This chapter establishes the title, authority and purposes of these assembled land development regulations for Escambia County, Florida, and to assure their effective implementation and enforcement. Additionally the chapter identifies the implementing authority and duties of county administrative officials and boards, and to provide for the limited continuation and gradual remedy of nonconformance with these regulations.

The provisions of this chapter and the definition of terms in chapter 6 shall guide and support the implementation of review and approval processes, standards, and other regulations of the remaining chapters.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

This chapter establishes general provisions that apply broadly to all use and administration of this code. The continuation and remedy of nonconformance with the code, and the code authority and duties of county officials and boards, is prescribed in the remaining articles of this chapter.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

This code, Part III of the Code of Ordinances of Escambia County, Florida, shall be known as the "Escambia County Land Development Code" and may also be referred to or cited as the "Land Development Code" or the "LDC."

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The Escambia County Land Development Code is that collection of local land development regulations required by Florida Statutes (Chapter 163, Part II) to implement provisions of the Escambia County Comprehensive Plan. The comprehensive plan further requires that specific and detailed provisions necessary and desirable to implement plan goals, objectives policies and the associated manual be adopted and maintained within a land development code.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

General. The land development code implements the land use goals, objectives and policies of the Escambia County Comprehensive Plan through specific regulations that govern the use and development of land within the county. These regulations are necessary to protect the public health, safety and general welfare, private property rights, the natural environment, and the economic vitality of the county. More specifically, it is the purpose of the LDC to:

(1)

Establish an objective, organized and effective system of administration and appeal for county land development regulations that clearly describe compliance review and approval requirements for the public, responds consistently and fairly, and optimizes the resources of government.

(2)

Establish clear county zoning and other land use regulations that provide for the orderly, efficient, and sustainable use of land and structures for agricultural, residential, mixed-use, commercial, industrial, recreational, conservation, public and other needs of the present while ensuring no less for the future.

(3)

Establish clear county development standards for the allowed uses of land and structures that ensure the protection of life and property, the provision of adequate public facilities and services, the conservation of natural resources, the protection of public and private investments, and the preservation of social and aesthetic values.

(4)

Establish clear county regulations that balance the interests of property owners in continuing lawfully established uses, structures, lots and conditions in productive use with the public benefits of providing a gradual remedy for existing substandard conditions through increased conformance with current standards and prohibited expansion of nonconformance.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

General. Land uses and development activities regulated by the LDC shall comply with all applicable county requirements, and nothing in the LDC shall prevent the county from taking any lawful action necessary to prevent or remedy any violation. Although state and federal regulations may also apply to those uses and activities, the intent of the county is to enforce only the terms of its ordinances. Compliance with the LDC shall be fully enforced by any means provided, authorized or allowed by law or ordinance, including Florida Statutes and chapter 30, code enforcement, Part I, Escambia County Code of Ordinances. More particularly:

(1)

Procedural remedies. Failure to comply with LDC provisions may result in application denial, delay of application approval, conditional application approval, voiding an application approval, delay of use or occupancy, multiplied application fees, or penalties as additionally may be prescribed by the LDC.

(2)

Civil remedies. The board of county commissioners (BCC), or any aggrieved party as defined by state law, may apply to the Circuit Court of Escambia County, Florida, to enjoin and restrain any person violating the provisions of the LDC.

(3)

Criminal remedies. Any person, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of, any of the provisions of the LDC, shall be subject to a misdemeanor punishable by fine and/or imprisonment according to state law. Upon conviction the person shall additionally pay all expenses of the county in the case. Each day a violation exists shall constitute a separate offense.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(1)

General. The provisions of the LDC apply within all unincorporated areas of Escambia County, with the exception of areas exempted by state or federal regulations, and to all land uses and development activities, including the construction, placement, erection, alteration, use or occupancy of any structure, and the division of any land. Accordingly, no principal or accessory structure, or use of any land or structure, shall be established, located, erected, converted, reconstructed, structurally altered, extended, or enlarged, and the county shall issue no approval to develop or permit to construct, unless such uses and activities comply with all applicable provisions of the LDC.

(2)

Vested rights. Certain land development rights are vested with respect to future adoption or amendment of land development regulations and cannot be revoked by changes to the LDC without due process of law. Development rights are statutorily vested for any use or activity lawfully approved by the county according to the regulations in effect at the time of approval. For landowners who can adequately demonstrate they have acquired development rights through other official county action, those rights become equitably vested under principles of fairness and due process as prescribed in chapter 2 (of the LDC). A use or activity approved under either form of vesting may be completed or continued, even when inconsistent with newer LDC provisions. However, any use or activity for which a vested right has been established shall continue to be subject in all other respects to regulations and requirements not addressed by the vested rights confirmation.

