Chapter 105 - General Development Standards

Chapter 105 - GENERAL DEVELOPMENT STANDARDS

ARTICLE I. - IN GENERAL

Sec. 105-1. - Public purpose.  The purpose of this chapter is to provide design and improvement standards for development activities undertaken within the city in order to provide a definitive process for review of applications for approval of developments which are consistent with the comprehensive plan. (CPLDR 1993, § 5-1)

Sec. 105-2. - Compliance.  No building or structure shall be constructed, erected, placed or maintained, nor any development or land use commenced within the city inconsistent with this chapter.            (CPLDR 1993, § 5-2)

Sec. 105-3. - Responsibility for improvements; compliance.  All costs of planning, design, construction, installation, or compliance with the requirements of this Land Development Regulation or other regulations, or associated with any improvement or development shall be the responsibility of the developer.      (CPLDR 1993, § 5-3)

Secs. 105-4—105-24. - Reserved.

 

ARTICLE II. - LANDSCAPING & BUFFER & OFF-STREET PARKING STANDARDS

Sec. 105-25. - Purpose. The purpose of this section is to control vehicular and pedestrian traffic, to provide & preserve aesthetic surroundings, to reduce stormwater runoff & surface heat in paved areas, to provide for open spaces & to provide visual & noise buffers between inconsistent adjacent land uses.                                              (CPLDR 1993, § 5-4.1)

Sec. 105-26. - Landscaped buffers.

(a) Buffer requirements between allowable land uses. The following table is intended to identify buffer requirements between allowable land uses. All conditional uses shall have buffers imposed at the time of consideration by the planning board.

 

A1

A2

A3

A5--

A10

A11

B

C

D

E

F

G

H

All districts/Category A1

 

*

*

*

*

*

*

*

*

*

*

*

MU

Category A2

 

 

 

 

*

*

*

*

*

*

*

*

MU

Category A3

*

 

 

 

*

*

*

*

*

*

*

*

MU

Category A5--A10

*

*

*

 

 

 

*

*

 

*

*

*

MU

Category
E

*

*

*

*

*

 

 

 

 

*

*

*

GC

Category

B

*

*

*

 

 

 

 

 

 

*

*

*

GC

Category

C

*

*

*

*

*

 

 

 

 

 

*

 

GC

Category

D

*

*

*

*

*

 

 

 

 

 

 

 

GC

Category

A5--A10

*

 

 

 

 

 

*

*

 

*

*

*

GC

Category

A11

*

*

*

*

 

 

*

*

*

*

*

*

LI

*

*

*

*

*

*

 

 

*

 

 

 

LI

Category

A5--A10

*

 

 

 

 

 

*

*

 

*

*

*

LI

Category

A11

*

*

*

 

 

 

*

*

*

*

*

*

HI

*

*

*

*

*

*

*

 

 

 

 

 

REC

*

*

*

*

*

*

 

 

 

 

 

 

P/I

*

*

*

 

*

 

 

 

 

 

 

 

Note—Indicates buffer is required between corresponding districts & land uses.

Legend:

Land Uses

Districts

 

A1

Single-family dwelling

RLD: Residential low density

A2

Duplex attached

dwelling

MU: Mixed use

A3

Triplex, quadraplex attached

GC: General commercial

A4

Mobile home /

manufactured housing

LI: Light industrial

A5

Multifamily attached dwellings, less than 10 units

HI: Heavy industrial

A6

Multifamily attached dwellings, 10 units or more

REC: Recreational

A7

Apartments

P/I: Public/Institutional

A8

Community residential homes (group homes, adult congregate living facilities, etc.)

 

A9

Board houses

 

A10

Bed and breakfasts

 

A11

Reserved

 

A12

Reserved

 

B

Professional Offices

 

C

Commercial,

low intensity

 

D

Commercial,

high intensity

 

E

Public/institutional

 

F

Light industrial

 

G

Heavy industrial

 

H

Water dependent

 

 

 

 

(b) Waivers. Required buffers may be waived by the director:

(1) In special treatment zones, upon the recommendation of the downtown improvement board or community development board, to properties in this respective jurisdiction.

(2) If a waiver is necessary to preserve existing native vegetation, & the purpose of the buffer is substantially fulfilled.

(c) Size of required landscape buffers.

(1) A buffer at least 5 feet wide and 6 feet in height is required between abutting residential uses as in the above table.

(2) A buffer at least 9 feet wide and 8 feet in height is required between all other land uses as identified in the above table.               (CPLDR 1993, § 5-4.2)

Sec. 105-27. - Buffer location.

(a) Location. All required buffers shall run the entire length of the side and rear property lines, except for areas of ingress and egress, provided, however, that no buffer shall block the sight distance of motor vehicles on the adjacent roadways or exit points.

(b) Pedestrian access. Gate or door entrances of no more than 5 feet in width for public pedestrian access are encouraged & may be installed between residential properties & adjacent commercial uses.

                                                                     (CPLDR 1993, § 5-4.3(A))

Sec. 105-28. - Buffer density.  All required buffers shall be sufficiently dense to screen the land use from the view of the adjacent property. If the planting is sparse or does not block abutting land uses from view, a visual screen or fence may be required in conjunction with the vegetated buffer. However, wholly vegetated buffers are preferred.                              (CPLDR 1993, § 5-4.3(B))

Sec. 105-29. - Responsibility for buffers. Where a proposed development is to be located adjacent to an existing use & a buffer is required between the uses, sections 104-29(c)(10) & 104-30(c)(9), the responsibility to provide the required buffer is upon the owner or developer of the incoming use.            (CPLDR 1993, § 5 4.3(C))

Sec. 105-30. - Accessory structure locations. No accessory structure, garbage collection sites or receptacles, parking, or other use shall be located in a required landscape or buffer area, except for drainage & irrigation structures.   (CPLDR 1993, § 5-4.3(D))

Sec. 105-31. - Landscape requirements for off-street parking areas.

(a) Generally. In all districts, except Category A, 1—4 uses, LI & HI uses, 10% of the impervious areas used for off-street parking, except for ingress & egress drives, will be landscaped as follows:

(1) Setback areas. Except for ingress & egress points, all vehicular drives shall not be closer than:

            a. 10 feet to the front property line;

            b. 4 feet to either side of property line; or

            c. 4 feet to the rear property line.

The setback area will be landscaped & included in the 10% landscape requirements.

(2) Placement of trees. Trees shall be planted around the parking area as follows:

a. Front off-street parking setback area: Counting any existing trees, one tree from the city replant list shall be planted for every 25 linear feet of lot frontage.

b. Credit to offset the number of trees shall be given for preservation of existing trees when such tree is listed on the city replant list.

c. Trees may be clustered or varied, according to landscape design.

(3) Visual screen. Where no buffer exists, or if a buffer is too sparse to block the parking area from the view of adjoining uses, a visual screen at least 18 inches high at time of planting shall be required to block the parking area from the view of the adjoining property.

(4) Interior landscape areas.

a. Any interior part of an off-street parking lot not delineated as a space for parking or driving will be planted & landscaped, & may be included in the 10% landscaping requirement.

b. Exemption: HI land uses are exempt from landscaping requirements for interior portions of off-street parking areas.

c. At intervals of every 15 adjacent parking spaces, there shall be a landscaped area of not less than nine feet by 20 feet which shall include at least one tree from the city replant list. Alternative designs which provide for landscaped area & trees in the interior of the parking area meeting the area requirements hereof may be approved by the director.

(b) Design standards.

(1) All landscape designs should take into account stormwater runoff, erosion, & drainage.

(2) No vehicle shall overhang, protrude or extend into any setback line or interior landscape area.

(3) All landscape plans & buffer zone plans must show adequate irrigation facilities to maintain the plantings.

(4) All off-street parking landscape area & buffer designs shall be prepared & signed by a licensed nurseryman or landscape architect & submitted to the director for approval.

(5) For purposes of this section, a licensed nurseryman shall be as defined in F.S. § 581.011(13); & a landscape architect shall be as defined in F.S. § 481.303(3).                       (CPLDR 1993, §§ 5-4.4, 5-4.4(A))

Sec. 105-32. - Planting time of year.  Plants shall be installed during the period of the year most appropriate to the particular species, as determined by a licensed nurseryman or landscape architect. If compliance with this requirement delays planting until after the issuance of a certificate of occupancy, the developer or property owner may be required to post a performance bond sufficient to pay all costs of the required planting before the certificate will be issued.                             (CPLDR 1993, § 5-4.4(B))

Sec. 105-33. - Landscape & buffer composition.

(a) Buffers. Buffers may be comprised of trees, shrubs, vines or other vegetation & may be combined with vegetative screens, berms, or fences upon director’s approval.

(b) Off-street parking areas. Approved landscape materials for off-street parking areas shall include: vines, lawn grass, natural ground cover, pebbles, brick pavers, mulch, low-growing plants, or other vegetation & existing trees & shrubs.

(c) Trees.

(1) Size. All trees required to be planted shall be at least 6 feet tall when planted & shall reach a minimum mature height of 15 feet & normal adult drip line of 15 feet in diameter.

(2) Native trees. All trees shall be selected from the city replant list (5-5.9) unless soil & other conditions do not favor survival, but only if verified by a licensed nurseryman or landscape architect. Native trees & existing trees are preferred if possible.

(d) Shrubs & hedges.

(1) All plantings should be spaced in a manner to effectively screen the land use from the view of adjoining structures within one year from planting.

(2) All plants shall be healthy & free of disease & pests at the time of planting.

(3) When planted, shrubs & hedges shall be at least 18 inches high from ground elevation to the top of the plant.

(e) Natural ground covers. Natural ground covers will be planted & spaced in a manner that will provide 75% coverage within 1 year.

(f) Lawn grasses. Grasses should be planted in a manner to achieve permanent coverage within 1 year. Grasses may be planted by seeding, sprigging, plugging or sodding.

(g) Artificial materials. Synthetic plants & artificial material will not satisfy landscaping requirements. Nonporous surface covers shall not be used under mulches & pebbles.

(h) Artificial planters. Artificial planters, if planted with live plants, will satisfy the landscape requirements if they meet the following criteria:

(1) Shrub planters: Must be at least 18 inches deep & have at least 10 square feet of area.

(2) Tree planters: Must be at least 30 inches deep & have at least 25 square feet of area. (CPLDR 1993, § 5-4.5)

Sec. 105-34. - Maintenance & irrigation.

(a) Responsibility. The property owner shall be responsible for maintaining all landscaping & vegetated buffers.

(b) Plant material. Maintenance includes:

(1) Mowing, pruning, litter removal, irrigation or watering, fertilizing, & replacing all dead plant material.

(2) All plants shall be maintained in a healthy, pest & disease free condition.

(c) Visual screens, fences & planters. The maintenance of visual screens, fences & artificial planters includes, but is not limited to, repairing, replacing damaged or deteriorated portions, & painting.

(d) Failure to maintain. The failure to maintain landscaping, buffers, visual screens, fences & artificial planters according to the requirements of this section will constitute a nuisance as defined in chapter 12, article II.                                           (CPLDR 1993, § 5-4.6)

Sec. 105-35. - Special exemption.  The director is authorized to grant exceptions to landscape requirements:

(1) Where compliance is not feasible due to circumstances unique to the property; or

(2) Where it will interfere with utility lines & other public service facilities; or

(3) Where the requirements of the section are satisfied to the greatest extent possible in keeping with the purposes of this section.       (CPLDR 1993, § 5-4.7)

Secs. 105-36—105-58. - Reserved.

