§ 10-4.323. Special development standards for environmentally sensitive zones.  


Latest version.
  • (a)

    Special development standards designation. The Board of County Commissioners may designate special development standards for environmentally sensitive zones adjacent to watercourses or receiving water bodies and in other environmentally sensitive areas within any watershed where additional or more stringent minimum design and development standards shall apply. Design and development standards shall be established to minimize the adverse environmental impacts associated with both the extent of development activity and the type of land uses permitted within or adjacent to sensitive environmental features such as watercourses, water bodies, wetlands, and areas subject to periodic flooding.

    (b)

    Lake Jackson special development zone. Special development zones adjacent to Lake Jackson are hereby designated within which the following minimum design and development standards shall apply, notwithstanding any less restrictive provisions in any state law or regulation or local ordinance:

    (1)

    Zone A. Wetland and floodplain ecotone, from elevation 89 feet NGVD or the water's edge, whichever provides the greater area of protection, to 100 feet NGVD:

    a.

    Development area limitations.

    1.

    Clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or five percent of that part of the development site located within zone A above 89 feet NGVD, hereafter referred to as the base square footage. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included and gravel driveways kept on grade will be considered as 50 percent disturbed.

    2.

    No cut and fill and no fill except as necessary and specifically authorized for permitted impervious areas.

    3.

    No structures at or below elevation 96.5 feet NGVD, unless specifically approved based on compliance with the provisions of section 10-4.503, or unless approved for a previously platted lot or lot of record existing on January 15, 1990, when used for single-family residential use. Single-family residential use includes accessory structures such as pools, tennis courts, storage sheds, and gazebos which are customarily incidental and subordinate to the single-family dwelling.

    4.

    Reasonable minimum clearing for docks and access to these docks accessory to a single-family use may be permitted as an exception when constructed in accordance with state and local permit criteria.

    b.

    On-site sewage disposal system standards shall be in compliance with Chapter 18 of this Code.

    1.

    Minimum lot size of one acre, net usable land, exclusive of all paved areas, public rights-of-way, and prepared road beds within easements, and exclusive of streams, lakes, drainage ditches, marshes, or other such bodies of water, and wetlands as determined by the State Department of Environmental Protection or the county administrator or designee.

    2.

    No portion of any on-site sewage disposal system shall be located within 75 feet upland of elevation 89 feet NGVD, within 75 feet of any water body or watercourse or the jurisdictional limit of a wetland as determined by the State Department of Environmental Protection or the county administrator or designee, or within any 100-year floodplain area.

    3.

    An existing, previously platted, lot or lot of record existing on January 15, 1990, when used for single-family residential use, shall be exempt from the standards of this subsection (b)(1)b. but shall comply with all other applicable laws, ordinances and regulations relating to septic tanks. Existing septic tanks may be replaced by the same size or larger units as required by other applicable laws, ordinances, and regulations relating to septic tanks, except where sanitary sewer is available.

    c.

    Natural vegetation protection zone. All vegetation shall be protected in a natural state from the water's edge or the normal high water line, whichever provides the greater area of protection, to a minimum distance of 50 feet upland from elevation 89 feet NGVD, except that established lawns existing on developed single-family lots prior to January 15, 1990, may continue to be maintained. Annual (or less frequent) cutting of woody plants and controlled burning within the natural vegetation protection zone is allowed, as well as selective removal of species which are intrusive to the native species, and planting of native species, such as to improve the environmental function of the area.

    d.

    Motor vehicle prohibition. Automobiles, motorcycles, dune buggies, or other wheeled motorized or tracked vehicles shall not be allowed within any portion of zone A, including any portion of lake bottom periodically exposed as a result of natural or artificial drawdown, except as follows:

    1.

    Entry shall be allowed into those areas which must be entered to provide reasonable access to structures, to approved boat launching areas, to public parks, to approved rights-of-way, or to public roadways.

    2.

    Lawn mowers shall be allowed in areas within zone A which lie landward of the natural vegetation zone, and within the latter zone if permitted pursuant to subsection (b)(1)c., unless otherwise prohibited by this article.

    3.

    Entry shall be allowed where associated with bona fide public uses, such as agency research, law enforcement, and approved lake restoration and management activities.

