Escambia County Unincorporated
City Zoning Code

CHAPTER 2

DEVELOPMENT AND COMPLIANCE REVIEW

Sec. 2-1.1 - Purpose of chapter.

(a)

General. This chapter establishes county review requirements necessary to effectively document compliance with the land development code (LDC) and authorize the use and development of land accordingly. The administrative authorities described in chapter 1 evaluate LDC compliance of land uses and development activities. More specifically, this chapter is intended to:

(1)

Identify county and applicant responsibilities in LDC development and compliance review.

(2)

Provide public notice requirements.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Site sign. At least 15 days prior to the hearing, a sign no smaller than 24 inches by 48 inches shall be prominently posted on, or as near as practicable to, the subject property and shall be clearly readable from the nearest public right-of-way.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail to the address registered with the property appraiser for each owner of real property with any portion of the property located within the required distance of the subject property as specified in this chapter. The cost of the notification is to be borne by the applicant requesting the review.

BOA variances: Adjacent parcels.

Appeal of administrative decision: 500-foot radius.

Conditional use: 500-foot radius.

Future land use map amendments: 500-foot radius.

Plan unit development (PUD): 500-foot radius.

Rezonings south of Nine Mile Road: 500-foot radius.

Rezonings north of Nine Mile Road: 2,500-foot radius.

Borrow pits: 2,500-foot radius.

LCD and CD&D: 2,500-foot radius.

10.

Recycling facilities (yard trash, asphalt or concrete): 2,500-foot radius.

(3)

Establish criteria for the evaluation of variances, rezonings, conditional uses, vested rights, LDC and comprehensive plan amendments, and other discretionary review processes.

(4)

Provide a mechanism for appeals of county land use and development decisions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 1, 3-16-2017)

Sec. 2-1.2 - Purpose of article.

This article establishes general provisions that broadly apply to all LDC development and compliance review within the chapter. The compliance review applicable to specific land uses and development activities is prescribed in the remaining articles of this chapter.

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

Sec. 2-1.3 - General compliance review provisions.

(a)

Prior county approval required. No land use or development activity regulated by the LDC is allowed prior to obtaining all applicable county approvals according to the provisions of the LDC. No county administrative authority may approve uses, activities, or other actions that do not comply fully with the requirements of the LDC. Additionally, any time the LDC or other regulations require authorizations by the planning board, board of adjustment (BOA), board of county commissioners (BCC), or other local authorities prior to final county approval of an application, those authorizations shall be evidenced in advance of final approval and not deferred in a condition of that approval.

(b)

Non-county approvals.

(1)

General. State, federal, and other non-county entities, including homeowners associations, may also regulate, govern, or otherwise influence the use or development of land. It is solely the responsibility of each landowner, regardless of LDC compliance review, to determine whether other agencies or entities have jurisdiction or responsibilities in the use of their property or activities upon it and to adequately communicate with them. Although the county may approve a land use application, that approval does not constitute, advocate, or assure approval by any other entity, nor does the approval of another entity relieve a person of the need to obtain appropriate county approval.

(2)

State and federal permits. As prescribed by Florida Statutes, the county may not require as a condition of a development permit that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the county action on the local development permit.

(c)

Applicable review. The planning official shall confirm the correct processes and direct applicants to the appropriate reviews prescribed by the LDC.

(d)

Concurrent review. To assist applicants in coordinating and expediting all county review, land uses and development activities shall be reviewed for compliance with other applicable county land development regulations during LDC compliance review. Those other regulations include accessibility requirements, fire safety regulations, and applicable health and safety policies.

(e)

Single-family lots. Any existing lot of record may have a single-family dwelling permitted on it regardless of how the lot was created, the condition or legal status of the access, or the minimum lot area or width required by the applicable zoning district.

(f)

Comprehensive plan limits. No permit may be issued for any development if it would cause any requirement in the comprehensive plan to be violated.

(g)

Authority to determine LDC meaning. The planning official shall, upon request or initiative, review the meaning and intent of LDC provisions as applied by county review personnel and, with due regard to the stated purposes and requirements of the LDC, clarify or revise that meaning as needed. Where additional technical or specialized knowledge is necessary to make an accurate interpretation, the planning official shall rely on the recommendations of those personnel having such knowledge. The final decision of the planning official will be recorded and posted for informational purposes.

