This Code shall be entitled the "Land Development Code" and may be hereafter referred to as the "Cedar Key Code" or the "Code."

This Code is enacted pursuant to the requirements and authority of F.S. § 163.3202, (Local Government Comprehensive Planning and Land Development Regulation Act), the general powers in F.S. ch. 166 Municipality Laws of Florida 69-929 (City Charters), and City Ordinance 242 (Comprehensive Plan).

All prior zoning ordinances and zoning maps heretofore adopted by the City of Cedar Key, Florida, are hereby repealed and rescinded.

This Land Development Code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of Levy County, Florida.

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

These regulations shall be effective upon adoption.

Except as specifically provided below, this Code shall apply to all development in the City, and no development shall be undertaken without prior authorizations pursuant to this Code.

The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued development order or permit that has not expired at the time this Code is adopted, and on which development has started or does start and proceeds according to the time limits under which the development was originally approved and which meets the requirements of the regulations in effect and any conditions applied when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or any amendments thereto.

Nothing in this section shall be construed to authorize development that is inconsistent with the adopted City Comprehensive Plan.

(History: Ord. No. 242)

Florida Statute cg. 163 requires each Florida local government to enact a single land development code which implements and is consistent with the local Comprehensive Plan, and which contains all land development regulations for the City.

Controlling the location, design and construction of development within the City is necessary to maintain and improve the quality of life in the City as more fully described below in specific findings related to the various subject areas of this Code.

A.

A single set of administrative procedures for making all land use decisions promotes efficiency, predictability, and citizen participation.

B.

All development proposals should undergo a development review process to assure compliance with the requirements of this Code.

C.

A mandatory pre-application conference requirement enhances communication and understanding between the department and the developer thereby improving the efficiency of the development review process.

D.

All administrative decisions should be supported by a record with written findings to assure accountability and efficient appellate review.

E.

A quick and efficient appeal process should be available for all administrative decisions.

F.

Enforcement of development orders and the provisions of this Code should be through procedures which are efficient, effective and consistent with the Code and procedures established by state law.

A.

The manner of the erection, location and maintenance of signs affects the public health, safety, morals, and welfare of the citizens of the City.

B.

The safety of motorists, cyclists, pedestrians, other users of public streets is affected by the number, size, location, lighting and movement of signs that divert the attention of drivers.

C.

The size and location of signs may, if uncontrolled, constitute an obstacle to effective fire-fighting techniques.

D.

The construction, erection and maintenance of large signs suspended from or placed on top of buildings, walls or other structures may constitute a direct danger to pedestrian and vehicular traffic below, especially during periods of strong winds.

E.

Uncontrolled and unlimited signs may degrade the aesthetic attractiveness of the natural and manmade attributes of the City and thereby undermine the economic value of tourism, visitation and permanent economic growth.

A.

Landscaping and buffering development with trees and other vegetation promotes the health, safety and welfare of the community to such an extent as to justify the retention of trees and native vegetation and to require buffering through landscaping.

B.

Trees, landscaping and native vegetation benefit the City by:

1.

Absorbing carbon dioxide and returning oxygen to the atmosphere;

2.

Precipitating dust and other particulates from the air;

3.

Providing wildlife habitat, particularly for birds which control insects;

4.

Providing soil stabilization which reduces erosion and mitigates flooding

5.

Providing natural filtration and uptake of stormwater runoff;

6.

Providing shade which reduces energy consumption and glare, and making outdoor areas more comfortable during warm weather;

7.

Making the built environment more attractive by adding a variety of color, shape, and pattern and thus increasing community pride and property values;

8.

Providing attractive buffering between incompatible land uses; and

9.

Abating noise.

C.

Because native vegetation is adapted to local diseases, pests, soil and climate, it is more economical and desirable than exotic species which require more pesticide, fertilizer and water, and which may crowd out native species.

D.

Because some trees and vegetation and their locations are more beneficial than others, the public benefits of protection may be obtained without preserving each and every species.

E.

Mangrove trees are especially valuable in stabilizing, building and protecting the shoreline, providing for spawning area breeding grounds for marine organisms and other wildlife, and serving as the basis for most of the estuarine food chains, which are critical to 70 to 90 percent of those marine species considered important to local commercial/recreational uses.

A.

Off-street parking and loading (or unloading) of vehicles promotes the public safety and welfare by reducing traffic congestion.

B.