ARTICLE III. - ENVIRONMENTAL PROTECTION STANDARDS

DIVISION 1. - GENERALLY

Sec. 105-59. - Purpose.  The purpose of this article is to provide standards to restrict development activities which contribute to the destruction or pollution of environmentally significant resources & to establish those resources to be protected.                           (CPLDR 1993, § 5-5.1)

Sec. 105-60. - Applicability.  A developer should apply the provisions of this article to a proposed development site before any other development design work is done. Those portions of a proposed development which are determined to contain environmentally significant resources shall be protected from development activity. No development order may be issued until the provisions of this article have been met.           (CPLDR 1993, § 5-5.2)

Sec. 105-61. - Environmentally significant resources.  Environmentally significant resources are those identified as being within the conservation special treatment zones set forth in section 104-63, & the following:

(1) Wetlands;

(2) Marine resources including sea grass beds, estuaries, submerged lands, & estuarine shoreline;

(3) Soils;

(4) Identified wildlife habitat;

(5) Drainageways & stormwater systems;

(6) Designated flood zones; &

(7) Protected trees.                 (CPLDR 1993, § 5-5.3)

Sec. 105-62. - Wetlands.

(a) Generally. Wetlands are those under the permitting authority of the Dept. of Environmental Protection & defined in F.S. ch. 403 &/or the U.S. Army Corps of Engineers & defined in part 33, Code of Federal Regulations.

(b) Protection standards. All development activities in identified wetlands are prohibited unless:

(1) Valid permits are obtained from the Dept. of Environmental Protection &/or the U.S. Army Corps of Engineers prior to the approval of the city, subject, however, to the provisions of section 102-24(c);

(2) Appropriate mitigation of destroyed or damaged wetlands is provided by the developer pursuant to the provisions of, ch. 62-312 Florida Administrative Code;

(3) The development activities are determined not to be contrary to the public interest as defined in the comprehensive plan.  (CPLDR 1993, § 5-5.4)

Sec. 105-63. - Marine resources.

(a) Sea grass beds. No development activities may be undertaken in areas containing marine sea grass beds or adjacent areas when the development activity would contribute to the deprivation of the sea grass beds unless:

(1) Valid permits have been obtained from all jurisdictional agencies prior to the approval of the city, subject, however, to the provisions of section 102-24(c);

(2) Appropriate mitigation of destroyed or damaged sea grass beds is provided by the developer pursuant to the provisions of ch. 62-312, Florida Administrative Code.

(b) Estuaries & submerged lands. No development activities may be undertaken on submerged lands or estuarine water column below mean high water unless permits or exemptions are obtained from all appropriate jurisdictional agencies.

(c) Estuarine shoreline. In addition to the requirements of subsections (a) & (b), no development or construction activity shall be permitted on upland areas within 30 feet of the mean high tide line of any estuarine water body. Within this restricted area, all natural shoreline vegetation shall be preserved for a distance of 20 feet landward from the mean high tide line, except that a corridor not to exceed 15 feet in width may be cleared for access to the water.                                      (CPLDR 1993, § 5-5.5)

Sec. 105-64. - Wildlife habitat.

(a) Generally. A development shall not be permitted if it would significantly damage or destroy the habitat of species listed as endangered or threatened in the “Official Lists of Endangered & Potentially Endangered Fauna & Flora in Florida,” published by the Florida Game & Fresh Water Fish Commission.

(b) Protection standards. An owner or developer of any areas identified as a habitat for endangered or threatened species shall provide a study that reflects the value & extent of such habitat. If the species of habitat needs to be protected, the protection shall be established either as a condition of development approval or as part of an enforceable development agreement.                (CPLDR 1993, § 5-5.7)

Sec. 105-65. - Flood zones protection standards.

(a) Flood zones are those identified on the official flood insurance rate maps for Panama City, Florida (Community Panel Numbers 120012 0005 D & 120012 0010 D).

(b) The development of hospitals, nursing homes, or similar institutions is prohibited within designated flood zones.

(c) All development activity permitted to be undertaken in designated flood zones shall comply with the provisions of chapter 9         (CPLDR 1993, § 5-5.8)

Secs. 105-66—105-88. - Reserved.

DIVISION 2. - STORMWATER MANAGEMENT & SOIL CONSERVATION

Sec. 105-89. - Generally.

(a) Public purpose. This division is intended to provide standards to control pollution, flooding, situation, & erosion; to protect surface & groundwater resources; to allow landowners reasonable use of their property; & to prevent an increase of stormwater runoff caused by development.

(b) Application. Any new building or structure; any building or structure having an age of 20 years or more & which has not been continuously & actively used or occupied for a period of 6 months or more; a building or structure that sustains physical damages of 50% or more; or the enlargement of any or structure shall comply with the then existing stormwater requirements provided the grounds or site on which the building or structure is located is adequate to accommodate the retention requirements. If the grounds or site on which the building or structure is located is not adequate to accommodate the retention requirements, the city shall have the discretion to waive up to 25% of the number of parking spaces required under this Land Development Regulation  if such waiver is necessary to meet the stormwater requirements. Stormwater requirements may be reduced or waived entirely where the site cannot accommodate compliance with the stormwater requirements upon approval of the appeals board.

(c) Exemptions.

(1) Developments which discharge directly into an existing stormwater treatment facility with sufficient reserve quality & quantity capacity as determined by the director or into estuarine water will not require flood attenuation, however, compliance with water quality standards & siltation controls shall be required.

(2) Developments which must meet a stricter stormwater management standard mandated by another agency.

(3) Maintenance work (for public health & welfare purposes) on existing mosquito control drainage structures.

(4) Emergencies requiring immediate action to prevent substantial & immediate harm or danger to the public or environment. A report of any emergency action will be made to the city as soon as possible.

(5) Single-family detached dwellings, duplex, triplex, & quadraplex units & accessory structures that are not part of a larger development.

(6) Developments which do not alter or add more than 2,000 square feet of impervious surface to include semi-impervious gravel parking & are not part of a larger phased plan of development.

(d) Panama City stormwater master plan. The Panama City stormwater master plan (“stormwater plan”) shall dictate the required level of water quality treatment & flood attenuation based on the adequacy or inadequacy of drainage basins in the stormwater plan.

(e) Requirements for finished floor elevations. All finished floor elevations for residential & commercial development must be at least 12 inches higher than the crown of all adjacent streets at their highest point or 12 inches above the curb, whichever is greater. The drawings should clearly show the finished floor elevations along with the street crown & curb elevations of all adjacent streets.

(f) Miscellaneous. This division supersedes section 102-79 to the extent of any conflict.

(CPLDR 1993, § 5-5.6; Ord. No. 2318, § 1, 7-22-2008; Ord. No. 2330, § 1, 2-10-2009; Ord. No. 2331, § 1, 11-25-2008)

Sec. 105-90. - Developer stormwater & erosion control plan.

(a) For all developments not exempt from these stormwater requirements, the owners or developers shall submit to the director a proposed stormwater & erosion control plan prepared by a registered, Florida engineer based on the city stormwater plan.

(b) The purpose of a proposed plan is to suggest measures to meet stormwater quantity (flooding) & quality (siltation, erosion, pollution) controls & flood prevention requirements for all roadways, properties, & structures which may be affected by runoff during & after construction.

(c) Each proposed plan shall give:

(1) Name, address, & telephone number of the applicant.

(2) Location map & aerial photo of the development site which clearly outlines project boundaries.

(3) A description of predevelopment hydrologic & environmental conditions of the site including:

a. Receiving waters & all existing drainage structures to outfall systems, if any.

b. Stormwater runoff direction, volume, & flow rate.

c. Adjacent upland acreage, if any.

d. Nearby wetlands & other environmentally significant resources as described in section 105-61

e. Groundwater levels.

f. A description of on-site vegetation & soils.

g. Any maps, sketches, graphs, tables, photographs, narratives, studies, & other information useful to evaluate the impact of development on stormwater runoff from the project site.

h. Other like information deemed necessary by the city to evaluate the characteristics of the affected area, the potential impact in city water, & the acceptability of proposed compensating measures.

(4) Components of the proposed stormwater & erosion control plan including:

a. Projected post development stormwater runoff direction, volume, & flow rate, & a before-&-after construction chart reflecting the volume & flow rate.

b. An erosion & sedimentation control plan.

c. Construction & design plans for stormwater improvements.

d. Other post development site conditions, such as any projected impact upon environmentally significant resources or existing drainage channels.

e. Any related information deemed necessary by the director to evaluate the impact or effectiveness of the proposed plan.

(5) A schedule for continual maintenance of the stormwater management system, erosion, & sedimentation control.

(d) The director may waive portions of information required above where it is deemed inapplicable or otherwise unnecessary for the evaluation of the particular site conditions.

(e) Engineers & developers are encouraged to use information published in chapter 6 of the Florida Development Manual: A Guide to Sound Land & Water Management, published by FDEP, in conjunction with their own expertise, to assure stormwater best management practices (BMP’s) are properly designed & constructed for their particular site & situation.

(f) Engineers & developers are encouraged, where practicable, to use regional stormwater retention/detention facilities in lieu of site-specific facilities.

                                                                     (CPLDR 1993, § 5-5.6(A))

Sec. 105-91. - Stormwater treatment & control standards.

(a) Pollution control (quality). All development not exempt shall provide for stormwater treatment as follows:

(1) At a minimum, the first one-half inch of stormwater runoff shall be retained within drainage areas less than 100 acres. For areas 100 acres or more, the runoff from one inch of rainfall shall be retained with the runoff coefficient being no less than 0.5. The total volume retained must percolate within 72 hours.

(2) The retention & detention of a greater amount of stormwater may be required in areas of special concern as designated in the city stormwater master plan. Detention with filtration, with a safety factor of 3, may be used only in special applications, when approved by the director.

(3) All requirements of the Florida Dept. of Environmental Regulation shall be complied with.

(4) All stormwater discharge facilities shall have sediment controls & skimming devices.

(5) Off-site discharge flows shall be limited to nonerosion velocities.

(b) Flood control (quantity). All developments not exempt shall provide for flood attenuation as follows:

(1) At a minimum, facilities shall be provided to attenuate a 25-year frequency storm event of critical duration so the post development stormwater off-site peak discharge rate shall be not greater than predevelopment rate.

(2) Developments which discharge stormwater directly into estuarine waters shall not be subject to storm quantity standards.

(3) The capacity of all stormwater facilities shall comply with the city stormwater master plan & be verified by a licensed Florida engineer upon the completion of the project.

(c) Erosion & siltation control. All developments not exempt shall provide for erosion & sedimentation control as follows:

(1) The plan for erosion & siltation control proposed by a developer shall provide for both temporary measures during construction & permanent control measures.

(2) During construction, storm drainage inlets shall be protected by hay bales, sod screens, or temporary structures to prevent siltation. All soil stockpiles shall be protected against dusting & erosion.

(3) During land grading, sediment basins, sediment traps, perimeter berms, filter fabric fences, or hay bales shall be installed according to the approved erosion control plan before & during all land grading operations.

(4) At all times during & after development, denuded areas shall be stabilized. Final stabilization measures shall be in place within 60 days of final grading.

(5) All control measures shall comply with the management practices contained in the Florida Dept. of Environmental Regulation’s Florida Development Manual: A Guide to Sound Land & Water Management.