(h)

Building code compliance. Although the LDC establishes setback, height, floor area ratio, and other land use regulations for structures and prescribes development standards for the sites they occupy, the review and approval of construction plans for structures shall be according to Part I, Escambia County building code. The construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of any building, structure, or facility or any appurtenances connected to such buildings, structures, or facilities shall be in compliance with the Florida Building Code. Site development plan approval is required to confirm LDC compliance, but separate review and approval is required to confirm building code compliance.

(i)

Split jurisdiction. When a land use or development activity is proposed within the jurisdictional boundaries of the county and another governing body, such as the City of Pensacola, Santa Rosa Island Authority (SRIA), and Town of Century, an application for the use or activity must be submitted as required by both jurisdictions. Each governing body has exclusive jurisdiction to approve the use or activity within its boundaries unless the governing bodies having the jurisdictions agree that application to and compliance review by only one is mutually acceptable.

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

Sec. 2-1.4 - General provisions of compliance review.

(a)

General. The LDC establishes compliance review provisions to authorize land uses and development activities that comply with applicable LDC requirements. The procedures vary with the complexity of issues evaluated, but each requires:

(1)

An application for county approval;

(2)

An opportunity for public participation;

(3)

An evaluation of LDC compliance;

(4)

A final compliance determination; and

(5)

An opportunity to appeal that determination.

The general requirements established in this section shall be combined with the specific requirements prescribed in the remaining articles of this chapter to obtain compliance review appropriate for the uses or activities proposed.

(b)

Application. The applicant requesting approval of a land use or development activity regulated by the LDC shall initiate the appropriate compliance review action prescribed in this chapter by submission of a complete application for review according to the adopted procedures for the application. Those procedures and all necessary application forms, checklists, and schedules shall be available to the public by the reviewing authority. Guidance to assist applicants in meeting application requirements shall also be provided and obtained from the appropriate governing body.

(1)

Pre-application inquiries. Prior to application for compliance review approval, representatives of the reviewing authority will be available to discuss with applicants any of the processes, regulations, and standards related to development objectives. Anyone unfamiliar with LDC requirements is strongly encouraged to consult the LDC and make sufficient inquiries to the county before submitting an application in order to avoid delays or penalties. As identified in this chapter, a meeting with review personnel is required for certain development review activities but are encouraged for all.

Applicants for any land use or development activity on Pensacola Beach property for which a pre-application meeting is not required shall consult with staff of the SRIA to review for any lease conditions that may affect the proposed use or activity.

(2)

Authority to apply. The applicant for compliance review shall be the owner of the subject land or be appropriately authorized by the landowner to submit an application. Where a proposed use or activity involves multiple parcels, common ownership or similar unified authorization shall be documented. For Pensacola Beach leaseholds the applicant shall be the lessee or authorized by the same. Authority to apply may be confirmed through public records or other means established and appropriate for the specific approval requested. For all applications it remains solely the responsibility of the applicant to obtain valid authorization of the landowner.

(3)

Fees. Where authorized by the BCC, payment of fees shall be required at the time of application or at the time the requested approval or other service is provided, according to the adopted procedures of the reviewing authorities.

(c)

Final determination. The final determination on an application typically follows the applicant's final response to review comments or the conclusion of any required public hearing testimony. The time necessary for an application to conclude with a final determination varies with the reviewing authority and compliance review.

(1)

Approval. Confirmation that a requested land use or development activity complies with all applicable LDC provisions is the issuance of a written document of final approval. At a minimum, the document shall identify the subject site, the action approved, the approving authority, the date and period of approval, and any site-specific conditions of the approval. Approval authorizes the applicant, subject to the continuing obligation of the approval terms and conditions, to commence the proposed use or activity. Use or activity other than that approved, or failure to comply with approval terms and conditions is a violation of the LDC and is subject to enforcement and the penalties prescribed.

(2)

Approval conditions. The LDC establishes both general and specific conditions of approval and may authorize other reasonable conditions considered necessary to address impacts of approvals and carry out the purposes of the LDC. After final county approval, no new conditions can be imposed and no existing conditions can be removed except by the established appeal provisions. Additionally, except as required by Florida Statutes for requested zoning changes necessary to properly enact a proposed comprehensive plan amendment, no use or activity may be approved conditional to a proposed change in either the future land use category or zoning district. The following conditions apply to all approvals:

Substantial conformance. The implementation of an approval shall be in substantial conformance with the terms and conditions of the approval.