Well designed off-street parking and loading areas promote the safe and efficient storage, loading and circulation of vehicles.

C.

Allowing the use of porous paving materials and unpaved parking areas whenever possible conserves water and energy, moderates the microclimate, and reduces the expense and hazards of controlling stormwater runoff.

D.

Determination of actual need for parking and phasing to coincide with development impacts may conserve open space and reduce the expense and hazard of controlling stormwater runoff.

A.

Increased stormwater runoff may cause erosion and pollution of ground and surface water with a variety of contaminants such as heavy metals.

B.

Stormwater runoff often contains nutrients, such as phosphorus and nitrogen, which adversely affect flora and fauna by accelerating eutrophication of receiving waters.

C.

Erosion silts up water bodies, decreases their capacity to hold and transport water, interferes with navigation, and damages flora and fauna.

D.

Impervious surfaces increase the volume and rate of stormwater runoff.

E.

Improperly managed stormwater runoff increases the incidence and severity of flooding and endangers property and human life.

F.

Improperly managed stormwater runoff alters the chemistry of estuarian areas and diminishes their biological productivity.

G.

Degradation of ground and surface waters imposes economic costs on the community.

H.

Eighty to 95 percent of the total annual loading of most stormwater pollutants discharged into receiving waters are concentrated in the flush created by the first one inch of rainfall ("first flush"), and carried offsite in the first one-half inch of runoff.

I.

Improperly managed stormwater adversely affects the drainage of off-site property.

A.

Flooding is a natural, recurring phenomenon in the City.

B.

Naturally flood-prone lands serve the following important functions:

1.

They provide natural storage and conveyance of flood waters;

2.

Provide temporary storage or surface waters that moderates flood elevations and the timing, velocity and rate of flood discharges;

3.

Reduce erosion, and filter nutrients, sediments and other pollutants;

4.

Export detritus and other food sources to open water bodies and are vital habitat for fish, birds, wildlife and native plant communities.

C.

Naturally occurring flooding may provide recharge to groundwater and a basic source of flow to surface waters.

D.

The uncontrolled development of flood-prone lands substantially degrades the health, safety and welfare of the City in the following ways:

1.

Owners, residents, guests, customers and employees occupying homes, businesses and other structures located in flood-prone areas are placed at unreasonable risk of personal injury and property damage.

2.

Expensive and dangerous search, rescue and other disaster relief operations may be necessary when developed properties are flooded.

3.

Roads, public facilities, and utilities associated with development may be damaged by flooding at great expense to taxpayers and utility ratepayers.

4.

Flooding of developed properties may lead to demands that government construct expensive and environmentally damaging projects to control flood waters.

5.

Normally flood-free lands are placed at risk of flooding when flood water on natural flood-prone areas are obstructed, diverted, displaced or channelized.

6.

Water quality is degraded, freshwater supply to estuaries is disrupted and habitat is lost.

7.

Property values are lowered and economic activity is disrupted by floods.

A.

Protection of conservation areas described or mapped in the Future Land Use, Conservation and Coastal Management Elements of the Comprehensive Plan promotes the well being of the people of the City as described in the Plan and hereafter.

B.

Wetlands serve the following beneficial functions:

1.

Wetlands provide natural storage and conveyance of flood and tidal waters, and minimize erosion and sedimentation by reducing flood flows and the velocity of flood and tidal waters and wave action.

2.

Coastal wetlands filter and help decompose sediments, nutrients, and other natural and man-made pollutants that would otherwise degrade waters.

3.

Wetlands support commercial and recreational fishing by providing essential nutrients and hatcheries for aquatic life.

4.

Wetlands provide breeding and protective habitats for wildlife.

5.

Wetlands recharge ground and surface waters.

C.

Shorelines serve the following beneficial functions:

1.

Land adjoining waters or wetlands, which can generally be divided into submergent, transitional, and upland vegetation zones, provide essential habitat for many plant and animal species, including those that are endangered, threatened or of special concern.

2.

Submergent, transitional, and upland vegetation zones help slow storm-water runoff flows and increase infiltration of water, nutrients and other substances.

3.

These zones serve as effective buffers against noise and other human activities which may have adverse affects on aquatic and wetland wildlife.

4.

These zones reduce predation by domestic pets on wetland and wetland dependent wildlife.

5.

Development activities have destroyed or impaired the beneficial function of shoreline areas and federal and state regulations do not adequately protect environmentally sensitive lands, making local regulation necessary.