(d) Waiver. The submission of an erosion & siltation control plan may be waived by the director for minor developments such as residential developments subject to development review Level 1 described in section 102-26(b)(1).                         (CPLDR 1993, § 5-5.6(B))

Sec. 105-92. - Stormwater & erosion control plan adherence & maintenance.

(a) Adherence. Once approved, an applicant shall adhere to the stormwater & erosion control plan & any amendments to the plan must be approved by the city.

(b) Certification. After completion of the project, the director may require the project engineer to certify that the control measures meet the stormwater treatment, flood attenuation, & erosion & siltation standards outlined in the plan.

(c) Inspection. The owner, engineer, or contractor shall arrange for periodic city inspections of the control systems during development & prior to cover-up of underground systems as necessary to ensure adherence to the plan.

(d) Maintenance. Upon completion, all control systems shall be maintained by the owner. By agreement, the city or other agencies may accept the responsibility of maintenance.

(e) Failure to maintain. If the owner fails to control systems on the property, any flooding, pollution, erosion, or siltation may be:

(1) Declared a nuisance pursuant to chapter 12, article II, & abated. The costs of nuisance abatement shall be assessed against the owners & their property as provided by special assessment, as a nuisance lien or as otherwise provided by law; or

(2) Evaluated as to its impact upon city stormwater drainage systems. The cost of accommodating the increased flows shall be assessed against the owners & their property;

(3) The owner shall be subject to penalties & fines pursuant to section 1-8    (CPLDR 1993, § 5-5.6(C))

Sec. 105-93. - Off-site stormwater & sedimentation control facilities.

(a) Upon director approval, developers may propose to provide off-site treatment & flood attenuation facilities if capacity of such systems is adequate & their maintenance is ensured.

(b) In lieu of on-site facilities, developers may request to participate in existing or in a planned public or regional stormwater facilities, pursuant to a development agreement with the city, which by its terms shall require the developer to pay.

(c) Where off-site facilities are expected to process & detain stormwater flows from any development, the developer shall submit all information required under section 105-90(c).

(d) Existing drainage facilities & systems shall not be altered unless the proposed alterations would improve the performance, storage volume, capacity, efficiency or durability of the system or facility.

                                                                    (CPLDR 1993, § 5-5.6(D))

Secs. 105-94—105-114. - Reserved.

DIVISION 3. - TREE PROTECTION

Sec. 105-115. - Generally.  No owner, developer agent or representative thereof shall cut down, destroy, remove or move, or injure or commit any act that would cause damage to any protected tree located on any property within the city without approval from the director.             (CPLDR 1993, § 5-5.9(1))

Sec. 105-116. - Protected trees & measurement.

(a) Protected trees. Protected trees shall include:

(1) All dogwood & redbud trees with a diameter at breast height (DBH) of 3 inches or more.

(2) All other trees which have a DBH of 8 inches or more.

(3) All pine trees which have a DBH of 18 inches or more.

(b) Definitions.

(1) The term “diameter at breast height” (DBH) is defined as the circumference in inches of the tree trunk divided by pi (3.141), measured at a height of 54 inches from the base of the tree.

(2) The term “caliper” is defined as the circumference in inches of the tree trunk divided by pi (3.141), measured at the base of the trunk. Caliper is used to size nursery-grown trees.

(3) The term “footprint” is defined as the outside perimeter of any structure.

(4) The term “person” is defined to include any natural person, corporation, partnership, trust, or any other entity or association.

                     (CPLDR 1993, § 5-5.9(2); Ord. No. 2203, § 1, 8-8-2006)

Sec. 105-117. - Exceptions.  Trees otherwise protected may be removed, but only with the approval of the director, under the following circumstances:

(1) Single-family residential lots. Single-family residential lots shall be exempt from the tree regulations within the footprint of any residential structure, including garage, carport, driveway & swimming pool. With regard to heritage, specimen, champion & historic trees protected by subsection (7) hereof, this exemption is limited to those circumstances where all setback requirements have been met.

(2) Other uses. Commercial, multifamily residential, industrial, institutional, & recreational lots shall be exempt from the tree regulations within the footprint of the structure, the required runoff retention area & the required parking area, except for historic, specimen, heritage or champion trees protected by section 105-121. A historic, specimen, heritage or champion tree may be removed only if it is in the footprint of the structure & where all setback requirements have been met. The director may give credit toward landscaping requirements for existing trees preserved within the footprint if protected pursuant to section 105-122. All protected trees to be removed or preserved shall be shown on the site plan. The site plan shall also show buffer areas to be preserved & new trees to be planted pursuant to article II of this chapter & compliance with the landscape & buffer standards hereof.

(3) Diseased, damaged or hazardous trees. Trees that are visibly diseased or damaged to the extent that the life of a tree has been virtually terminated or its growth or foliage substantially impaired, or that constitute a threat to public safety or damage to property may be removed.

(4) Pruning & trimming. Ordinary pruning or trimming of trees & tree limbs is an exempt activity.

(5) Emergency conditions & commercial tree growers.

a. Emergency waivers. The city commission or its designated representative may waive all or part of these requirements in the event of natural disasters such as hurricanes, tornadoes, floods, or hard freezes. In such cases, the period of waiver shall not exceed ten days, unless extended by the city commission.

b. Commercial tree growers. Licensed plant & tree nurseries shall be exempt from the terms & provisions of this subsection when trees planted or growing on the premises of said licensee are so planted & growing for sale to the general public in the ordinary course of business.

c. Utility & public work operations.

1. Tree pruning & tree removal by duly constituted communication, water, sewer, electrical, or other utility companies or federal, state, county, or municipal agencies providing like services, or engineers or surveyors working under a contract with such utility companies or agencies shall be exempt, provided the removal is limited to those areas necessary for maintenance of existing lines or facilities or for construction of new lines or facilities in furtherance of providing utility service to its customers, & provided that the activity is conducted in a manner to avoid any unnecessary removal. The removal or pruning of trees in & around aerial electrical utility lines shall not exceed the guidelines of the National Electrical Safety Code necessary to achieve safe electrical clearance. All pruning & trimming shall be done in accordance with National Arborists Association Standards, except as otherwise provided.

2. Public works projects by governmental agencies are exempt from the tree regulations in the same manner as utility companies.

(6) Rights-of-way. The clearing of a path for an existing or new road right-of-way is exempt. The width of the path shall not exceed the right-of-way width standards for each type roadway established in this Land Development Regulation.

(7) Nuisance &/or exotic trees. Trees that are declared nuisance &/or exotic trees by the Florida Exotic Pest Plant Council (FLEPPC) in its latest list of invasive plant species.                            

Sec. 105-118. - Conditions for tree removal.

(a) The developer or owner shall provide a site drawing which accurately depicts protected trees on the site, including location, type of protected tree & diameter in inches at breast height, in order to minimize the removal of protected trees. The protected trees depicted on the site drawing shall be marked on the site with “surveyor’s ribbon” or other similar material in order that the city’s staff can confirm the accuracy of the site drawing. Should the site drawing presented be inaccurate or the size of the tract be so substantial that confirmation of the accuracy of the site presented would either work an undue hardship on staff or result in an unreasonable expense to the city, the director may at his/her discretion require a tree survey of the site, certified by an engineer, surveyor, landscape architect or mapper, licensed in the State of Florida.

(b) Once the requirements of subsection (a) above, have been met, the developer or owner shall satisfy one or more of the following conditions:

(1)The use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

(2) 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.

(3) The tree materially interferes with the location, servicing, or functioning of existing utility lines or services & the lines may not reasonably be relocated.

(4) The tree creates a substantial hazard to operators of motor vehicles or bicycles & pedestrian traffic because of its location.

(5) The tree is diseased, insect-ridden, or weakened by age, abuse, storm, or fire & is likely to cause injury to persons or damage to structures or other improvements.

(6) Any law or regulation requires the removal.         (CPLDR 1993, § 5-5.9(4))

Sec. 105-119. - Replacement of removed trees.

(a)  Any protected trees removed by an owner or developer shall be replaced at the expense of the owner or developer with a species identified on the tree replant list.

(b) Each removed tree shall be replaced with a new tree or trees having a total tree caliper equivalent to that of the diameter at breast height of the tree removed.

(c) Single-trunk replacement trees shall be a minimum of one-inch caliper & a minimum of 6 feet in overall height.

(d) A replacement tree may be a tree moved from one location to another on the site.

(e) If in the judgment of the director the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the applicant shall make a monetary contribution to the tree protection & related expenses trust fund. The amount of such contribution shall be determined as follows:

(1) For every diameter inch of replacement trees required, the contribution shall be equal to the retail value of a 2-inch caliper, nursery-grown shade tree plus the cost of planting. The retail value & planting cost per diameter inch shall be calculated by the city by taking the average published price of container-grown or balled & burlapped 2-inch caliper laurel oak. The retail & planting value per diameter inch shall be adjusted annually. The city may permit the planting of trees upon city property in lieu of monetary contributions.

(2) The maximum mitigation replacement required for any developer shall be 100 diameter inches per acre subject to proration where fractional acreage is involved or 50 % of the total protected diameter inches of the trees removed from the lot, whichever is greater.

(f) Any replacement tree, planted for credit, which dies within one year of planting, shall be replaced by a tree having not less than a 3-inch diameter at the time of planting, at the expense of the owner or developer responsible for the replacement of the tree removed.

(g) No replacement trees with the potential to reach a height of 18 feet or greater shall be planted or otherwise located under or within 10 feet on either side of overhead utility lines.          (CPLDR 1993, § 5-5.9(5))

Sec. 105-120. - Tree replant list.  The following is the tree replant list:

(1) Small trees

a. Crepemyrtle (Lagerstroemia indica).

b. Devil’s walkingstick (Aralia spinosa).

c. Fringe tree (Chionanthus virginicus).

d. Goldenrain tree (Koelreuteria elegans).

e. Holly, dahoon (Ilex cassine).*

f. Hop-hornbeam (Ostrya virginiana).

g. Hornbeam (Carpinus caroliniana).

h. Plum, wild (Prangustifolia).

i. Magnolia, oriental (Magnolia spp.).

j. Sparkleberry tree (Vaccinium arboreum).

k. Plum, American (Prunus americana).

l. Fringe tree, Chinese (Chionanthus retusa).

m. Smooth redbay (Persea borbonia).*

n. Pear, Bradford (Pyrus calleryana Bradford).

o. Glossy privet (Ligustrum lucidum).

p. Loquat (Eriobotrya japonica).

q. Red buckeye (Aesculus pavia).

r. Hawthorns (Crateagus spp.).

s. Silverbell (Halesia coroliniana).

t. Yaupon holly (Ilex vomitoria).

u. Ashe magnolia (Magnolia ashei).

v. Crab apple (Malus angustifolia).

w. Wax myrtle (Myrica cerifera).

x. Flatwoods plum (Prunus umbellata).

y. Hoptree (Ptelea trifoliata).

z. Myrtle oak (Quercus myrtifolia).

aa. Virginia stewartia (Stewartia malacodendron).

bb. Rust blackhaw (Viburnum rufidulum).

cc. Dogwood.

(Trees numbered r.—cc. are native.)

(Trees numbered p.—cc. are suitable for planting underneath utility lines.)