    (2)

    Zone B. Transitional ecotone, from elevation 100 feet to 110 feet NGVD:

    a.

    Development area limitations. A minimum of 50 percent of the area of each site within zone B shall remain natural and unaltered.

    (3)

    Regional stormwater facilities may be located within the Lake Jackson Special Development Zones and the lake's undisturbed 100-year floodplains, wetlands and native forest for the purpose of addressing existing stormwater problems provided the following criteria are met:

    a.

    All other reasonable options have been considered, and there is no other location that can be utilized given the stormwater flow patterns.

    b.

    The stormwater facility is designed to retrofit an existing stormwater problem.

    c.

    The stormwater facility must be initiated by the local government and shall demonstrate a net benefit in water quality which offsets the loss of the 100-year floodplain, wetlands, and native forest.

    d.

    This retrofit option is only available if the lake has an adopted retrofit plan.

    (4)

    Lake protection area. An area based on the Lake Jackson basin boundary, adjusted to primarily include undeveloped areas and existing less intensely developed areas, as specified in the Tallahassee-Leon County Comprehensive Plan, land use element, and related overlays included therein:

    a.

    Upon presentation of competent technical evidence that a proposed development site within the lake preservation area lies within a closed basin which does not naturally or artificially discharge to the Lake Jackson basin, such development site shall not be subject to the limitations of the Lake Jackson area special development zone, provided that the following conditions are met:

    1.

    The closed basin must be certified by a qualified professional to the effect that there are no artificial or natural discharges from it.

    2.

    Increases in the post-development stormwater runoff above the pre-development volumes shall be either retained on-site or filtered through an approved regional stormwater management facility.

    3.

    All other applicable development standards outlined within the Tallahassee-Leon County Comprehensive Plan, matrix, and this article, are met, including special requirements and restrictions specified for the particular zone if the development site is located within zone A or B.

    (5)

    Prohibited land uses. See section 10-6.707.

    (c)

    Bradford Brook Chain-of-Lakes special development zones. Special development zones adjacent to the Bradford Brook Chain-of-Lakes, including Lakes Cascade, Hiawatha, Bradford and Grassy, are hereby designated within which the following minimum design and development standards shall apply, notwithstanding any less restrictive provisions in any state law or regulation or local ordinance:

    (1)

    Zone A. Wetland and floodplain ecotone, from elevation 35 feet NGVD or the water's edge, whichever provides the greater area of protection, to elevation 40 feet NGVD:

    a.

    Development area limitations.

    1.

    Clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or five percent of that part of the development site located within zone A, hereafter referred to as the base square footage. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included and gravel driveways kept on grade will be considered as 50 percent disturbed.

    2.

    No cut and fill and no fill except as necessary and specifically authorized for permitted impervious areas.

    b.

    Natural vegetation protection zone. All vegetation shall be protected in a natural state from the water's edge or the normal high water line, whichever provides the greater area of protection, to a minimum distance of 50 feet upland from elevation 35 feet NGVD, except that established lawns existing on developed single-family lots prior to January 15, 1990, may continue to be maintained. Annual (or less frequent) cutting of woody plants and controlled burning within the natural vegetation protection zone is allowed, as well as selective removal of species which are intrusive to the native species, so as to improve the environmental function of the area.

    c.

    Motor vehicle prohibition. Automobiles, motorcycles, dune buggies, or other wheeled motorized vehicles and tracked vehicles shall not be allowed within any portion of zone A, including any portion of lake bottom periodically exposed as a result of natural or artificial drawdown, except as follows:

    1.

    Entry shall be allowed into those areas which must be entered to provide reasonable access to structures, to approved boat launching areas, to public parks, to approved rights-of-way, or to public roadways.

    2.

    Lawn mowers shall be allowed in areas within zone A which lie landward of the natural vegetation zone, and within the latter zone if permitted pursuant to subsection (c)(1)b., unless otherwise prohibited by this article.

    3.

    Entry shall be allowed where associated with bona fide public uses, such as agency research, law enforcement, and approved lake restoration and management activities.

    (2)

    Zone B. Transitional ecotone, from elevation 40 feet NGVD to elevation 60 feet NGVD:

    a.