(3)

Nonconformance. Lawfully established and maintained uses, structures, site conditions, and lots made nonconforming by later adoption or amendment of any land development regulations may continue, subject to the nonconformance provisions of article 2 (of this chapter).The provisions protect the interests of owners in continuing to use their property while providing the community a gradual remedy for existing undesirable conditions resulting from nonconformance. Actions that would expand nonconformance are prohibited and actions that would make nonconformance more permanent are restricted. Nothing in the LDC shall be interpreted as authorizing or approving the continuation or expansion of any uses, structures, conditions, or lots not lawfully established according to regulations in effect at the time of establishment.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

Provisions of the LDC are effective as of the effective date of their adopting ordinances. Any application for county approval required by the LDC and accepted by the county on or after the effective date of a new or amended LDC provision shall comply with that provision unless its terms clearly indicate otherwise.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The provisions of the LDC apply without bias. Decisions regarding the administration of code provisions shall be influenced only by facts and conditions relevant to those provisions. Applications for development approval shall be evaluated strictly on the basis of LDC compliance, and no more or less shall be required of applicants than is necessary to confirm and document that compliance. Conflicts of interest and other risks to fair administration of the LDC shall be avoided to maintain impartiality. No county officer or employee shall grant any special consideration, treatment, or advantage to any person, group or organization beyond that which is available under the terms of the LDC to every other person, group or organization in the same or similar circumstances.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The provisions of the LDC apply without any exceptions, exemptions, alternatives, waivers, variances or other adjustments unless such adjustments are specifically established within the code. For some unusual or unanticipated circumstances the LDC allows limited criterion-based variances to provide site-specific relief, and may include alternative requirements to provide flexibility or encourage minimum standards to be exceeded. Except for such provisions, only the lawful amendment of the LDC can permit what is not otherwise authorized. Nothing in the LDC shall allow, encourage or require any change to its provisions except through the formal amendment process established within the LDC and Florida Statutes.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

General. The LDC shall be interpreted and administered broadly by the administrative authorities described in this chapter to achieve its declared purposes. In the interpretation and administration of any LDC provisions, they shall be understood to be the minimum requirements adopted by the BCC for the promotion of the public health, safety and general welfare. It is presumed that the intent of the BCC in a particular provision of the code is expressed by the wording of that provision. Further, the BCC is presumed to act intentionally and purposely when it includes language in one section of the code but omits it in another. The rules of interpretation prescribed in this section shall be observed in the implementation of all LDC provisions.

(b)

Confirmation of meaning. The meaning of a provision in the LDC must first be evaluated according to the plain language of the provision. If the meaning is clear, then the remaining administrative function is to enforce it according to its stated terms. If the provision is unclear, its meaning shall be determined in consideration of other LDC provisions on the same subject, giving priority to those closest in context. Individual provisions must be interpreted so as to be internally consistent and not disconnected from the rest of the LDC. Every part of a provision is presumed to have some effect, and must not be treated as having no effect unless absolutely necessary.

(c)

Delegation of authority. When a provision of the LDC authorizes the county administrator, county engineer, planning official, building official, or other county officer or employee to perform some act or duty, the provision also authorizes that individual to delegate the performance of that act or duty to other qualified county employees under his authority, unless the terms of the provision clearly indicate otherwise. Similarly, when a provision authorizes the Santa Rosa Island Authority Board (SRIA) to perform some act or duty, the provision also authorizes the board to delegate the performance of that act or duty to qualified individuals under the board's authority.

(d)

Particular and general. A particular intent expressed in the LDC has authority over a general one, such that when there is a more specific requirement it must be followed in place of a more general one, regardless of whether the general requirement is more lenient or in conflict with the specific one.

(e)

Use of words. The use of words within the LDC shall be understood according to the following rules:

(1)

Definitions. In addition to the rules of this section and those terms defined where used, definitions of selected terms used within the LDC are provided in chapter 6 (of this LDC). Words not defined within the LDC, and not otherwise having acquired a meaning by other applicable regulatory definition or judicial construction, shall be understood according to their usual, ordinary and customary meanings.

(2)

Tense and form. Words used in one tense or form include other tenses or derivative forms, unless the context clearly indicates otherwise.

(3)

Singular and plural. Words used in the singular include the plural and words in the plural include the singular, unless the context clearly indicates otherwise.

(4)

Gender. Words used in the masculine, feminine, or neuter gender include the other genders.

(5)

Mandatory, permissive, and advisory. The words "shall," "will" and "must" are mandatory in nature and always require compliance where used. The word "may" is permissive, authorizing but not requiring action. The word "should" is advisory only, identifying recommendations provided by the county in the implementation of regulations.

(6)

Conjunctions. Unless the context clearly indicates otherwise, where a regulation connects items, conditions, provisions or events, the conjunctions shall be interpreted as follows:

a.