(2) Medium & large trees

a. Ash, white (local) (Fraxinum americana).*

b. Birch, river (Betula nigra).*

c. Basswood (Tilia caroliniana).

d. Catalpa, southern (Catalpa bignonoides)

e. Cedar, Atlantic white (Chamaecyparis thyoides).

f. Southern red cedar (Juniperus silicicola).

g. Cherry laurel (Prunus caroliniana).*

h. Cottonwood (Populus deltoides).

i. Cypress, pond (Taxodium ascendens).

j. Bald cypress (Taxodium discithum).

k. Elm, Florida (Ulmus americana floridana).*

l. Elm, winged (Ulmus alata).*

m. Hickory (Carya spp.).*

n. Loblolly bay (Gordonia lasianthus).

o. Maple, Florida (Acer barbatum floridanum).*

p. Mulberry, red (Morus rubra).

q. Oak, post (Quercus stellata).*

r. Oak, Shumard (Quercus shumardii).*

s. Oak, southern red (Quercus falcata).*

t. Oak, swamp chestnut (Quercus michauxii).*

u. Oak, white (Quercus alba).*

v. Live oak (Quercus virginiana).

w. Palm, cabbage (Sabal palmetto).

(Note: Palm trees are acceptable only if approved by the director.)

x. Palm, pindo (Butia capitata).

y. Persimmon (Diospyros virginiana).

z. Pine, spruce (Pinus glabra).

aa. Sweetbay (Magnolia virginiana).*

bb. Gum, sweet or red (Liquidambar styraciflua).

cc. Tulip tree (Liriodendron tulipifera).

dd. Tupelo, water (Nyssa aquatica).

ee. Walnut, black (Juglans nigra).*

ff. Waxmyrtle (Myrica cerifers).*

*Denotes shade trees.

Source: Native Trees for North Florida, Florida Cooperative Extension Service, University of Florida.

                                                                     (CPLDR 1993, § 5-5.9(6))

Sec. 105-121. - Historic, specimen, champion, & heritage trees.

(a) A historic tree is one that has been designated by the city commission as one of notable historical interest & value to the city because of its location or historical association with the community.

(b) A specimen tree is one that has been officially designated by the city commission to be of high value because of its type, size, age, or other relevant criteria.

(c) A champion tree is one that has been identified by the Florida Division of Forestry as being the largest of its species within the State of Florida or by the American Forestry Association as being the largest of its species in the United States. Any tree in the city selected & duly designated as a Florida State Champion, U. S. Champion, or World Champion by the American Forestry Association shall be protected.

(d) A heritage tree is any tree with a diameter of at least 30 inches or 7 feet ten inches in circumference, whichever dimension is less, measured at a point 54 inches above ground level. Heritage trees shall be considered protected trees.

(e) No historic, champion, heritage, or specimen tree shall be removed unless there is a specific provision in this Land Development Regulation providing an exemption therefor.         (CPLDR 1993, § 5-5.9(7))

Sec. 105-122. - Protection of trees during development activities.

(a) Generally. To assure the health & survival of protected trees, no person shall engage in any activity that would result in injury to any tree from the following causes:

(1) Mechanical injuries to roots, trunk, & branches;

(2) Injuries by chemical poisoning;

(3) Injuries by grade changes;

(4) Injuries by excavations;

(5) Injuries by paving;

(6) Any other avoidable consequence that may cause or contribute to tree injury.

(b) Tree protection zone. A circular tree protection zone shall be established around each protected tree as follows:

(1) If the drip line is less than 6 feet from the trunk of the tree, the zone shall be that area within a radius of 6 feet around the tree.

(2) 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.

(3) 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.

(c) Development prohibited within the tree protection zone. All development activities, except those specifically permitted by subsection (e) below, shall be prohibited within the protection zone of any protected tree. This prohibition shall include vehicular parking & storage of materials within the tree protection zone.

(d) Fencing of tree protection zone. Prior to the commencement of construction, the developer shall enclose the entire tree protection zone within a fence or similar barrier as follows:

(1) Wooden or similar posts at least 1.5 X 3.5 inches shall be implanted in the ground deep enough to be stable & with at least 3 feet visible above ground.

(2) The protective posts shall be placed not more than 6 feet apart & shall be linked together by a rope or chain.

(e) Permitted activities within the tree protection zone.

(1) Trenching by utility companies shall be allowed except where the trees are historic, specimen, champion, or heritage, in which event the excavation shall be tunneled.

(2) Sodding & ground cover: Placement of sod or other ground covers including ground surface preparation for such covers.   (CPLDR 1993, § 5-5.9(8))

Sec. 105-123. - Preservation of native vegetation.  In addition to the tree preservation requirements, development sites shall comply with the following requirements for the preservation of native shrubs & ground covers:

(1) Within the conservation or special treatment zone, 25% of the site populated by native shrubs or ground cover shall be preserved.

(2) Within all other districts, a minimum of 10% of the total area of the site populated by native shrubs or ground cover shall be preserved.

(3) Native shrubs & ground cover on a site may be used to satisfy the buffer & vehicular landscaping requirements of article II of this chapter.      (CPLDR 1993, § 5-5.9(9))

Sec. 105-124. - Preservation of protected trees & native vegetation as grounds for reduction in required parking.

(a) A reduction of required parking spaces may be required by the director when the reduction would result in:

(1) The preservation of a protected tree, or

(2) The preservation of native shrubs & ground cover in a quantity exceeding the minimum requirements of section 105-123

(b) The following reduction of required parking shall apply if it prevents the removal of a protected tree or native vegetation that is located within the area designated as a vehicular use area. The following reduction schedule shall apply:

REDUCTION SCHEDULE

Number of Required Parking Spaces

Reduction in Required Parking Spaces Allowable

1—4

0

5—9

1

10—19

2

20 or above

10% of total number of spaces (total reduction regardless of number of trees or %age of native vegetation preserved)

(c) The director may grant further reductions when necessary to save protected trees.

                                                                   (CPLDR 1993, § 5-5.9(10))

Sec. 105-125. - Unauthorized tree removal.

(a) All sanctions & remedies in this section are cumulative to each other & to all other provisions. No protected tree shall be removed unless the removal is authorized by a removal permit or development order from the city.

(b) Any person who removes a protected tree without authorization by the city shall be subject to a penalty not to exceed $1,000.00 per tree, or confinement in jail for a period not to exceed 60 days, or both, & the revocation of his license to do business in the city for a period of 6 months.

(c) Should any owner, developer, or contractor remove a protected tree without authorization by the city, any development order issued or permit previously issued by the city shall be revoked &, if not issued, then denied, until the owner has satisfied all mitigation requirements.

(d) Except for “clearing of land” as defined & provided for in section 10202 or as otherwise provided herein, should an owner or developer remove any tree without authorization, the owner or developer shall pay to the city a sum of money equal to twice the amount of mitigation damages determined on the basis of diameter inches of the trees removed, plus any revenues that the tree or trees would have produced if sold at prevailing market value. The money limitation set forth in section 105-119(e)(1) shall have no application to the amount so determined above.                                (CPLDR 1993, § 5-5.9(11))

Sec. 105-126. - Protection of trees on public lands.  The Panama City Dept. of Leisure Services shall be responsible for the care, maintenance, & preservation of all trees & landscaping on city properties. The Dept. of Leisure Services is authorized to implement community programs & a community forestry plan to foster awareness & support for the preservation of trees & other native plant life.                                                          (CPLDR 1993, § 5-5.9(12))

Secs. 105-127—105-150. - Reserved. 

 

ARTICLE IV. - UTILITIES

Sec. 105-151. - Utilities.  This article is intended to provide basic standards for availability of utilities services.                                     (CPLDR 1993, § 5-6)

Sec. 105-152. - Applicability.

(a) Electricity & telephone. All residential developments shall have available a source of electricity & telephone that is adequate to accommodate the permitted development.

(b) Water & sewer. All habitable development within the city shall be connected onto the city water & sewer system &, if not available, within 3 months of the availability of such service. All connections or extensions of the water or sewer systems shall comply with the Florida Building Code, as it may be amended from time to time, &/or, if applicable, state laws & regulations.

(c) Fire hydrants. The developers of any residential developments shall provide a system of fire hydrants which meet or exceed the standards set forth in Recommended Standards for Water Works, as it may be amended from time to time.

(d) Drainage. In addition to the requirements set forth in article III, division 2, all drainage structures or conveyances shall be designed & constructed to accommodate stormwater runoff produced by a 25-year, critical duration storm event &, if applicable, comply with the requirements of chapter 14-86, Florida Administrative Code (FDOT drainage permit).                         (CPLDR 1993, § 5-6.1)

Sec. 105-153. - Utility easements.  When a developer installs water, sewer, electrical power, telephone or cable television facilities which will be owned, operated or maintained by a public utility or another entity, other than the developer, the developer shall transfer title to such utility together with attendant easements to such entity.         

                                                      (CPLDR 1993, § 5-6.2)

Secs. 105-154—105-174. - Reserved.

ARTICLE V. - TRAFFIC CIRCULATION & PARKING

Sec. 105-175. - Public purpose.  This article establishes minimum requirements applicable to transportation systems, including public & private streets, bikeways, pedestrian ways, parking, loading areas, & access to & from public streets. The standards are intended to minimize the traffic impacts of development.                   (CPLDR 1993, § 5-7.1)

Sec. 105-176. - Functional classifications of roadways. Functional classifications of roadways within the city are as follows:

(1) Principal arterial roadways.

a. U.S. 231 (SR 75): City limits to Business U.S. 98 (6th Street).

b. 23rd Street (SR 368).

c. U.S. 98 (15th Street): Everitt Ave. to middle of Hathaway Bridge.

d. Business U.S. 98: Everitt Avenue to Beck Avenue.

e. Business U.S. 98: (Beck Avenue to 15th Street).

f. Harrison Ave.: Business U.S. 98 (6th Street) to U.S. 98 (15th Street).

(2) Minor arterial roadways.

a. East Ave. (SR 389): Business U.S. 98 (SR 30) to city limits.

b. Cove Blvd. (SR 77): Business U.S. 98 (SR 30) to city limits.

c. 11th St. (CR 28): City limits to Beck Avenue.

d. Airport Dr. (SR 391).

e. St. Andrews Blvd. (SR 390): That portion within city limits.

f. Lisenby Ave. (CR 327): 15th Street to 23rd Street.

g. Beck Ave.: 15th Street to 23rd Street.

(3) Collector roadways.

a. Everitt Ave.: Business U.S. 98 (SR 30) to 11th Street (CR 28).

b. Third St.: Everitt Avenue to Sherman Avenue.

c. Sherman Ave.: Third Street to 11th Street (CR 28).

d. Fourth St.: Watson Bayou to Beach Drive.

e. Cove Blvd.: Business U.S. 98 (SR 30) to Cherry Street.

f. Cherry St./Beach Dr.: Cove Boulevard to Business U.S. 98 (SR 30).

g. Jenks Ave.: Fourth Street to city limits.

h. Balboa Ave.: Beach Drive to 15th Street.

i. 19th St.: U.S. 231 (SR 75) to U.S. 98 (SR 30A).

j. Lisenby Ave.: Beach Drive to 15th Street.

k. Frankford Ave.: 15th Street north to end of roadway.

l. 15th St./Michigan Ave.: Beck Avenue to 23rd Street.

m. Baldwin Rd.: SR 390 to Harrison Avenue.           (CPLDR 1993, § 5-7.2)

Sec. 105-177. - Design standards.