A.

There are unique and irreplaceable historic, archaeological and architectural sites, buildings, structures and objects located in the City.

B.

In recognition of these assets, the City has adopted an Historic Preservation and Conservation Element as part of the Comprehensive Plan.

C.

The Historic Preservation and Conservation Elements of the Plan include a survey of cultural resources adopted as the official inventory of historic and archaeological resources of the City.

D.

The recognition, protection, enhancement and uses of these resources are public purposes promoting the economic, educational, cultural and general welfare of the public by increasing property values, stabilizing neighborhoods and older areas of the City, increasing economic benefits to the City and its inhabitants, enriching human life in its educational and cultural dimensions, and fostering civic pride in the beauty and noble accomplishments of the past.

E.

The City has for many years exerted efforts in an attempt to encourage redevelopment of the older parts of the City and continues to do so.

F.

It is the will of the Florida Legislature as expressed in F.S. ch. 267 that the State's historic sites and properties, buildings, artifacts, treasure troves, and objects of antiquity, which have scientific or historical value, or are of interest to the public, be protected and preserved.

With regard to this Code in general, its provisions shall be construed and implemented to achieve the following intentions and purposes of the City Commission:

A.

To establish the regulations, procedures and standards for review and approval of all proposed development in the City.

B.

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the City in accordance with the Comprehensive Plan.

C.

To adopt a development review process that is efficient, in terms of time and expense; effective, in terms of addressing the natural resource and public facility implications of proposed development; and equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the City.

D.

To implement the City Comprehensive Plan as required by F.S. ch. 163.

E.

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service (LOS) requirements (concurrency).

The provisions of this Code dealing with the specific subject areas which follow shall be construed and implemented to achieve the following intentions and purposes of the City Commission:

A.

To assure that all development proposals be thoroughly and efficiently reviewed for compliance with the requirements of this Code, the City Comprehensive Plan, and other applicable City regulations.

B.

To promote efficiency and predictability.

C.

To assure compliance with approved development orders and the provisions of this Code through rigorous but fair enforcement actions.

A.

To create a comprehensive and balanced system of sign control that accommodates both the need for a well-maintained, safe and attractive community, and the need for effective business identification, advertising and communication.

B.

To permit signs that are:

1.

Compatible with their surroundings.

2.

Designed, constructed, installed and maintained in a manner which does not endanger public safety or unduly distract motorists.

3.

Appropriate to the type of activity to which they pertain.

4.

Large enough to convey sufficient information about the owner or occupants of a particular property, the products or services available on the property, or the activities conducted on the property, and small enough to satisfy the needs for regulation.

5.

Reflective of the identity and creativity of individual occupants.

C.

To promote the economic health of the community through increased tourism and property values.

A.

To enhance the attractiveness of the City.

B.

To conserve energy through the cooling and shading effects of trees.

C.

To abate nuisances such as noise, glare, heat, air pollution and stormwater runoff.

D.

To mitigate conflicts between adjoining land uses.

E.

To preserve the environmental and ecological benefits of existing native trees and vegetation.

F.

To promote safe and efficient use of off-street parking facilities and other vehicular use areas by:

1.

Clearly defining and buffering the bounds of vehicular use areas, particularly where they abut public rights-of-way, so that movement, noise, and glare in one area do not adversely distract activity in another area;

2.

Limiting physical site access to established points of ingress and egress; and

3.

Limiting the internal movement of vehicles and pedestrians to designated traffic configurations.

G.

To conserve the City's irreplaceable natural heritage for existing and future generations.

To assure that all development provides for adequate and safe storage and movement of vehicles in a manner consistent with good engineering and site design principles.

A.

To protect and maintain the chemical, physical and biological integrity of ground and surface waters.

B.

To prevent activities which adversely affect ground and surface waters.

C.

To encourage the construction of stormwater management systems that aesthetically and functionally approximate natural systems.

D.

To protect natural drainage systems.

E.

To minimize runoff pollution of ground and surface waters.

F.

To protect and maintain natural quality levels in estuarine areas.

G.

To minimize erosion, turbidity and sedimentation.

H.

To prevent damage to wetlands.

I.

To protect, maintain, and restore the habitat of shellfish, fish and wildlife.

A.

To protect environmentally sensitive lands and their beneficial functions while protecting the rights of property owners.

B.

To protect, maintain, and restore the chemical, physical, and biological integrity of ground and surface waters and natural habitats.

