4.03.04   Creation of Protected Environmentally Sensitive Zones
   A.   Wetlands Protection Zone
      1.   There is hereby created a “Wetlands Protection Zone” in which special restrictions on development apply.
      2.   The boundaries of this zone shall be the most landward extent of the following:
         a.   Areas within the dredge and fill jurisdiction of the Department of Environmental Regulation as authorized by F.S. Chapter 403.
         b.   Areas within the jurisdiction of the U.S. Army Corps of Engineers as authorized by Section 404, Clean Water Act or Section 10, River and Harbor Act.
      3.   Determination of wetlands boundaries by the Department of Environmental Regulation or the Army Corp of Engineers must be made prior to development approval for all areas identified as “Potential For Wetlands” on the Future Land Use Map of the Comprehensive Plan. If the determination for a proposed development site has not been made, the determination process will be initiated by the developer.
   B.   Canal Shoreline Protection Zone
      1.   There is hereby created the “Canal Shoreline Protection Zone” in which special restrictions on development apply.
      2.   The Canal Shoreline Protection Zone extends from the point in waters where no emergent aquatic vegetation can grow landward, to a point fifteen (15) feet landward of the water’s edge. No development or construction activity shall occur in this zone, however, construction of bulkheads, seawalls, dock facilities, or other water related structures is not prohibited provided all appropriate State and local permits are obtained prior to construction. Natural shoreline vegetation shall be preserved for twenty (20) feet landward from the mean high tide line. Cleared corridors fifteen (15) feet in width or less which provide access to water will be allowed at a frequency of every one hundred (100) feet of frontage along the water’s edge or one (1) corridor per lot, whichever is more stringent. In addition, only two (2) twelve (12) foot wide, covered boat slips will be permissible per single family residential lot.
   C.   Beach and Dune Protection Zone
      1.   There is hereby created the “Beach and Dune Protection Zone” in which special restrictions on development apply.
      2.   The Beach and Dune Protection Zone boundaries encompass beaches and dunes designated “Preservation” on the Future Land Use Map of the Comprehensive Plan. The “Preservation” designation encompasses lands south of U.S. 98 between 8th Street and the eastern City limit and lands seaward of the Coastal Construction Control Line (CCCL). The City shall redefine its “Preservation” designation upon any change to the boundaries of the CCCL.
   D.   Wildlife Habitat Protection Zone
      1.   There is hereby created the “Wildlife Habitat Protection Zone” in which special restrictions on development apply.
      2.   The boundaries of this zone are those lands which are inhabited by species listed as endangered or threatened, as specified in the “Official Lists of Endangered Fauna and Flora in Florida”, published by the Florida Game and Fresh Water Fish Commission.
   E.   Request for Determination of Boundaries
A developer may obtain a determination of the boundaries of a Protected Environmentally Sensitive Zone or Other Protected Natural Resource by submitting a request to the department with jurisdiction over the land in question. The request must, as a minimum, set forth an adequate description of the land the developer wishes to develop, the nature of the developer’s right to ownership or control of the land, and other information needed to make the determination.
      (Ord. 711, passed 2-5-2019)