And. The word "and" indicates that all the connected terms, conditions, provisions, or events apply.

b.

Or. The word "or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.

c.

Either … or. The words "either … or" indicate that the connected items, conditions, provisions, or events apply singly but not in combination.

(7)

Written or in writing. The words "written" and "in writing" include any representation of words, letters, diagrams or figures, whether by handwriting, printing or other forms of recording.

(8)

Used for or used as. The words "used for" and "used as" include intended, designed, arranged, occupied and maintained for or as, unless the context clearly indicates otherwise.

(9)

Including or includes. The words "including" and "includes" do not limit a provision to the specific example or series of examples it contains.

(f)

Computation of time. Unless otherwise specifically provided, a "day" means a calendar day and a "year" means 365 days. In computing any period of time allowed or prescribed by the LDC, the day from which the period begins to run is not included. The day after the act or event that begins the period is day one. The last day of the computed period is included, unless it is a Saturday, Sunday or legal holiday observed by the county. In that case the period will run until the end of the next day that is not a Saturday, Sunday or observed legal holiday. In computing any period of months, the period ends on the same or closest numbered day of the ending month as the number of the beginning day in the beginning month.

(g)

Controlling text. If there is any inconsistency between the text of the LDC and any picture, illustration, drawing, map, table, or caption within the LDC, the text governs unless otherwise specifically provided.

(h)

Headings and titles. Headings and titles within the chapters of the LDC, typically in boldface or italic type, are only included to indicate content and organization for the convenience of the reader. Such headings are only catchwords and do not by their presence or absence govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of the LDC. Accordingly, no provision of the LDC will be held invalid by reason of deficiency in any heading or title of any chapter, article, section or other part.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

Those persons whose substantial interests have been adversely affected by an interpretation or other administrative determination of a county official or body exercising authority under the LDC, including the SRIA, have the right to a review of that determination. Review of any such action may be requested following the appealable action as prescribed in chapter 2 (of this LDC). However, review of citations by code enforcement officers shall be as prescribed in Part I of the Escambia County Code of Ordinances. Additionally, any challenge to the consistency of either a development approval or a provision of the LDC with the comprehensive plan shall be made in the manner prescribed by Florida Statutes.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Code of Ordinances. The LDC exists as Part III of the Escambia County Code of Ordinances to implement the land use goals, objectives and policies of Part II, the comprehensive plan. Except in their administration and enforcement, or where specific references are made to other county ordinances, the comprehensive plan, LDC, and the design standards manual (DSM) are to be construed independently of Part I.

(b)

Building code. The LDC establishes certain land use regulations for buildings and prescribes development standards for sites they occupy, but the construction of buildings and other structures is regulated through the Florida Building Code and other provisions prescribed within Part I of the Code of Ordinances.

(c)

Non-county entities. Non-county entities also regulate, govern, or otherwise influence the use or development of land. However, it is the responsibility of each property owner to determine those entities that have jurisdiction affecting their property, its use, or activities upon it, and to adequately communicate with them. The county may assist in directing the applicant to appropriate agencies or entities, but in doing so the county assumes no responsibility or liability in any way for any owner's failure to adhere to any restrictions or requirements of those or other entities.

(d)

References to other regulations. References within the LDC to federal, state or other county regulations are intended only for the convenience of the reader. An error in any reference or the absence of a reference does not exempt any use or activity from compliance with applicable requirements of law.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Higher standards. If any provision of the LDC is in conflict with any county, state or federal law, ordinance, regulation, DSM or other requirement, including other provisions of the LDC, the more restrictive requirement or the one imposing the higher standard shall prevail unless otherwise specifically provided by the prevailing requirement. More restrictive setbacks indicated on the final plat shall supersede any other zoning district requirements for final plats approved after January 2024.

(b)

SRIA leases. Where the provisions of a lease agreement with the Santa Rosa Island Authority (SRIA) conflict with LDC provisions, the lease will govern unless otherwise mutually agreed by the lessee and the SRIA that the LDC provisions shall apply. However, all new or renegotiated lease agreements with the SRIA shall be consistent with the provisions of the comprehensive plan and the LDC.

