trees, as regulated in
Section 4.06.05, shall be submitted as part of development plans
for subdivisions, PUD & TND master plans, & site plans. A separate
application for a permit is required only where the tree removal or
site clearing is separate from any other development activity.
1. The application shall include a written statement indicating the
reasons for the requested action & the following:
a. Location of all existing or proposed structures, improvements,
& site uses, properly dimensioned in reference to property lines,
setback, & yard requirements in spatial relationship;
b. Proposed changes, if any, in site elevations, grades & major
contours;
c. Location of existing proposed utility services;
d. Location & identification of all trees (common or botanical
name) which are a minimum of 8 inches in diameter measured at
147
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
TWO
CHAPTER
SEVEN
CHAPTER
THREE
3
2
CHAPTER
ONE
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
Table 10.01.06(C). PUD & TND Master Plan Submittal Requirements.
1. Concept Plan. Prior to submitting a formal application for
development plan approval, the developer shall submit a concept
plan to the TRC to include:
a. A legal description of the parcel;
b. An area map showing adjacent property owners & existing
uses within 300 feet of the parcel; &
c. A sketch plan drawn approximately to scale, showing the
proposed use, conceptual design & layout of buildings, proposed
vehicle & pedestrian rights-of-way & open space areas.
2. Preliminary Development Plans. The applicant shall present
the preliminary development plan, along with the appropriate fee,
to the City Manager. Maps & graphic illustrations shall be drawn
at the required scale. The application shall include the information
set forth in Section 10.01.03, as well as the following information
in written & graphic form:
a. A discussion of the compatible relationship of the proposed
development to the planned unit or traditional neighborhood
development concept & adjacent land uses;
b. A description of the physical characteristics of the proposed
development, including total acreage, number of dwelling units,
148
PLANNING DEPT.
WEBSITE
5
10.01.06. Submittal Requirements for PUD & TND Master Plans.
A. An application for concept plan approval shall be filed along with
an application to amend the Future Land Use Map.
B. The proposed amendment to the Future Land Use Map shall
be processed, as required by State law.
C. The master plan for either a PUD or a TND shall be submitted
as shown in Table 10.01.06(C). A complete master plan consists
of a concept plan, a preliminary development plan, & a final
development plan. See Section 10.06.00 regarding requirements
for amendments to development orders, including master plans for
PUDs
& TNDs.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
10.01.05. Submittal Requirements for Site Plans, with or without
Supplemental Standards.
A. All commercial, industrial, & multifamily site plans shall be
submitted in compliance with the requirements of Section 10.01.03.
B. Additional plans, documents, or reports that are necessary to
support the application shall be submitted. Such plans, documents,
or reports shall include, but are not limited to, parking studies or
environmental impact studies. Requirements for parking studies
are set forth in Section 6.05.13. Requirements for environmental
impact studies are set forth by regional, state, & federal agencies
with
jurisdiction & in Chapter 3 of this ULDC.
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
DBH on the site within 30 feet of the buildable area, designating
the trees to be retained, altered, removed, relocated, or replaced.
Smaller trees to be retained may also be shown by the applicant to
assist the City Manager in determining replacement requirements.
Groups of trees in close proximity may be designated as “clumps,”
“forests,” or “dense tree cover” with the estimated number & type
of trees noted. Only those trees to be removed, altered, relocated,
or replaced shall be named (common or botanical name) on the
site plan;
e. Tree information required in Section 10.01.04(A)(1)(d) shall be
summarized in legible form on the plan & shall include the reason
for the proposed alteration, removal, relocation, or replacement;
f. Applications involving developed properties may be based on
drawings showing only that portion of the site directly involved and
adjacent structures & landscaping on natural growth incidental
thereto; &
g. For trees that are to be saved or retained, include a statement
of how these tree areas are to be protected during construction
& landscaping operations.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
10.01.07. Submittal Requirements for Storm Water Management
Plans. Storm Water Management Plan submittal requirements are
set
forth in Section 6.04.04.
____________________________________________________________________________________________________
10.01.08. Submittal Requirements for Preliminary Subdivision
Plats. Preliminary plat submittal shall address the following items:
A. The construction plans shall be submitted to the City Manager,
according to the established schedule.
B. An application containing the information required by Section
10.01.03.
149
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
dwelling unit density by land use category, impervious surface
ratios, minimum dimensional standards, lot size, yard & spacing
requirements, & amount & location of common open space;
c. Agreements, provisions, covenants, & other assurances
governing the ownership, development, use, maintenance, &
protection of all areas of the proposed development;
d. A general statement of the proposed development schedule;
e. A preliminary development plan showing the location, proposed
use & height of all buildings; the quantity of each proposed
use; the location of all parking & loading areas, with ingress &
egress drives thereto; the location & proposed development of
all common open spaces; the location of all existing or proposed
site improvements, including drains, culverts, retaining walls &
fences; the location & size of all signs; & the location & design of
street parking lighting, landscaping & buffers;
f. The location & availability of all utilities & the location of
easements;
g. A map or transparent overlay showing existing topographical
contours of the proposed project; &
h. General architectural features & the appearance of all building
types.
3. Final Development Plans. The final development plan shall
be in basic compliance with the preliminary development plan &
conform to all the conditions, as adopted by the City Commission
& provisions of this ULDC. The final development plan shall
be submitted as required by the City for recording. The final
development plan shall include the following information:
1. A statement of the number of acres, dwelling units, & net density
by type of land use, including minimum standards proposed for
floor area, lot size, & yard & spacing requirements;
2. A specific statement of the development schedule;
3. A detailed statement of agreements, provisions, & covenants
which govern the ownership, development, use, maintenance,
& protection of the development in any common or open space;
4. A brief summary indicating the total acreage of the project; the
total acreage in residential use, commercial use, common open
space, recreational area, parking lots & access ways; & the number
of dwelling unit density;
5. Definitive maps & other graphic illustrations:
i. The location & name of existing & proposed streets & the
location of pedestrian walkways & bicycle paths;
ii. The location, size & type of all buffers;
iii. The location and dimensions of all easements;
iv. The location & dimensions of all lots;
v. A complete engineering plan for all utilities & drainage;
vi. The location of all buildings, structures, facilities & amenities,
including parking lots & access ways in the project;
vii. The location of off-street parking & loading facilities; &
viii. The location & use of existing & proposed public,
semipublic or community facilities, including areas proposed
to be dedicated or reserved for community or public use.
6. A definitive drawing showing general architectural features &
the appearance of representative building types; &
7. A phasing plan, if proposed.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
150
PLANNING DEPT.
WEBSITE
5
Preliminary plats shall be drawn to scale & shall include the
following:
1. The name of the proposed subdivision which shall not duplicate
or closely approximate the name of any other subdivision in the City.
2. Certification of registered civil engineer & the land surveyor who
prepared the plat.
3. Legal description of the property, which is so complete that from
it, without reference to the plat, the starting point and boundary
can be determined. The description should reference the sectiontownship-range as applicable. If in a land grant, the plat will so state
that fact. The initial point in the description shall be to the nearest
government corner or other recorded and well established corner.
Section lines & 40 acre section lines occurring in the platted land
shall be indicated by lines drawn upon the plat with appropriate
words & figures.
4. A vicinity sketch drawn to scale showing all adjacent existing
subdivisions & their names, the tract lines of acreage parcels of
land, & all street & alley lines immediately adjoining the proposed
subdivision, & between it & the nearest highway or thoroughfares.
The sketch shall be referenced to easily recognizable physical
features.
5. The boundary lines, accurate in scale, of the tract to be subdivided.
Recording or survey discrepancies of adjoining or referenced tracts
are to be shown in detail.
6. The location, widths, & names of all existing or platted streets or
roads & all easements within & immediately adjacent to the tract &
other important features such as watercourses, railroad lines, etc.
7. Existing sewers, water mains, culverts with pipe sizes, other
underground structures & utilities within & immediately adjacent
to the tract.
8. The names & recording date (plat book & page) of adjoining
subdivisions.
9. Contours with intervals of 1 foot, or as needed for clarity,
referenced to USGS NGVD Datum.
10. The layout & widths of proposed streets, easements, lot lines,
lot numbers, block numbers & proposed lots.
11. Proposed front yard building setback & all other setback lines.
12. All parcels of land intended to be dedicated to or reserved for
FUTURE LAND
USE MAP - 2011
6
CHAPTER
ONE
Table
10.01.08(F). Preliminary Plat Requirements.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
C. Payment to the City for all legal fees, advertisement, &
engineering fees anticipated by the City Manager to be charged to
the City for payment of legal, advertisement, & engineering services
to be performed, as a result of plat approval & construction of the
subdivision.
1. The City Manager shall ascertain the anticipated legal &
engineering fees after consulting with the City Attorney & the
City Engineer.
2. If the legal, advertisement, or engineering fees collected by
the City are in excess of those actually charged the City, the
subdivider shall be entitled to a refund of the excess fee.
3. If the legal, advertisement, or engineering fees collected by
the City are insufficient to pay those actually charged the City,
the subdivider shall pay the deficiency to the City, upon written
request of the City Manager.
D. Draft protective covenants whereby the subdivider proposes
to regulate land use in the subdivision & otherwise protect the
proposed development. Such covenants shall be consistent with &
conforming to the goals, objectives & policies of the Comprehensive
Plan, if applicable.
E. A draft of any agreements for services which the developer wishes
to enter into with the City.
F. The preliminary plat shall comply with the requirements set forth
in
Table 10.01.08(F).
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
10.01.09. Submittal Requirements for Final Plats. The final plat
shall incorporate all changes, modifications, & revisions required;
otherwise it shall conform to the approved preliminary plat.
A. The final plat shall be drawn in compliance with State law &
City requirements.
B. The developer shall submit a written application, appropriate
fees as established by the City Commission, & the final plat which
complies with Chapter 177, F.S. no later than 1 year after the date
of approval of the preliminary plat, or it will be considered void
unless an extension is requested by the subdivider & granted, in
writing, by the City Commission.
C. Protective covenants, if proposed, in a form for recording.
D. Other certificates, affidavits, endorsements, or deductions, as
may be required by the City in the enforcement of these regulations.
E. The final plat shall comply with the provisions set forth in Table
10.01.09(E).
F. A minor subdivision meeting the requirements of Section
151
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
1. Plans & profiles of each proposed street & sidewalk at a horizontal
scale of 50 feet or less to the inch & vertical scale of 5 feet or less
to the inch, with tentative grades indicated; including plans, profiles
& proposed sanitary sewers, also storm water sewers, if required,
with grades & sizes indicated.
2. Typical cross sections of each proposed street & sidewalk,
including private streets, at a horizontal & vertical scale of 5 feet
or less to the inch, showing the width of pavement, the location &
width of sidewalks when installed, & the location of the utility main.
3. A complete grading plan.
4. A minimum of 2 benchmarks, not more than 1,500 feet apart.
Benchmarks shall not be required at closer intervals than 600 feet.
5. Drainage plans & calculations in compliance with the stormwater
level of service standard in the Comprehensive Plan. The plans shall
include all necessary calculations & documentation demonstrating
the adequacy of the proposed facilities. Proof of compliance with
the rules & regulations of state & federal regulatory agencies shall
be submitted with the improvements plan.
6. Construction plans of all water, sewage, pumping, & treatment
systems shall include a layout of piping system detailing line size,
material, & what the line is carrying.
a. Mechanical plans for water & sewage pumping stations & water
& sewage treatment plants shall, at a minimum, include a plan of
the facilities in two sections.
b. Electrical plans shall include wiring routes & a line diagram &
any control system diagrams.
c. Structural plans, where necessary, shall include foundation
plans, detail of concrete steel, & slab & wall thicknesses.
d. Plans of sewer package plant, if applicable, shall include
landscaping & physical buffering to include security.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
Table
10.01.08(G). Requirements for Improvement Plans.
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
public use; to be reserved in the deeds for the common use of
property owners in the subdivision, or to be reserved for the common
ownership of property owners in the subdivision; with the purposes,
conditions, or limitations of such dedication or reservation indicated.
13. Borings with existing & maximum water table elevations at least
every 500 feet along roadway.
14. Postal addresses will be obtained from the City Manager.
15. Location of sites, if any, for multifamily dwellings, shopping
centers, banks, offices, hospitals, cemeteries, recreational areas,
churches, industry, or other nonpublic uses exclusive of singlefamily dwellings.
16. Site data, including number of residential lots, typical lot size,
& acres in parks, etc.
G. Improvement plans shall be submitted along with the preliminary
plat
& shall include the information set forth in Table 10.01.08(G).
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
4.03.05
shall submit the items marked by *.