C.

To prevent activities which adversely affect ground and surface waters, natural habitats, and native flora and fauna.

D.

To maintain recharge for groundwater aquifers.

E.

To prohibit uses that are detrimental to environmentally sensitive areas.

F.

To protect the recreation opportunities of environmentally sensitive lands for fishing, boating, hiking, nature observation, and other uses.

G.

To protect the public's rights in navigable waters.

H.

To protect aesthetic and property values.

A.

To identify, protect, and enhance the use of districts, sites, building, and structures, objects, and areas that are reminders of past eras, events, and persons important in local, state or national history, or which provide significant examples of architectural styles of the past, or which provide this and future generations examples of the physical surroundings in which past generations lived.

B.

To enhance property values, stabilize older neighborhoods and business centers, and increase the economic benefits to the City arising out of its cultural resources.

C.

To preserve and enhance the varied architectural styles that reflect the cultural, social, economic, political and architectural history of the City.

D.

To enrich human life in its educational and cultural dimensions by fostering knowledge of the community's heritage.

The adoption of a unified land development code implements the goals, objectives and policies of the City's Comprehensive Plan, City Ordinance 242.

The goals, objectives and policies of the City's Comprehensive Plan, City Ordinance 242, including Elements 1 through 10 and all standards, maps and exhibits related thereto are hereby incorporated by reference in this Land Development Code as though they were copied fully herein.

The City desires and shall facilitate proper inspection activities relating to construction and maintenance of buildings within the City in order to protect the public health, safety and general welfare.

A.

The following Technical Construction Standard Manuals are hereby incorporated by reference in this Code as though they were copied fully herein. The edition of each manual shall be determined by the City Commission and adopted by resolution.

Standard Building Code (SBCCI)

Standard Excavation and Grading Code (SBCCI)

Standard Existing Buildings Code (SBCCI)

Standard Fire Prevention Code (SBCCI)

Standard Gas Code (SBCCI)

Standard Housing Code (SBCCI)

Standard Mechanical Code (SBCCI)

Standard Plumbing Code (SBCCI)

Standard Swimming Pool Code (SBCCI)

Standard Unsafe Building Abatement Code (SBCCI)

National Electric Code (NFPA)

Energy Efficiency Code for Building Construction (DCA)

Manufactured Buildings Rules & Regulations (DCA)

Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (DOT).

B.

The following technical amendments are incorporated into the Florida Building Code, Residential:

R322.2.1 Elevation requirements.

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot or the design flood elevation, whichever is higher.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus one foot (305 mm), or to the design flood elevation, whichever is higher.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus one foot, or at least three feet if a depth number is not specified.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus one foot or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

R322.3.2 Elevation requirements.

All buildings and structures erected within coastal high-hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of piling, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus one foot or the design flood elevation, whichever is higher.

Basement floors that are below grade on all sides are prohibited.

The use of fill for structural support is prohibited.

Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios and walkways.

Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5

It shall be unlawful for any person to commence any construction without a permit as required by the codes adopted in Section 4-1.06.02 of this Code. It shall be unlawful for anyone to violate the provisions of the codes adopted in Section 4-1.06.02 of this Code. Any person convicted of violating the provisions of this Code or any provisions of the codes adopted in Section 4-1.06.02 of this Code shall be punished as provided in Chapter 2, Laws of Cedar Key, Section 4-1.02.00. Each day any offense continues shall constitute a separate offense

In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of the City and deemed neither to limit nor repeal any other powers granted under state statutes.

In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of the Code, the Administrator shall be responsible for interpretation and shall look to the City Comprehensive Plan for guidance. Responsibility for interpretation by the Administrator shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this Code or any statute or rule of any state or federal agency, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

Whenever a provision appears requiring the head of a department or some other City officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to a qualified alternate or subordinate to perform the required act or duty unless the terms of the provision or section specify otherwise.

Words importing the masculine gender shall be construed to include the feminine and neuter.

Words in the singular shall include the plural and words in the plural shall include the singular.

The word "shall" and "should" are mandatory; "may is permissive or discretionary"; "will" is mandatory when any provisional circumstances are met.

The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

The word "year" shall mean a calendar year, unless otherwise indicated or specified.

The word "day" shall mean a working day, unless a calendar day is indicated or specified.

Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

A.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

B.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

C.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

D.

Boundaries shown as following or approximately following natural features shall be construed as following such features.

More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provisions.