(c)

Private agreements. The interpretation and enforcement of the LDC is not affected by any recorded easements, covenants, lease agreements, deed restrictions or other agreements between private parties. It is not the intent of the LDC to repeal, abrogate, or interfere with such private restrictions or agreements, but where the LDC imposes greater restrictions, its provisions govern. Where the LDC imposes lesser restrictions, it is the responsibility of those parties in a private agreement to enforce its greater restrictions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2024-13, § 2, 3-7-2024)

If any section, sentence, clause or other portion of the LDC is for any reason held or declared by a court of competent jurisdiction to be inoperative, invalid, or unconstitutional, that decision does not affect other portions of the LDC that can be given effect without the unacceptable portion. Similarly, if any provision of the LDC is held to be inapplicable to a particular person, property, or circumstance, that holding does not affect its applicability to any other person, property, or circumstance.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The purpose of this article is to establish land use regulations that define the legal status of nonconformance with LDC regulations, prohibit the expansion of any nonconformance, restrict activities that would make any nonconformance more permanent, and correct nonconformance to the extent practical. This article establishes specific provisions through which nonconforming uses, structures, lots and site conditions may be maintained, altered or reconstructed, and conditions under which the nonconformance is terminated.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Continuation. Lawfully established and maintained uses, structures, lots and site conditions that no longer comply with one or more land development regulations may continue in productive use as legal exceptions to those regulations only as prescribed by the nonconformance provisions of this article and related sections of the LDC. In allowing the continuation of such nonconformance it remains the intent of the LDC to prohibit the expansion and limit the alteration or reconstruction of nonconformities, and to discourage the continuation of those that are inconsistent with the purposes of applicable regulations. Where multiple nonconformities exist, each must comply with the provisions regarding their lawful continuation.

(b)

Nonconformance status. Any nonconformance status of a use, structure, lot or site condition runs with the land and is not lost by changes of ownership, or management. However, once nonconforming status is lost, the use, structure, lot or condition shall comply with current LDC regulations. For the purposes of determining whether the right to continue a nonconformance is lost, all of the activities and structures on a lot are generally to be considered as a whole. For example, a unit vacancy in a nonconforming multi-tenant building does not result in the loss of the right to rent the unit if the use of the building as a whole is maintained.

(c)

Burden of proof. The burden of proving the right to continue any nonconformance is on the person seeking to maintain the nonconformance. Evidence of lawful establishment and lawful continuance since establishment is required. In proving such a right, the casual, intermittent, temporary, or unlawful use of land or structures for any length of time is not sufficient to establish the existence of nonconformance. Rental, lease or tax payments are not considered proof of a continued use, and the voluntary disconnection of utilities shall be a means of establishing abandonment of the use of the subject site.

(d)

Repairs and maintenance. Minor repairs to and routine maintenance of property where nonconformities exist are permitted and encouraged if such activities do not create or increase any nonconformance and are not otherwise prohibited by the LDC. Such repairs and maintenance may include non-structural interior and exterior alterations or improvements, and normal work necessary to keep a structure in sound condition. Additionally, no requirements of this section shall prevent the strengthening or restoration of a structure to a safe condition in compliance with the lawful order of a public official. All work, however, remains subject to the Florida Building Code and the proper issuance of building permits.

(e)

Historic structures. The correction of nonconformance for a bona fide historic structure shall not require measures that would preclude the structure's continued designation as a historic structure.

(f)

Parcel modification. No parcel containing a nonconformity shall be divided, reduced, or otherwise modified if the modification would inhibit correction of the nonconformity.

(g)

Loss of property to public use. Nonconformance resulting from governmental right-of-way acquisition or other dedication of private property to a public use shall have the same status as nonconformance resulting from amendments to land development regulations. Construction or reconstruction in response to such loss of property to a public use shall be according to current LDC provisions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Nonconforming uses. Lawfully established and maintained uses of land or structures that no longer comply with zoning district or other applicable use regulations of the LDC may continue subject to the following provisions which apply to the uses of both conforming and nonconforming structures, site conditions and lots:

(1)

Loss of nonconformance status. The nonconformance of a use is lost when any of the following occur, regardless of whether the nonconforming use is maintained in conjunction with a conforming use:

a.

Conversion. The use is converted to or replaced with a conforming use.

b.

Voluntary discontinuance. The use is voluntarily discontinued for a continuous period of 12 months or more as may be verified by the requested termination of site utilities and similar evidence of voluntary discontinuation.

c.

Involuntary discontinuance. The use is involuntarily discontinued for a continuous period of 18 months or more and no extension of the period has been granted by the board of adjustment (BOA) as prescribed in chapter 2 of the LDC or by the lawful authority.

(2)

Additions and alterations to structures. No additions which increase the area of either conforming or nonconforming uses shall be made to any structure occupied, in whole or in part, by a nonconforming use. And, except as allowed in the general conditions of this section, no alterations shall be made to such structures.

(3)

Extension within a structure. A nonconforming use may be extended to occupy more floor area within the same structure it occupied when it became nonconforming, provided that no dwelling or lodging units are added, and that drainage, access, parking, landscaping, and all other site conditions are conforming or will be made conforming prior to the increased occupancy of the use.

(4)

Expansion to other structures or land. Except as may otherwise be allowed in the LDC, a nonconforming use shall not be expanded or relocated, in whole or part, to occupy any other structures or land beyond that which it occupied when it became nonconforming.

(5)

Operation of use. A nonconforming use shall not be operated in a manner that creates any new conflict or increases any existing conflict with any development standards of the LDC.