Compliance inspections. All approved development is subject to county inspections for compliance with the conditions of its approval, including any approved plan. All engineering designs shall require "as built" certification by a Florida registered professional engineer prior to final inspection.

Other approvals. All applicable state and federal permits shall be obtained before commencement of the approved development.

(3)

Denial. For each application denied by the reviewing authority, the county shall inform the applicant in writing of the basis of the denial. Unless modified or overturned on appeal, a denial closes the original application. Any subsequent review for approval requires a new application and may incur a waiting period as set by department rules and procedures prior to any reapplication for substantially the same requested approval.

{4)

Risk in proceeding. The decisions of approving authorities in the LDC compliance review are final unless overturned through a valid appeal process. The county shall issue authorizations for uses and activities according to the decisions of these authorities. The applicant bears all risk in proceeding with an approved use or activity while the approval remains subject to appeal.

(5)

Modification of approvals. It is unlawful to modify, amend, or otherwise deviate from an approval without first obtaining written authorization from the approving authority. Unless specifically established in the LDC or provided through a successful appeal, modification of an approval including its terms and conditions requires a new application for review. Approved uses or activities modified without authorization are subject to the penalties and increased fees specified by the BCC. No certificate of occupancy or similar acceptance of site conditions by the county shall be issued for any unauthorized land use or development activity. Modifications to approvals may be requested by the applicant as prescribed in this chapter, but requests for modifications to certified engineering designs shall only be accepted from the engineer of record and require approval by the county engineer.

(d)

Appeal. Any LDC compliance review applicant, or other aggrieved party as defined by Florida law, may appeal the decision of an administrative official or board in their administration of the LDC as prescribed in this chapter. Decisions subject to appeal include formal interpretations of LDC provisions by the planning official and the final approvals, conditions of approval, or denials of development applications. However, recommendations of administrative officials or boards in any matter are not subject to appeal. Avenues of appeal are as follows:

(1)

County officials. A decision of a county official in his administration of the LDC may be appealed by application to the board of adjustment (BOA) for review within 15 days after the date of the official's decision according to the provisions for appeal of administrative decisions as prescribed in article 6. Appeal of decisions made by the building official in his administration of the building code shall be according to the provisions of the Escambia County Code of Ordinances, Part I.

(2)

Board of adjustment. If the final determination of the BOA is denial, no new application for the same use on the same parcel can be accepted for review until at least 180 days from the date of the denial. A final determination of the BOA may be appealed by petitioning the circuit court for judicial review within 30 days after the date of the board's decision, and providing a copy of the petition to the clerk of the board. Appeal is limited to an applicant or to an adversely affected person who appeared before the BOA in the quasi-judicial hearing and asserted a position on the merits of the application.

(3)

Santa Rosa Island Authority. The BCC may review and veto within thirty (30) days any substantive action taken by the SRIA involving changes in land use or the making or amending of commercial or developmental leases pursuant to Ch. 79-457, Laws of Florida.

(4)

Planning board. The recommendations of the planning board are not subject to appeal since they are the local planning agency's advice to the BCC.

(5)

Board of county commissioners. A BCC decision may be appealed by petitioning the circuit court for judicial review within 30 days after the date of the board's decision.

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

Sec. 2-2.1 - Purpose of article.

This article establishes the review criteria necessary to verify or confirm lot conformance, name streets and assign addresses, confirm alcoholic beverage zoning compliance, confirm statutory vesting, interpret LDC meaning, and confirm land use compatibility. These verification and confirmation procedures are defined by the general provisions of article 1 and the specific provisions of this article. They provide necessary documentation for the processes that grant such authorizations.

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

Sec. 2-2.2 - Permitted land use.

(a)

General. Verification of permitted land use is required to authorize any use or development of land regulated by the LDC. The procedure to verify land use is established to document the site-specific conformance of existing uses or potential new uses. Verification does not grant authorization to proceed with a land use or development activity, but is only a measure of the potential for a use or activity under the provisions of the LDC.

(b)

Verification of allowable or permitted uses. Application for permitted land use verification shall be submitted for review to the planning official. The applicant shall provide the required information.

