§ 62-3694. Permitted uses.

(a)

The following uses shall be permitted provided they do not adversely affect the functions of wetlands within the county:

(1)

Non-bona fide agricultural and forestry operations utilizing best management practices, which do not result in permanent degradation or destruction of wetlands;

(2)

Recreation;

(3)

Fish and wildlife management; and

(4)

Open space.

Pursuant to the Florida Agricultural Lands and Practices Act (F.S. ch. 163.3162(4)), any activity of a bona fide agricultural use on land classified as agricultural land pursuant to F.S. § 193.461 is exempt.

(b)

As an alternative to filling, functional isolated wetlands may be utilized within the surface water management system of a project as approved by the county.

(c)

The following land use and density restrictions are established as a maximum density or most intense land use within wetlands that may be considered only if other criteria established in Conservation Element Policy 5.2 of the county comprehensive plan are met:

(1)

Residential land uses within wetlands that are a part of a formal subdivision or site plan, on properties containing wetlands shall be limited to the following:

a.

Residential land uses within wetlands shall be limited to not more than one dwelling unit per five acres unless strict application of this policy renders a legally established parcel as of September 9, 1988, which is less than five acres, as unbuildable. The preceding limitation of one dwelling unit per five acres within wetlands may be applied as a maximum percentage limiting wetland impacts to not more than one and eight-tenths percent of the total non-commercial and non-industrial acreage on a cumulative basis as set forth in section 65-3694(c)(6), for subdivisions and multi-family parcels greater than five acres in area, new town overlays, PUDs, and if applicable, mixed-use land development activities as specified in section 65-3694(c)(5).

b.

For development activities on property greater than five acres, density may be transferred to an upland portion of the site if consistent with all county land development regulations and compatible with adjacent uses.

c.

Except as allowable in section 65-3694(c)(1)a., subdivided lots and multi-family parcels shall contain sufficient uplands for the intended use and for any buffering necessary to maintain the function of the wetland(s), and shall be compatible with adjacent uses.

(2)

Residential land uses within wetlands and created by metes and bounds, which are not part of a formal subdivision, on properties containing wetlands shall be limited to the following:

a.

Residential land uses within wetlands shall be limited to not more than one dwelling unit per five acres unless strict application of this policy would render a legally established parcel as of September 9, 1988, which is less than five acres, as unbuildable. The preceding limitation of one dwelling unit per five acres within wetlands may be applied as a maximum percentage limiting wetland impacts as described in section 65-3694(c)(1)a. Application of the one-unit-per-five-acres limitation shall limit impacts to wetlands for single family residential development on a cumulative basis, to not more than one and eight-tenths percent of the total property as defined in section 65-3694(c)(6).

b.

Except as allowable in section 65-3694(c)(2)a., properties shall contain sufficient uplands for the intended use and for any buffering necessary to maintain the function of the wetland(s), and shall be compatible with adjacent uses.

c.

In addition to impacts allowable in section 65-3694(c)(2)a., on properties where sufficient uplands for the intended use and for any buffering necessary to maintain the function of the wetland(s) exist except for access, wetland impacts may be permitted for single access to the uplands.

(3)

Commercial and industrial land development activities shall be prohibited in wetlands contained in properties designated on the future land use map as commercial or industrial, and in surrounding upland buffers for such wetlands, except as provided below for I-95 interchanges, mitigation qualified roadways, abutting properties, and access to uplands. In no instance shall a proposed land development activity result in increased flooding on adjacent properties. Where the state does not require a buffer, wetland buffers shall be established in accordance with section 62-3694(c)(10). Where impacts are permitted, the applicant is encouraged to propose innovative wetland preservation alternatives. Where the state does not require mitigation for any wetland impact, mitigation shall be provided to meet the county's no net loss policy as defined in section 62-3696.

a.

I-95 interchanges. Impacts to wetlands are permittable for commercial or industrial land development activities on a property that is designated as commercial or industrial on the future land use map, and the proposed wetland impacts are entirely located within one-half mile of the intersection of the off-ramp of the I-95 interchange with the connecting roadway. The one-half mile radius shall be measured from the end of the limited access boundary of I-95. This shall not include those interchanges where I-95 intersects a limited access highway as defined by state statute.

b.

Mitigation qualified roadways. On properties with frontage on mitigation qualified roadways, commercial or industrial land development activities may be permitted in wetlands if the property is designated for commercial or industrial land uses on the future land use map. Mitigation qualified roadways are depicted and identified in a table on map 8 of the comprehensive plan conservation element. An amendment to the comprehensive plan shall be required to add a mitigation qualified roadway to map 8 and the associated table.

For a project that encompasses multiple properties assembled under one site plan development order, wetland impacts for those properties without direct frontage on the mitigation qualified roadway may be permitted only if the properties are combined so that any proposed wetland impact is contained within a property with direct frontage on the mitigation qualified roadway. The assemblage shall be deed restricted for commercial or industrial use.