    Development area limitations. A minimum of 50 percent of the area of each site within zone B shall remain natural and unaltered.

    (3)

    Prohibited land uses. See section 10-6.707.

    (d)

    Fred George Basin special development zone. A special development zone surrounding the Fred George Basin is hereby designated within which the following minimum design and development standards shall apply, notwithstanding any less restrictive provisions in any state law or regulation or local ordinance:

    (1)

    Development area limitations. A minimum of 75 percent of the area at and below the elevation of 104 feet NGVD of each site within the zone shall remain natural and unaltered.

    (2)

    Floor elevation. No finished floor elevation shall be lower than 106 feet NGVD.

    (3)

    Stormwater volume. Notwithstanding any less restrictive requirement in this article for other areas, all future development, excluding an individual single-family unit on an existing lot, shall retain the volume increase in stormwater runoff for up to and including a 100-year, 24-hour duration storm.

    (4)

    Prohibited land uses. See section 10-6.707.

    (e)

    Lake Iamonia special development zones. Special development zones adjacent to Lake Iamonia are hereby designated within which the following minimum design and development standards shall apply, notwithstanding any less restrictive provisions in any state law or regulation or local ordinance:

    (1)

    Zone A. Wetland and floodplain ecotone, up through and including elevation 110 feet NGVD:

    a.

    Development area limitations. Clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or five percent of that part of the development site located in zone A, hereafter referred to as the base square footage. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included and gravel driveways kept on grade will be considered as 50 percent disturbed.

    b.

    Floor elevation. No finished floor at or below elevation 110 feet NGVD.

    c.

    Natural vegetation protection zone. All vegetation shall be protected in a natural state from the water's edge or the normal water line, whichever provides the greater area of protection, to a minimum distance of 50 feet upland, except that established lawns existing on developed single-family lots prior to January 15, 1990, may continue to be maintained. Annual (or less frequent) burning within the natural vegetation protection zone is allowed, as well as selective removal of species which are intrusive to the native species, so as to improve the environmental function of the area.

    d.

    Motor vehicle prohibition. Automobiles, motorcycles, dune buggies, or other wheeled motorized vehicles and tracked vehicles shall not be allowed within any portion of zone A, including any portion of lake bottom periodically exposed as a result of natural or artificial drawdown, except as follows:

    1.

    Entry shall be allowed into those areas which must be entered to provide reasonable access to structures, to approved boat launching areas, to public parks, to approved rights-of-way, or to public roadways.

    2.

    Lawn mowers shall be allowed in areas within zone A which lie landward of the natural vegetation zone, and within the latter zone if permitted pursuant to subsection (e)(1)c., unless otherwise prohibited by this article.

    3.

    Entry shall be allowed where associated with bona fide public uses, such as agency research, law enforcement, and approved lake restoration and management activities.

    (2)

    Zone B. Transitional ecotone, from elevation 110 to elevation 120 NGVD:

    a.

    Development area limitations. A minimum of 50 percent of each site within zone B shall remain natural and unaltered.

    (3)

    Prohibited land uses. See section 10-6.707.

    (f)

    Lake McBride special development zone. A special development zone adjacent to Lake McBride and its tributaries is hereby designated within which the following minimum design and development standards shall apply, notwithstanding any provisions in any state law or regulation or other local ordinance:

    (1)

    Zone A. The 100-year floodplain around the lake and its tributaries, plus a 50-foot buffer adjacent to watercourses and water bodies, plus regions of greater than ten percent slope and soil erosion K factor greater than 0.2 contiguous with and not extending more than 200 feet upland of the 100-year floodplain boundary.

    a.

    Development area limitations.

    1.

    Development, as defined by [sections] 10-1.101 and 10-4.102 is excluded from zone A, except as specifically permitted by subsection 10-4.323(f)(1)a.2., below.

    2.

    For previously platted residential lots or residentially zoned lots of record entirely within, or where more than 25 percent of the area of such lot is within, zone A, clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or five percent of that part of the development site located within zone A hereafter referred to as the base square footage. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included and only 50 percent of gravel driveways kept on grade will be included.

    3.