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

Sec. 2-2.3 - Lot conformance.

(a)

General. Verification of lot conformance is required to authorize the use and development of existing lots when they cannot be verified as valid lots of record. The provisions to verify conformance are established to document that an individual lot created and conveyed without prior documented compliance review and authorization is, nevertheless, a physically conforming lot. This provision is not a substitute for proper LDC compliance review and approval of the subdivision of land, and it is not an alternative means to create or establish a lot of record. Lot conformance verification is limited to lots that are used solely as the homestead of the owner-applicant who is not the owner of the parent parcel from which the lot was divided.

(b)

Verification for lot conformance. Application for lot conformance verification shall be submitted for review to the planning official.

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

Sec. 2-2.4 - Street names and addresses.

Street naming and address assignment is required to authorize the use and development of land. The application shall be submitted for review to the county Geographic Information System (GIS) office. The assigning of street names and addresses is to provide and document proper site identification necessary for the approval of land use applications and the subsequent provision of emergency response, postal delivery, utility connection, and other essential services. The verification or assignment of an address or the approval of a street name neither provides nor assures any land use or development activity approval, vested right, or capacity allocation.

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

Sec. 2-2.5 - Alcoholic beverage zoning.

Confirmation of alcoholic beverage zoning compliance is required by the State of Florida for licensing the sale or on-premises consumption of alcoholic beverages. Application for alcoholic beverage zoning compliance confirmation shall be submitted for review to the planning official. Any subsequently licensed sales shall comply with relevant provisions of the Escambia County Code of Ordinances.

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

Sec. 2-2.6 - LDC interpretation.

(a)

General. The planning official shall review and interpret any provisions of this Code for purposes of clarification or determination of meaning and intent. If questions should arise regarding the meaning, intent, or interpretation of any provisions, a review for interpretation can be requested by the applicant per the procedures set forth by the department. Interpretations or determinations made by the planning official shall be subject to review by the board of adjustment as an administrative appeal.

(b)

Interpretation process.

Application. Application for interpretation of a LDC provision shall be submitted for review to the planning official. The applicant shall provide any authorized fees and the information required by the adopted interpretation procedures. That information shall include the following:

(1)

Conditions. A description of the specific conditions to which the interpretation will apply.

(2)

Prior meaning. The meaning of the provision previously provided by authorized county review personnel.

(3)

Insufficiency or error. A description of how the prior meaning provided is thought to be insufficient or in error.

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

Sec. 2-2.7 - Compatibility.

(a)

General. To confirm that proposed land uses and development activities are compatible with adjacent uses or conditions, a review for compatibility is required for rezoning and may be necessary for certain types developments specified herein.

(b)

Confirmation for compatibility. Application for land use compatibility confirmation shall be submitted for review to the planning official.

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

Sec. 2-3.1 - Purpose of this article.

This article establishes the review necessary to confirm LDC compliance and authorize site-specific land disturbance activities that are not evaluated separately by the other review procedures of this chapter. These land disturbance reviews are defined by the general provisions of article 1 and the specific provisions of this article. They provide appropriate evaluations of activities that have the potential for producing adverse off-site impacts, especially regarding stormwater, if not properly planned and managed. This article includes review for demolition of structures, work in county rights-of-way, removal of protected trees, and sand and aggregate use on barrier islands. Borrow pits and other site development, not limited to land disturbance activity, require compliance review according to the provisions of article 4.

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

Sec. 2-3.2 - General land disturbance.

(a)

General. A general land disturbance permit is required prior to beginning any activity involving the clearing, cutting, excavating, filling, or grading of land, or any other activity that alters land topography or vegetative cover and is not authorized by the other land disturbance permits of this article. The purpose for authorizing general land disturbance is to assure that such activities, especially those with the potential to significantly change stormwater surface runoff patterns, comply with the stormwater management standards found in chapter 5 of the LDC and in the design standards manual chapter 1(DSM). Such activities must not result in adverse impacts on adjoining properties, surface waters, environmentally sensitive lands, roadways, or drainage systems.

(b)

Permit for land disturbance. Application for a general land disturbance permit shall be submitted for compliance review to the planning official.

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

Sec. 2-3.3 - Pre-construction site work.

