§ 154.90 BIG LAKE MARY OVERLAY ZONING DISTRICT.
   (A)   Geographic area. The Big Lake Mary overlay zoning designation shall apply to the area south of Lake Mary Boulevard, north of Big Lake Marv, east of the CSX railroad and west of the east corporate limits line.
   (B)   Intent. The intent of the Big Lake Mary overlay land use designation is to provide for residential development along the north side of Big Lake Mary and to protect the lake from wetlands removal, stormwater runoff, septage from on-site septic systems and other environmental impacts. Development within the Big Lake Mary overlay zoning district shall comply with the relevant provisions of § 154.12; however, if there is a conflict between the provisions of this section and § 154.12, properties located within the Big Lake Mary overlay zoning district shall comply with the provisions of this section.
   (C)   Permitted and conditional uses.
      (1)   Permitted uses.
         (a)   Single-family residences, with their customary accessory uses such as docks and storage sheds, etc. Guest houses and/or garage apartments are acceptable accessory uses for A-1 and R-CE zoned properties only.
      (2)   Conditional uses. At this time, the Big Lake Mary overlay zoning district does not permit conditional uses.
   (D)   Municipal utilities and on-site septic systems.
      (1)   All new development shall connect to municipal potable water, per code and/or applicable planned unit development (PUD) agreement.
      (2)   If an on-site septic system is allowed by code, such septic system shall be located in front of the residential structure.
   (E)   Environmental protection. The following measures are required to protect Big Lake Mary and the adjacent wetland areas.
      (1)   Stormwater.
         (a)   Run-off. All new development, redevelopment of existing lots, additions to existing structures and the construction of accessory structures shall provide on-site stormwater retention per code.
         (b)   During construction of all new development, redevelopment of existing lots, additions to existing structures and the construction of accessory structures, the owner of the property shall install silt fence and/or any other means of erosion control approved by the city to prevent the run-off of sediments.
      (2)   Wetland protection.
         (a)   All permits for work on lots within the Big Lake Mary overlay zoning district shall be accompanied by a survey that clearly shows the location of all wetlands, the 100-year flood elevation and the mean high water elevation.
         (b)   The location of all wetlands shall be delineated by a professional biologist, ecologist or other consultant approved by the city.
         (c)   There shall be no development activity, including but not limited to, filling, excavation, or removal of wetland vegetation within the wetland area of lots within the Big Lake Mary overlay area, except for a maximum 25-foot wide dock construction area subject to approval by the Florida Department of Environmental Protection (FDEP) or the St. Johns River Water Management District (SJRWMD), as applicable.
         (d)   Except as permitted by the St. Johns River Water Management District and/or the Florida Department of Environmental Protection, the construction of docks, as permitted in § 154.12, shall not encroach into, remove and/or impact existing wetlands.
         (e)   Except as permitted by the City Engineer, the maximum slope of any lot for new development and/or redevelopment shall not exceed 4 to 1.
   (F)   Development standards.
       (1)   Lots of record within the Big Lake Mary overlay land use designation as of the date of the adoption of this section shall comply with the relevant development standards of the underlying zoning districts, Chapter 154, Chapter 155, and/or Chapter 158.
      (2)   Development of lots created by subdivision and/or waiver of subdivision after the date of the adoption of this section shall comply with the following requirements, but shall not apply to lots of record:
         (a)   Maximum density = 1.09 DU/A.
         (b)   Minimum lot area = 40,000 square feet above the mean high water elevation.
          (c)   Minimum lot width (at front yard setback line) = 125 feet.
          (d)   Minimum lot width (at ROW line) = 35 feet.
          (e)   Minimum building setbacks.
             1.   Front yard setback. The front of any building constructed on any parcel 200 feet or more in depth from the adopted right-of-way line of Lake Mary Boulevard shall be set back a minimum of 60 feet. For properties that are less than 200 feet from the adopted right-of-way line of Lake Mary Boulevard, the front yard setback shall be 40 feet.
            2.   Side yard setbacks. Eight feet on the narrowest side, with the combined setbacks equaling 20 feet.
            3.   Side yard setbacks for flag lots = 20 feet.
            4.   Rear yard (residential). Thirty feet from the rear property line or 75 feet above the mean high water elevation, whichever is greater.
            5.   Rear yard (non- residential). Thirty feet from the rear property line or 200 feet above the mean high water elevation, whichever is greater.
         (f)   Maximum building height = 35 feet.
          (g)   Minimum building floor area, excluding carports, garages, porte cocheres, breezeways and screened or open porches = 1,600 square feet.
         (h)   Development within the 100-year floodplain.
             1.   Not withstanding division (E)(3) above, development within the 100-Year floodplain is prohibited unless an equal amount of compensating storage is created.
            2.   Compensating storage shall be created within the 100-Year floodplain. If it is not feasible to create the required volume in the 100-Year floodplain, at minimum there shall be a direct connection from the floodplain compensation area to the floodplain such that the flood waters can move freely into and out of the compensation area.
         (i)   Additional requirements.
            1.   All uses must conform to Appendix B of Chapter 155 for off-street parking and other regulations.
            2.   All development shall comply with the relevant portion of § 154.12; however, in order to construct a dock, the property upon which the dock is proposed shall extend waterward of the elevation of the mean high water line and shall have a minimum lot width at the mean high water elevation of 125 feet, as measured perpendicular to the side property line.
            3.   School location, regulations and requirements are found in § 154.68.
(Ord. 1282, passed 3-6-08; Am. Ord. 1464, passed 5-17-12)