§ 62-1571. Environmental areas, EA.

The EA environmental area zoning classification recognizes the natural resource components as defined and provided for by the provisions of the conservation element of the comprehensive plan. The purpose is to conserve natural resource functions and features by retaining lands and waters in their pristine character and condition, but permit uses which are compatible with or which shall enhance or restore the functions and features of such natural resources. Specific criteria for lands to be considered for EA zoning are contained in subsection (9) of this section.

(1)

Permitted uses.

a.

Permitted uses are as follows:

Single-family detached residential dwelling unit.

Passive recreation.

b.

Permitted uses with conditions are as follows (see division 5, subdivision II, of this article):

Group homes, level I, subject to the requirements set forth in section 62-1835.9.

Preexisting use.

(2)

Accessory buildings or uses. Accessory buildings and uses customary to residential uses are permitted. (Refer to definition cited in section 62-1102 and standards cited in section 62-2100.5).

(3)

Conditional uses. Conditional uses are as follows:

Development rights receipt and transfer.

Substantial expansion of a preexisting use.

Temporary living quarters during construction of a residence.

Wireless telecommunication facilities and broadcast towers.

(4)

Minimum lot size. An area of not less than ten acres is required, having a width of not less than 125 feet and a depth of not less than 125 feet.

(5)

Setbacks.

a.

Principal structures shall be set back not less than 25 feet from the front or side street lot line, ten feet from the side lot lines, and 20 feet from the rear lot line. If a corner lot is contiguous to a key lot, then the side street setback shall not be less than 25 feet.

b.

Accessory structures shall be located to the rear of the front building line of the principal building or structure and set back not less than 10 feet from side and rear lot lines.

(6)

Maximum lot coverage. The total lot coverage by structures, excluding accessory structures, shall not exceed 3,000 square feet.

(7)

Fill. The placement of fill on the lot shall be limited to the minimum required for a single vehicular accessway, house pad and septic system. Where fill is utilized for vehicular accessways traversing wetlands, a 12-inch culvert must be installed at intervals of 25 feet to provide for adequate surface water flow circulation. This requirement may be waived upon the review and approval of the office of natural resources management.

(8)

Criteria for lands to be considered for EA zoning classification.

a.

This classification shall include wetlands identified on the National Wetlands Inventory Maps prepared by the U.S. Department of the Interior. The boundaries may be adjusted by the zoning official if the property owner shows proof through a site-specific vegetation and soil survey that all or a portion of the site should not be classified as a wetland.

b.

This classification shall include islands, which shall be identified as any land mass surrounded on all sides by water. Islands may be naturally formed or manmade by spoiling processes. An exception shall be made where an island is connected to the mainland, Merritt Island or Barrier Island via an existing bridge.

c.

This classification shall include the dune beach, which is identified as all land easterly of the county coastal construction setback line.

(9)

Maximum height of structures. Maximum height of structures is 35 feet.

(Code 1979, § 14-20.15(A); Ord. No. 95-47, §§ 68, 69, 10-19-95; Ord. No. 97-49, § 10, 12-9-97; Ord. No. 98-12, § 17, 2-26-98; Ord. No. 01-30, § 18, 5-24-01; Ord. No. 2002-49, § 35, 9-17-02; Ord. No. 2003-03, § 29, 1-14-03; Ord. No. 2004-52, § 30, 12-4-04; Ord. No. 2007-59, § 29, 12-6-07; Ord. No. 2010-22, § 8, 11-23-10; Ord. No. 2014-30, § 2, 10-2-14)