____________________________________________________________________________________________________
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
< PREVIOUS
10.01.10. Submittal Requirements for Comprehensive Plan
Amendments & Amendments to the ULDC. In addition to the
information required in Section 10.01.02, all applications for
amendments to the Comprehensive Plan or this ULDC shall include
the information set forth in this section.
A. A description of the proposed amendment, with specific
citations to the Comprehensive Plan or ULDC sections proposed
for amendment. Where the proposed amendment is only to the
Future Land Use Map, the application shall describe the existing
& proposed Future Land Use Map categories.
B. Supporting information to fully justify the proposed amendment.
C. For amendments to the Comprehensive Plan, documentation
of anticipated impacts & any proposed mitigation of such impacts.
D. A detailed statement describing consistency of the proposed
amendment with the Comprehensive Plan.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
1.* Primary control points, approved by the City, or descriptions
& “ties” to show control points, to which all dimensions, angles,
bearings, & similar data on the plat shall be referred.
2.* Tract boundary lines, rights-of-way lines of streets, easements,
& other rights-of-way, & property lines of residential lots & other
sites, with accurate dimensions, bearings, or deflection angles, &
radii, arcs, & central angles of all curves.
3.* Name & right-of-way width of each street or other right-of-way.
4.* Location, dimensions, & purpose of any easement.
5.* Number to identify each lot or site. Postal addresses as assigned
by the City shall be indicated on each lot.
6. Purpose for which sites, other than residential lots, are dedicated
or reserved.
7.* Minimum building setback lines on all lots & other sites.
8.* Location & description of monuments.
9. Names or record owners of adjoining unplatted land.
10. References to recorded subdivision plats of adjoining platted
land by record name, date, & number.
11.* Certification by licensed surveyor certifying to the accuracy
of the survey & plat.
12.* Certification of title showing that the applicant is the landowner.
13. Statements by the owner dedicating streets, rights-of-way &
any sites for public use.
14.* Title, scale, north arrow, & date.
15. Location & size of proposed sanitary sewer lines, water mains,
& package sewage plants.
16.* Maximum high water level where platted areas abut to, or
contain
lakes, rivers, or permanent ponding basins.
____________________________________________________________________________________________________
FRONT
PAGE
10
CHAPTER
THREE
Table
10.01.09(E). Final Plat Requirements.
____________________________________________________________________________________________________
10.02.00.
NOTICE REQUIREMENTS.
____________________________________________________________________________________________________
10.02.01. Generally.
A. Notice shall be required for the following types of applications:
1. Amendments to the Comprehensive Plan;
2. Amendments to this ULDC;
3. Sites plans;
4. Variances;
5. Administrative appeals;
6. PUD & TND final development plans; &
7. Preliminary or final subdivision plats.
B. Notices for amendments to the Comprehensive Plan &
amendments to this ULDC shall comply with the requirements of
State law.
C. All required notices shall contain the following information:
1. The name of the applicant.
2. The location of the property for which development approval
is sought.
152
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
10.03.01. Review & Compliance Report by TRC.
A. Preliminary plat review.
1. The TRC will review the preliminary plat & prepare a report
documenting the compliance of the application & preliminary plat
with the standards & criteria of this ULDC.
2. Following receipt of the TRC report, the City Manager shall submit
the preliminary plat, the application, & the compliance report to
the Planning Commission, with a recommendation for approval,
denial, or revisions of the preliminary plat.
3. The application, supporting materials, & the recommendation
of the Planning Commission shall be forwarded to the City
Commission for action.
B. Alternative preliminary plat review for plats of 3 to 50 lots.
1. Instead of the procedure in Section 10.03.01 (A), following receipt
of the TRC report, the City Manager may submit the preliminary
plat, the application & the compliance report directly to the City
Commission for action with a recommendation for approval, denial
or revisions of the preliminary plat, provided the development does
not impact the Capital Improvements Element.
2. The City Manager will determine the development does not impact
the Capital Improvements Element when:
a. Strategies to rectify lack of concurrency, implemented in
Section 6.01.05, are not required &
b. Proportionate Fair-Share Transportation Mitigation,
implemented in Section 6.01.06, is not required.
C. Final plat review.
1. The TRC shall review the final plat & prepare a compliance
153
PLANNING DEPT.
WEBSITE
10.03.00.
PROCEDURES FOR REVIEW & DECISION-MAKING.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
10.02.04. Published Notice Requirements.
A. The City shall publish a notice in a newspaper of general
circulation in Bay County.
B. The notice shall contain the information set forth in Section
10.02.01.
C. The notice shall comply with all requirements of State law
regarding size & placement in the newspaper.
D. The costs of publishing such notice shall be paid by the applicant.
Payment of such costs shall be made prior to scheduling any
required
public hearing.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
10.02.03. Mailed Notice Requirements. Notice for public hearings
for variances & establishment or amendment of overlay district
boundaries shall be mailed to abutting property owners within 100
feet of the subject property. Such mailed notice shall be completed
by the applicant & proof of such notice shall be provided to the City,
prior to the public hearing, in the form of an affidavit or certificate of
mailing
from the Post Office.
____________________________________________________________________________________________________
INDICES
8
TABLE OF
CONTENTS
9
10.02.02. Posted Notice Requirements. A public notice sign
shall be posted on the property (that is identified in the application)
regarding the proposed change or development.
A. The sign shall be located in a manner to ensure that it is clearly
visible on each portion of the subject property that fronts on a
roadway.
1. The sign & notice shall contain the information set forth in
Section 10.02.01(C).
2. Failure to place, maintain, or replace the sign shall not affect
the jurisdiction of the reviewing board or decision-making entity to
consider the application or the validity of any resulting decision.
B.
The City shall post a notice in a conspicuous place at City Hall.
____________________________________________________________________________________________________
FRONT
PAGE
10
3. The nature of the approval sought by the applicant.
4. The date, time, & place of any applicable public hearings on
the application.
D. Except as required in Section 10.02.01(B), notice shall be
provided
a minimum of 15 days before the applicable public hearing.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
10.03.02. Procedures for Action by the Community
Redevelopment Agency (CRA).
A. The CRA shall hold a public hearing on matters pertaining to an
application within the Community Redevelopment Area.
B. The CRA shall recommend approval, approval with conditions,
or denial of the application to the City Commission. The City
Commission may take action on the same application during the
regular
meeting at which the CRA hears & recommends an action.
____________________________________________________________________________________________________
10.03.03. Procedures for Action by the Planning Commission.
A. Compliance reports submitted to the Planning Commission shall
contain proposed findings regarding consistency of the application
with the goals, objectives, & policies of the Comprehensive Plan &
with the requirements of the ULDC.
B. Review of preliminary subdivision plats reviewed according to
154
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
report to document the consistency of the final plat with the
preliminary plat & with the requirements of this ULDC.
2. For plats of 2 to 50 lots, the City Manager shall submit the
final plat, the application, & the compliance report to the City
Commission with a recommendation for approval, denial. or
approval with conditions.
3. For plats greater than 50, the City Manager shall submit the
final plat, the application, & the compliance report to the Planning
Commission with a recommendation for approval, denial, or
approval with conditions.
D. PUD & TND master plan review.
1. The TRC shall meet with the applicant to review the concept
plan prior to consideration of a preliminary development plan.
2. Preliminary development plan review. The TRC shall review
applications for compliance with Sections 4.04.00 & 4.05.00, as
applicable, & prepare a report documenting compliance of the
application & preliminary development plan with the standards and
criteria of this ULDC. The compliance report shall be forwarded
to the Planning Commission for review & recommendation.
The application, supporting materials, & the recommendation
3. Final development plan review. The TRC shall review the
final development plan & prepare a report documenting the
consistency of the final development plan with the preliminary
development plan and with the standards & criteria of this ULDC.
The compliance report shall be forwarded to the Planning
Commission for review & recommendation. The application,
supporting materials, & the recommendation of the Planning
Commission shall be forwarded to the City Commission for
action.
E. Site plan review, with or without supplemental standards.
1. The TRC shall review site plans for compliance with the
applicable standards set forth in the ULDC & prepare a report
documenting its findings.
2. When the site plan does not comply with the requirements of
the ULDC, the applicant may provide additional information or
resubmit a revised site plan. The TRC shall review the revised plan
at its next regular meeting & prepare a revised compliance report.
3. The TRC shall forward the compliance report, with
recommendations of the TRC for approval, denial, or approval
with conditions, to the Planning Commission for review at the
next available meeting.
Commission
for action.
__________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
10.03.04. Procedures for Action by the City Commission.
A. Preliminary plat review.
1. The City Commission shall hold a public hearing on the
preliminary plat, according to the published schedule.
2. After receiving the City Manager’s recommendation for
subdivisions reviewed, according to Section 10.03.01(B) or
the Planning Commission’s recommendations, the City
Commission shall act to approve or deny the preliminary plat.
3. The City Commission may require modifications, changes, &
revisions of the plat as it deems necessary to protect the health,
safety, morals, comfort, convenience, & general welfare of the
community.
4. If the preliminary plat is not approved by the City Commission,
the reasons for such action shall be recorded in the proceedings
& transmitted to the applicant within 15 days.
B. Final plat review.
1. The City Commission shall take action on the final plat at a
public meeting, according to the published schedule.
2. If the plat is approved, the City Commission shall sign the
plat, & the subdivider shall then record it with the County within
30 days or the approved plat shall be considered void.
3. The subdivider shall, immediately upon recording, furnish the
City Manager with a reproducible copy, original linen or Mylar,
of the recorded plat & 2 prints. Failure to furnish such copies
155
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
Section 10.03.01(A).
1. The Planning Commission shall hold a public hearing on the
preliminary plat, according to the published schedule.
2. The subdivider or his representatives shall appear before the
Planning Commission at the public hearing, in order to answer
questions concerning the preliminary plat.
3. The report of the Planning Commission shall be submitted
to the City Commission, according to the published schedule.
C. Review of final subdivision plats reviewed according to Section
10.03.01(A).
1. The Planning Commission shall hold a public hearing on the
final plat, according to the published schedule.
2. The subdivider or his representatives shall appear before the
Planning Commission at the public hearing, in order to answer
questions concerning the final plat.
3. The report of the Planning Commission shall be submitted
to the City Commission according to the published schedule.
D. Review of PUD & TND master plans shall be in compliance with
the requirements set forth in the ULDC.
1. Preliminary development plan review.
a. The Planning Commission shall consider the proposed
preliminary development plan at a public hearing.
b. Following the public hearing, the Planning Commission
shall forward the preliminary plan & application to the City
Commission with a recommendation to approve, approve with
conditions, or deny the preliminary development plan.
2. Final development plan review.
a. The Planning Commission shall consider the proposed final
development plan at a public hearing.
b. Following the public hearing, the Planning Commission shall
forward the final development plan & application to the City
Commission with a recommendation to approve, approve with
conditions, or deny the preliminary development plan.
E. Site plan review, with or without supplemental standards.
1. The Planning Commission shall hold a public hearing to
review the site plan application.
2. The Planning Commission shall vote to recommend approval,
approval with conditions, or deny the application & shall forward
the plan & recommendation to the City Commission for final
action
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
TWO
CHAPTER
FOUR
CHAPTER
THREE
3
2
CHAPTER
ONE
4
1
< PREVIOUS
10.04.00.
QUASI-JUDICIAL HEARINGS.
____________________________________________________________________________________________________
A. A quasi-judicial hearing shall be scheduled when all required
reports & procedures have been completed. A quasi-judicial
hearing shall not be scheduled until an applicant has paid all
outstanding amounts.
B.
A quorum of the decision-making entity shall be present.
____________________________________________________________________________________________________
10.04.02. Conduct of hearings.
A. The hearing shall be conducted in a manner to protect the due
process rights of the applicant and affected parties.
B. All testimony presented by the applicant, any affected party, any
witness for a party, or the staff (other than legal advice given by the
City attorney) shall be given under oath.
C. The applicant, any affected party, & the staff may cross-examine
any person presenting information at the hearing.
D. An electronic record shall be made of the hearing.
E. Members of the general public may provide comment during
the hearing. If a member of the general public desires his or her
testimony to be considered as potential competent substantial
evidence, such person shall be placed under oath & subject to
cross-examination.
F. The decision-making entity may question the applicant, other
parties, witnesses, & the City staff at any time during the hearing.
G. The decision-making entity shall approve, approve with
conditions, or deny the matters under consideration. The decision
shall be based upon competent substantial evidence presented
during the hearing.
H. The decision-making entity shall enter a written order which
contains findings of fact & conclusions of law in support of its
decision.
I. The decision-making entity’s written order shall be transmitted &
156
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
shall be grounds for refusal to issue building permits for the lots
within the plat.