(6)

Accessory uses. A use that is accessory only to a principal nonconforming use may not be continued after the principal use has been discontinued.

(7)

Change to another nonconforming use. A nonconforming use of a structure or premises may be changed to another nonconforming use provided that all of the following conditions are met:

a.

Alterations. No structural alterations are made to any structure used, and any other alterations made to a structure occupied by the new use conform to LDC requirements.

b.

Appropriate use. The new use, including its customary accessory uses, is no less appropriate under all current LDC regulations than the use it replaces. The most restrictive zoning district in which the existing nonconforming use is permitted by right shall be the reference for evaluating the appropriateness of the new use.

c.

Intensification. The new use shall not intensify or enlarge the basic use of the building or premises by increasing required parking, vehicular or pedestrian traffic, impervious ground cover, noise, dust or other adverse offsite impacts, or other indicators of use intensity and enlargement.

d.

Restriction. Once changed to a more restrictive nonconforming use, the new use is not afterward changed to any less restrictive use.

e.

Extension. The change does not result in an extension of a nonconforming use except within a structure as permitted in this section.

(b)

Nonconforming structures. Lawfully established and maintained structures that no longer comply with height, setback, floor area ratio or other applicable regulations of the LDC may continue subject to the following provisions:

(1)

Loss of nonconformance status. The nonconformance of a structure is lost when the structure is converted to or replaced with a conforming structure, or when it is substantially damaged, demolished or removed. With the exception of LDC airport and airfield requirements, when a nonconforming building is destroyed by fire or other casualty, or by act of God, its restoration to the same or lesser gross floor area is allowed when in conformance with current LDC site and building standards to the extent possible as determined by the planning official. Additionally, the continued use or occupancy of any undamaged portion of a nonconforming building existing at the time of the partial damage is allowed if the undamaged portion is determined by the appropriate authorities to be safe for the intended use or occupancy.

(2)

Alterations and additions. A nonconforming structure, other than a sign, may be structurally altered, enlarged or extended through walled or unwalled additions only if the use of the structure is conforming and the alteration, enlargement or extension can be made without increasing the nonconformity of the structure.

(3)

Moving. A nonconforming structure, other than a sign, may be moved in whole or part to another location within the same parcel only if the move decreases or eliminates nonconformity.

(c)

Nonconforming lots. Lawfully established lots that no longer comply with the minimum area, minimum width, or other applicable regulations of the LDC may continue subject to the following provisions:

(1)

Loss of nonconformance status. The nonconformance of a lot is lost when the lot is converted to a conforming lot.

(2)

Availability of adjacent land. No structure shall be erected on any nonconforming lot that is deficient in area if the owner of the lot owns any adjoining vacant land which would create a conforming lot if combined with the deficient lot.

(3)

Combination of lots. The planning official may permit the combination of nonconforming lots of record, in whole or part, into new lots less than the size requirements established by the LDC if the combination of lots reduces the degree of nonconformity and results in parcels which are capable of accommodating structures in conformance with the building area and setback requirements of the applicable zoning district.

(4)

Less than minimum size. When a nonconforming lot of record can be used in compliance with all regulations applicable to the intended use, except that the lot is smaller than the minimum required for any use by the applicable zoning district, the lot may be used as proposed. However, no use for which the LDC requires a minimum lot size greater than the zoning district-wide minimum is permissible on the nonconforming lot.

(d)

Nonconforming site conditions. Lawfully established site conditions, excluding uses, structures or lots, that no longer comply with applicable regulations of the LDC may continue subject to the following provisions:

(1)

Loss of nonconformance status. The nonconformance of a site condition is lost when the condition is demolished, removed, or converted to or replaced with a conforming condition. This provision does not apply to restriping parking lots after surface resealing.

(2)

Expansion. A conforming use located on a site with nonconforming conditions shall not be expanded unless the site conditions are brought into conformance with the provisions of the LDC.

(3)

Relocation. No structure shall be relocated to a site with nonconforming conditions unless the site conditions are brought into conformance with the provisions of the LDC.

(4)

Change of use. No existing structure located on a site with nonconforming conditions shall be changed from one zoning use classification to another use classification unless the site conditions are brought into conformance with the provisions of the LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The purpose of this article is to establish the authority and duties of county officials, or to document the prior establishment of their responsibilities in other regulations, that are necessary to implement provisions of the LDC. This article identifies specific LDC authority and duties of the county administrator, planning official, building official, and county engineer.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The county administrator is appointed by the board of county commissioners (BCC) to serve as administrative head of the county. The administrator's authority and duties, prescribed by Florida Statutes and chapter 2, administration, part I, Escambia County Code of Ordinances, include development of an administrative plan and enforcement of all LDC provisions to assure their full implementation.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

General. The planning official, an appointee of the county administrator as designated in the adopted county administrative plan, has the following authority and duties in the implementation of the LDC:

(1)

Use determinations. Make determinations concerning uses of land and structures, especially as to whether a particular use or activity, or class of uses or activities, or characteristic of a use or activity is of the same general character as those uses or activities identified in the LDC as permitted, conditionally permitted or prohibited.