    No cut and fill and no fill except as necessary and specifically authorized by a grading and filling permit for permitted impervious areas.

    b.

    Natural vegetation protection zone. All vegetation located in the following area shall be protected in a natural state: The area from the water's edge or the normal high water line, whichever provides the greater area of protection, to a minimum distance of 50 feet upland or the full extent of the flood zone, whichever is greater, except that a single path with a maximum width of 30 feet, may be cleared and maintained to provide essential access to the water and any permitted dock. Noxious or invasive vegetation listed on the Florida Exotic Pest Plant Council's List of Invasive Species or its successor publication, may be removed pursuant to a vegetative management plan which is to be submitted to and approved by the county administrator or designee. Annual (or less frequent) cutting of woody plants, controlled burning, and planting or native species, such as to improve the environmental function of the area, is allowed pursuant to a vegetation management plan which is to be submitted to and approved by the county administrator or designee.

    c.

    Motor vehicle prohibition. Automobiles, motorcycles, dune buggies, or other wheeled motorized or tracked vehicles shall not be allowed within any portion of zone A, including any portion of lake bottom periodically exposed as a result of natural or artificial drawdown, except as follows:

    1.

    Controlled and limited entry shall be allowed into those areas which must be entered to provide reasonable access to permitted structures, to approved boat launching areas, to public parks, to approved rights-of-way, or to public roadways which shall be authorized by an environmental permit.

    2.

    Lawn mowers shall be allowed in areas within zone A which lie landward of the natural vegetation zone, unless otherwise prohibited by this article.

    3.

    Entry shall be allowed where associated with bona fide public uses, such as agency research, law enforcement, and approved lake restoration and management activities, pursuant to a special access permit.

    (2)

    Zone B. Transitional ecotone, from the upland boundary of the zone A boundary to a buffer extending 200 feet upland from the 100-year floodplain boundary:

    a.

    Development area limitations.

    1.

    Soil disturbance and building areas shall be limited to 50 percent of the area of each site within zone B or ¾ of an acre within zone B, whichever is less. Within this area, the 25 ground cover may be managed, mowed or landscaped.

    (3)

    Allowable land uses. See section 10-6.707.

    (g)

    Lake Lafayette special development zone. Special development zones adjacent to Lake Lafayette are hereby designated. The following minimum design and development standards shall apply, notwithstanding any less restrictive provisions in any state law or regulation or local ordinance:

    (1)

    Zone A. Zone A includes the 100-year floodplain around Lake Lafayette.

    a.

    Development area limitations.

    1.

    Clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or five percent of that part of the development site located within zone A. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included, and gravel driveways kept on grade will be considered as 50 percent disturbed.

    2.

    No cut and fill and no fill except as necessary and specifically authorized for permitted impervious areas.

    3.

    Reasonable minimum clearing for docks and access to these docks accessory to a single-family use may be permitted as an exception when constructed in accordance with state and local permit criteria.

    b.

    Natural vegetation protection zone. All vegetation located in the following area shall be protected in a natural state; the area from the water's edge or the normal high water line, whichever provides the greater area of protection, to a minimum distance of 50 feet upland or the full extent of the flood zone, whichever is greater, except that a single path with a maximum width of 30 feet, may be cleared and maintained to provide essential access to the water and any permitted dock. Noxious or invasive vegetation listed on the Florida Exotic Pest Plant Council's List of Invasive Species or its successor publication, may be removed pursuant to a vegetation management plan which is to be submitted to and approved by the county administrator or designee. Annual (or less frequent) cutting of woody plants, controlled burning, and planting of native species, such as to improve the environmental function of the area, is allowed pursuant to a vegetation management plan which is to be submitted to and approved by the county administrator or designee.

    c.

    Motor vehicle prohibition. Automobiles, motorcycles, dune buggies, or other wheeled motorized or tracked vehicles shall not be allowed within any portion of zone A, including any portion of lake bottom periodically exposed as a result of natural or artificial drawdown, except as follows:

    1.

    Entry shall be allowed into those areas which must be entered to provide reasonable access to structures, to approved boat launching areas, to public parks, to approved rights-of-way, or to public roadways.

    2.