(a) Generally. All highways, roads, streets, & rights-of-way shall be designed & constructed to comply with the requirements of the most recent edition of the Manual of Uniform Standards for Design, Construction & Maintenance for Streets & Highways, Florida Dept. of Transportation (the “Green Book”), unless otherwise specified in this Land Development Regulation.

(b) Topography. All street systems of a proposed development shall be designed & constructed to avoid environmentally sensitive areas & to the extent possible conform to the natural site topography to preserve existing hydrological & vegetative patterns, & to minimize erosion & site alteration.

(c) Coordination with surrounding area. All proposed street systems shall be designed & constructed to coordinate with existing roadways. If adjacent lands are unplatted, stub-outs shall be provided in the new system for future connection to the roadway system of the adjacent unplatted land.

(d) Residential street systems.

(1) Streets in a proposed subdivision or other residential area shall be designed to accommodate intra-neighborhood traffic rather than through traffic.

(2) Streets in residential areas shall be the sole vehicular access to any lots which abut any collector or arterial roadway or right-of-way.

(e) Intersections shall be designed & constructed so that:

(1) The flattest possible grade on the approach to & at the intersection is achieved.

(2) The roads intersect at right angles,& in no event less than 75 degrees.

(3) The roads, where possible, coincide with existing intersections. Where an offset (jog) is necessary, the distance between centerlines of the intersecting streets shall be no less than 150 feet.

(4) If more than one street is to intersect with an existing street, they shall be no less than 400 feet apart, measured from centerline to centerline. When the intersected street is an arterial way, this distance shall be no less than 700 feet.

(f) Safety lanes. All shopping centers & malls shall provide a fire & safety lane of a minimum width of ten feet contiguous & adjacent to the exterior perimeter of the structure or of any walkway affronting the structure. Where there are at least 2 traffic lanes having a minimum width of 12 feet each, adjacent to the walkway building or structure, this requirement will be deemed to have been met. A sign shall be posted at 50-foot intervals which states: “Fire Safety Lane. Parking, standing or stopping of motor vehicles prohibited at all times.”   (CPLDR 1993, § 5-7.3)

Sec. 105-178. - Rights-of-way.

(a) Rights-of-way width. Right-of-way requirements for road construction shall be as follows:

Principal arterial

150 ft.

Minor arterial

100 ft.

Collector

100 ft.

Local

60 ft.

Local, affordable housing

50 ft.

(b) Pavement width & materials testing. Pavement width of roadways shall be as follows:

 

Four-Lane

Two-Lane

Principal arterial

60 ft.

36 ft.

Minor arterial

60 ft.

36 ft.

Collector

60 ft.

36 ft.

Local

48 ft.

24 ft.

Testing of pavement materials may be required pursuant to standards specified in chapter 108.

(c) Protection & use.

(1) No encroachment shall be permitted into city rights-of-way, except as authorized by the city.

(2) Use of the right-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas lines, or electricity transmission, shall be allowed subject to the placement specifications in the technical construction standards manual in section 105-177, or the equivalent, & other applicable laws or regulations.

(3) Sidewalks & bicycle ways shall be placed within the right-of-way.

(d) Vacations of rights-of-way. Applications to vacate a right-of-way may be approved upon a finding that all of the following requirements are met:

(1) The requested vacation is consistent with the traffic circulation element of the city comprehensive plan.

(2) The right-of-way does not provide the sole access to any property & if the alternative access is not limited solely to a way of egress & ingress.

(3) The vacation would not jeopardize the current or future location of any utility.

(4) The proposed vacation is not detrimental to the public interest.

(5) The proposed vacation does not eliminate a public accessway to the water, unless comparable or better public access is provided by the person requesting the vacation.          (CPLDR 1993, § 5-7.4)

Sec. 105-179. - Access control.

(a) State highway system. All driveways, access points, entrances or exits or other vehicular connections to the state highway system must be authorized by the Florida Dept. of Transportation. Vehicular connection permits must be obtained by developers pursuant to chapter 14-96, Florida Administrative Code, if required before the issuance of a development order by the city.

(b) Collector & local streets. Location & spacing of access points & intersections shall comply with the technical construction standards manual & the requirements of section 105-177

(c) Emergency access.

(1) All residential subdivisions or multifamily developments, including manufactured home subdivisions, having roadway segments over 500 feet in length shall have at least 2 roadway outlets to accommodate emergency ingress & egress needs.

(2) Roadway outlets shall not be located closer than 100 feet from one another.           (CPLDR 1993, § 5-7.5)

Sec. 105-180. - Bicycle & pedestrian ways.

(a) Installation. Any new developments shall have bicycle pathways, or sidewalks, or both when the need for such facilities has been established as an integral part of the city’s nonautomotive traffic circulation system. The requirement for bicycle paths or sidewalks shall be based on the following criteria:

(1) When it is necessary to connect or complete an existing bicycle path or sidewalk system;

(2) The installation of bicycle paths or sidewalks would not adversely affect public safety;

(3) The cost of providing bicycle paths or sidewalks is not excessively disproportionate to the need or use; &

(4) Other available criteria dictate the need of such a pathway or pathways.

(b) Technical construction standards. Required bicycle paths & sidewalks shall be designed & constructed in compliance with the standards in the Manual of Uniform Minimum Standards for Design, Construction & Maintenance for Streets & Highways, published by the Florida Dept. of Transportation.                                                (CPLDR 1993, § 5-7.6)

Sec. 105-181. - Off-street parking & loading.

(a) Generally. The purpose of required parking spaces is to provide enough onsite parking to accommodate the majority of traffic generated by the range of uses which might locate at the site over time.

(1) Off-street parking spaces shall be provided upon the erection or enlargement of any building or structure or upon an increase in the capacity of any building or structure, including, but not limited to, dwelling units, guestrooms, floor area, seating capacity, employment or patronage.

(2) No on street public parking spaces may be used in calculating the number of parking spaces required of any business, except:

a. Where a business has as designated employment, seating or patronage capacity of 25 persons or more or,

b. Where 25% of the minimum parking requirements is satisfied by available off-street public parking facilities located on the same side of the block & which is not separated by a major street or thorough-fare & is located within 500 feet of the business, only if the access is not interrupted by a fence, wall, or other structure separating the business from the off-street parking area. The measurement from the business to the parking area shall be measured from the entrance of the business to the entrance of the parking facility along the commonly traveled & approved pedestrian walkway or route between the business & the parking facility.

(3) Off-street parking requirements shall be as follows:

Use

Spaces Required

Dwellings

 

Single-family, duplex, cluster or townhouse

2 per unit

Apartment or condominium

1.5 per unit plus 1 per 10 units

Community residential homes

1 per bedroom

Hotels, motels, & mobile home parks

1 per unit home plus 2 per office

Boarding homes

1 per bedroom

Dormitories

1 per each 3 beds

Public assembly

 

Church, temple or other place of worship

1 per 4 seats in main assembly hall

Fraternal organization or private club

1 per 300 sq. ft. gross floor area + 1.5 per bedroom

Auditorium, theater, gymnasiums or convention halls

1 per 4 seating spaces

Libraries or museums

1 per 500 sq. ft gross area

Private schools, kindergartens, & day care centers

1 per 4 seats in assembly hall + 1 per classroom   

Amusement place, dancehall, swimming pool or exhibition hall

1 per 4 seating spaces or 1 per each 100-sq. ft. of floor or grounds used for amusement or assembly.

Health facilities

 

Hospitals

1.75 per bed

Sanitariums, convalescent homes or similar institutions

1 per 500 sq. ft. of gross floor area

Animal hospitals

1 per 400 sq. ft. of gross floor area

Medical, dental & health offices & clinics

1 per 300 sq. ft. of gross floor area

Funeral parlors or mortuaries

1 per each 4 chapel seats

Business

 

Bowling alley

5 per alley

Food stores & drugstores

1 per 300 sq. ft. of gross floor area (over 4,000 sq. ft.: use 1 per 100 sq. ft. of gross floor area)

Commercial, retail, business personal services

1 per 300 sq. ft. of gross floor area, & 1 space per 1,000 sq. ft. of gross floor area used for storage.

Health spa or club

1 per 300 sq. ft. of gross floor area

Business & professional offices

1 per 300 sq. ft. of gross floor area

Banks or other financial

institutions

1 per 300 sq. ft. of gross floor area

Printing, publishing or

broadcasting

1 per 300 sq. ft. of gross floor area

Restaurant, lounge or establishment for the consumption of beverages on-premises

1 per 100 sq. ft. of floor area or 1 per 4 seats, whichever is greater

Drive-in restaurants

Subject to approval by the director

Shopping centers

1 per each 300 sq. ft. of gross floor area up to 15-acre center, & 1 per each 200 sq. ft. gross floor area for over 15-acre center

Convenience food stores

Subject to approval by the director

Mini-warehouse (self-storage units)

5 spaces at the office. Drive aisles must be 25—30 feet to provide additional parking area at individual storage units.

Marina

1 space per 4 wet slips, 1 space per 4 dry storage racks, & 1 space per 300 sq. ft. of office/retail space. Facilities which include boat ramps must have one vehicular parking space per boat trailer parking space.

Light Industrial uses

1 space per 1,500 sq. ft. of gross floor area up to 20,000 sq. ft., & 1 space per 2,500 sq. ft. of gross floor area in excess of 20,000 sq. ft., & 1 space per 300 sq. ft. of office area.

Heavy Industrial uses

1 space per 1,500 sq. ft. of gross floor area up to 20,000 sq. ft., & 1 space per 2,500 sq. ft. of gross floor area in excess of 20,000 sq. ft., & 1 space per 300 sq. ft. of office area.

(b) Special zones. Off-street parking requirements for existing buildings in the Downtown & St. Andrews Community Redevelopment Areas shall be calculated as follows:

(1) Past parking demands based on past use & floor area, on a case by case basis.

(2) Parking requirements for proposed new use based on existing parking requirements.

(3) If the new parking requirement exceeds the, current parking availability additional off-street parking must be provided.

(4) Additional off-street parking may be provided through private agreements with others or by agreements with the community redevelopment board to use space in public lots. Such agreements must be approved by the city commission. Such agreements must follow the provisions of subsection (a)(2) of this section.

(c) Location of off-street parking. The parking spaces shall be provided on the same lot as that of the structure it serves or within 500 feet of the principal entrance thereto, as measured along the most direct pedestrian walkway.

(d) Joint use of off-street parking space. No part of an off-street parking area required for any building or land use shall be used as a parking facility for another or other land use, except where the parking demands of different uses occur at different times which in turn shall be supported by:

(1) A notarized statement from all property owners involved stating that the activities of each building or land use, which creates a demand for parking occurs at different times.

(2) An agreement between the parties for maintenance of the parking area.

(3) An agreement providing that so long as there is not a conflict in the demand for parking between the different land uses that would violate the minimum standards of this chapter, the agreement would continue in full force & effect; otherwise it would terminate. Nothing in this division shall be construed to prevent the joint use of off-street parking space by 2 or more buildings or land uses if the total parking spaces when used together is more than the total requirements for the various individual land uses or buildings computed separately.

(e) Off-street parking lot requirements. All parking areas shall be surfaced with materials approved by the director; properly drained & landscaped; designed for pedestrian safety & provide direct access to a public street or alley. Each off-street parking space shall have a minimum width of nine feet & a minimum length of 20 feet. Each lot containing 5 or more spaces shall have an off-street vehicular maneuvering area so that no vehicle will be required to back into or from any public street or alley.