(2)

Review and approval procedures. Establish and maintain sufficiently detailed procedures to implement the LDC compliance review and approval processes prescribed in chapter 3, except for those procedures identified as the responsibility of another administrative authority.

(3)

Approvals and permits. Confirm the appropriate compliance review processes and administer reviews as required by the LDC to grant, grant with conditions, or deny applications for the use and development of land. Upon the required compliance documentation and approvals the planning official shall issue land use certificates, development orders, permits and other forms of county authorization.

(4)

LDC interpretations. Make both general and specific interpretations on the proper application of LDC provisions according to the established rules of interpretation in chapter 1. Interpretation responsibilities established here are limited to the provisions of the LDC and do not override the responsibilities prescribed by law or ordinance for other county officials or boards.

(5)

Map maintenance. Maintain the accuracy of the county's official future land use category and zoning district maps. The maps can be made available to the general public through the county website and for purchase through the offices of the planning official according to the fee schedule established by the BCC. Additionally, if uncertainty exists regarding the boundary of any mapped category or district the planning official shall determine the boundary according to the provisions in the LDC.

(6)

Concurrency management. Provide assistance in regards to the county's concurrency management system for those public facilities that have adopted level of service standards.

(7)

Monitoring systems. Provide assistance in regards to the county's transportation and school facilities monitoring systems that have adopted level of service standards.

(8)

Findings and recommendations. Review rezoning, variance, conditional use, text amendment, and other land use applications that proceed to the board of adjustment, planning board, or BCC and provide findings or recommendations to the boards according to the provisions of the LDC.

(9)

Other duties. Perform other duties that may be designated by the LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The building official is appointed by the BCC to serve as the building codes administrator for the county. The official's authority and duties are prescribed by chapter 14, buildings and building regulations, part I, Escambia County Code of Ordinances, and include enforcing the provision of the Florida Building Code, making interpretations of that code, and adopting policies and procedures to clarify the application of its provisions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The county engineer, has the following authority and duties in the implementation of the LDC:

(a)

Standards and specifications. Within accepted standards of professional engineering practice, authorize modifications to specific engineering standards or specifications as specifically provided within the LDC or DSM.

(b)

Engineering considerations. Advise the planning official regarding his final determinations on subdivision infrastructure construction and platting, interpretations of engineering standards and specifications, and on other engineering based considerations in development matters.

(c)

Findings and recommendations. Make both general and specific comments on the proper application of DSM. Review responses established here are limited to the provisions of the LDC and DSM and do not override the responsibilities prescribed by law or ordinance for other county officials or boards. Provide findings or recommendations to the planning official according to the provisions of the DSM and LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The director of community and environment department shall set and execute the rules and regulations for administration for the department of community and environment, subject to the approval and under the direction of the board of county commissioners. He/she shall be a classified employee of the county and shall have the powers to perform the duties provided for by this LDC or as may be assigned by amendments hereto. He/she shall see that all laws and ordinances and rules and regulations are enforced.

Findings and recommendations. Make both general and specific comments on the proper application of DSM. Review responses established here are limited to the provisions of the LDC and DSM and do not override the responsibilities prescribed by law or ordinance for other county officials or boards. Provide findings or recommendations to the planning official according to the provisions of the DSM and LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

This article establishes the authority and duties of county boards, or to document the prior establishment of their responsibilities in other regulations, that are necessary to implement provisions of the land development code (LDC). This article identifies the specific LDC authority and duties of the board of county commissioners (BCC), planning board (PB), Santa Rosa Island Authority (SRIA), and board of adjustment (BOA).

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

The board of county commissioners is the legislative and governing body of Escambia County with authority and duties prescribed by Florida Statutes.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Authority and duties. The planning board is established by the comprehensive plan as the local planning agency (LPA) of Escambia County for the purposes established by Florida Statutes and additionally prescribed in the LDC. Accordingly, planning board members shall be informed and knowledgeable of the current conditions and development of the county. Board members shall also be familiar with county land development regulations, contemporary planning practices, and the rules of quasi-judicial proceedings. The board shall take action on all matters according to the requirements of the LDC, other applicable county ordinances, and state regulations as may be initiated by the board itself, the county administrator, or the BCC. The planning board has the authority and duty for:

(1)

Comprehensive planning. Prepare the Escambia County Comprehensive Plan or plan amendments, hold public hearings on the proposals, and make recommendations to the BCC regarding adoption. Additionally, monitor and oversee the status and effectiveness of plan implementation and recommend to the BCC any plan changes as maybe necessary.