(a)

General. If no building permit is required or a building permit has not been issued, a pre-construction site work permit is required to begin any land disturbance activity, except for single-family and two-family developments.

(b)

Permit for pre-construction site work. Application for a pre-construction site work permit shall be submitted for compliance review to the building official.

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

Sec. 2-3.4 - Construction in county right-of-way.

Unless construction in a county right-of-way is authorized by a residential driveway permit or other county approval, a county right-of-way work permit is required prior to disturbing the paved portion, or any area beneath the paved portion, of any county right-of-way; or prior to installing underground facilities in a county right-of-way; or prior to work, other than maintenance, on a driveway connection within a county right-of-way. A permit is not required for work or improvements included within approved subdivision infrastructure construction plans or site development plans, or for any exempt activities identified by the procedure for making road cuts, within local public improvements, Escambia County Code of Ordinances.

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

Sec. 2-3.5 - Residential driveways.

A residential driveway permit is required prior to construction of any driveway connection from the lot of a single-family or two-family dwelling to any county street, paved or unpaved, unless the connection is to a street with curb and gutter and is constructed during the valid period of the building permit for the dwelling. A driveway permit is also required prior to any work, other than maintenance, on an existing residential driveway connection to a county street. Application for a residential driveway permit shall be submitted for compliance review to the planning officials.

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

Sec. 2-3.6 - Removal of protected trees.

A tree removal permit is required prior to removing or otherwise causing unnatural decline by irreparable injury to any protected tree unless that activity is authorized through site development or other compliance review provisions of this chapter. The process to authorize the removal of a protected tree is established in the DSM.

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

Sec. 2-3.7 - Sand and aggregate on barrier islands.

A sand and aggregate use permit is required prior to placement on Santa Rosa Island or Perdido Key of any sand, aggregate, or other construction or landscaping materials regulated by the LDC, regardless of any other land disturbance permits issued or other approvals granted through the LDC compliance review. The process to authorize the placement of these regulated materials is established in the design standards manual, chapter 2 (DSM) to prevent the importation, use, and relocation of red clay and other prohibited materials that tend to discolor, darken, or stain the natural white sands of those barrier islands.

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

Sec. 2-4.1 - Purpose of article.

This article establishes the provisions necessary to confirm LDC compliance and authorize forms of site-specific development that propose more than land disturbance activities but do not include the subdivision of land. These site development review provisions are defined by the general provisions of article 1 and the specific provisions of this article. They evaluate a wide range of land uses and development activities. This article includes major and minor review provisions for the establishment or change of uses and for the construction of structures and supporting infrastructure, whether principal or accessory, residential or non-residential, permanent or temporary. Site development plan approval is not a permit to construct any structure that is regulated by the Florida Building Code. If all the applicable regulations concerning the proposed project for a major or minor development are met, a development order shall be issued, with or without conditions, by the approving authority which shall be a continuing obligation to comply with the specifications of the plan and the terms and conditions of that approval.

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

Sec. 2-4.2 - Site development review.

(a)

Approval required. Any site development regulated by the LDC requires county review and approval of a major or minor site development plan, according to the provisions of this article, unless the development is evaluated by other compliance review provisions of this chapter or is specifically identified in the LDC as exempt from these processes. And, if site development is anticipated to occur in phases beyond the valid period of an individual site plan approval, review and approval of a master plan is advisable to secure certain development conditions prior to the separate review and approval of multiple phase plans. A representative from the Escambia County Area Transit (ECAT) will review the site development plan if applicable.

(b)

Timing of building plan review. Although it may be advisable, it is not necessary for an applicant to delay the building construction plan compliance review until the site development plan is reviewed and approved. Once the building code compliance review begins, the applicant bears all risk in the possibility of a modification to the building construction plans required by a modification in the site development plans and the expense for review of revised and resubmitted construction plans.

(c)

Documentation by site plan. Site development compliance review requires the submission of a site plan to provide standardized documentation of compliance with county land development regulations. The form and content of a site plan shall be appropriate to the documentation necessary for the proposed site changes. Once approved, the site plan also documents how completed site changes comply with approved changes. The wide range of site plan content identified in this section is an indication of the types of documentation that may be required for compliance review. In general, as much information as is reasonably necessary to document LDC compliance shall be required on a site development plan, increasing with the complexity of site uses and improvements to be evaluated. The minimum information required for any specific compliance review process shall be according to the adopted procedures.