(f) Access between abutting areas. The director may require driveway access between abutting off-street parking areas when such access is considered necessary.

(g) Off-street loading & unloading requirements. There shall be provided on the same lot as that of the principal structures (other than single-family, duplex, triplex or quadraplex dwellings) adequate space for vehicular off-street loading, unloading, & the maneuvering of commercial vehicles. Any vehicular off-street vehicular maneuvering area shall be located within the parking area. All vehicular loading & maneuvering areas shall be surfaced with a dustless material, & shall have direct access to a public street or alley. A minimum of one such loading space shall be provided for all nonresidential buildings or structures where 6 or more parking spaces are required, plus one additional space for each 10,000 square feet (or fraction thereof) of area.

(h) Permanent reservation. The area reserved for off-street parking or loading shall not be reduced in area or converted to any other use unless the use it serves is discontinued or modified in a manner that does not require the use of the parking facility, except where equivalent parking or loading space is provided in accordance with the provisions hereof.

(i) Drainage. All parking or maneuvering areas shall be designed & engineered so that the drainage will run to the existing drainage structures or otherwise comply with criteria in article II, division 2 of this chapter.

(j) Handicapped parking requirements. Any commercial development or residential rental complex offering parking to the general public shall provide motor vehicle parking spaces for the exclusive use of physically disabled persons who have been issued parking permits pursuant to Florida Statutes in compliance with the following:

(1) All angled or perpendicular parking spaces shall be a minimum of 12 feet wide.

(2) Parallel parking spaces shall be located at the beginning or end of a block or adjacent to driveway entrances.

(3) Each parking space shall be conspicuously outlined in blue paint & shall be posted & maintained with a permanent, above-grade sign bearing the international symbol of handicapped accessibility & the caption “Parking by Disabled Permit Only.”

(4) All spaces shall have an adjacent access aisle of not less than 5 feet wide.

(5) All spaces shall be accessible to a curb ramp when necessary.

(6) The minimum number of special parking spaces shall be one per 25 total spaces up to 100 spaces & thereafter one additional space per 50 total spaces.           (CPLDR 1993, § 5-7.7; Ord. No. 2331, § 1, 11-25-2008)

Secs. 105-182—105-200. - Reserved

ARTICLE VI. - SUBDIVISION STANDARDS & PLAT APPROVAL

Sec. 105-201. - Scope.  This article establishes minimum standards for the platting of land & the development of commercial or residential subdivisions.                                              (CPLDR 1993, § 5-8.1)

Sec. 105-202. - Compliance.  All subdivision development & platting must comply with requirements of this article & F.S. ch. 177.            (CPLDR 1993, § 5-8.2)

Sec. 105-203. - Submission of documents & fees.

(a) Engineering documents. Plans, specifications & development documents shall be submitted to the city for review & shall be prepared by a professional engineer registered in the State of Florida.

(b) Required submittals. Documents to be submitted shall include the following:

(1) Plans: Four sets, or as specified;

(2) Specifications: Four sets, or as specified;

(3) Documents of other governmental agencies (permits from DEP, FDOT, COE, etc.): Two sets;

(4) “As built” utility plans & a location map; &

(5) Title & conveyance instruments of proposed restrictive covenants, deed restrictions, homeowner’s agreements, & other similar documents: Four copies each.

(c) Fees. The developer shall pay all fees associated with obtaining the development order, as well as all fees & deposits for utilities, before commencing construction.

(d) Development agreement. Prior to any plat approval by the city commission, the person, firm or corporation submitting the plat shall enter into a written agreement with the city guaranteeing the improvements set forth in the plat shall be installed as described. Alternatively, the developer may post a bond, or a security deposited deemed necessary by the city to ensure the installation of the requirement improvements.                     (CPLDR 1993, § 5-8.3)

Sec. 105-204. - Plat approval.

(a) Once the necessary documents, & fees & agreements have been submitted to the director, they shall be subject to the review of the planning board. Final approval of any plat is vested in the city commission.

(b) Upon final approval of a plat, the subdivider or developer shall deliver a reproducible Mylar of the recorded plat to the director, which shall become the property of the city.                   (CPLDR 1993, § 5-8.4)

Sec. 105-205. - Plat data requirements.  The following information shall be submitted to the director plus any additional information as deemed necessary by the director:

(1) Statutory requirements.

a. Certificate of title, certified survey name of the plat, & dedications pursuant to F.S. ch. 177.

b. An original drawing at a scale of 100 feet to one inch, or larger, on sheets 24 inches wide by 30 inches long, & if more than one is used, the sheets shall be indexed. The drawing shall comply with the requirement of F.S. § 177.091. In addition to the drawings mentioned above, computer disks shall be provided for all AutoCAD-produced drawings.

(2) Topographic drawings & data.

a. Ground elevations. Ground elevations based on a datum plane approved by the city, showing spot elevations along all drainage channels or swales at a minimum distance of 100 feet, except that slopes of more than 2% must show contours at every 5 feet if regular, & every 2 feet for irregular land surfaces.

b. Land conditions.

1. Hydrologic conditions, drainageways, waterways pursuant to article II, division 2 of this chapter;

2. Conservation & special treatment zones & environmentally sensitive canals;

3. Rock outcrop, wooded areas & trees identified as required by article II, division 3 of this chapter; &

4. All existing improvements & fixtures.

c. Subsurface conditions.

            1. Test results;

            2. Spot location of test on a site drawing;

            3. Depth to groundwater, unless test pits are dug to a depth of 5 feet.

d. Vicinity map. Map shall show existing improvements in & surrounding the plat, including:

1. Land use districts adjacent to the tract;

2. Transportation systems adjacent to the tract including all existing rights-of-way, railroads, & airports, as well as all prior easements or dedications for rights-of-way. The drawing shall indicate type of surface material used on each roadway & the elevation of the centerlines, curbs, gutters, & walls.

3. Utilities systems & facilities adjacent to the tract, including the location, size & invert elevation of sanitary, storm & combined sewers; location & size of water mains, gas lines, fire hydrants, & the location of electric poles, telephone poles, & streetlights.

e. Adjacent community services. Community services adjacent to the tract shall be submitted in a list or shown on a drawing, & shall include elementary & high schools, parks & playgrounds, places of significant employment, shopping centers, hospitals & churches, & any other public or nonpublic community features which may influence or be influenced by the proposed subdivision.

f. Subdivision plan. Overlay on a topographic survey shall be submitted showing the proposed layout of streets, blocks, & lots, alleys, easements, utilities, dedications, open spaces, & recreation areas. Location of proposed multifamily dwellings & other proposed developments shall be shown. Streets & other proposed improvements shall comply with F.S. ch. 177. (CPLDR 1993, § 5-8.5)

Sec. 105-206. - Plat design standards.

(a) Blocks & lots.

(1) Area. A block shall not exceed 1,200 feet or be less than 400 feet in length.

(2) Uses. The dimension of nonresidential lots shall provide for off-street parking & service facilities necessary for the intended use.

(3) Buffer. A buffer of at least 5 feet in width shall be provided along the length of the property line of lots abutting an arterial or collector roadways or other adverse use.

(4) Lots. Lot dimensions, setback, & like criteria shall comply with chapter 104. Double & reverse lot widths shall be avoided, unless they are necessary to separate a residential development from a vehicular traffic artery or to overcome unique topographic conditions.

(5) Monuments. The developer shall set monuments in accordance with the requirements of F.S. ch. 177. All other lot corners shall be marked with iron pipes not less than three-fourths inch in diameter & 24 inches long, set flush with the finished grade of the ground.

(b) Streets. All proposed rights-of-way shall be designed according to article V of this chapter & shall comply with:

(1) Grading. All streets, roads & alleys shall be graded to accommodate construction & pavement to the required cross section.

(2) Utility lines. The nearest edge of any paved surface shall not be closer than 15 feet to an existing electric or gas transmission line, & shall comply with the requirements of the National Electrical Safety Code.

(3) Fills. All suitable material from roadway cuts may be used to construct fills, approaches, & like endeavors. All excess materials shall be removed from the site according to sound engineering practices.

(4) Curbs & gutters. Permanent 6-inch concrete curbs with an integrated 18-inch concrete gutter, or a 24-inch concrete valley curb or dike curb & gutter, if approved by the director, shall be placed on the edge of all streets.

(5) Sidewalks & crosswalks. Sidewalks of 4 to 5 feet in width & 4 inches deep shall be constructed on both sides of streets unless deemed unnecessary by the director. Crosswalks may also be required by the director.

(6) Installation of utilities. Prior to cover-up, all utility systems shall be approved by the city.

(7) Protection of natural features. Streets or parkways may be required to run parallel to watercourses or be curbed to avoid the loss of natural features such as large trees, historical areas & like community assets protected by this Land Development Regulation.

(c) Pavement base. After preparation of the subgrade, the road bed shall be surfaced with four inches of compacted sand-asphalt hot mix. Where soil conditions are favorable the director may approve the use of 6 inches of compacted shell, sand-clay, or other suitable material. A stabilized subgrade to support the pavement base shall be prepared & stabilized to a minimum of 80 pounds per square inch, or as required by the then-current Florida Dept. of Transportation bearing method.

(d) Easements & dedications.

(1) Utility easements: Shall not be less than 20 feet in width.

(2) Where a watercourse, drainageway, channel or stream traverses a subdivision or tract, the owner shall grant the city a stormwater or drainage easement deemed necessary for the maintenance thereof.

(3) Streets shall be dedicated to the city upon completion.

(4) Where a proposed park, playground, school or other public use is located in whole or in part in a subdivision, the city may require the dedication or reservation of such area for such purpose.

(e) Large tracts or parcels. When land is subdivided into parcels larger than ordinary lots, the subdivision design shall provide for future street rights-of-way & land dedication areas for future resubdivision of the lots reasonably anticipated to occur with the passage of time.                                   (CPLDR 1993, § 5-8.6)

Sec. 105-207. - Design standards for stormwater management.  The design of stormwater & drainage control shall conform to the provisions set forth in article II, division 2 of this Code, & the requirements set forth herein.

(1) Cross drains. Piped cross drains shall be provided to accommodate the natural flow of water, & shall be of sufficient length to fully traverse the roadway & attendant slopes. The sizing of the drains shall be subject to the approval of the director, but in no case less than 18 inches. Cross drains shall be built on straight lines & grade, & laid on a firm base. Pipes shall be laid with the spigot end pointing in the direction of the flow & with the ends fitted & matched to provide tight joints & a smooth uniform invert. They shall be placed at a sufficient depth below the roadbed to avoid the pressure of impact, & in no event shall the top of the pipe be less than one foot below the surface or 6 inches below the base course, whichever is greater. All pipe material will be subject to the approval of the city.

(2) Ditches, swales, detention or retention ponds. All drainageways must be grassed & have sufficient easement width to allow access for maintenance equipment & vehicles.                 (CPLDR 1993, § 5-8.7)

Sec. 105-208. - Design standards for water supply & sanitary sewers.

(a) Water supply system.

(1) Water mains shall be constructed in such a manner to adequately serve domestic demands & fire protection needs.

(2) The sizes of water mains, their location & the types of valves & hydrants, & installation, shall conform to the specification of the Recommended Standards for Water Works, as it may be amended from time to time.