C. Minor subdivision review
1. The City Commission shall take action on the final plat at a
public meeting, according to the published schedule.
2. If the plat is approved, the Mayor shall sign the plat, & the
subdivider shall then record it with the County within 30 days or
the approved plat shall be considered void.
3. The subdivider shall, immediately upon recording, furnish the
City Manager with a copy. Failure to furnish such copies shall be
grounds for refusal to issue building permits for the lots within
the plat.
D. PUD/TND preliminary development plan review.
1. The City Commission shall hold a public hearing for
the purpose of determining whether or not the preliminary
development plan should be approved.
2. If, after the public hearing, the City Commission approves the
preliminary development plan, the developer shall then submit his
final development plan within 12 months of the date of approval
of the preliminary development plan.
3. For good cause shown, the City Commission may, at its
discretion, extend the time in which to file the final development
plan for up to 6 months.
E. PUD/TND final development plan review.
The City Commission shall consider the proposed final
development plan at a public hearing according to the published
schedule. The City Commission shall approve, deny, or approve
with conditions the final development plan.
F. Site plan review, with or without supplemental standards.
The City Commission shall hold a public hearing to review the site
plan application and take action to approve, approve with conditions,
or
deny the application.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
CHAPTER
NINE
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
10.05.00.
CONSTRUCTION & IMPROVEMENTS.
____________________________________________________________________________________________________
10.05.01. Compliance with Development Permits & Local
Development Orders. Prior to the consideration of the final
subdivision plat, final PUD development plan, or TND development
plan by the City Commission, the person desiring such approval
shall have completed all the necessary improvements in accordance
with
City specifications.
____________________________________________________________________________________________________
10.05.02. Improvement Agreements, Guarantees, & Sureties.
In lieu of the immediate installation of the required improvements,
the developer may do one of the following:
A. File an irrevocable letter of credit conditioned to secure the
construction of the required improvements in a satisfactory manner
& within a time period specified by the City Commission, such
period not to exceed 1 year. The irrevocable letter of credit shall
be executed by a surety company authorized to do business in the
state & having a resident agent in the City. No such letter of credit
shall be accepted unless it is enforceable by or payable to the City
in a sum equal to the cost of constructing the improvements as
estimated by the City Manager & unless its form, the surety thereon
& the conditions thereof are approved by the City Attorney.
B. Deposit with the City, or place in escrow cash, an irrevocable
letter of credit, a cashier’s check, or a certified check in an
amount equal to the cost of constructing the improvements, as
estimated by the City Engineer. The City Manager may release
portions of this security deposit as the work progresses to his
satisfaction. The City Manager shall require that the amount on
157
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
10.04.05. Order of Presentations. The following order of
presentations shall be followed:
A. Presentation by the City Manager of a compliance report
regarding the pending application.
B. Presentation by the applicant of evidence supporting
the application. The applicant shall bear the burden of
demonstrating that the application should be granted.
C. An affected party is entitled to present evidence opposing
the application.
D. Public comment.
E. Rebuttal by the City Manager, any affected party, & the
applicant.
F. Conclusion of the evidentiary portion of the hearing.
G. Closing arguments by the City Manager, any affected party,
& the applicant.
H. Deliberation by the decision-making entity.
____________________________________________________________________________________________________
INDICES
8
10.04.04. Procedures Regarding Ex Parte Communication.
A. A member of a decision-making entity shall not willfully participate
in an ex parte communication regarding a pending application.
B. All ex parte communications are presumed prejudicial,
unless the approximate date & general substance of the ex parte
communication is disclosed at the beginning of the quasi-judicial
hearing at which the decision-making entity considers the pending
application.
C. The City may rebut the presumption of prejudice by demonstrating
the absence of any actual prejudice to any party challenging the
validity of a decision-making entity’s decision on the basis of ex
parte
communications.
____________________________________________________________________________________________________
TABLE OF
CONTENTS
9
CHAPTER
EIGHT
10
10.04.03. When Required. Quasi-judicial hearings shall be
required for review of the following applications:
A. PUD & TND preliminary & final development plans;
B. Site plans with or without supplemental standards; &
C. Preliminary plats.
____________________________________________________________________________________________________
FRONT
PAGE
CHAPTER
CHAPTER
TEN
TEN
filed
with the City Clerk, as part of the official records of the City.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
10.07.00. ENFORCEMENT.
____________________________________________________________________________________________________
PLANNING DEPT.
WEBSITE
5
A. A proposed increase in the amount of approved impervious
surface of 5% or more;
B. A proposed increase in the approved density of development
(may also require an amendment to the Comprehensive Plan);
C. A proposed decrease in the approved open space of 5% or
more;
D. A modification in the approved design concept, such as a
substantial change in relationships among land uses, addition
of a land use category not in the approved site plan or PUD or
TND master plan, a substantial change in traffic pattern or points
of ingress or egress;
E. A modification in building location that affects required setbacks;
F. A modification to the number of City required parking spaces;
G. A modification in the landscaping or buffering that changes
the approved dimensions of the buffer or the number of plants.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
10.06.01. Amendments Required. Changes to an approved local
development order, as defined below, shall require specific approval
of an amendment to a site plan, PUD master plan, TND master
plan, or subdivision plat. The approval of an amendment shall follow
the same procedure as the original approval. All applications shall
demonstrate compliance with the required standards set forth in
this ULDC. The following situations shall require consideration of
an amended local development order:
CELL TOWER
ORDINANCE
7
____________________________________________________________________________________________________
INDICES
8
10.06.00. AMENDMENTS TO LOCAL DEVELOPMENT ORDERS.
Any deviation or changes affecting conformity with this ULDC
made in any plans prepared & to be used in construction without
obtaining approval shall be grounds for revoking the building permit
theretofore issued.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
deposit shall always be equal to or exceed the estimated cost of
completing the improvements. Upon the City’s acceptance of the
improvements, the developer shall post a 1 year maintenance bond
or irrevocable letter of credit. The amount of the maintenance
bond shall be determined by the City Manager, based on the cost
of construction of the improvements. When all improvements have
been made & accepted, the amount of the maintenance bond/
irrevocable letter of credit will normally be 10% of the amount of
the
improvements.
____________________________________________________________________________________________________
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
A. Any development activity that is commenced without prior
approval of a storm water management plan or is conducted contrary
to an approved stormwater management plan, as required by this
ULDC, shall be deemed a public nuisance & may be restrained by
injunction or otherwise abated in a manner provided by law.
B. Any violation of any of the provisions of a development permit or
local development order shall constitute a violation of this ULDC.
C. Additional Prohibited Conditions. The following conditions are
prohibited on improved property & are declared nuisances:
1. Any refuse of a height of more than 1 foot.
2. Any underbrush that exceeds 1 foot in height.
3. Any unfit or unsafe dwelling or structure.
4. Any weeds which exceed 1 foot in height.
5. Any luminaire which causes a light trespass that disturbs
the owner(s) or person(s) inhabiting a neighboring residence.
Investigation & enforcement of violations of this subsection
shall be only upon written complaint signed & submitted by the
aggrieved complaining party on a form acceptable to the City.
6. Any residential dwelling unit that does not:
i. contain a minimum of 200 square feet of living space for each
occupant thereof. For purposes of this subsection, living space
158
ADMINISTRATIVE
PROCEDURES
NEXT >
CHAPTER
CHAPTER
TEN
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
10.07.03. Code Enforcement Procedures. All code enforcement
activities & procedures shall be carried out, as set forth in the City
Code of Ordinances.
TABLE OF
CONTENTS
9
10.07.02. Responsibility for Enforcement. The Building Official
shall issue building permits & Certificates of Occupancy, inspect
buildings & premises with reference to compliance with this ULDC,
&
generally enforce the provisions of this ULDC.
____________________________________________________________________________________________________
FRONT
PAGE
10
does not include unheated areas, bathrooms, closets, halls,
storage, or utility space, & similar areas not used for living,
sleeping, eating or cooking, &
ii. contain a minimum of 1 flush water closet, 1 lavatory basin,
& 1 bathtub or shower for each 5 occupants thereof.
____________________________________________________________________________________________________
ADMINISTRATIVE
PROCEDURES
NEXT >
< PREVIOUS
159
Figure 10.1: Subdivision Plat Process.
Preliminary Plat
&
Construction
Plans
Planning
Commission
Public Hearing1
Approve
City
Commission Public
Hearing1
Approve with
changes
Issue Local
Development
Order
Issue Local
Development
Order
Deny
Final Plat
Planning
Commission
Public Hearing
1
Improvements
completed & accepted
by the City
City
Commission Public
Hearing
Approve
Needs
Revision
30 Days to
Record Plat
Return to
Preliminary
Plat Process
Deny
Quasi-judicial procedures shall be used for Public hearings for preliminary plats.
NEXT >
< PREVIOUS
160
Figure 10.2: TND & PUD Process.
Pre-Application
Conference
[Optional]
[10.01.01]
TRC
Planning
Commission
& City Commission
TRC
Concept Plan
[10.01.06]
TRC
Planning
Commission
& City Commission
Preliminary
Development Plan
[10.01.02 & 10.01.03]
Quasi-Judicial Hearing
Procedures
TRC
Planning Commission
City Commission
CRA1
Final Development Plan
[10.01.06]
Figure 10.3: Site Plan Process.
TRC
Planning Commission
City Commission
CRA1
Submit Application
[10.01.03/10.01.06]
Note: CRA reviews where application is within the CRA
District. Both Public hearings may be held at the same
meeting, but requires the CRA to make a decision, prior
to a decision by the City Commission. CRA approval of
a commercial use described in Section 4.02.00 must be
received, prior to the Planning Commission’s consideration of the application.
1
NEXT >
< PREVIOUS
161
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF
THE CITY OF LYNN HAVEN, FLORIDA:
____________________________________________________________________________________________________
Communication Cell Sites & Antennas Regulations.
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
____________________________________________________________________________________________________
1
< PREVIOUS
Purpose. The purpose of this ordinance is to establish general
guidelines for the siting of wireless Communications Cell Sites &
antennas. The goals of this ordinance are to:
(1) protect residential areas & land uses from potential adverse
impacts of Cell Sites & antennas;
(2) encourage the location of Cell Sites in nonresidential areas;
(3) minimize the total number of Cell Sites throughout the community;
(4) strongly encourage the joint use of new & existing Cell Sites as
a primary option rather than construction of additional single-use
Cell Sites;
(5) encourage users of Cell Sites & antennas to locate them, to
the extent possible, in areas where the adverse impact on the
community is minimized;
(6) encourage users of Cell Sites & antennas to configure them in
a way that minimizes the adverse visual impact of the Cell Sites
and antennas through careful design, siting, landscape screening,
& innovative camouflaging techniques;
(7) enhance the ability of the providers of telecommunications
services to provide such services to the community quickly,
effectively, & efficiently;
(8) consider the public health & safety implications of Communication
Cell Sites; &,
162
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
(1) the City Commission seeks to preserve & enhance the positive
aesthetic qualities of the built environment in the City of Lynn
Haven; &
(2) there exists a demand for the construction of new Communication
Cell Sites in the City of Lynn Haven; &
(3) it is in the public interest to accommodate the need for
Communication Cell Sites while promoting & requiring co-location
of existing & new communication Cell Sites & the use of existing
buildings & structures as the primary option rather than construction
of additional Cell Sites; &
(4) it is necessary to protect residential areas & land uses from
potential adverse impacts of Communication Cell Sites & to minimize
adverse visual impacts of Communication Cell Sites through careful
design, siting, landscape screening, & innovative camouflaging
techniques; &
(5) it is necessary to adopt the following amendments to the
Comprehensive Plan & Land Development Code of the City of Lynn
Haven to reflect recent changes in technology & federal regulations
for such Cell Sites; &
(6) the City Commission has determined that the provision for
Communication Cell Sites in limited areas within the City of Lynn
Haven would be consistent with the City’s Comprehensive Plan &
would further the public’s health, safety & welfare.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
ORDINANCE NO. 654
“AN ORDINANCE AMENDING THE COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION CODE,
ARTICLE IV, ENTITLED LAND USE
DISTRICTS, BY ADDING A NEW SECTION 76, ENTITLED
“WIRELESS TELECOMMUNICATIONS CELL SITES &
ANTENNAS”; PROVIDING DEFINlTIONS; PROVIDING
FOR PERMITTED LOCATIONS; PROVIDING CONDITIONS
FOR PERMITTED USES, ACCESSORY USES, & SPECIAL
USES; PROVIDING FOR PERMITS & LEASE AGREEMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; & PROVIDING FOR AN
EFFECTIVE DATE.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL
CELL TOWER
TOWER
ORDINANCE
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
Section 76-1: Definitions. As used in this ordinance, the following
terms shall have the meanings set forth below:
(A) “Accessory Equipment Building” means any building, cabinet
or equipment enclosure constructed for the primary purpose of
housing the electronics, backup power, power generators & other
free standing equipment associated with the operation of Antennas.