(1)

Existing conditions. The compliance review of a land use or development activity must consider what is already on and around the site and any jurisdictional constraints. A site development plan shall document existing conditions that will likely affect or be affected by the use or activity, even conditions for which no change is anticipated.

(2)

Proposed changes. A site development plan shall document the temporary or permanent construction or placement of site improvements and other proposed changes to existing conditions. For a development constructed in phases, the plan shall document the sufficiency of each phase to comply with the LDC, without regard to uncompleted changes of the remaining phases.

(3)

Supporting information. The effective documentation of existing conditions and proposed changes typically requires other supporting site information, along with a supporting checklist.

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

Sec. 2-4.3 - Minor site development.

(a)

General. Minor site plan approval is required to authorize those land uses or development activities categorized as a "minor site development" in this section. The process to approve a minor site development evaluates uses and activities that typically produce fewer and/or less complex LDC compliance conditions than major development. As a result, compliance usually requires less documentation and fewer resources to confirm. Minor review primarily verifies that the use is permitted, the lot conforms, structures are appropriately placed, site access is adequate, public facilities are provided, and no adverse off-site impacts are created.

(b)

Categories of minor development. Minor site development is limited to the following categories:

(1)

Single-family and two-family residential. Residential site development is a combination of single-family and two-family dwellings that results in no more than four dwelling units on a lot. The category includes all uses and structures customarily accessory to such dwellings, including fences, enclosures, swimming pools, carports, and portable storage containers, and the conversion of a nonresidential building to a one- or two-family dwelling.

(2)

Nonresidential change of use. Change of use in which the site development changes any nonresidential use of a non-residential structure or site to another nonresidential use, provided that any additional trip generation is minor and modifications are limited to those of the minor nonresidential and minor multifamily category in this section. For these purposes, minor trip generation corresponds to a less than a 25-percent increase in the minimum parking required by the applicable unmodified base parking ratios in chapter 5 and the DSM.

(3)

Temporary nonresidential. Temporary establishment of a nonresidential use or structure including portable storage containers, portable shelters, mobile vending units, amusement structures, temporary constructions, sales offices, and other temporary uses and structures prescribed in chapter 4.

(4)

Minor nonresidential and multifamily. Minor additions and modifications and accessory uses and structures for existing non-residential or multifamily development if the net increase in site impervious cover from all sources is less than 1,000 square feet. Repeated additions of impervious surface constructed since the adoption of the LDC shall be combined for the application of this limit. Accessory uses include fences and signs.

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-4.4 - Major site development.

(a)

General. Major site plan approval is required to authorize those land uses or development activities categorized as a "major site development" in this section. The process to approve a major site development evaluates uses and activities that typically produce greater or more complex LDC compliance conditions than minor development.

(b)

Categories of major review. Major site development is limited to the following categories:

(1)

Multifamily residential. Residential site development in which there are five or more dwelling units in any combination on a lot. This category includes uses and structures customarily accessory to multifamily developments, such as fences, swimming pools, carports, mail kiosks, maintenance sheds, and clubhouses when they are not eligible for review as minor site developments. The conversion of a nonresidential building into a multifamily dwelling is included in this category.

(2)

Residential change of use. Change of use in which the site development changes any residential use of a structure to any nonresidential use, in whole or part. This category applies to any principal or accessory residential structure but does not apply to home occupations or home-based businesses as defined by the LDC.

(3)

Major nonresidential. New principal and accessory uses and structures not reviewed by any other nonresidential review category.

(4)

Master plans. Master plans for phased site development are intended to provide the developer with confirmation that the development is properly planned according to the regulations and standards of the LDC. The master plan ensures integration with the surrounding land uses and development and the sufficiency of the supporting infrastructure at the completion of each phase.

(5)

PUDs. Planned unit development (PUD) submitted under the PUD provisions of article 6. If all the applicable regulations concerning the proposed project for a PUD are met, a development order shall be issued, with or without conditions, by the approving authority that shall be a continuing obligation to comply with the specifications of the plan and the terms and conditions of that approval.

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.1 - Purpose of article.