Wetlands proposed for impact shall be assessed using methodologies established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), to determine if they meet the criteria of high functioning wetlands or landscape level wetlands. Impacts to high functioning and landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.

c.

Abutting properties. Commercial or industrial land development activities may be permitted in wetlands contained in properties designated for commercial or industrial land uses on the future land use map prior to February 23, 1996, if the property abuts land(s) developed as commercial or industrial as of December 31, 2010, and has sufficient infrastructure available to serve the commercial or industrial use. This shall not apply to properties that are addressed under section 62-3694(c)(3)a., b., and d.

Wetlands proposed for impact shall be assessed using methodologies established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), to determine if they meet the criteria of high functioning wetlands or landscape level wetlands. Impacts to high functioning and landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.

d.

Access to uplands. Impacts to wetlands for commercial or industrial land development activities limited solely to providing access to uplands, and for no other purpose than providing access as required by the county land development regulations, may be permitted in wetlands contained in properties designated on the future land use map as commercial or industrial of February 23, 1996, only if all of the following criteria are met:

1.

Sufficient uplands exist for the intended use except for access to uplands, and

2.

The property was not subdivided from a larger property after December 31, 2010. This shall not preclude a single shared access through wetlands for properties subdivided after December 31, 2010.

(4)

Institutional and residential professional development activities within wetlands shall be limited to the following:

a.

Institutional or residential professional land development on properties which contain wetlands and which are designated on the future land use map as neighborhood commercial or community commercial shall be considered commercial as set forth in section 62-3694(c)(3). The property shall have sufficient infrastructure available to serve the use.

b.

Institutional or residential professional land development on properties which contain wetlands and which are designated on the future land use map as residential shall be limited to properties of at least five acres unless strict application of this policy renders a legally established parcel as of September 9, 1988, which is less than five acres, as unbuildable.

c.

Wetland impacts for uses that are ancillary to institutional development and required by law shall be included in allowable impacts.

(5)

Beginning on January 1, 2010, mixed-use land development activities may be permitted in wetlands only if all of the following are met:

a.

The land development activities that impact wetlands must be part of a mixed use development that includes a minimum of three of the following land uses: residential, commercial (retail services and/or office), recreation/open space and institutional uses. Industrial land uses shall be prohibited in mixed use land development activities within wetlands. For purposes of this policy mixed use land development activities shall be consistent with the following criteria:

1.

The mixed use land development activity includes a variety of densities, intensities and types designed to promote walking between uses and utilizes a variety of transportation modes such as bicycles, transit and automobiles; and

2.

The residential component of the land development activity is an integrated part of the project and comprises not less than 30 percent of the gross square footage of land uses within the development as shown on a site plan or a sketch plan complying with the standards set forth in chapter 11, policy 9.9.2.

3.

The development is in conformance with an integrated site plan or commercial subdivision which includes both vertical and horizontal mix of uses within a defined area.

b.

Impacts to wetlands from mixed-use development activities (including without limitation impacts resulting from associated improvements such as sidewalks, parking areas and driveways) do not exceed the limitation set forth in section 65-3694(c)(6); and

c.

To the extent direct impacts to wetlands are caused by a particular building or buildings within a mixed-use development, not less than 30 percent of the gross square footage of such building or buildings must be for residential use; or such building or buildings shall be physically attached to a building having not less than 30 percent of its gross square footage permitted for residential use.

(6)

Impacts to wetlands from residential and mixed-use land development activities, on a cumulative basis, shall not exceed one and eight-tenths percent of the non-commercial and non-industrial acreage of a DRI, PUD, parcel acreage or, if the project is within a new town overlay (as defined in chapter 11, policy 9.2), one and eight-tenths percent of the non-commercial and non-industrial acreage within the applicable new town overlay.

(7)

Wetland impacts for activities listed in agricultural zoning classifications as permitted, permitted with conditions, or approved by the board of county commissioners as a conditional use on properties designated as bona fide agricultural lands per F.S. §§ 193.461 and 823.14, may be allowed subject to the following criteria:

a.

The property shall be classified as bona fide agricultural per F.S. §§ 193.461 and 823.14 for not less than ten consecutive years as of the date of the proposed impact;

b.

The property shall have agriculture future land use designation or DRI future land use designation and the proposed use is consistent with the defined agricultural uses under an approved DRI development order;

c.

Upon approval of the impact, no less than 50 percent of the property area shall retain bona fide agricultural use pursuant to section 62-3694(c)(7)a.;

d.

Wetlands proposed for impact shall be assessed using methodologies established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), to determine if they meet the criteria of high functioning wetlands or landscape level wetlands. Impacts to high functioning or landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit;

e.