(B) “Alternative support structure” means man-made structures,
except Cell Sites, including, but not limited to, building, power poles,
trees, clock towers, bell steeples, light poles, water towers & similar
alternative-design mounting structures which allow for attachment
of antennas that camouflage or conceal the presence of antennas.
(C) “Antenna” means any exterior transmitting or receiving
device mounted on a Cell Site, building or structure & used in
communications that radiate or capture electromagnetic waves,
digital signals, analog signals, radio frequencies (excluding
radar signals), wireless telecommunications signals or other
communication signals. The types include:
(1) “Dish or parabolic” which is used for point-to-point
communications.
(2) “Dual-polarized (or cross-polarized)” which eliminates the
‘top-hat’ configuration of panel antennas by keeping the thin
antennas very close to the mount.
(3) “Panel” which is a sectorized antenna unit (pointed in three
directions) commonly used in cellular & PCS systems & which
can resemble plastic or glass light casings, such as seen on street
lights, standing on their ends. Panel antennas are getting smaller,
some appearing like florescent lights standing on their ends.
(4) “Whip” which is an omnidirectional antenna that is a very thin
element pointing up or down from its mount.
(D) “Antenna Support Structure” means a facility that is
constructed and designed primarily for the support of Antennas,
which include the following types:
(1) “Guyed Tower” - a tower that is supported in whole or in part
by guy wires and ground anchors or other means of support, in
addition to the superstructure of the tower itself;
(2) “Lattice Tower” - a tower that consists of vertical and
horizontal supports and crossed metal braces, which is usually
triangular or square in a cross section;
(3) “Monopole” - a tower of a single-pole design;
(4) “Camouflaged Structure” - a structure designed to support
antennas & designed to blend into the existing surroundings.
____________________________________________________________________________________________________
FRONT
PAGE
10
(9) avoid potential damage to adjacent properties from Cell Site
failure through engineering & careful siting of Cell Site structures.
In furtherance of these goals, the City of Lynn Haven shall give due
consideration to the City of Lynn Haven’s Comprehensive Plan,
zoning (now referred to as Future Land Use) map, existing land
uses, & environmentally sensitive areas in approving sites for the
location
of Cell Sites & antennas.
____________________________________________________________________________________________________
Privately owned amateur radio & citizens band antennas’ support
structures
shall be exempt from this ordinance.
____________________________________________________________________________________________________
(E) “Backhaul network” means the lines that connect a provider’s
Cell Sites to one or more cellular telephone switching office, & / or
long distance providers, or the public switch telephone network.
(F) “Camouflaged” means a structure designed to support one
or more antennas, but designed to unobtrusively blend into the
existing surroundings, disguised so as to not have the appearance
of a Cell Site. Such Site shall be consistent in size & scale with
the type of object it is designed to resemble. Where the reviewing
authority has the option of varying setback requirements if the Cell
Site can be integrated into existing or proposed structures, the test
for interpreting whether a Cell Site is integrated should be whether
the Cell Site truly resembles the structure in question, not whether
it functions exactly like the structure in question (for example, a Cell
163
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
164
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
Site mount designed to look like the light standards existing on a
site, but without any light fixture attached).
(G) “Cell Site” means any mount, structure or tower, greater than
15 feet in height, that is designed and constructed primarily for
the purpose of supporting one or more antennas for telephone,
radio & similar communication purposes, including self-supporting
lattice Cell Sites, guyed Cell Sites, or monopole Cell Sites. The
term includes radio & television transmission Cell Sites, microwave
Cell Sites, common carrier Cell Sites, cellular telephone Cell Sites,
alternative tower structures, & the like. The term includes the
structure & any support thereto.
(H)“Collocation” means when more than one FCC licensed
Provider uses an Antenna Support Structure to attach Antennas.
(I) “Commission” means the City of Lynn Haven Commission of
the City of Lynn Haven, Florida.
(J) “Existing Structures” means any lawfully constructed manmade structure, including, but not limited to, Antenna Support
Structures, buildings, utility structures, light poles, clock towers,
bell towers, steeples, water towers & the like, which allow for the
attachment of Antennas.
(K) “FAA” means the Federal Aviation Administration.
(L) “FCC” means the Federal Communications Commission.
(M) “Guyed Cell Site’’ means a communication mount that is
supported, in whole or in part, by guy wires and ground anchors.
(N) “Height” means, when referring to a Cell Site or other structure,
the distance measured from the finished grade of the parcel to the
highest point on the Cell Site or other structure, including the base
pad and any antenna.
(O) “Manager” means the City Manager of the City of Lynn Haven
or his designee
(P) “Monopole Cell Site” means a communication Cell Site
consisting of a single pole, constructed without guy wires & ground
anchors.
(Q) “Mounts” are the structures or surface upon which antennas
are mounted
There are four types:
(1) “Ground-Mounted” which are mounted on the ground, i.e.:
(a) “Guyed Tower” is a monopole or lattice tower that is tied to
the ground or other surface by diagonal cables.
(b) “Lattice Tower” is a type of mount that is self-supporting with
multiple legs & cross-bracing of structural steel.
(c) “Mast” is a thin pole that resembles a light standard or a
telephone pole. The dual-polarized (or cross-polarized) antenna
is usually deployed on a “mast.”
(d) “Monopole” is a thicker mount than a mast that is selfsupporting with a single shaft of wood, steel or concrete. A
monopole is generally structurally acceptable up to 200 feet in
height AGL (above ground level), above that it’s structural integrity
is challenged by wind & deflection.
(2) “Roof-Mounted” which are mounted on the roof of a building.
(3) “Side-Mounted” which are mounted on the side of a building
(4) “Structure-Mounted” which are mounted on a structure other
than a building.
(R) “Macrocell” are usually used in remote areas where they may
have their own power source from diesel or propane power supplies.
(S) “Microcell” are the smaller, shorter Cell Sites used to serve
smaller areas & often located within right-of-ways.
(T) “Pre-existing Cell Sites & Pre-existing Antennas” mean any
Cell Sites or antennas for which a building permit or special use
permit have been properly issued, prior to the effective date of this
ordinance, including permitted Cell Sites or antennas that have
not yet been constructed, so long as such approval is current &
not expired.
(U) “Provider” means an FCC licensed communications company.
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
1
< PREVIOUS
Section 76-3. General Requirements. It shall be unlawful for any
person, firm or corporation to erect, construct in place, place or reerect, replace, or repair any Cell Site without first making application
to the City’s Department of Development & Planning & securing a
Development Order approving said activity.
(A) Accessories. Accessory buildings or structures to Communication
Cell Sites shall not include offices, long-term vehicle storage,
outdoor storage, broadcast studios, except for temporary emergency
165
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
CELL
TOWER
ORDINANCE
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
Section 76-2: Applicability & Exceptions.
(A) Cell Sites & Antennas.
(1) New: All new Cell Sites or antennas in the City of Lynn Haven
shall be subject to these regulations, except as provided in
Sections 76-2 (B) thru (H), inclusive.
(2) Existing: Any Cell Site which existed & was maintained in
good order on the effective date of this Ordinance, & which
does not conform to the provisions of this ordinance, is declared
nonconforming. Such nonconforming Cell Sites may be legally
maintained & continued in use for a period ending on September
25, 2003. On or before such date & time, all nonconforming Cell
Sites shall be brought into compliance with the provisions of this
ordinance or be removed by such date & time.
(B) Amateur Radio Station Operators/Receive Only Antennas. This
ordinance shall not govern any Cell Site, or the installation of any
antenna, that is under seventy (70) feet in height & is owned &
operated by a federally-licensed amateur radio station operator or
is used exclusively for “receive only” antennas.
(C) Expansion, Modification or Extension of Preexisting Cell Sites
or Antennas. Other than the requirements of the FCC & applicable
building and safety codes, preexisting Cell Sites & preexisting
antennas shall not be required to meet the requirements of this
ordinance, unless they are expanded or extended in height
or otherwise modified in outer dimensions, in which case said
modifications must be made in compliance with this ordinance. On
or before September 25, 2003, all nonconforming Cell Sites shall
be brought into compliance with the provisions of this ordinance or
be removed by said date.
(D) AM Array. For purposes of implementing this ordinance, an AM
array, consisting of one or more Cell Site units & supporting ground
system which functions as one AM broadcasting antenna, shall be
considered one Cell Site. Measurements for setbacks & separation
distances shall be measured from the outer perimeter of the Cell
Sites included in the AM array.
(E) Direct Broadcast, Etc. Antennas which receive direct broadcast
satellite service, video programming services via multipoint
distribution services, which are one meter or less in diameter in
residential zones & three meters or less in diameter in nonresidential
zones, shall not be required to meet the requirements of this
ordinance.
(F) Customer Premises Equipment. Telecommunication equipment
on the premises of a telecommunication customer for the use of
the occupants of the premises are not subject to the requirements
of this ordinance.
(G) Mobile Stations. Equipment which is not fixed & ordinarily moves,
such as the end user’s equipment, e.g. wireless telephone, is not
subject to the requirements of this ordinance.
(H)
Temporary Cell Site. Short-term event, post-disaster relief, etc.
____________________________________________________________________________________________________
FRONT
PAGE
10
(V) “Temporary Antenna Support Facility” means a facility that
is designed & constructed to serve, on a temporary basis, as
a means of supporting Antennas & is used typically to provide
emergency wireless communications service or to provide wireless
communications service to special events.
(W) “Search Ring” means a geographic area in which a Provider’s
Antenna is intended to be located to serve the Provider’s coverage
area.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
166
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL
CELL TOWER
TOWER
ORDINANCE
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
purposes, or other structures or uses which are not needed to
send or receive transmissions. Transmission equipment shall be
automated to the greatest extent economically feasible to reduce
traffic & congestion. Where the site abuts or has access to a collector
street, access for motor vehicles shall be limited to the collector
street. All buildings & support equipment shall comply with Section
76-7 & with the then applicable Land Use Regulations.
(B) Additional Antennas. Any additional antennas, receipt or
transmission dishes, or other similar receiving or transmitting
devices proposed for attachment to an existing Communication
Cell Site shall require review in the same manner as the existing
Cell Site was originally approved. The intent of this requirement is
to ensure compliance with the structural integrity, visual aesthetics,
radiation standards & other standards established herein for
locating Communication Cell Sites upon which additional antennas,
communication dishes, etc., are to be installed. The application
for approval to install additional antennas, dishes or other similar
receiving devices shall include certification from a Florida-registered
structural engineer, or other professional accepted by the City
indicating that the additional device or devices installed will not
adversely affect the structural integrity of the Communication Cell
Site mount. A visual impact analysis shall be included as part
of the application for approval to install one or more additional
communication devices to an existing Cell Site.
(C) Aesthetics/Camouflage. Cell-Sites & antennas shall meet the
following requirements:
(1) Cell Sites shall either maintain a galvanized steel finish, be
subject to any applicable standards of the FAA, or be painted a
neutral color so as to reduce visual obtrusiveness. Depending
on location, additional screening may be required.
(2) At a Cell Site, the design of the buildings & related structures
shall, to the extent possible, use materials, colors, textures,
screening, & landscaping that will blend them into the natural
setting & surrounding buildings.
(3) If an antenna is installed on a structure other than a Cell Site,
the antenna & supporting electrical & mechanical equipment must
be of a neutral color that is identical to, or closely compatible with,
the color of the supporting structure, so as to make the antenna
& related equipment as visually unobtrusive as possible.
(D) Aircraft Hazard. Communication Cell Sites shall not encroach
into or through any established public or private airport approach
path as established by the Federal Aviation Administration (FAA).
Each application to construct a Communication Cell Site shall
include proof of application for approval from the FAA & shall be
submitted with each application for a Communication Cell Site.
Based upon the location or height of a proposed Communication
Cell Site, the City may require a statement of no objection from the
Bay County/Panama City International Airport. A development order
for an approved Communication Cell Site shall not be issued until
FAA approval is obtained.
(E) Bond for Performance, Maintenance &/or Removal upon Default.
Together with its application for approval for the construction &
use of a Cell Site, applicant must provide proof, acceptable to the
City Manager, that it will provide a Performance Bond, upon final
approval of its site permit, either in cash or by insurance policy
issued by a properly licensed insurance company, duly authorized
to do business in the State of Florida, Bay County, & the City of
Lynn Haven. Said Bond shall be for an amount as to whether tower
is collapsible within its own footprint; method of demolition; what
special safety precautions will be necessary; & landfill disposal fees
determined by this Code.