(2)

Land development regulation. Hold public hearings to review all proposed text amendments to the LDC and make recommendations to the BCC regarding approval, particularly as to consistency with the comprehensive plan and other provisions of the LDC.

(3)

Quasi-judicial hearings. Hold quasi-judicial public hearings on proposed zoning map amendments (rezoning), vested rights, and planned unit developments (PUD), to review the established record of evidence in support of LDC criteria and make recommendations to the BCC regarding approval, particularly as to consistency with the comprehensive plan and LDC.

(b)

Membership.

(1)

Appointment. Each of the five county commissioners shall appoint one member, and the BCC as a whole shall appoint two "at large" members. All seven will be voting members and must be approved by a majority vote of the BCC. The Escambia County School Board shall appoint one ex officio member and the commanding officers of NAS Pensacola and NAS Whiting Field shall jointly appoint a second ex officio member. These two nonvoting members will provide the school district and military installations with the representation prescribed by Florida Statutes and interlocal agreement.

(2)

Qualification. All appointees of the BCC must reside within Escambia County and none shall be a paid or elected employee of the county. All persons seeking appointment shall furnish a resume or curriculum vitae to the county administrator and BCC demonstrating their qualifications to serve.

(3)

Terms of service. Each member appointed by an individual commissioner shall serve a four-year term concurrent with their appointing commissioner, and the two at large members shall serve two-year staggered terms. The school board and Navy representatives shall serve until replacement by their respective appointing authorities.

(4)

Removal and replacement. Any member appointed by an individual commissioner may be removed from office during his term by that commissioner, and any at large member may be removed by a majority vote of the BCC. Any voting member absent from four or more meetings within a 12-month period shall be removed by the BCC unless the absences are reported by the planning board chair as beyond the control of the absentee. The school board and Navy may replace their appointed representatives at any time and for any reason they determine appropriate. Any vacancy occurring during an unexpired term of a member shall be filled for the balance of the term according to the appointment and qualifications provisions applicable to that member.

(5)

Officers. The voting members shall elect a chair and vice-chair from among themselves. Terms of the offices shall be for two years, with eligibility for reelection.

(c)

Meetings. The board shall hold regular meetings for the consideration of business. Special meetings may also be held as the members may determine necessary, or at the call of the chair or planning official. All meetings shall be public and adhere to Florida Sunshine Law requirements.

(1)

Quorum and vote. At least four of the seven voting members must be present to hold a meeting, and a majority vote of those present is required for any official action to be taken at the meeting.

(2)

Procedure. The planning board shall follow its adopted rules of procedure for the transaction of its business consistent with the compliance review processes of the LDC and any other applicable county or state requirements. Any questions of order or procedure not covered by these rules shall be decided according to the latest edition of Robert's Rules of Order, as applicable.

(3)

Records. Minutes shall be kept of all proceedings, showing the vote of each member on each question considered, or the fact of their absence or failure to vote. Minutes and other records of official actions shall be maintained in the offices of the planning official.

(d)

Staffing and assistance. County planning staff shall assist in the work of the planning board by preparing agendas, publishing notices, posting signs, arranging meetings, distributing meeting minutes, and similar operational support. With the approval of the county administrator the planning board may call upon any county offices for information and advice that it believes will aid its work. It shall be the duty of the offices to furnish such information and advice promptly. A reasonable amount of expenses for the board, such as professional services and legal advertisements, shall be paid by the county upon the approval of the county administrator. However, no services may be contracted without prior approval of the BCC. The county attorney's office shall provide legal assistance to the planning board.

(e)

Savings clause. At the request of a citizen, county staff, or a planning board member, the planning board may consider whether the code is lacking any needed provision or regulation and the planning board may then make a recommendation to the board of county commissioner regarding whether any amendments are warranted.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

General. A special act of the 1947 Florida Legislature authorized the BCC to use that portion of Santa Rosa Island owned by Escambia County for purposes the BCC determined to be in the public interest. Additionally, the legislative act authorized and required the BCC to delegate to, and vest certain of its powers and authority in, a separate board - the Santa Rosa Island Authority (SRIA). The SRIA is charged with the general stewardship of Pensacola Beach and to protect the public interest in those resources that are unique to the county, state, and nation. More specifically, and within the scope of the LDC, the SRIA has the authority and duty for:

(1)

Land leasing. Lease Santa Rosa Island, in whole or parts, assuring that all such leases executed or renegotiated for the property under its authority are consistent with the comprehensive plan and LDC.

(2)

Floodplain administration. Administer and enforce the floodplain management provisions of the LDC through the SRIA general manager as the authorized floodplain administrator for Pensacola Beach. As floodplain administrator, the general manager is specifically authorized and directed to administer and enforce the floodplain management regulations of the county on Pensacola Beach as prescribed in chapter 4.