This article establishes the review provisions to confirm LDC compliance and authorizes the subdivision of land. These subdivision review requirements are defined by the general provisions of article 1 and the specific provisions of this article. They evaluate subdivisions to avoid the creation of lots with unnecessary constraints on their subsequent development, including inadequate access, buildable areas, potable water supply, sewage disposal, and fire protection. More specifically, this article includes review processes for minor subdivisions, master plans, preliminary plats, infrastructure construction plans, final recorded plats, and plat vacation. Subsequent development on individual lots created by a subdivision is evaluated and authorized through the applicable compliance review processes established in other articles of this chapter.

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

Sec. 2-5.2 - Subdivision review and platting.

(a)

Approval required. The division of a parcel of land into three or more lots requires county review and approval, unless the subdivision is specifically identified in the LDC as exempt. Prior to recording any "final plat, review and approval of a preliminary plat with an infrastructure construction plan is required if infrastructure improvements are proposed. If subdivision construction and platting are to occur in phases, review and approval of a master plan are required prior to a separate review and approval of the individual phases.

(b)

Exemptions from subdivision review. Exemptions from the subdivision compliance review of this article accommodate limited special conditions in the division of land.

(1)

Boundary line changes. Conveyances of land that are executed to increase the size of adjoining parcels or resolve boundary line disputes and do not create additional parcels separate and apart from the existing parcels are not subject to the review unless proposed through a subdivision replat.

(2)

Family conveyance. The subdivision of land for family conveyance does not need approval through the review of this article.

(3)

Individual conforming lot. An individual lot verified as a conforming lot does not need approval through the subdivision review of this article.

(c)

Replatting land. The proposed replatting of all or part of the land of a recorded plat shall follow the same review process as the initial subdivision platting.

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

Sec. 2-5.3 - Minor subdivisions.

(a)

General. Minor subdivision approval is a limited option for the subdivision of one or more lots of record where the supporting infrastructure is already in place and the subdivision is not subject to the platting requirements of Florida Statutes. Unless subdivision complies with all of the following criteria, it is not eligible for the minor subdivision option and shall require preliminary and final plat approval as prescribed in this article:

(1)

Number of lots. If any subdivision lots are less than four acres, the maximum number of lots that can be created is five.

(2)

Existing street frontage. All subdivision lots front on an existing public or private street, paved or unpaved, providing the minimum right-of-way prescribed in chapter 5.

(3)

No new streets. No new street or any extension of an existing street is proposed or required.

(4)

No dedications. There is no dedication of public improvements. This does not preclude such acquisitions as an additional right-of-way for an existing street to provide the minimum width prescribed by the LDC.

(5)

Lot grading plans. A lot grading plan is required for each lot; however, a stormwater management plan may not be required.

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article. Approved minor subdivisions shall be effective and remain valid for period of one year from the date of approval. The minor subdivision plat shall expire and be void if each of the newly created lots are not recorded by deed or other legal instrument in the official records of the county within the valid period of approval.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-28, § 1, 7-5-2018)

Sec. 2-5.4 - Master plans.

(a)

General. Master plans approval is required for any phased subdivision of land. A master plan is intended to provide the developer with confirmation that the subdivision is properly planned according to the regulations and standards of the LDC. The master plan ensures integration with the surrounding land uses and development and the sufficiency of the supporting infrastructure at the completion of each phase master plan approval vests the approved land uses and density, but it does not reserve development standards, guarantee buildable density, nor assure approval of any implementing plats or construction plans. Each implementing phase requires submission of a preliminary plat, construction plan, and final plat.

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.5 - Preliminary plats.

(a)

General. Preliminary plat approval is required to map the proposed subdivision of land and to ensure the division of land meets all the land use regulations of the LDC.

(b)

[Submission of plat.] Preliminary plat can be submitted separate or at the same time the construction plans are submitted. The approved preliminary plat reserves the density applied for. Each phase of a subdivision requires submission of a preliminary plat.

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.6 - Construction plans.

(a)

General. Construction plan approval is required to document the design of infrastructure to adequately serve the created lots. Infrastructure capacities will be allocated upon final development plan approval. The approval allows the construction of the subdivision infrastructure to proceed, but it does not allow development on the individual subdivision lots prior to the recording of a final plat, except for temporary uses as specifically provided in Chapter 4.