(1) The amount that would be required to perform emergency
maintenance on the Cell Site facility, upon the failure of the applicant
to provide ordinary & necessary maintenance requested by the
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
167
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
City, plus,
(2) The amount that would be required to safely take down, remove,
& legally dispose of the Cell Site mount, all buildings, electrical
paraphernalia, & other improvements related to the operation
thereof, upon failure of the applicant to duly remove said Cell Site
as otherwise provided in this ordinance,
But which shall not, in the aggregate, exceed fees in Appendix A.
The requirement for this bond shall be continuing in nature during
the term of the permit & any extensions thereof & may be revised
from time to time during the term & any extensions of the applicant’s
permit, then taking into consideration reasonable adjustments for
the original objectives of the bond, plus any modifications thereto.
Should said bond be allowed to lapse or for any reason become
unsecured, then, at the election of the City, the applicant’s permit
may be revoked by the City, & the applicant shall be required to
cease use of the facilities immediately. Further, should the applicant
fail to cure said defect(s) within 10 days, the Bond shall be payable
to the City of Lynn Haven, & the City may exert its rights to a lien
against applicant’s other properties for any other expenses, costs
& attorney’s fees incurred, in addition to the amount of said bond.
(F) Building Codes: Safety Standards: Inspections.
(1) Codes. To ensure the structural integrity of Cell Sites, the owner
of a Cell Site shall ensure that it is maintained in compliance with
standards contained in applicable state or local building codes & the
applicable standards for towers that are published by the Electronic
Industries Association, as amended from time to time.
(2) Inspections. The City Manager, at the expense of the applicant,
may require periodic inspection of Communication Cell Sites to
ensure structural integrity. Such inspections may be required as
follows:
(a) Monopole Cell Sites - at least once every 10 years;
(b) Self-Support Cell Sites - at least once every 5 years;
(c) Guyed Cell Sites - at least once every 3 years, inspections
shall be conducted by properly licensed engineers selected by
the City & licensed to practice in the State of Florida. The results
of such inspections shall be provided to the City Manager.
(3) Removal. If, upon inspection, the City of Lynn Haven concludes
that a Cell Site fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being
provided to the owner of the Cell Site, the owner shall have thirty (30)
days to bring such Cell Site into compliance with such standards.
Failure to bring such Cell Site into compliance within said thirty
(30) days may constitute grounds for the removal of the Cell Site
or antenna at the owner’s expense.
(G) Certification by Specialized Engineers Required. All applications
for construction of a Communication Cell Site shall be submitted
& accompanied by certifications, which include the information
serving as the basis for such certifications & certified by a State of
Florida Licensed Professional Engineer, specializing with expertise
in each area required by the City, including, but not limited to,
structural soundness, electrical, radio communication facilities, &
operational compliance, at the conclusion of the construction by an
engineer having those qualifications. The applicant must provide
an independent certification for each category of construction &
installation by one so licensed & specialized.
(H) Clustering. Placement of more than one Communication Cell
Site on a land site is required & may be located as close to each
other as technically feasible, unless it can be affirmatively shown to
be impossible from a practical standpoint & for reasons other than
expense, certified by the Applicant’s engineer duly licensed in the
speciality, causing the impossibility of clustering & provided Cell Site
failure characteristics of the Communication Cell Site on the site
will not result in multiple Communication Cell Site failures, based
on the certification of the applicant’s engineer, in the event that one
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
168
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
Communication Cell Site fails or will not present unacceptable risk
to any other Communication Cell Site on the site.
(I) Collocation, Multiple Antennas and Cell Site Plan. The City
of Lynn Haven requires the users of Cell Sites & antennas to colocate multiple users on each Cell Site & to cluster Cell Sites within
close proximity of each other, unless it can be affirmatively shown
to be impossible from a practical standpoint & for reasons other
than expense, certified to by Applicant’s engineer, duly licensed in
the speciality causing the impossibility of collocation or clustering.
To this end, users are required to submit future Location Plans
which disclose future planned sites for additional Cell Sites &/or
collocations. Applicant Users should submit a single application for
approval of multiple Cell Sites, collocation sites, &/or multiple user
mounts. In such event & when possible, the application shall be
given priority in the review process & a height bonus, not to exceed
20 feet per additional user.
(J) Fencing & Landscaping.
(1) An 8-foot fence or wall, as measured from the finished grade
of the site, shall be required around the base of a Communication
Cell Site. The fence shall set back a minimum of 10 feet from the
base of the Communication Cell Site. The required fence or wall
may include an appropriate anti-climbing device.
(2) Landscaping, consistent with the requirements of this code,
shall be installed around the entire perimeter of the fence.
Additionally, trees, at least 8 feet in height at planting, & planted
at intervals sufficiently close to afford full screening within 2
years, shall be planted around the entire perimeter of the fence.
Landscaping may be required around the perimeter of the fence
& around any or all anchors or supports, if deemed necessary to
buffer adjacent properties.
The City Commission may require landscaping, in excess of the
requirements of this code, if it determines that additional landscaping
is necessary to ensure compatibility with adjacent land uses.
(K) Franchises. Owners &/or operators of Cell Sites or antennas
shall certify that all franchises required by law for the construction
&/or operation of a wireless communication system in the City of
Lynn Haven have been obtained & shall file a copy of all required
franchises with the City Manager.
(L) High Voltage & “No Trespassing” Warning Signs.
(1) If high voltage is necessary for the operation of the
Communications Cell Site or any accessory structures, “HIGH
VOLTAGE - DANGER warning signs shall be permanently
attached to the fence or wall & shall be spaced not more than
40 feet apart.
(2) ‘NO TRESPASSING” warning signs shall be permanently
attached to the fence or wall & shall be spaced not more than
40 feet apart.
(3) The letters for the “HIGH VOLTAGE - DANGER” & “NO
TRESPASSING” warning signs shall be at least six inches (6”)
in height. The two warning signs may be combined into one
sign. The warning signs shall be installed at least five feet (5’)
above the finished grade of the fence.
(4) The warning signs may be attached to freestanding poles, if
the content of the signs might be obstructed by the landscaping
requirements imposed pursuant to this ordinance.
(M) Hurricane Evacuation Routes. Communication Cell Sites shall
not be constructed at a height & location that, in the event of Cell
Site failure, the Cell Site may totally or partially block or impede any
road or street designated as a hurricane evacuation route.
(N) Inventory of Existing Sites. Each applicant for an antenna and/
or Cell Site shall provide to the City Manager an inventory of its
existing Cell Sites, antennas, or sites approved for Cell Sites or
antennas, that are either within the jurisdiction of the City of Lynn
Haven or within one mile of the border thereof, including specific
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
169
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
information about the location, height, & design of each Cell Site.
The Manager may share such information with other applicants
applying for administrative approvals or special use permits under
this ordinance or other organizations seeking to locate antennas
within the jurisdiction of the City of Lynn Haven, provided, however
that the Manager is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
(O) Lighting. Artificial lighting of Communication Cell Sites
shall be limited to mandatory safety lighting required by county,
state, or federal regulatory agencies possessing jurisdiction
over Communication Cell Sites. For each Communication Cell
Site requiring lighting, the applicant shall seek FAA approval of
a dual lighting system. Security lighting around the base of a
Communication Cell Site may be provided if such lighting does
not aversely affect adjacent property owners. If required, shielding
may be necessary.
(P) Measurement. For purposes of measurement, Cell Site setbacks
& separation distances shall be calculated & applied to facilities
located in the City of Lynn Haven irrespective of municipal & county
jurisdictional boundaries.
(Q) Monopoles, Communications Dishes Prohibited. Unless
specifically authorized by the City Commission, communications
dishes may not be installed upon multiple Communication Cell Sites.
(R) Noninterference. Each application for conditional use to allow
construction of a Communication Cell Site shall include either a
preliminary or a certified statement that the construction of the
Communication Cell Site (including reception & transmission
functions) will not interfere with the usual & customary transmission
of radio, television, & other service enjoyed by adjacent (residential
& nonresidential) properties. In the event that only a preliminary
statement is submitted with the application, a final, certified
statement of noninterference shall be provided & approved by the
City, prior to the issuance of a Development Order. The statement
shall be prepared by an engineer or architect licensed to practice
in the State of Florida. If any reasonable complaints or allegations
of interference are raised by adjacent (residential & nonresidential)
properties, the City, at the expense of the applicant, may require
an inspection of the Communication Cell Site. The applicant shall
be required to correct any confirmed complaints or allegations of
interference. Applicants failing to correct problems may be subject
to having their approval revoked & the Communication Cell Site
removed, at the applicant’s expense.
(S) Not Essential Services. Cell Sites & antennas shall be regulated
& permitted pursuant to this ordinance & shall not be regulated or
permitted as essential services, public utilities, or private utilities.
(T) Public Notice. For purposes of this ordinance, any special use
request, variance request, appeal of an administratively approved
use or special use shall require public notice to all abutting property
owners & all property owners of properties that are located within
the corresponding separation distance, in addition to any notice
otherwise required by the Lynn Haven Code & Florida State Statutes.
(U) Radiation Standard. All Communication Cell Sites shall comply
with the “then-current” standards of the Federal Communications
Commission for non-ionizing electromagnetic radiation (NIER)
& electromagnetic fields (EMF), including the American National
Standard Institute’s (ANSI) public safety standards with regard
to human exposure on affected properties. Each conditional use
application for a Communication Cell Site shall include preliminary or
certified documentation or such statement from a Florida registered
electrical engineer or other professional accepted by the City,
indicating compliance with these public safety standards. The City
may hire a consultant to evaluate the required NIER, EMF, or ANSI
documentation. The fee charged by the consultant shall be paid by
the applicant. In the event only a preliminary statement is submitted
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
4
1
< PREVIOUS
Section 76-4: Authority of the Department of Development &
Planning. The Department, in conjunction with the Public Works
Department of the City, shall:
A. Provide review of the construction methods & means of
installation proposed to be used by the Applicant for its backhaul
network to be located within the City’s lands & rights-of-way;
B. Provide review of the proposed Routes & Depths of connection to
be used by the Applicant, for its backhaul network within the City’s
lands & rights-of-way; &
C. Calculate the Construction Fee(s) & Costs to be paid by the
Applicant for construction within the City’s lands & rights-of-way
through which the Applicant’s backhaul network shall operate.
170
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
with the application, a final, certified statement will be provided &
approved by the City, prior to the issuance of a development order.
The City shall have the right, but not the obligation, to evaluate
the Cell Site once a year to monitor compliance with the above
standards, such monitoring to be conducted at the applicant’s
expense.
(V) Setback. Unless otherwise provided, all Communication Cell
Sites shall comply with the following setback standards:
(1) All Communication Cell Sites not related to roof mounted
communications use shall have setbacks from all property
lines equal to one hundred & twenty (120) % of the height of
the proposed structure. This setback provision may be waived
or modified by the City Commission, in its discretion, provided
the applicant submits a certified, signed & sealed statement
from a Florida registered professional structural engineer which
demonstrates the Cell Tower’s design; Cell Sites, related to
roof mounted communications’ use, need only satisfy building
setbacks for the zoning district, in which the Cell Site is located.
This less stringent setback provision is in recognition of the FCC’s
PRB-1 preemption for amateur radio communications.
(2) In cases where the Cell Site is not related to roof mounted
communication’s use, the fall radius, one hundred & twenty
percent (120%) of the Cell site height or other approved design
fall radius, shall not encroach upon existing off-site structures or
adjacent (residentially designated) property.
(3) The base of the Communication Cell Site must be separated
from the nearest boundary of any residential zoning district by
a minimum distance equal to the greater of: (i) 500 feet, or (ii) a
distance in feet determined by multiplying the height of the Cell
Site by a factor of 3.
(4) The distance of any guy anchorage or similar device shall meet
the same setbacks, as otherwise required in that zoned district.
(5) All accessory buildings or structures shall meet the minimum
yard requirements for the respective zoning district in which
they are located, but not less than 25 feet from any property line
adjacent to an arterial or collector roadway or 10 feet from any
other property line.
(W) Signs & Advertising. The use of any portion of a Communication
Cell Site for signs or advertising purposes must meet the
requirements of the City’s Sign Ordinance.
