§ 5.2.4. ESOZ development standards.

A.

Waterfront Setback. Setbacks on lots, parcels or tracts which have water frontage shall be 75 feet from the wetlands line or from the water boundary setback line, whichever is greater. The Board of Adjustment may grant a variance from this setback provision where the required setback renders an existing lot of record unbuildable for a single family residence or addition to a nonconforming single family residence.

B.

Tract Width. New waterfront lots shall have a minimum tract width of 125 feet and shall meet the buffer zone requirements.

C.

Sewage Disposal Systems. Septic tanks and leachfields shall not be allowed in the area between the structure and the water boundary setback line or the wetlands line, whichever is greater. All new septic tanks and drainfields shall be located in the side yard or the street side (rear or back yard) of all structures. In the event there is a conflict between the location of existing wells on adjacent properties and the proposed septic tank and leachfield location, the septic tank and leachfield shall be located in accordance with the requirements of the State of Florida Department of Health. In this case the burden of proof is on the applicant to prove that the waterfront area is the only location or that the property may otherwise be an unbuildable lot.

D.

Front Yard Buffer Zone.

(1)

A vegetative buffer area shall extend 50 feet landward from wetlands line or 50 feet from the water boundary setback line, whichever provides the greater buffer. Existing vegetation within this buffer area shall be preserved or mitigated as approved by DRC.

(2)

Those parcels within the ESOZ that are governed by an Aquatic Preserve Management Plan must obtain all required permits prior to any littoral zone vegetation removal.

E.

Protection of littoral zone vegetation.

Required aquatic vegetation removal permits must be obtained from the appropriate state jurisdictional agency prior to any vegetation removal or if non-mechanical/chemical removal methods are to be utilized within the littoral zone.

F.

One percent (100-year) flood plain requirements.

(1)

This section provides requirements for all land use activities, including single family residences, which materially change the location, elevation, size, capacity, or hydraulic characteristics of the existing one percent (100-year) flood plain as identified by FEMA. The intent is to ensure that equivalent flood plain volume and conveyance is maintained. This section also supplements Division 5.3 Flood Plain Overlay Zone.

(2)

Land use activities which materially change the flood plain may be permitted when calculations performed by a licensed professional are provided demonstrating that compensating storage or other hydraulic features or improvements are provided on the owner's property or within an easement. The calculations shall be reviewed and approved by the County Engineer or his designee.

(3)

Land use activities that do not meet the thresholds for a stormwater analysis shall minimally be required to demonstrate one-for-one compensating storage, to be reviewed and approved by the County Engineer or his designee.

(4)

When proposed improvements encroach into a flood hazard zone, additional design storm criteria may be required based on the parameters utilized in the adopted FEMA FIRM. In some cases it may be necessary for the applicant to obtain a map amendment from FEMA.

(5)

No sewage effluent disposal shall be permitted within the one percent (100-year) flood plain.

(6)

Densities within the one percent (100-year) flood plain shall not exceed one dwelling unit per acre.

(7)

Clearing of vegetation shall be limited to those areas which maintain a 50-foot setback from all wetlands line, does not contain listed wildlife or plant species or important habitat for listed species, and provides a stormwater management system which mimics and uses the features and functions of natural drainage systems.

G.

Accessory Uses and Structures.

(1)

No accessory use or structure may be located in the minimum required front yard setback except for such as but not limited to boat docks, boat houses, boat davits and lifts, and bulkheads and other erosion control devices, or any uses or structures allowed by FDEP.

(2)

In residential classifications, no other accessory uses or structures shall be located in a front yard setback except for wells, landscaping or architectural features such as gazebos (of no more than 400 SF), planters, flagpoles and statuary, provided all side setbacks are observed.

(3)

Pools and screen pool enclosures may be located in the front yard provided all setbacks are observed.

(4)

Accessory uses and structures shall be located within rear and side yards provided all setbacks are observed.

(5)

Accessory structures may not exceed two stories or 24 feet in height.

(Ord. No. 13-20, § 2, 7-11-2013)