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Chattahoochee (Last Updated: August 25, 2014) |
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Land Development Regulations |
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Chapter I. General Provisions |
| Appendix 1.00.00. Title |
| § 1.00.01. Generally. |
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This code shall be entitled the ``City of Chattahoochee Land Development Code'' and may be referred to as the ``land development code'' or as the ``code.'' |
| Appendix 1.01.00. Authority |
| § 1.01.01. Generally. |
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This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act), and the general powers in F.S. ch. 166. |
| Appendix 1.02.00. Applicability |
| § 1.02.01. General applicability |
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Except as specifically provided below, the provisions of this code shall apply to all development within the incorporated areas of the City of Chattahoochee, Florida, and no development shall be undertaken without prior authorization pursuant to this code. |
| § 1.02.02. Exceptions |
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A. Previously issued development permits. 1. The development activity is authorized by a building permit issued prior to September 1, 1995; and 2. The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this code. B. Previously approved development orders. Projects with valid final development orders that have not expired prior to adoption of this code, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development plan expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this code. |
| Appendix 1.03.00. Intent |
| § 1.03.01. General intent |
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The provisions of this code shall be construed and implemented to achieve the following intentions and purposes of the City of Chattahoochee, Florida, hereinafter referred to as ``city'': A. To establish the regulations, procedures and standards for review and approval of all proposed development in the city. B. To foster and preserve public health, safety, comfort and welfare and to aid in the harmonious, orderly, aesthetically pleasing and socially beneficial development of the city in accordance with the comprehensive plan. C. To adopt a development review process that is: 1. Efficient, in terms of time and expense; 2. Effective, in terms of addressing the natural resource and public facility implications of proposed development; and 3. Equitable, in terms of consistency with established regulations and procedures, respect for the rights of property owners, and consideration of the interests of the citizens of the City of Chattahoochee, Florida. D. To implement the comprehensive plan of the City of Chattahoochee, Florida, as required by the ``Local Government Comprehensive Planning and Land Development Regulation Act.'' E. To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements. |
| Appendix 1.04.00. Findings |
| § 1.04.01. Generally |
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A. [The provisions of] F.S. ch. 163 require the City of Chattahoochee, Florida to enact land development regulations that implement and are consistent with the comprehensive plan for the City of Chattahoochee. B. Controlling the location, design and construction of development within the incorporated areas of the City of Chattahoochee is necessary to maintain and improve the quality of life in the city and to protect the health, safety and welfare of its citizens. C. The requirements and standards of this code for transportation facilities are necessary for the public benefit of safe travel because the number of accidents resulting in property damage and injury increases as congestion increases on roads and that the fire, rescue and law enforcement response times and disaster evacuation times increase as congestion increases on roads. D. The standards and requirements of this code for facilities for potable water, sanitary sewer, solid waste and stormwater management are necessary for the health, safety and welfare of the citizens of the City of Chattahoochee and its municipalities and the protection of the environment and natural resources of the City of Chattahoochee. E. [The provisions of] F.S. § 163.3177 provide that public facilities and services needed to support development must be available concurrent with the impacts of such development. [F. Reserved.] G. [The provisions of] F.S. § 163.3202 provide that not later than one year after its due date established by the state land planning agency's rule for submission of local comprehensive plans, a local government shall not issue a development order or permit which results in a reduction in the level of service for the affected public facilities below the level of service established by the comprehensive plan. |
| Appendix 1.05.00. Incorporation By Reference |
| § 1.05.01. Maps |
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The future land use map, contained in the future land use element of the comprehensive plan and the original copies of which are filed in the office of the city clerk, are hereby designated, established and incorporated as a part of this code, and are as much a part of this code as if the information contained therein were set out in full in this code. |
| Appendix 1.06.00. [Definitions And] Rulesof Interpretation |
| § 1.06.01. Generally |
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In the interpretation and application of this code all provisions shall be liberally construed in favor of the objectives and purposes of the city and deemed neither to limit nor repeal any other powers granted under state statutes. |
| § 1.06.02. Responsibility for interpretation |
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In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of this code, the city shall be responsible for interpretation and shall look to the comprehensive plan for the City of Chattahoochee, Florida, for guidance. Responsibility for interpretation by the city shall be limited to standards, regulations and requirements of this code, but shall not be construed as overriding the responsibilities given to any commission, board or official named in other sections or chapters of this code. An applicant may appeal the interpretation of the city and its municipalities in accordance with section 10.11.00. |
