WHEREAS, the Board of County Commissioners desires that all regulations pertaining

Transcription

1 ORDINANCE NO SEMINOLE COUNTY, FLORIDA AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF SEMINOLE COUNTY, FLORIDA, ADDING THE FOLLOWING DEFINITIONS TO SECTION 2.3: NATURAL WATER BODY AND NORMAL HIGH WATER ELEVATION ; AMENDING THE DEFINITION OF PRINCIPAL BUILDING ; AMENDING SECTION TO REQUIRE THAT SETBACKS FOR SWIMMING POOLS AND SCREEN ENCLOSURES BE MEASURED FROM THE NORMAL HIGH WATER ELEVATION; AMENDING CHAPTER 30, PART 70, TO ADD SECTION , REQUIRING A 50-FOOT SETBACK FOR PRINCIPAL BUILDINGS FROM NATURAL WATER BODIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners desires to update the Seminole County 14 Land Development Code to more effectively implement the Seminole County Comprehensive Plan; and 16 WHEREAS, the Board of County Commissioners desires that all regulations pertaining to natural water bodies and related features be clear in their meaning and impacts; and 18 WHEREAS, the Board of County Commissioners finds that the physical integrity of all construction adjacent to natural water bodies, with their potential to rise to unexpected levels, is 20 of paramount importance; and WHEREAS, the Board of County Commissioners desires that the County s land 22 development regulations should achieve their purpose and intent with the greatest possible efficiency; and 24 WHEREAS, an Economic Impact Statement has been prepared and is available for public review in accordance with the provisions of the Seminole County Home Rule Charter; and 26 WHEREAS, the private property rights analysis relating to this Ordinance has been prepared and made available for public review in accordance with the requirements of the 28 Seminole County Comprehensive Plan; and Page 1 of 5

2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 30 COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA: Section 1. Amendments to Chapter 2, Section 2.3, Definitions. Chapter 2, Section of the Land Development Code of Seminole County is amended as follows: 34 Natural Water Body : A naturally occurring, non-manmade water body, including a natural lake, a natural creek, stream or river. 36 Normal High Water Elevation : The Normal High Water Elevation (NHWE) shall 38 constitute the landward edge of any natural surface water body during normal hydrological conditions and is an elevation determined by the Public Works Director or his designee through 40 compilation of relevant, available evidence specific to a particular water body. 42 Ordinary high water line: A water mark on the banks of a surface water body where the presence and action are so common and usual and so long continued in all ordinary years, as to 44 mark upon the soil of the bed a character distinct from that of the banks, in respect to vegetation, as well as respects the nature of the soil itself or the highest level to which a wetland is normally 46 inundated, given normal year-to-year water level fluctuations. 48 Principal building Building : Any structure which is designed, built or used for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind for 50 any residential, commercial, or industrial purpose. A building in which the main or principal use of the property is conducted, whether residential, commercial, industrial, or other. A garage, Page 2 of 5

3 52 carport, or other feature shall be considered part of the Principal Building if it is structurally attached with a minimum of a breezeway at least six (6) feet in width. 54 Section 2. Amendments to Chapter 30, Part 70, Supplemental Regulations. Chapter 30 of the Land Development Code of Seminole County is amended as follows: 56 Sec Location of swimming pools and pool screen enclosures. 58 (a) The water s edge of a pool shall be located no closer than a minimum distance of ten (10) feet to from the side and rear property line of a lot, parcel, or piece of land upon which it 60 is located. nor It shall it not be located any closer to the front lot line of a lot, parcel, or piece of land than the main or principal building Principal Building or residence to which it is an 62 accessory. For the purpose of this section Section, any corner lot shall be treated as having front yards on any side abutting a road right-of-way. No The water s edge of a pool shall be located 64 less than a minimum distance of thirty (30) feet from the shoreline of a natural water body Natural Water Body as determined by the mean high water mark Normal High Water Elevation. 66 (b) Any pool screen enclosure shall comply with the side yard setback requirement for the main residential dwelling Principal Building and shall be no less than located a minimum 68 distance of five (5) feet from the rear property line. nor It shall it not be located nearer to the front lot line of a lot, parcel or piece of land than the main or principal building or residence to 70 which it is an accessory Principal Building. For the purpose of this section Section, any corner lot shall be treated as having front yards on any side abutting a road right-of-way. No A screen 72 enclosure shall be erected located a minimum distance of less than twenty-five (25) feet from the shoreline of a natural shoreline Natural Water Body as determined by the mean high water mark 74 Normal High Water Elevation. Page 3 of 5

4 76 (d) For the purpose of this section Section, the mean high-water mark shall mean the mean high-water mark established by the County or by the State. In those instances where the 78 mean high-water mark has not been established, the Development Review Manager or his/her designee shall determine the said mark in accordance with available historical data terms 80 Natural Water Body and Normal High Water Elevation shall be as defined in Section 2.3 of this Code. Where setbacks are required under this Section, the Normal High Water Elevation 82 shall be as established by the County and field-verified by a professional surveyor, and must be shown on a certified survey that is no more than five (5) years old. 84 (e) Pool grading shall not affect adjacent properties and the pools shall be designed so that the backwash discharges to the street, unless otherwise approved by the Public Works 86 Director or designee. All pool construction and maintenance must comply with Chapter 270, Part 9, Storm Sewer System Discharges, of the Seminole County Code of Ordinances and Chapter , Erosion and Sediment Control, of the Public Works Department Engineering Manual. Sec Reserved. Minimum setbacks from water bodies. New Principal 90 Buildings in all zoning districts on lots or parcels legally created after the effective date of these regulations shall be located a minimum distance of fifty (50) feet from the shoreline of Natural 92 Water Bodies as determined by the Normal High Water Elevation. For the purposes of these regulations, legally created shall include having received Preliminary Subdivision Plan approval 94 pursuant to Chapter 35 of the Land Development Code of Seminole County. New Principal Buildings in all zoning districts on lots or parcels that were legally created or have received 96 Preliminary Subdivision Plan approval prior to the effective date of these regulations shall meet the setback from the shoreline of Natural Water Bodies in effect at the time the Preliminary 98 Subdivision Plan was approved or the lot or parcel was created. The terms Natural Water Body and Normal High Water Elevation shall be as established by the County and field-verified by a Page 4 of 5

5 100 professional surveyor, and must be shown on a certified survey that is no more than five (5) years old. 102 Section 2. Codification. It is the intention of the Board of County Commissioners that 104 the provisions of this Ordinance will become and be made a part of the Land Development Code of Seminole County, and that the word ordinance may be changed to section, article, or 106 other appropriate word or phrase and the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; providing, however, that the Sections 2, 3, and 4 of this 108 Ordinance shall not be codified. Section 3. Severability. If any provision of this Ordinance or the application thereof to 110 any person or circumstance is held invalid, it is the intent of the Board of County Commissioners that such invalidity will not affect other provisions or applications of this Ordinance which can 112 be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. 114 Section 4. Effective date. This Ordinance will take effect upon filing a copy of this Ordinance with the Department of State by the Clerk to the Board of County Commissioners. 116 BE IT ORDAINED by the Board of County Commissioners of Seminole County, this day of, ATTEST: BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida MCC/sjs 2/10/15 P:\CAO Protected\Misc\Master Docs\SJS Ordinances\2015\ Feb10(15).docx BRENDA CAREY, Chairman Page 5 of 5