(3) The city may require the developer to install a larger water main than that needed to service a particular development, & if so, the difference between the price of the water main as needed & that required by city shall be paid by the city.

(4) The crossing of an existing paved city street will be bored, unless otherwise approved by the city.

(5) Testing of materials may be required to ensure

compliance with the standard specified in chapter 108

(b) Sanitary sewers.

(1) All subdivision lots in the service area of a public wastewater system shall be connected thereto.

(2) Minimum sanitary sewer grades & velocities:

Size

Grade

(%)

8” pipe

0.40

10” pipe

0.25

12” pipe

0.15

15” pipe

0.15

18” pipe

0.12

21” pipe

0.10

Minimum velocity shall be 2 f.p.s. at one-half full flow, or, in unusual cases, the city may approve 1.3 f.p.s. flows.

(3) All crossings of existing paved city streets will be bored, unless otherwise directed by the city.

(4) If a sanitary pumping station is required to service the area to be developed, the developer may be required to pay the prorated cost of any existing pumping so utilized based on the flow capacity from the development or the cost of enlarging the stations necessary to handle the sewage flows.

(5) Testing of materials may be required to ensure compliance with the standards set forth in chapter 108                                               (CPLDR 1993, § 5-8.8)

Secs. 105-209—105-239. - Reserved.

 

ARTICLE VII. - MANUFACTURED HOUSING STANDARDS

Sec. 105-240. - Public purpose.  The purpose of this article is to provide standards for the location & placement of individual manufactured homes & manufactured home subdivisions.(CPLDR 1993, § 5-9.1)

Sec. 105-241. - Applicability.  The use of mobile homes within the city limits (if not built in compliance with the federal manufactured housing construction & safety standards of the HUD Code or approved by DCA as a manufactured home, with insignia attached) is not allowed unless currently in existence & used as a single-family residence, & then only so long as continuously used as a single-family residence without a break in such use for more than 6 months or until any change in ownership, after which the right of use shall terminate & said mobile home shall be removed from the property. Manufactured homes shall comply with the requirements hereof.                                    (CPLDR 1993, § 5-9.2.1)

105-242. - Definitions.  When used in this ordinance, the following words & phrases have the meaning as defined in this section. Terms not defined herein have the same meaning as is found in section 101-3 & most dictionaries where consistent with the context. The terms “must,” “will,” & “shall” are mandatory in nature indicating that an action has to be done. The term “may” is permissive & allows discretion regarding an action. When consistent with the context, words used in the singular number include the plural, & those used in the plural number include the singular. Words used in the present tense include the future. The word “developer” includes a “firm,” “corporation,” “copartnership,” “association,” “institution,” or “person.” The word “lot” includes the words “plot,” “parcel,” “site” & “space.” The words “used” or “occupied” as applied to any land or include in its meaning the words “intended,” “arranged” or “designed,” “to be used” or “occupied.”

DCA: Florida Dept. of Community Affairs of the State of Florida.

DEO: Florida Dept. of Economic Opportunity of the State of Florida.

Double wide: An obsolete term used to describe a mobile home having a width of generally between 20 & 28 feet.

Dwelling: A or portion thereof designed, arranged, or used principally for residential occupancy, not including motels, hotels, boarding houses, or rooming houses.

HUD: U.S. Dept. of Housing & Urban Development.

Manufactured home: A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the site, bearing a label certifying that it is built in compliance with the federal manufactured housing construction & safety standards (24 CFR 3280) HUD Code, or inspected by an approved inspection agency conforming to the requirements of DCA, & bearing an insignia of approval. The term single-family dwelling shall include manufactured homes when placed on permanent foundations. For purposes of this Land Development Regulation, manufactured homes acceptable to be used for residential purposes within the city are distinguished by 2 types as follows:

(1) Residential design manufactured homes, (hereinafter referred to as RDMH structures) are manufactured homes also called “modular homes,” bearing a DCA seal, certifying code compliance, meeting the following residential design standards which shall be used in determinations of similarity in appearance between RDMH structures, with permanent foundations approved as provided in this subsection, & compatible in appearance with site-built housing which has been constructed in adjacent or nearby locations. An RDMH structure is not permitted to be used as a storage.

a. Minimum width of main body. Minimum width of the main body of the RDMH as located on the site shall be in excess of 16 feet, as measured across the narrowest portion. This is not intended to prohibit the offsetting of portions of the home.

b. Minimum roof pitch; minimum roof overhang; roofing materials. The pitch of the home’s roof shall have a minimum vertical rise of eight feet for each 12 feet of horizontal run & minimum roof overhang shall be 6 inches. The roof shall be finished with a type of shingle that is commonly used in conventional residential dwellings constructed in adjacent or nearby locations. Built-up composition roof may not be used.

c. Exterior finish; light reflection. The exterior siding of the home shall consist of wood, hardboard, brick, masonry, or vinyl which is generally acceptable for site-built housing which has been constructed in adjacent or nearby locations; provided, however, that reflection for such exterior shall not be greater than from siding coated with clean white gloss exterior enamel.

d. Foundation. The tongue, axles, transporting lights, & towing apparatus shall be removed & the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed. Construction of a permanent, nonload bearing, perimeter curtain wall of concrete block, with minimum thickness of 4 inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation & access.

e. Site orientation of the manufactured home. RDMH structures shall be placed on lots in such a manner as to be compatible with & reasonably similar in orientation to the site-built housing which has been constructed on adjacent or nearby locations.

(2) Standard design manufactured homes (hereinafter referred to as SDMH structures) are manufactured homes certified as meeting HUD Code, but not meeting residential design standards contained herein. An SDMH structure is not permitted to be used as a storage. The tongue, axles, transporting lights, & towing apparatus shall be removed & the home installed on a site-built, permanent foundation that is not designed to be moved once it is installed.

Manufactured home lot: An area of land within a planned manufactured home subdivision designed to accommodate one manufactured home.

Manufactured home subdivision: A parcel developed & intended for use as a residential area occupied by manufactured homes; & conforming to an approved development plan with appropriate & adequate community services, recreation facilities, utilities, streets, & sidewalks provided by the developer; where the resident owns the manufactured home & the manufactured home lot or where the resident rents the manufactured home & lot, both of which are owned as one by the developer or other third party. All manufactured homes located within a manufactured home subdivision must be installed in accordance with section 105-244, & all manufactured home subdivisions shall be designed in accordance with the applicable provisions of section 105-245

Manufactured housing: A general term used to describe a type of housing that is produced, either completely or partially in a factory.

Mobile home: An obsolete term used herein to describe a home, prefabricated in whole or part & not complying with the HUD Code or DCA requirements & without DCA insignia.

Mobile home park: An obsolete term used to describe an area where spaces are rented to mobile home owners. It is no longer authorized for new developments.

National manufactured home construction & safety standards: The national code for all manufactured homes built since June 15, 1976, written & administered by the U.S. Dept. of Housing & Urban Development; also known as the “HUD Code.”

Prefabricated home: A general term used to describe any home constructed in a factory setting including manufactured homes, modular homes & industrialized homes.

Sectional home: A general term used to describe any home constructed in a factory setting, especially manufactured homes.

Single-wide: An obsolete term used to describe a mobile home or manufactured home having a width of between 8 & 16 feet.

Trailer: An obsolete term used to describe a mobile home not constructed to HUD Code or DCA requirements.

Trailer court: An obsolete term. See “mobile park.”

Trailer park: An obsolete term. See “mobile park.”

Travel trailer: A vehicle designed as a temporary dwelling for travel or recreational uses, not more than 8 feet in width & not more than 30 feet in length.

Travel trailer park: A lot on which are parked 2 or more travel trailers for a period of less than 30 days.

Wall curtain: A nonload bearing perimeter curtain wall of concrete block or stucco on wire mesh, with a minimum thickness of 4 inches, extending at a minimum from the ground surface to the bottom starter of the exterior wall surfaces of the home, unpierced except for required ventilation & access.                                                      (CPLDR 1993, § 5-9.2.2)

Sec. 105-243. - Placement of individual manufactured homes.

(a) After the effective date of this article, an individual mobile home dwelling unit may not be located within the city unless: it has been approved as either an RDMH or SDMH structure & meets all other requirements of this Land Development Regulation.

(b) After the effective date of this article, only residential designed manufactured homes approved as RDMH structures, shall be permitted to be placed in Mixed Use Districts zoned MU-2, MU-3, & UR-3 as an allowable use, subject to the requirements & limitations which shall be applicable to districts set out in section 104-30 & this article applying to such residential use, including minimum lot size, yard & spacing, setback requirements, percentage of lot coverage, off-street parking requirements & approved foundations as described herein. Such RDMH structures shall be placed on lots in such a manner as to be compatible with & reasonably similar in orientation to the site built housing which has been constructed in adjacent or nearby locations.

(c) After the effective date of this article, standard designed manufactured homes approved by HUD may be placed only:

1. in districts zoned UR-3;

2. as a temporary government office on government property;

3. as a temporary classroom on school property;

4. as a temporary construction office (no sleeping quarters allowed) on a construction site approved by a valid development order; or (e) as a replacement for a previous mobile home of the same approximate size in a mobile home park, where the park was in existence prior to 1999, & when said mobile home replaced has not been removed for more than 6 months.

(d) All manufactured homes must be installed in accordance with those regulations promulgated by DCA pursuant to F.S. § 553.38(1), & those local requirements of the city as authorized under F.S. § 553.38(2), relating to the following:

            (1) Land use & zoning requirements;

            (2) Fire zones;

            (3) setback requirements;

            (4) Side & rear yard requirements;

            (5) Site development requirements;

            (6) Property line requirements;

            (7) Subdivision control;

            (8) Onsite installation requirements;

            (9) Review & regulation of architectural &

                        aesthetic requirements;

            (10) Landings of the requisite composition

             & size as per the Florida Building Code.

(e) Manufactured homes, once placed on real property, as herein authorized, must be returned for ad valorem tax purposes annually as an improvement to & part of the real property.

(f) Manufactured homes are not permitted to be used as storage buildings.            (CPLDR 1993, § 5-9.3)

Sec. 105-244. - Manufactured home subdivisions.

(a) Manufactured home subdivisions are allowed in UR-3 zoning districts for RDMH homes only.

(b) The minimum parcel area for a subdivision shall be seven acres; the minimum parcel width for portions used for entrances & exits for residential purposes shall be 200 feet. The density of manufactured homes shall not exceed 6 manufactured home lots per acre. The minimum lot area shall be 5,000 square feet; & the minimum lot width shall be 50 feet. At least 50 % of the planned lots shall be completed, which shall include water, sewer, other utilities, storm water treatment, & landscaping, before a certificate of acceptance is issued.

(c) A manufactured home in a manufactured home subdivision shall not be less than 14 feet from another manufactured home. The following minimum setbacks shall apply for manufactured homes located on lots within a manufactured home subdivision:

(1) Front: 25 feet from lot line;

(2) Side(s): 7 feet from lot line;

(3) Rear: 15 feet from lot line;

(4) For curved, cul-de-sac, or odd-shaped lots: As required by the director.

(d) No manufactured home shall be permitted within 25 feet of a street, right-of-way or perimeter lot line.