| § 1.06.03. Computation of time |
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The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. |
| § 1.06.04. Gender |
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Words importing the masculine gender shall be construed to include the feminine and neuter. |
| § 1.06.05. Number |
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Words in the singular shall include the plural, and words in the plural shall include the singular. |
| § 1.06.06. Shall, may |
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The word ``shall'' is mandatory; ``may'' is permissive. |
| § 1.06.07. Written or in writing |
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The term ``written'' or ``in writing'' shall be construed to include any representation of words, letters or figures, whether by printing or otherwise. |
| § 1.06.08. Year |
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The word ``year'' shall mean a calendar year, unless otherwise indicated. |
| § 1.06.09. Day |
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The word ``day'' shall mean a working day, unless a calendar day is indicated. |
| § 1.06.10. Boundaries |
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Interpretations regarding boundaries of land use districts shall be made in accordance with the following: A. Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street. B. Boundaries shown as following or approximately following any platted dot line or other property line shall be construed as following such line. C. Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines. D. Boundaries shown as following or approximately following natural features shall be construed as following such features. |
| § 1.06.11. Relationship of specific to general provisions |
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More specific provisions of this code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision. |
| § 1.06.12. Provisions of ordinance declared to be minimum requirements |
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In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern. |
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(Ord. No. 288, § 14, 12-1-70) |
| § 1.06.13. Definitions. |
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[The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Accessory use or structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Buildable area. The portion of a lot remaining after required yards have been provided. Drive-in restaurant or refreshment stand. Any place or premises used for sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises. Dwelling, mobile home. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer is not to be considered as a mobile home. Dwelling, multiple-family. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling, single-family. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. Dwelling, two-family. A detached residential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling unit. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Family. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families. Filling station. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, and no other: (a) Sale and servicing of spark plugs, batteries and distributors and distributor parts. (b) Tire servicing and repair, but not recapping or regrooving. (c) Replacement of mufflers and tailpipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like. (d) Radiator cleaning and flushing. (e) Washing and polishing, and sale of automotive washing and polishing materials. (f) Greasing and lubrication. (g) Providing and repairing fuel pumps, oil pumps and lines. (h) Minor servicing and repair of carburetors. (i) Emergency wiring repairs. (j) Adjusting and repairing brakes. (k) Minor motor adjustments not involving removal of the head or crankcase or racing the motor. (l) Sales of cold drinks, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to principal operation. (m) Provision of road maps and other informational material to customers; provision of restroom facilities. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop. Home occupation. An occupation conducted in a dwelling unit, provided that: (a) No person other than members of the family residing on the premises shall be engaged in such occupation. (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. (c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, nonilluminated, and mounted flat against the wall of the principal building. (d) No home occupation shall be conducted in any accessory building. (e) There shall be no sales in connection with such home occupation. (f) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. Loading space, off-street. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. Lot. The word "lot" includes the words "plot" or "parcel." For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an approved public street, or on an approved private street, and may consist of: (a) A single lot of record. (b) A portion of a lot of record. (c) A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record. (d) A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. Lot frontage. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to the street shall be considered frontage, and yards shall be provided as indicated under Yard in this section. Lot measurements. (a) Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the nearmost points of the side lot lines in the rear. (b) Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between said lot lines at their foremost points (where they intersect with the street line) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 percent requirement shall not apply. Lot of record. A lot which is part of a subdivision on record in the office of the county clerk or a lot or parcel described by metes and bounds, the description of which has been so recorded. Manufactured home. A mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. Mobile home. See Dwelling, mobile home. Outdoor advertising business. Provision of outdoor displays or display space on a lease or rental basis only. Parking space, off-street. For the purposes of this ordinance, an off-street parking space shall consist of a space adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room. Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another. For purposes of rough computation, an off-street parking space and necessary access and maneuvering room may be estimated at 300 square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case, and in accordance with all ordinances and regulations of the city. Person. The word person includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Recreational vehicle. Shall have the meaning as set forth in F.S. § 320.01. Recreational vehicle park. A place set aside and offered by a person or public body, for either direct or indirect remuneration of the owner, lessor or operator of such place, for the parking accommodation of six or more recreational vehicles or tents utilized for sleeping or eating; and the term also includes buildings and sites set aside for group camping and similar recreation facilities. For the purposes of this chapter, the term "campground," "camping resort," "RV resort," "travel resort" and "travel park," or any variations of these terms, shall be considered synonymous with the term "recreational vehicle park." Sign. Any device designed to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein: (a) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises not having commercial connotations. (b) Flags and insignia of any government except when displayed in connection with commercial promotion. (c) Legal notices; identification, informational or directional signs erected or required by governmental bodies. (d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights. (e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. Sign, off-site. A sign other than an on-site sign. Sign, on-site. A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. Signs, number and surface area. For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area. Special exception. A special except is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning division or district as special exceptions, if specific provision for such special exceptions is made in this zoning [land development] ordinance. Street line. The right-of-way line of a street. Structure. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels. [Tense.] The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. Travel trailers. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet. [Used, occupied.] The word used or occupied includes the words intended, designed, or arranged to be used or occupied. Variance. A variance is a relaxation of the terms of the zoning [land development] ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. Yard. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. Yard, edge. A yard extending from the real line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of front yards required. In the case of "corner lots," yards remaining after full and half-depth front yards have been established shall be considered side yards. "Width" or a "required side yard" shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the side lot line. Yard, front. A yard extending between side lot lines across the front of a lot adjoining a public street. In any required front yard, no fence or wall shall be permitted which materially impedes vision across such yard above the height of 30 inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard between the heights of 30 inches and ten feet. In the case of corner lots which do not have reversed frontage, a front yard of the required depth shall be provided in accordance with the prevailing yard pattern and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of reversed frontage corner lots, a front yard of the required depth shall be provided on either frontage, and a second front yard of half the depth required generally for front yards in the district shall be provided on the other frontage. In the case of corner lots with more than two frontages, the administrative official shall determine the front yard requirements, subject to the following limitations: (1) At least one front yard shall be provided having the full depth required generally in the district. (2) No other front yard on such lot shall have less than half the full depth required generally. Depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel. Yard, rear. A yard extending across the rear of the lot between inner side yard lines. In the case of through lots and corner lots, there will be no rear yards, but only front and side yards. "Depth" of a "required rear yard" shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. Yard, special. A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the administrative official shall require a yard with minimum dimensions as generally required for a side yard or a rear yard in the district, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot or lots, with due regard to the orientation and location of structures and buildable areas thereon. |
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(Ord. No. 288, § 18, 12-1-70; Ord. No. 407, § 1, 11-3-87) |
| Appendix 1.07.00. Repeal Of Prior Provisions |
| § 1.07.01. Generally. |
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Any ordinances and provisions in conflict with these regulations are hereby repealed as of the effective date of this code. |
| Appendix 1.08.00. Abrogation |
| § 1.08.01. Generally. |
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This code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of Gadsden County. Moreover, nothing in this code shall be construed to give the city responsibility for enforcing private covenants or deed restrictions. |
| Appendix 1.09.00. Severability |
| § 1.09.01. Generally. |
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If any section, subsection, paragraph, sentence, clause or phrase of this code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this code shall continue in full force and effect. |
| Appendix 1.10.00. Effective Date |
| § 1.10.01. Generally. |
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These regulations shall be effective upon adoption of this code. |