(3)

Development review. Review development proposed on Pensacola Beach for compliance with executed leases and specific provisions of the LDC, authorizing development or providing recommendations to the planning official, board of adjustment, or planning board, as applicable, regarding their final actions on the development proposals.

(4)

Quasi-judicial hearings. Hold quasi-judicial public hearings for Pensacola Beach properties to review established records of evidence in support of LDC criteria, and on the basis of those records to do the following:

a.

Variances. Grant, grant with conditions, or deny applications for substantial hardship variances to the strict site-specific application of eligible LDC development standards.

b.

Conditional uses. Grant, grant with conditions, or deny applications for conditional uses as identified within applicable zoning or other LDC provisions.

c.

Zoning map amendments. Make recommendations to the BCC regarding approval of requested zoning map amendments (rezoning), particularly as to consistency with the comprehensive plan and LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)

(a)

Authority and duties. The board of adjustment (BOA) is established and authorized by the BCC to review practical difficulties or undue hardships created by the strict application of land use regulations, and to grant relief according to the provisions of the LDC. However, the BOA is not granted legislative authority to substitute its judgment for that of the BCC, nor is it charged with the routine administration of the LDC. The board shall uphold the meaning and intent of the LDC as enacted by the BCC. Accordingly, BOA members shall be informed and knowledgeable of county land development regulations and the rules of quasi-judicial proceedings. The BOA shall take action on all matters according to the requirements of the LDC, and all other applicable county ordinances and state regulations. Except as established for the SRIA, the BOA has the authority and duty to hold quasi-judicial public hearings, to review established records of evidence in support of LDC criteria, and to grant, grant with conditions, or deny applications for all of the following:

(1)

Appeals. Appeals of orders, requirements, decisions, interpretations or determinations of administrative officials, including officials under the authority of the SRIA, regarding LDC compliance.

(2)

Variances. Substantial hardship variances to the strict site-specific application of eligible LDC development standards.

(3)

Conditional uses. Conditional uses as identified within applicable zoning districts or other LDC provisions.

(4)

Extensions. Long-term extensions of LDC standard periods of compliance approval or inactive nonconformance.

(5)

Temporary medical hardships. Temporary use of manufactured (mobile) homes or park trailers due to medical hardship.

(6)

Other. Other approvals as may be specified by the LDC.

(b)

Membership.

(1)

Appointment. Each of the five county commissioners shall appoint one member and the BCC as a whole shall appoint two "at large" members. All members must be approved by a majority vote of the BCC.

(2)

Qualification. All appointees must reside within Escambia County and none shall be a paid or elected employee of the county. All persons seeking appointment shall furnish a resume or curriculum vitae to the county administrator and BCC demonstrating their qualifications to serve.

(3)

Terms of service. Each member appointed by an individual commissioner shall serve a four-year term concurrent with their appointing commissioner, and the two at large members shall serve two-year staggered terms.

(4)

Removal and replacement. Any member appointed by an individual commissioner may be removed from office during his term by that commissioner, and any at large member may be removed by a majority vote of the BCC. Any member absent from four or more meetings within a 12-month period shall be removed by the BCC unless the absences are reported by the BOA chair as beyond the control of the absentee. Any vacancy occurring during an unexpired term of a member shall be filled for the balance of the term according to the appointment and qualifications provisions applicable to that member.

(5)

Officers. The members shall elect a chair and vice-chair from among themselves. Terms of the offices shall be for two years, with eligibility for reelection.

(c)

Meetings. The board shall hold regular meetings for the consideration of business. Special meetings may also be held as the members may determine necessary, or at the call of the chair or planning official. All meetings shall be public and adhere to Florida Sunshine Law requirements.

(1)

Quorum and vote. At least four of the seven members must be present to hold a meeting, and a majority vote of those present is required for any official action to be taken at the meeting.

(2)

Records. Minutes will be kept of all proceedings to provide a written record, including the meeting time, date and location, confirmation of public notification, participants, and official actions taken by the board. Minutes will record the vote of each member on each question considered, or the fact of their absence or failure to vote. Minutes and other records of official actions shall be maintained in the offices of the planning official.

(3)

Procedure. The BOA shall follow its adopted rules of procedure for quasi-judicial hearings consistent with the application review processes of the LDC and any other applicable county or state requirements.

(d)

Staffing and assistance. County planning staff shall assist in the work of the BOA by preparing agendas, publishing notices, posting signs, arranging meetings, distributing meeting minutes, and similar operational support. The office of the county attorney shall act as legal advisor to the BOA. Additionally, the BOA is authorized to acquire from any county offices information and advice that it believes will aid its work. However, such requests shall be made through the county administrator's office to ensure the proper allocation of resources and a timely response.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015)