The property shall have an agricultural zoning classification or be zoned PUD and the proposed use is consistent with the defined agricultural uses in the PUD zoning resolution or approved preliminary development plan;

f.

Where the state does not require mitigation for any wetland impact, mitigation shall be provided to meet the county's no net loss policy as defined in section 62-3696;

g.

Buffer setbacks shall be established in accordance with section 62-3694(c)(10);

h.

Where the allowable use is residential, residential policies shall apply; and

i.

The property shall meet all other state regulatory criteria.

(8)

Redevelopment commercial and industrial land development activities that do not meet the criteria established in section 62-3694(c)(3) may be permitted within wetlands only if the following criteria are met:

a.

Property must have been developed and designated on the future land use map as commercial or industrial prior to February 23, 1996.

b.

Additions to existing structures and/or additions of new buildings on a site shall not be considered redevelopment.

c.

Complies with all current regulations land development regulations.

d.

Wetlands proposed for impact shall be assessed using methodologies established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), to determine if they meet the criteria of high functioning wetlands or landscape level wetlands. Impacts to high functioning and landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.

e.

Wetland impacts cannot be avoided through alteration of project location, design, or other related aspects.

f.

Wetland impacts have been minimized to the greatest extent possible through project design and location.

g.

Any allowed filling of wetlands for commercial, industrial, or institutional use shall be limited as outlined in section 62-3694(e).

h.

Existing uncontrolled stormwater runoff is mitigated by meeting current stormwater requirements pursuant to article X, division 6 as may be amended.

i.

Where the state does not require a buffer, wetland buffers shall be established in accordance with section 62-3694(c)(10).

(9)

Abandoned mine reclamation plans shall be submitted to the natural resources management department for approval prior to the commencement of activity including, but not limited to, restructuring, reshaping, and revegetation of altered lands. Abandoned mine reclamation may be permitted within wetlands only if the following criteria are met:

a.

Compliance with all current land development regulations.

b.

Wetlands proposed for impact shall be assessed using methodologies established in the countywide wetlands study, prepared BKI, Inc. Consulting Ecologists (September 30, 2013), to determine if they meet the criteria of high functioning wetlands or landscape level wetlands. Impacts to high functioning and landscape level wetlands shall be prohibited unless the proposed impacts are found to be in the public interest, or of overriding public benefit.

c.

Only wetland impacts necessary for the abandoned mine reclamation are proposed and wetland impacts have been minimized to the greatest extent possible.

(10)

Where the state does not require a buffer for those wetlands preserved under sections 62-3694(c)(3) and (7), wetland buffers shall be established based on peer-reviewed publications to include, but not be limited to, buffer zones for water, wetlands, and wildlife in the East Central Florida region, (1990, Brown, M.T., Schaefer, and K. Brandt, published by the Center for Wetlands, University of Florida). Wetland buffer requirements shall be assessed on site-specific conditions to include:

a.

Water quality;

b.

Water quantity/groundwater drawdown; and

c.

Wetland wildlife habitat.

Wetland buffers shall be established by a recognized knowledgeable environmental professional, and reviewed and approved by the natural resources management department.

(11)

In the event that the denial of commercial or industrial development activities in wetlands results in an inordinate burden under the Bert Harris Property Rights Act or a taking under state or federal law, an affected property owner may appeal such denial to the board of county commissioners in the manner provided in section 62-507(b)(2).

(d)

All applications for development shall be reviewed by the natural resources management department to determine utilization or protection of wetlands.

(e)

Any allowed wetland impact shall ensure the protection of wetlands and wetland functional values by prioritizing protective activities with avoidance of impacts as the first priority, minimization of impacts as the second priority, and mitigation for impacts as the third priority. Any wetland impact, authorized under this division, for residential use shall be limited to the structural building area requirements for the primary use as defined by the zoning code, on-site disposal system requirements, and the 100-year flood elevation requirement for first floor elevations, and necessary ingress and egress. Any wetland impact, authorized under this division, for commercial, industrial, or institutional use shall be limited to structural building and parking area requirements, onsite sewage disposal, the 100-year flood elevation requirement for first floor elevations, and ingress and egress to the on-site structures. The amount and extent of wetland impact shall be the minimum required to accomplish these purposes.

(f)

Utility corridors developed or maintained by governmental or investor owned regulated utilities are permitted. Any adverse impact, degradation or destruction of wetlands must be mitigated as provided in section 62-3696.

(Code 1979, § 14-83.3; Ord. No. 2000-47, § 4, 9-13-00; Ord. No. 05-48, § 3, 9-27-05; Ord. No. 07-16, § 2, 4-27-07; Ord. No. 07-38, § 2, 8-21-07; Ord. No. 2011-12, § 1, 3-22-11; Ord. No. 2014-28, § 3, 9-16-14)