(X) State or Federal Requirements. All Cell Sites must meet or
exceed current standards & regulations of the FAA, the FCC, & any
other agency of the state or federal government with the authority to
regulate Cell Sites & antennas. If such standards & regulations are
changed, then the owners of the Cell Sites & antennas governed by
this ordinance shall bring such Cell Sites & antennas into compliance
with such revised standards & regulations within six (6) months of
the effective date of such standards & regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring Cell Sites & antennas into compliance with
such revised standards & regulations shall constitute grounds for
the
removal of the Cell Site or antenna at the owner’s expense.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
171
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
Section 76-5. Administratively Approved Uses.
(A) General. The following provisions shall govern the issuance of
administrative approvals for Cell Sites & antennas.
(1) The City Manager may administratively approve the uses
listed in this Section.
(2) Each applicant for administrative approval shall apply to the
City Manager providing the information set forth in Sections
76-4 of this ordinance & a nonrefundable fee as established by
resolution in Appendix A for the costs of site plan review of the
application.
(3) The City Manager shall review the application for administrative
approval & determine if the proposed use complies with this
ordinance.
(4) The City Manager shall respond to each such application
within forty-five (45) days after receiving it by either approving or
denying the application.
(5) In connection with any such administrative approval, the City
Manager may, in order to encourage shared use, recommend
waiver of any zoning district setback requirements in Section
76-6 or separation distances between Cell Sites in Section 76-6
by up to fifty (50) %, if justified by use of camouflaged mounts,
monopoles, or collapsible mounts, & so long as the same does
not endanger the public in the event of mount failure.
(6) In connection with any such administrative approval, the
City Manager may, in order to encourage the use of monopoles,
administratively allow the reconstruction of an existing Cell Site
to monopole construction.
(7) If an administrative approval is denied, the applicant shall
file an application for a special use permit, pursuant to Section
76-6, prior to filing any appeal that may be available under the
Zoning Ordinance.
(B) “List of Administratively Approved Uses”. The following uses may
be approved by the City Manager after conducting an administrative
review:
(1) City Property. Antennas or Cell Sites located on property owned,
leased, or otherwise controlled by the City of Lynn Haven provided
a license or lease authorizing such antenna or Cell Site has been
approved by the City of Lynn Haven.
(2) Industrial. Locating a Cell Site or antenna, including the
placement of additional buildings or other supporting equipment
used in connection with said Cell Site or antenna, in industrial
zoning district.
(3) Existing Structures. Locating antennas on existing structures or
Cell Sites consistent with the terms of subsections (a) & (h) below:
(A) Antennas on existing structures. Any antenna which is not
attached to a Cell Site may be approved by the City Manager
as an accessory use to any commercial, industrial, professional,
institutional, or multifamily structure of 8 or more dwelling units,
provided:
(i) A Cell Site which is modified or reconstructed to accommodate
the collocation of an additional antenna shall be of the same Cell
Site type as the existing Cell Site, unless the City Manager allows
reconstruction as a monopole.
TABLE OF
CONTENTS
9
FRONT
PAGE
10
If the Applicant considers any work demanded of it to be outside
reasonable requirements, or if it considers any decision or ruling
of the City to be unreasonable, it may file a written protest within
ten (10) days of the written instruction of the Department, with the
City Manager, stating clearly & in detail the Applicant’s objections
& the reasons therefor. Unless the Applicant shall file such written
protest with the City Manager within such ten (10) day period, it shall
be deemed to have waived all grounds for such protest & to have
accepted the requirements, decision or ruling of the Department
as just & reasonable & as being within the scope of the Applicant’s
obligations
under this ordinance.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
Section 76-6, Special Use Permits.
(A) General. The following provisions shall govern the issuance of
special use permits for certain Cell Sites or antennas by the City
Manager, when recommended by the Technical Review Committee
(TRC) & Planning Commission & approved by the Mayor & City
Commission:
(1) If the Cell Site or antenna is not a permitted use under
Section 76-4 of this ordinance or permitted to be approved
administratively pursuant to Section 76-7 of this ordinance, then
a special use permit shall be required for the construction of a
Cell Site or the placement of an antenna in all zoning districts.
(2) Applications for special use permits under this Section
shall be subject to the procedures & requirements of the Land
Development Regulations, except as modified in this Section.
(3) In granting a special use permit, recommended by the
Planning Commission & approved by the City Commission may
impose conditions to the extent they conclude such conditions
are necessary to minimize any adverse effect of the proposed
Cell Site on adjoining properties.
(4) Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
172
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
(ii) Height.
(a) An existing Cell Site may be modified or rebuilt to a taller
height, not to exceed twenty (20) feet over the Cell Site’s existing
height, to accommodate the collocation of an additional antenna,
but not to exceed a maximum height of this ordinance.
(b) The height change referred to in subsection (iii)(a) may only
occur one time per communication Cell Site.
(c) The additional height referred to in subsection (iii)(a) shall
not require an additional distance separation as set forth in
Section 76.6. The Cell Site’s premodification height shall be
used to calculate such distance separations
(iii) Onsite location.
(a) A Cell Site which is being rebuilt to accommodate the
collocation of an additional antenna may be moved onsite within
fifty (50) feet of its existing location.
(b) After the Cell Site mount is rebuilt to accommodate
collocation, only one mount may remain on the site.
(c) A relocated onsite Cell Site shall continue to be measured
from the original Cell Site location for purposes of calculating
separation distances between Cell Sites pursuant to Section
76-6. The relocation of a Cell Site hereunder shall in no way
be deemed to cause a violation of Section 76-6.
(4) Mixed Use. New Cell Sites in nonresidential zoning districts.
Locating any new Cell Site in a nonresidential zoning district,
other than industrial or commercial, provided a Florida licensed
professional structural engineer certifies the Cell Site can structurally
accommodate the number of shared users proposed by the
applicant; the City Manager concludes the Cell Site is in conformity
with the goals set forth in regulation; the Cell Site meets the setback
requirements in Section 76-6(B)(4) & separation distances in
Section 76-6(B)(5); & Cell Site meets the following height and
usage criteria:
(a) for a single user, up to ninety (90) feet in height:
(b) for 2 users, up to one hundred twenty (120) feet in height; &
(c) for 3 or more users, up to one hundred fifty (150) feet in height.
(5) Locating any alternative Cell Site structure in a zoning district
other than industrial that in the judgment of the City Manager, in
conformity with the goals set forth in this ordinance.
(6) Installing a cable microcell network through the use of multiple
low-powered transmitters/receivers attached to existing wireline
systems, such as conventional cable, telephone, or electrical wire
supports, or similar technology that does not require the use of
Cell
Sites.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
173
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
by a Florida licensed engineer, subject to the certification
requirements of Section 76-3(G).
(5) An applicant for a special use permit shall submit the
information described in this Section & a nonrefundable fee as
established by resolution of the City Commission in Appendix A.
(B) Cell Sites.
(1) Information required. In addition to any information required
for applications for special use permits pursuant to the Land
Development Regulations, applicants for a special use permit for
a Cell Site shall submit the following information:
(a) Five sets of scaled site plans clearly indicating the location,
type & height of the proposed Cell Site, on-site land uses &
zoning, adjacent land uses & zoning (including when adjacent
to other municipalities), Comprehensive Plan classification of the
site & all properties within the applicable separation distances
set forth in Section 76-6, adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings
of the proposed Cell Site & any other structures, topography,
parking, & other information deemed by the City Manager to be
necessary to assess compliance with this ordinance.
(b) Legal description of the parent tract & leased parcel (if
applicable).
(c) The setback distance between the proposed Cell Site & the
nearest residential unit, platted residentially zoned properties,
& unplatted residentially zoned properties.
(d) The separation distance from other Cell Sites described in
the inventory of existing sites submitted & shall be shown on
an updated site plan or map. The applicant shall also identify
the type of construction of the existing Cell Site(s) & the owner/
operator of the existing Cell Site(s), if known.
(e) A landscape plan showing specific landscape materials.
(f) Method of Fencing, & finished color &, if applicable, the
method of camouflage & illumination.
(g) A description of compliance with Sections 76-3 & all
applicable federal, state or local laws.
(h) A notarized statement by the applicant as to whether
construction of the Cell Site will accommodate collocation of
additional antennas for future users.
(i) Identification of the entities providing the backhaul network
for the Cell Site(s) described in the application & other cellular
sites owned or operated by the applicant in the municipality.
(j) Maps or drawings depicting communication coverage areas
for the cell site.
(2) Factors Considered in Granting Special Use Permits for Cell
Sites. In addition to any standards for consideration of special use
permit applications, pursuant to the Zoning Ordinance, the Planning
Commission shall consider the following factors in determining
whether to issue a special use permit, although the Planning
Commission may waive or reduce the burden on the applicant of
one or more of these criteria if the Planning Commission concludes
that the goals of this ordinance are better served thereby:
(a) Height of the proposed Cell Site;
(b) Proximity of the Cell Site to residential structures &
residential district boundaries;
(c) Nature of uses on adjacent & nearby properties;
(d) Surrounding topography;
(e) Surrounding tree coverage & foliage;
(f) Design of the Cell Site, with particular reference to design
characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(g) Proposed ingress and egress; &
(h) Availability of suitable existing Cell Sites, other structures,
or alternative technologies not requiring the use of Cell Sites
or structures, as discussed in Section 76-6(B)(3) of this
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
174
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
ordinance.
(3) Availability of Suitable Existing Cell Sites, Other Structures, or
Alternative Technology. No new Cell Site shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the
City that no existing Cell Site, structure or alternative technology
(that does not require the use of Cell Sites or structures) can
accommodate the applicant’s proposed antenna. An applicant shall
submit information requested by the City related to the availability
of suitable existing Cell Sites, other structures or alternative
technology. Evidence submitted to demonstrate that no existing
cell site, structure or alternative technology can accommodate the
applicant’s proposed antenna may consist of any of the following:
(a) No existing Cell Sites or structures are located within
the geographic area which meet applicant’s engineering
requirements.
(b) Existing Cell Sites or structures are not of sufficient height
to meet applicant’s engineering requirements.
(c) Existing Cell Sites or structures do not have sufficient
structural strength to support applicant’s proposed antenna &
related equipment.
(d) The applicant’s proposed antenna would cause
electromagnetic interference with the antenna on the existing
Cell Sites or structures, or the antenna on the existing Cell
Sites or structures would cause interference with the applicant’s
proposed antenna.
(e) The fees, costs, or contractual provisions required by
the owner, in order to share an existing Cell Site or structure
or to adapt an existing Cell Site or structure for sharing are
unreasonable. Costs exceeding new Cell Site development
are presumed to be unreasonable.
(f) The applicant demonstrates that there are other limiting
factors that render existing Cell Sites & structures unsuitable.
(g) The applicant demonstrates that an alternative technology
that does not require the use of Cell Sites or structures, such
as a cable microcell network using multiple low-powered
transmitters/receivers attached to a wireline system, is
unsuitable. Costs of alternative technology that exceed new
Cell Site or antenna development shall not be presumed to
render the technology unsuitable.
(4) Setbacks. The following setback requirements shall apply
to all Cell Sites for which a special use permit is required;
provided, however, that the City may reduce the standard setback
requirements if the goals of this ordinance would be better served
thereby:
(a) Cell Sites must be set back a distance equal to at least one
hundred & twenty percent (120%) of the height of the Cell Site
from any adjoining lot line.
(b) Guys & accessory buildings must satisfy the minimum
zoning district setback requirements, provided, however, not
closer than 25 feet from any property line & adjacent to an
arterial or collector roadway or 10 feet from any other property
line.
(5) Separation. The following separation requirements shall apply to
all Cell Sites & antennas for which a special use permit is required;
provided, however, that the City may reduce the standard separation
requirements if the goals of this ordinance would be better served
thereby.
(a) Separation from off-site uses/designated areas.
(i) Cell Site separation shall be measured from the base of the
Cell Site to the lot line of the off-site uses &/or designated areas
as specified in Table 1, except as otherwise provided in Table 1.
(ii) Separation requirements for Cell Sites shall comply with the
minimum standards established in Table 1.
CELL TOWER
ORDINANCE
NEXT >
10
Table 1:
Off-site Use/Designated Area Single-family or duplex residential 1
unit; Low and Medium Densities
Separation Distance
300 feet or 300% height of Cell Site
whichever is greater
Vacant residential land & which is either platted or has preliminary subdivision plan approval which
is not expired
300 feet or 300% height of Cell Site2
9
200 feet or 200% height of Cell Site
Existing high-density residential 200 feet or 200% height of Cell Site
units greater than duplex units
Non-residentially zoned lands or nonresidential
None; only setbacks apply uses
1
8
Includes modular homes & mobile homes used for living purposes.
Separation measured from base of Cell Site to closest building setback line.