    Lawn mowers shall be allowed in areas within zone A which lie landward of the natural vegetation zone, unless otherwise prohibited by this article.

    3.

    Entry shall be allowed where associated with bona fide public uses, such as agency research, law enforcement, and approved lake restoration and management activities.

    (2)

    Zone B. Zone B includes a distance extending 200 feet upland from the 100-year floodplain boundary of Lake Lafayette.

    a.

    Development area limitations.

    1.

    Clearing, soil disturbance, and building area shall not exceed the greater of 4,000 square feet or 25 percent of that part of the development site located within zone B. For purposes of calculating this base square footage, the septic tank and drainfield area shall not be included, and gravel driveways kept on grade will be considered as 50 percent disturbed. For a lot that has both zone A and zone B, the 4,000 square foot minimum shall only be applicable once per lot.

    2.

    If more than 25 percent of the area within zone B is proposed to be altered, water quality treatment shall be provided by taking ¾ of an inch over the total drainage area discharging to the stormwater facility and retaining it in an off-line retention facility. The full treatment volume shall again be available within 72 hours following a storm event. Appropriate on-site soils tests shall be submitted to verify the recovery rate.

    b.

    Established lawns existing on developed lots prior to the adoption of this Code may continue to be maintained.

    (3)

    Variances. To the extent that a variance, if granted, would not be inconsistent with any provision of the Comprehensive Plan, the county administrator or designee shall serve as hearing officer and is hereby authorized to grant variances to subsection 10-4.323(g)(2) for single-family residential lots.

    a.

    Criteria. Applications for variances under this subsection may only be approved when:

    1.

    The disturbance is limited to zone B upland from zone A, and

    2.

    Technical evidence based on slopes, soil erodability, isolation from the regional drainage system or other scientific data reasonably supports the conclusion that no significant adverse environmental impacts will result from the granting of the variance, and

    3.

    Literal enforcement of the requirements would result in an unnecessary and undue hardship not resulting from the actions of the property owners, and

    4.

    Granting of the variance will not impair the attainment of the objectives of this article.

    b.

    There shall be no variance fee for single-family residential lot variance requests under this section.

    c.

    Any applicant may request further review by the board of adjustment and appeals any decision made on the variance request by the county administrator or designee. Said further review shall be a de novo proceeding.

    d.

    Variances for non-single-family residential lots shall follow the criteria in subsection 10-4.323(g)(3)a. above and the procedures in section 10-4.503, variances.

    (4)

    The natural area requirements are defined in section 10-4.345.

    (5)

    The provisions in subsections 10-4.323(g)(1) (zone A) and (2) (zone B) shall not apply to expansions of pre-existing public roads if the applicant satisfactorily demonstrates that all practical alternatives have been evaluated and the road expansion cannot practically be completed due to these provisions.

    (6)

    The provisions in subsections 10-4.323(g)(1) (zone A) and (2) (zone B) shall not apply to those portions of a parcel where activities such as farming and silviculture have been ongoing at the time that these provisions were adopted, provided that the land parcel possessed a bonafide agricultural exemption as substantiated by the records of the tax appraiser's office.

    (7)

    Prohibited land uses. See section 10-6.707.

    (h)

    Transfer of development intensity and density. Unless otherwise specified for a particular zone, development density for building areas, in terms of permitted coverage with impervious surfaces and multifamily density, as specified for special development zones, may be transferred from any lower to any higher elevations within the same property or contiguous to the same property and within the same ownership, provided such development is a cluster plan development, PUD or site and development plan development and is approved through the appropriate review process established by this Code.

    (i)

    Special development zones maps. Maps generally depicting special development zones are on file in the Tallahassee-Leon County Planning Department and the county Community Development Department and are by reference made a part hereof. Should any discrepancy or dispute arise with regard to the location of any parcel or any existing or proposed improvements thereon, relative to special development zones as mapped, the applicant may provide a survey performed by a registered land surveyor to clarify the exact location of his parcel and any existing or proposed improvements relative to the special development zone. Such discrepancy shall be resolved by the county administrator or the administrator's designee.

(Ord. No. 07-20, § 2, 7-10-07; Ord. No. 09-23, § 12, 7-14-09)