(e) Each manufactured home lot shall have either a stabilized pad of not less size than the outer perimeter of the approved manufactured home intended to be set thereon or an approved foundation & an outdoor concrete patio of at least 180 square feet located near the main entrance. Manufactured homes located in manufactured home subdivisions shall have the wheels, axles & tongue removed, the bottom of the trailer shall be enclosed with a customary mobile home screen or skirt, & it shall have an entrance porch & an improved driveway. Where lots on the perimeter of the subdivision abut an adjacent single-family development, they shall:

(1) Contain only RDMH structures meeting all residential design standards in accordance with these regulations; or

(2) Provide a 25-foot landscaped buffer from the property line; or

(3) Provide a screening material along the property line such as a solid fence or wall not less than 6 feet high.

(f) All utilities shall be below ground except central pumps or tanks, which shall be fully screened from view.

(g) Each manufactured home subdivision shall contain one or more developed recreation areas, accessible to all sites. The recreational area shall not be less than 1,000 square feet for each 6 manufactured home sites.

(h) A landscaped buffer not less than 25 feet in width shall be located along the boundary of each manufactured home subdivision except where crossed by driveways.

(i) Accessory buildings may not be placed on lots located along the perimeter of the subdivision; & otherwise only in the rear yard at least 3 feet from the property line.

(j) Each manufactured home lot shall have 2 improved parking spaces.

(k) All streets in manufactured home subdivisions must be paved & comply with the following minimum road widths: one-way streets not less than 14 feet; 2-way streets not less than 24 feet, if dedicated to & maintained by the city; however, if maintained as private drives: one-way streets, not less than ten feet; 2-way streets not less than 20 feet.

(l) All manufactured home subdivisions shall provide for & have central refuse containers, appropriately grouped & screened.

(m) There shall be 3 parking spaces for each 300 square feet of service buildings.

(n) All manufactured homes located within the subdivision shall be required to be installed according to the HUD Code, regulations promulgated by DCA pursuant to F.S. § 553.38(1), & those local requirements authorized by F.S. 553.38(2). No certificate of occupancy shall be issued by the administrative official until compliance with these regulations is met.

(o) The owner of each lot in a manufactured home subdivision shall annually return his/her lot & the manufactured home thereon as an improvement to real estate for ad valorem tax purposes.

(p) All manufactured housing developments approved prior to the adoption of this article shall be declared conforming developments & shall be exempt from these regulations for minimum lot size, area, & setbacks when permits are requested for replacement of existing manufactured or mobile homes.                                           (CPLDR 1993, § 5-9.4)

Sec. 105-245. - Parking.  No unoccupied mobile homes shall be stored or parked in any residential district or public place.       (CPLDR 1993, § 5-9.5)

Sec. 105-246. - Temporary permit for use during construction.  A temporary permit may be obtained from the official for the temporary use of a mobile home used exclusively as an on-site office during construction of a project.             (CPLDR 1993, § 5-9.6)

Sec. 105-247. - Temporary permit for use as office.  The official may issue a temporary permit for the use of a mobile home as an office in all districts of the city except RLD provided the use is limited to the sale of units in a multifamily housing development, & the manufacturer of the mobile home is an approved manufacturer by the State of Florida. The permits issued pursuant to this provision shall be limited to a period of one year from date of issuance. Mobile homes used as a sales office must comply with all tiedown, landscaping, utility connections, parking & skirting requirements, set forth herein.                                      (CPLDR 1993, § 5-9.7)

Secs. 105-248—105-272. - Reserved.

ARTICLE VIII. - MARINA DEVELOPMENT STANDARDS

Sec. 105-273. - Public purpose. The development & operation of marinas is an activity potentially detrimental to recreation, fish life, navigation, waterfront accessibility & aesthetic values shared by the public at large, & shall be properly managed according to the minimum standards of this section. The purpose of this section is to provide standards & criteria intended to minimize the potential detrimental effects caused by marina development.                                                               (CPLDR 1993, § 5-10.1)

Sec. 105-274. - Applicability.  The standards & criteria set forth in this section shall apply to all new marina developments & the expansion of any existing marina.                                      (CPLDR 1993, § 5-10.2)

Sec. 105-275. - Other permits or approvals.  All required permits & approvals from government agencies having jurisdiction over a marina development are a prerequisite to the issuance of a development order by the city. Notwithstanding the above, the city may issue a letter of intent if such letter is necessary to obtain the required permits or approvals from other agencies provided the developer (or the applicant) has provided the city with reasonable assurances the other required permits or approvals can be obtained.     (CPLDR 1993, § 5-10.3)

Sec. 105-276. - Types of marinas.  Marinas are classified & defined as follows:

(1) Commercial marina, which is defined as a facility offering in-water boat dockage or slip rentals not associated with fabrication, construction, repair or maintenance of boats or vessels or the removal of boats or vessels from the water for such purposes. Any docking facility, with or without dock or slip rentals, providing fuel or offering merchandise for sale shall be deemed a commercial marina.

(2) Marine facility, which is defined as a business associated with the construction, fabrication, refurbishing, maintenance, repair (including equipment installation) of boats & vessels, or the removal of any boat or vessel from the water for any such purpose. A marine facility will not be considered a marina for any purpose.

(3) Private marina, which is defined as any dock or facility offering spaces for boat dockage or slip rentals, the use of which is restricted to membership in a private club or organization, including yacht clubs, boating clubs, boating& sailing associations, & other like & similar types of organizations.  

                                                                       (CPLDR 1993, § 5-10.4)

           

Sec. 105-277. - Location by land use district.

(a) All marinas are prohibited in RLD districts.

(b) Marinas may be allowed in MU & GC districts as conditional uses & as allowable uses in LI & HI districts.

(c) Any marina facility must be located in LI or HI land use districts.                             (CPLDR 1993, § 5-10.5)

Sec. 105-278. - Location criteria & development standards.  All new marinas or marina expansions shall comply with the following criteria & standards:

(1) The upland area must be of sufficient size to accommodate parking, utility & support facilities;

(2) Provide public access, if applicable;

(3) Not be located in an area identified as inappropriate for marina development in the Marina Siting Study for West Florida (West Florida Regional Planning Council; June 1984) unless appropriate mitigating actions are taken;

(4) Demonstrate the capability to provide cleanup of oil spills within boundaries of the leased area;

(5) Provide a hurricane mitigation & evacuation plan for residents of live-aboard vessels;

(6) Designate future upland spoil site(s) for maintenance dredging activities, if applicable;

(7) Be located in a manner to afford immediate access to natural channels so that minimum or no dredging shall be required;

(8) All marinas will provide pumpout facilities or holding tanks adequate to serve the anticipated volume of waste. Commercial marinas & those with live-aboard traffic must provide upland sewage facilities & shall prohibit inappropriate sewage pumpout;

(9) Maintain water quality standards required by F.S. ch. 403;

(10) Be located in areas having adequate water depth to accommodate the proposed boat use without disturbance of bottom habitats;

(11) Delineate immediate access points with channel markers that indicate speed limits & any other applicable regulations or conditions;

(12) Be located in appropriate land use districts;

(13) Be located in areas away from sea grass beds, oyster reefs & other important fish & shellfish spawning & nursery areas;

(14) Demonstrate a public need & economic viability & feasibility;

(15) Prohibit the discharge from any boat or vessel of any oil, fuel, grease, paint, solvent, construction debris, or other similar substances.

                                                                       (CPLDR 1993, § 5-10.6)

ARTICLE IX - PARKING & STORAGE OF PORTABLE STORAGE CONTAINERS & CONSTRUCTION             DUMPSTERS -- PERMITS

Sec. 105-280. – Definitions.    As used herein, the phrases below shall have the following definitions:

(a) CONSTRUCTION DUMPSTERS: A large container designed to receive, transport & dump construction debris. A “construction dumpster” is a mobile waste container which is moved from the generation point to the disposal or transfer/processing point over roadways within the City.

(b) PORTABLE STORAGE CONTAINERS: A transportable enclosure rented for use as temporary, on-site storage. Portable storage containers are also commonly referred to using the trade name “PODS”.

Sec. 105-281. – Permit Required.    Any owner or

occupier of residential property who causes or allows a portable storage container or construction dumpster to be parked, placed or stored on a residential lot must obtain within 5 business days, a portable storage container/construction dumpster permit from the City. Such permit shall permit a portable storage container or construction dumpster to be parked, placed or stored within the City for up to 60 days & shall include the portable storage container/ construction dumpster’s serial/rental number, the name & address of lot owner/ occupant, date of its placement on the lot, date that removal is required & local telephone number of the provider of the portable storage container or construction dumpster. This Article does not apply to individuals building a new single family residence.

(a)  A portable storage container or construction dumpster may be parked, placed or stored on a residential lot abutting the right-of-way for more than 60 days if the residence is under construction or reconstruction pursuant to a valid building permit. The portable storage container or construction dumpster shall be removed no later than 10 days after the expiration of the building permit or substantial cessation of construction for a period of more than 60 days, whichever is sooner.

(b)  Notwithstanding anything above, the permit period may be extended by the Planning Director for additional periods of up to 60 days upon good cause shown.

(c)  There shall be no fee for the permit; however, the Planning Director is authorized to pass through all City costs to any person &/or lot owner who causes the City to incur costs for inspections, cleanup, removal or to otherwise remedy violations of this Article.

Sec. 105-282. – Placement. No portable storage

container or construction dumpster may be parked, placed or stored on the paved surface of any public or private street of the City or within the public rights-of-way of the City. Any portable storage container or construction dumpster that is placed within the City must be placed on an asphalt, concrete, gravel, or hard paved surface.

Sec. 105-283. – Display of Permit. All residential lots permitted to have a portable storage container or construction dumpster parked, placed or stored on such residential lot must display the permit on the inside of a window or door of the residence, which permit shall be visible from the right-of-way.

Sec 105-284. – Setbacks. No portable storage container or construction dumpster may be parked, placed or stored closer than 7 feet from the side or rear property line & 10 feet from the front property line.

Sec. 105-285 – Portable storage containers. In addition to the requirements of Section 105-282 above, all portable storage containers on residential lots must also meet the following requirements:

a) The portable storage container shall only be moved, delivered or removed between the hours of 7:00 A.M. & 6:00 P.M.;

(b)  The portable storage container shall not be used for living quarters;

(c) The portable storage container shall not be used to store flammables, explosives, firearms or noxious chemicals;

(d) No items, equipment or materials may be stored outside the portable storage container at any time;

(e) The portable storage container shall not be externally illuminated or have any utilities connected to it; &

(f)  The portable storage container shall not exceed 81/2 feet in height, 8 feet in width or 16 feet in length.

Sec. 105-286 – Construction dumpsters. In addition to the requirements of Section 105-282 above, all construction dumpsters on residential lots must also meet the following requirements:

(a) All construction dumpsters shall be subject to & comply with the provisions of Chapter 23, Article IV, the City’s Solid Waste Code;

(b) No waste shall be kept, stored or accumulated outside a construction dumpster;

(c) Construction dumpsters shall be kept free from standing water, non-construction wastes, vermin & insects or other nuisances; &

(d) The construction dumpster shall only be moved, delivered or removed between the hours of 7:00 A.M. & 6:00 P.M. Monday through Saturday.

Sec. 105-287 – Violations.   Portable storage

containers or construction dumpsters kept in violation of this Section shall be subject to permit revocation &/or immediate removal in addition to being a violation punishable pursuant to Chapter 102, Article V of the Municipal Code of the City of Panama City. Failure to obtain a permit pursuant to this Section is a violation punishable pursuant to Section 102-114 of the Code.