3
Includes any unplatted residential use properties without a valid preliminary
subdivision plan or valid development plan approval & any multifamily
residentially zoned land greater than duplex
2
CHAPTER
SEVEN
CHAPTER
FIVE
5
4
Lattice
Guyed
Monopole 75 Ft
in height or
Greater
Lattice
5,000
5,000
1,500
Monopole Less than
75 Ft in
Height
750
Guyed
5,000
5,000
1,500
750
Monopole
75’ in Height 1,500
or Greater
1,500
1,500
750
Monopole
Less than 75’ in
Height
750
750
750
750
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
____________________________________________________________________________________________________
1
< PREVIOUS
(6) Security fencing. Cell Sites shall be enclosed by security fencing
not less than 6 feet in height & shall also be equipped with an
appropriate anti-climbing device, provided; however, that the City
may waive such requirements, as it deems appropriate.
(7) Landscaping. The following requirements shall govern the
landscaping surrounding Cell Sites for which a special use permit
is required; provided; however, that the City may waive such
requirements, if the goals of this ordinance would be better served
thereby.
(a) Cell Site facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the Cell Site
compound from property used for residences. The standard buffer
shall consist of a landscaped strip as identified in the landscape
portion of the Ordinance outside the perimeter of the compound.
(b) In locations where the visual impact of the Cell Site would be
minimal, the landscaping requirement may be reduced or waived.
(c) Existing mature tree growth & natural land forms on the site
shall be preserved to the maximum extent possible. In some
cases, such as Cell Sites sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
____________________________________________________________________________________________________
Section 76-7. Buildings & Other Equipment Storage.
(A) Antennas Mounted on Structures or Rooftops. The equipment
cabinet or structure used, in association with antennas shall comply
175
PLANNING DEPT.
WEBSITE
CHAPTER
FOUR
Table 2: Existing Cell Sites - Types
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
(b) Separation distances between Cell Sites.
(i) Separation distances between Cell Sites shall be applicable for
& measured between the proposed Cell Site & preexisting Cell
Sites. The separation distances shall be measured by drawing or
following a straight line between the base of the existing Cell Site
and the proposed base, pursuant to a site plan, of the proposed
Cell Site. The separation distances (listed in linear feet) shall be
as shown in Table 2.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
7
CHAPTER
SIX
____________________________________________________________________________________________________
INDICES
CHAPTER
EIGHT
____________________________________________________
TABLE OF
CONTENTS
CHAPTER
NINE
Vacant unplatted residential lands3
FRONT
PAGE
CHAPTER
TEN
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
Section 76-8. Removal of Abandoned Antennas & Cell Sites.
Any antenna or Cell Site that is not operated for continuous period
of six (6) months shall be considered abandoned, & the owner of
such antenna or Cell Site shall remove the same within ninety (90)
days of receipt of notice from the City notifying the owner of such
abandonment. Failure to remove an abandoned antenna or Cell-Site
within said ninety (90) days shall be grounds to remove the Cell Site
or antenna at the owner’s expense. If there are two or more users
of a single Cell Site, then this provision shall not become effective
until all users cease using the Cell Site, unless such continued use
should be considered impractical from a financial & public safety
standpoint. The City, upon default of a user, may use the Bond
required under Section 76-3(E), either to continue maintenance
or
to remove the abandoned Cell Site.
____________________________________________________________________________________________________
Section 76-9. Abandonment of Communication Towers.
(A) Compelling Public Interest. The Commission finds & declares
that, because of the national public policy of ensuring that the
wireless communications industry and its evolving new technologies
are accommodated notwithstanding the undesirable effects that
communication sites may have on the aesthetics of communities &
neighborhoods, there is a compelling public interest in ensuring that
communication towers are promptly disassembled, dismantled, &
removed once they are no longer being used. Further it is found that
there is substantial risk that towers may cease being used in large
numbers, if there is a concentration or consolidation of competitors
within the industry or if even newer technologies arise, obviating
the need for towers.
(B) Abandonment. In the event the use of any Cell Site has been
discontinued for a period of ninety (90) consecutive days, the Cell
Site shall be deemed to be abandoned. Determination of the date
176
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
with the following:
(1) The cabinet or structure shall not contain more than 400
square feet of gross floor area or be more than 8 feet in height.
In addition, for buildings & structures which are less than 65 feet
in height, the related unmanned equipment structure, if over 100
square feet of gross floor area or 6 feet in height, shall be located
on the ground & shall not be located on the roof of the structure.
(2) If the equipment structure is located on the roof of a building,
the area of the equipment structure & other equipment &
structures shall not occupy more than 30 % of the roof area.
(3) Equipment storage buildings or cabinets shall comply with
all applicable building codes.
(B) Antennas Mounted on Utility Poles or Light Poles. The equipment
cabinet or structure used in association with antennas shall be
located in accordance with the following:
(1) In commercial or industrial districts, the equipment cabinet or
structure shall be no greater than 8 feet in height or 400 square
feet in gross floor area. The structure or cabinet shall be screened
by an evergreen hedge with an ultimate height of 8 feet & a planted
height of at least 36 inches. In all other instances, structures or
cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence 8 feet in height or an evergreen hedge
with an ultimate height of 8 feet & a planted height of at least 36
inches.
(C) Antennas Located on Cell Sites. The related unmanned
equipment structure shall not contain more than 400 square feet of
gross floor area or be more than 8 feet in height, & shall be located,
in accordance with the minimum yard requirements of the zoning
district in which located.
(D) Modification of Building Size Requirements. These requirements
may be modified by the City Manager in the case of administratively
approved uses or by the Planning Commission & in the case of uses
permitted
by special use to encourage collocation.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
CHAPTER
ONE
1
< PREVIOUS
177
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
of the abandonment shall be made by the City Manager, who
shall have the right to request documentation &/or affidavits from
the Cell Site owner/operator regarding the issue of site usage.
Failure or refusal for any reason by the owner/operator to respond
within twenty days to such a request shall constitute prima facie
evidence that the communication site has been abandoned. Upon
a determination of abandonment (& notice thereof to the owner/
operator of the site), the owner/operator shall have an additional
ninety (90) days within which to:
(i) reactivate the use of the site or transfer the site to another
owner/operator who makes actual use of the site within the
ninety (90) day period, or
(ii) dismantle & remove the Cell Site. At the earlier of ninety
(90) days from the date of abandonment without reactivation
or upon completion of dismantling & removal, any special
exception &/or variance approval for the original Cell Site shall
automatically expire.
(C) Duty to Remove Abandoned Cell Sites. Notwithstanding the
provisions of paragraph (B), upon abandonment of a communication
site & the failure or refusal by the owner/operator to either reactivate
the site or dismantle & remove it within ninety (90) days, the following
person or entities (the “responsible parties”) shall have the duty
jointly & severally to remove the abandoned site:
(1) The owner of the abandoned Cell Site (&, if different, the
operator of the abandoned Cell Site);
(2) The owner of the land upon which the abandoned Cell Site
is located;
(3) The lessee, if any, of the land upon which the Cell is located;
(4) The sublessee or sublessees, if any, of the land upon which
the tower is located;
(5) Any communication service provider who or which by ceasing
to utilize the tower or otherwise failing to operate any of its
transmitters or antennas on the Cell Site for which it leased space
or purchased the right to space on the cell site for its transmitters
or antennas & such ceasing or failure to utilize the Cell Site in
fact caused the Cell Site to become abandoned;
(6) Any person to whom or entity to which there has been
transferred or assigned any license issued by the Federal
Communications Commission & under which the Cell Site owner/
operator operated the Cell Site.
(7) Any person or entity (or their respective parent or subsidiary,
or managing partner or general partner), which has purchased or
acquired, through merger or otherwise, all or a substantial portion
of the assets of the Cell Site owner or operator.
The abandoned Cell Site shall be removed on or before the
ninetieth day after receipt by the responsible party or parties of
a notice from the City Manager ordering its removal. The duty
imposed by this paragraph shall supersede & otherwise override
any conflicting provision of any contract, agreement, lease,
sublease, license, franchise or other instrument entered into or
issued on & after the effective date of this ordinance.
(D) Enforcement. The City Manager shall take such actions
from time to time as are necessary or useful to enforce the duty
& requirements imposed by this subsection, & in the course of
enforcement, the City Manager may avail himself of any one or
more of the following:
(1) Proceedings to enforce this subsection may be brought
before the Code Enforcement Board in the manner allowed by
general law & the City Code.
(2) Proceedings to enforce this subsection may be brought
before the Circuit Court in the 14th Judicial Circuit of Florida, &
in such proceedings, the City shall be entitled to all remedies
at law & in equity, including (but not limited to) injunctive relief.
Further, upon a determination that a defendant has violated a
CELL TOWER
ORDINANCE
NEXT >
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
CHAPTER
THREE
CHAPTER
TWO
3
2
CHAPTER
ONE
4
1
PLANNING DEPT.
WEBSITE
5
Section 76-10. Nonconforming Uses.
(A) No Expansion of Nonconforming Use. All Sites that are
constructed, & antennas that are installed, in accordance with the
provisions of this ordinance, shall not be deemed to constitute
the expansion of a nonconforming use or structure.
(B) Preexisting Cell Sites. Preexisting Cell Sites shall be allowed to
continue their usage as they presently exist. Routine maintenance
(including replacement with a new Cell Site of like construction
& height) shall be permitted on such preexisting Cell Sites. New
construction other than routine maintenance on a preexisting
Cell Site shall comply with the requirements of this ordinance.
(C) Rebuilding Damaged or Destroyed Nonconforming Cell
Sites or Antennas. Notwithstanding Section 76-9, bona fide
nonconforming Cell-Sites or antennas that are damaged or
destroyed less than 50% may be rebuilt without having to first
obtain administrative approval or a special use permit and without
having to meet the separation requirements specified in Section
76-6(B)(4) & 76-6(B)(5). The type, height, & location of the Cell
Site onsite shall be of the same type & intensity as the original
facility approval.
____________________________________________________________________________________________________
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
INDICES
8
TABLE OF
CONTENTS
9
FRONT
PAGE
10
duty or requirement of this subsection, the Court shall award
reasonable attorneys’ fees & costs to the City, including fees &
costs incurred by the City on appeal.
(3) Upon directive by the City Manager, the City may withhold
from any person or entity in violation of this subsection all future
development permits and otherwise may refrain from processing
any applications by the violator for approval of any zoning
changes, special exceptions, variances, site plans, subdivision
plans, plats, developments of regional impact, substantial
deviations from DRI development orders, substantial changes
to planned developments right of way utilization permits, building
permits, cable television franchises (or renewals thereof or
amendments thereto), or any other City regulatory permits or
approvals.
(4) The City may remove the Cell Site using the funds or
surety bonds, if any, deposited under Section 76-3(E) by the
responsible parties & thereafter initiate judicial proceedings
against the responsible parties for any portion of the cost
not covered by the deposited funds or surety bonds. If the
responsible parties include the owner of the land on which
the abandoned Cell Site is or was located, such portion of the
cost shall be assessed against the land, & the City may file
a lien thereon. The lien of the assessment shall bear interest
& shall have priority & be collectable at the same rate and in
like manner as provided under Florida law & the City Code for
special assessments.
____________________________________________________________________________________________________
Building permits to rebuild the facility shall comply with the then
applicable building codes & shall be obtained within (90) days from
the date the facility is damaged or destroyed. If no permit is obtained
or if said permit expires, the Cell Site or antenna shall be deemed
abandoned
as specified in Section 76-9.
____________________________________________________________________________________________________
Section 76-11. Severability. The various parts, sections & clauses
of this Ordinance are hereby declared to be severable. If any part,
sentence, paragraph, section or clause is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of the
Ordinance
shall not be affected thereby.
____________________________________________________________________________________________________
CELL TOWER
ORDINANCE
Section 76-13. Effective Date. This Ordinance shall take effect
2-24-99.
NEXT >
Section 76-12. Repealer. Any ordinance or parts thereof in conflict
with the provisions of this Ordinance are hereby repealed to the
extent
of such conflict.
____________________________________________________________________________________________________
< PREVIOUS
178
CHAPTER
THREE
3
CHAPTER
TWO
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
CHAPTER
FOUR
4
2
1
PLANNING DEPT.
WEBSITE
5
FUTURE LAND
USE MAP - 2011
6
CELL TOWER
ORDINANCE
7
ATTESTED:
/s/ John B. Lynch, City Manager-Clerk
INDICES
8
CITY OF LYNN HAVEN, FLORIDA, a Municipal Corporation.
/s/ Walter T. Kelley, Mayor
TABLE OF
CONTENTS
9
CHAPTER
ONE
10
FRONT
PAGE
PASSED, APPROVED & ADOPTED at the regular meeting of the
City Commission of Lynn Haven, Florida, this 24th day of February,
1998.
CELL TOWER
ORDINANCE
NEXT >
< PREVIOUS
179
CHAPTER
TEN
CHAPTER
NINE
CHAPTER
EIGHT
CHAPTER
SEVEN
CHAPTER
SIX
CHAPTER
FIVE
5
CHAPTER
FOUR
4
CHAPTER
THREE
3
CHAPTER
TWO
2
1
< PREVIOUS
180
FRONT
PAGE
PLANNING DEPT.
WEBSITE
6
FUTURE LAND
USE MAP - 2011
7
CELL TOWER
ORDINANCE
8
Not available at this time.
INDICES
9
TABLE OF
CONTENTS
10
CHAPTER
ONE
INDICES
INDICES
NEXT >
HOME
Marina Bay Dr
Oa
Fay Dr
kK
l Rd
nol
Bay Breeze Dr
CITY OF LYNN HAVEN
BAY COUNTY, FL
ADOPTED
FUTURE LAND USE MAP
2011
Cashel M
Little Dirt Rd
ara Dr
Harlan Shope Rd
Hi
gh
wa
y2
32
FLUM - Designation
W 1st St
W 2nd St
Ln
w
illo
ke
Mt H
Margaret Cir
College Blvd
Harvard Blvd
Radcliff Ave
Tech Dr
w Ter
Pierson Dr
owvie
Mead
Huntington Ridge Rd
Graham Ln
Allie Ln
ve
A
e
in
L
y
Bylsma Cir
Ba
NOTE: CONSERVATION LAND USE ALONG
BAY IS AT LEAST 30 FEET IN DEPTH
FROM THE MEAN HIGH WATER MARK.
Richardson Rd
34th
E 39th St
e
rF
Pipe Dr
Maynard Dr
E 39th St
Dr
ADOPTED
FUTURE LAND USE MAP
2011
St
AS AMENDED THROUGH JULY, 2011
le
d
an
Ch
±
Quick Ln
ing
Av
e
Pipeline Rd
on
ag
Green Tree Pl
dW
t
oa
yD
wn
Dr
m
m
Ta
A St
Re
Ormond Ave
dT
ail
S
Br
Country Lake Dr
Amanda Cir
B St
E Orlando Rd
Altha Ave
ie S
t
St
tlin
Lin
Cai
0.5
0.75
1
St
ad Blvd
F St
Transmitter Rd
Arden Ave
Debra Blvd
Glenview Ave
Sequoia Ave
Cocoa Ave
Marlboro Ave
Wakulla Ave
f
La
Altha Ave
Hyde Ave
N East Ave
Headland Ave
Sarasota Ave
Selma Ave
tte
e
ay
Rd
E Baldwin Rd
Whitehe
ds
ey
C St
0 0.1250.25
Jos
Sarasota Ct
Colte
H
r St
y Ln
Hale
a
w
igh
ore S
t
Alva Thomas Rd
Ashm
1
3
y2
G St
Bradenton Ave
Azalea Way
Evelyn Ave
WATER
Albert Way
Mill Bayou Rd
Ln
Gaines St
fly
Camryns Xing
Wood St
Hiland Dr
Canal St
PARCELS
a
Sarasota Pl
Alamo St
Canal Ave
Pipeline Rd
Recreation Dr
er
La Mesa Ave
Clearview Ave
Brannon Rd
Hilltop Ln
Willow Hill Rd
Garrison Rd
E 43rd St
Happy Trl
Orchard Wood Rd
Long St
r
Ci
ew
Brookins Rd
Bartow Ave
ROADS
Barber St
d
W Orlando Rd
77_CORRIDOR
Ferris St
Cato Rd
Santa Anita Dr
Blue Grass Ln
Belmont Blvd
Saratoga Pl
Carla Ln
Aberdeen Loop
Highway 389
Rd
Waterford Dr
Willow Way
Derby Woods Dr
Britton Rd
aii A
ve
Haw
Thurso Rd
Inverness Rd
ss
Grady St
ll R
Ro
s
Willow Ridge Rd
Kirkwell Ave
Syracuse Ave
Indian Springs Rd
Hi
oo
d
Cherry Ridge Rd
Hall Ave
Wilson Ave
Harrison Ave
Woodmere Dr
Highway 77
Pineridge Dr
Fairmont Dr
Briarcliff Rd
Malone Dr
LH_CRA
Corbin Rd
Inv
Brookins Rd
E 34th Pl
Azalea Ct
Haney Technical
W Orlando Rd
Ta
Sh
Bay Tree Rd
Alamo St
E Baldwin Rd
Oak Forest Dr
ne
Sutherland Ct
l
orne P
Hawth
Wilson Ave
State Ave
Florida Ave
t
il C
sa
Overlay District
Mc Call Rd
Wakulla Ave
Rosemont Dr
Camelot Cir
Fox Ridge Rd
E Highway 390
Hillcrest Dr
S
Talon Ct
Token Rd
0
way 39
W High
Wood Valley Rd
LH_CITY_LIMITS
r
r St
Foxmoor Ln
Jenks Cir
D
ley
Meadow St
nt
1911_PLAT
Grants Mill D
nn
s
Mo
Cir
Floridian Pl
Briarwood Pl
Brooke Ln
Bay Haven
r
Dolphin Rd
Raintree Pl
MILL BAYOU TND
E 39th Plz
t
or
Marin Dr
E Pierson Dr
W Pierson Dr
Paton Ln
Macdonald Dr
N Haven Cir
Alaska Ave
Texas Ave
Glencoe Dr
Rhett Pl
ll Ct
Argy
E Pine Forest Dr
Kirkwell Ave
E 40th Ct
E 37th Plz
E 34th St
olyo
W
Delaware Ave
Texas Ave
Wyoming Ave
Colorado Ave
Mississippi Ave
Louisiana Ave
Arkansas Ave
Scarlett Blvd
Illinois Ave
Kimberly Dr
E 40th Pl
ea
Oakwood Dr
Longwood Cir
E 40th Plz
Heath-strasse
Pl
W 33rd Pl
Token Rd
E 24th St
Peyton Way
W 34th Ct
Dr
Coronado Pl
Harrie
W 34th Pl
Landings Dr
E 39th St
lea
Jackson Way
Lakeridge Dr
dow
RECREATION
Picadilly Ln
E 26th St
Osprey Cir
Mea
Camryns Ct
Aza
d
tR
or
rp
Ai
Stanford Rd
Carrie Ln
PUBLIC
Gaines St
Hawks Landing Blvd
Saint Andrews Blvd
Lawton Ct
Lori Ln
MOBILE HOME PARK
E 43rd St
E 37th St
W Baldwin Rd
Lanny Ln
Ct
E 25th St
Krystal Ln
Caithness Ln
Pic
tto
Palme
ke
rel
C
Jenks Ave
t
W 26th St
Cottonwood Cir
Havenwood Ct
Ashlee Way
W 39th St
Liddon Pl
S Highway 77
Bradley Cir
Johnson Dr
Alexander Dr
Tuscany Rd
W 28th Pl
Petty Dr
Solano Rd
Pisa Dr
Genoa Cir
Ereno Ct
Enveti Ct
Becora Ct
Bradford Cir
Jason Dr
E 24th St
e Dr
34th Pl
n
Xi
Pentland Rd
Bell Cir
Floyd Dr
Capri Dr
Dundee Ln
b
m
Ti
Mary Louis
Venetian Way
Iowa Ave
Wisconsin Ave
Michigan Ave
d
eR
idg
Moore Dr
s
er
Ct
MIXED USE
Aberdeen Pkwy
tl
e
Sh
g
dr
Mallory Dr
Porter Dr
W
oo
Brently Cir
Napoli Rd
Torino Way
Milano Rd
Calabria Rd
Leeann Cir
Sommer Cir
d
an
Andrews Rd
Candlewick Cir
Candlewick Dr
Sutherland Rd
Blvd
Monty Cir
Iowa Ave
Wisco
nsin A
ve
Illinois Ave
Minnesota Ave
Indiana Ave
Pennsylvania Ave
Ohio Ave
Georgia Ave
Alabama Ave
Georgia Ct
Geralo Ln
Redbird St
W Peachtree Dr
Kristanna Dr
Country Club Ct
Georgia Ave
Georgia Ave
0
39
hw
Hig
W
Missouri Ave
Montana Ave
Wisconsin Ave
Alabama Ave
Virginia Ave
Kentucky Ave
Carolina Ave
Vermont Ave
Massachusetts Ave
Rhode Island Ave
ay
Business Park Dr
Judy Cir
Shamrock Ln
Echo Ln
Erno St
LOW DENSITY RES
12th St
Bay
Pond Ln
Christopher St
r
Fe
rest Dr
Fox Run
riar
Cindy Ln
Sparrow St
E 9th St
n
L
ol
Brook Fo
Wildridge Rd
Tammy St
Lynnwood Ln
MOWAT MIDDLE SCHOOL
E 14th Ct
E Amy St
Mowat School Rd
W 19th Ct
Pattho Ln
Goose Bayou Rd
Vista Ln
Virginia Ave
Connecticut Ave
Connecticut Ave
New Jersey Ave
New Jersey Ave
eC
Bowman Ln
E 15th St
E 19th St
HIGH DENSITY RES
MEDIUM DENSITY RES
E 12th St
Rita St
Ct
or
ir
Misty Ln
Tennessee Ave
Carolina Ave
Maryland Ave
Sh
enb
Pinetree Ln
W 18th St
W 19th St
N
E 18th St
W 18th St
Gre
Bingoose Ln
W 18th St
E 17th St
Chelsea Ln
Ap Davis Dr
E 13th Plz
E 16th St
W 17th St
E 10th Ct
E 13th St
nzie
Vista Ln
W 18th St
W 17th St
W 16th St
Wateroak Dr
cke
Pinetree Rd
Seagull Ln
W 17th St
E 9th St
Ma
Schooner Ln
Sandy Ln
W 17th St
W 15th St
E 14th St
t
Ter
r
Maine Ave
dD
New Hampshire Ave
oo
Ln
N Shore Rd
set
Dr
E 13th St
st S
view
Sun
d
yw
E 11th St
INDUSTRIAL
rl
fT
uf
Ba
E 9th St
E 10th St
E 12th St
W 14th St
W 16th St
E 11th St
hur
Bl
oo
E 10th St
E 9th St
Am
u
iftw
W 10th St
W 13th St
W 15th St
Sydney Ln
E 8th St
E 9th St
CONSERVATION
Emory St
Lob Lolly Ln
W 9th St
W 12th St
Trinity St
Lake
Dr
E 8th St
W 11th St
W 13th St
W 16th St
E 7th St
Judson St
yo
Beachcomber Dr
E 6th St
W 8th St
W 12th St
Ln
Judson St
RESEARCH PARK
DEVELOPMENT OF THIS 950-ACRE PARCEL
SHALL BE SUBJECT TO FLUE POLICY 3-2,
MILL BAYOU TND LAND USE CATEGORY
Ba
Maryland Ave
N Harbour Dr
E 5th St
Kay
W 7th St
W 11th St
N Shore Rd
Coral Dr
E 4th St
Sewanee St
t
r
W 4th St
NEIGHBORHOOD COMM
Washington St
E 3rd St
W 5th St
W 8th Cir
ur D
W 3rd St
ay C
NB
Kentucky Ave
Missouri Ave
W 4th St
Lee St
E 2nd St
New York Ave
W 3rd St
W 6th St
Sallie Mae Dr
Country Club Dr
COMMERCIAL
Dr
W 2nd St
W 4th St
Arth
r
ay D
B
North
Florida Ave
Montana Ave
Carolina Ave
Highway 77
1
Miles
D St
T St
E Baldwin Rd
Eagle Ln
E Orlando Rd
Bay County GIS Division, March 2010, fy05\LH\Maps\LH_FLU_22x34.mxd dac
This GIS data is not a legal representation of the features depicted;
any assumption of the legal status of this data is hereby disclaimed.

Unified Land Development Code

Transcription

Similar documents

Scanned Document - Covenant Health

Ref: SB0160 Sun and Mountains Near the Sea, Busot Alicante

Ah-Nab-Awen Park - City of Grand Rapids

Directions to UCSD Extension K-12 Facility Located at: 6256

BRP Flyer - III_13-ENG.indd

2001 4118 Dawson Street, Burnaby

Flämingstrasse

AA Map - Mother`s Day 5K

Schottenstein Center

Unit 413, 121 Woodbridge Ave, Vaughan L4L