(b)

[Submission of plans.] Construction plans must be submitted within two years of the preliminary plat approval. Plans may be submitted concurrently with the preliminary plan, at the discretion of the applicant. If the construction plans show substantial deviations from the approved preliminary plat, the applicant must submit a revised preliminary plat prior to construction plan approval.

(c)

Substantial deviations. Deviations shall be determined by the planning official and/or the county engineer. Deviations may include, but not limited to, the following:

(1)

Any increase in the number of lots proposed.

(2)

Significant realignment of proposed roadway.

(3)

Increased impacts to public services (sanitary sewer, potable water, solid waste.)

(4)

Revised location of roadway connection to county road.

(d)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.7 - Final plats.

(a)

General. Final plat approval is required to map the proposed subdivision of land in compliance with the platting requirements of Florida Statutes, so that, upon its recording, all land shown on the plat that is a part of the subdivision is identified and may be conveyed by reference to the plat, including the dedication of rights-of-way and easements. Final plats and replats that meet the requirements of F.S. § 177.091, and applicable conditions of preliminary plat and infrastructure plan approval shall be approved administratively by the county planning official or designee. In the event of a conflict between the provisions of section 51 and any other provision of the land development code, the provisions of this section shall prevail.

(b)

Application for the final plat. Applicants shall submit their request to the office of the planning official. Applications shall be submitted within two years of the date that the preliminary plat and construction plans were approved unless an extension is granted as provided in chapter 2. Within seven business days of receiving a final plat or replat submittal, county planning official or designee shall issue written acknowledgment of receipt and shall identify any deficiencies. If the submittal is determined to be incomplete or noncompliant, the administrative authority shall issue a written denial stating with specificity each deficiency and the code or statutory provision not satisfied. No applicant shall be required to submit a request for time extension in order to address deficiencies identified within that seven-day period.

(c)

Warranty agreement. Applicants seeking final plat approval shall warrant that all public subdivision improvements are built in accordance with approved construction plans and free from design, construction, material, and workmanship defects for a period of two years from the date that the final plat is recorded. The applicant shall make the warranty on a form of warranty agreement published by the county. All warranty agreements shall be presented to the county engineer for formal approval and acceptance.

(d)

Incidental deficiencies. At the discretion of the county engineer, final plats may be submitted to the county planning official or designee for approval with minor defects to public subdivision improvements that are determined to be incidental deficiencies. Incidental deficiencies are primarily cosmetic in nature and do not undermine the function or stability of the public subdivision improvements. Incidental deficiencies include but are not limited to the following:

(1)

Cracked curbing or other cracked concrete that is not destroyed or displaced but still functions for the intended use.

(2)

Minor ponding of water on asphalt, provided base failure is not evident.

(3)

Minor settling of asphalt areas, provided base failure is not evident.

(4)

Minor defects in stormwater pipe, provided installation is in accordance with the manufacturers' requirements.

(5)

Ponds recharging at a slow rate, but still meeting regulatory requirements.

(6)

Seed or sod that has failed to establish sufficient ground cover for final stabilization and erosion control.

Incomplete installation of street signs and pavement markings shall not be considered incidental deficiencies. If incidental deficiencies exist when the final plat is submitted for approval by the county planning official or designee, the applicant shall also include financial security with the executed warranty agreement.

(e)

Acceptable forms of financial security. Financial security shall be in the form of a cash deposit or irrevocable letter of credit. The cash deposit shall be held in an interest-bearing account with withdrawals conditions upon approval of the county administrator. Interest on cash deposits shall be retained by the applicant only if the applicant satisfactorily corrects all incidental deficiencies guaranteed by the deposit.

(f)

Amount of financial security. If financial security is required, the applicant shall provide an estimate from the engineer of record for the cost to remove and replace all public subdivision improvements with incidental deficiencies. The amount of the financial security to be provided by the applicant shall be 150 percent of the cost estimate or $7,500.00, whichever is greater.

(g)

Warranty inspection. The county shall inspect all warranted public subdivision improvements prior to the expiration of the two-year warranty period and provide to the applicant a list of deficiencies noted during the inspection. The applicant shall remain responsible for correcting any deficiencies noted in the inspection even if the corrective action is not completed until after the expiration of the two-year warranty period.

(h)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(i)

Recreational amenities. For proposed subdivisions that are designed to utilize significant recreational amenities, including but not limited to a golf course, swimming pool, club house or tennis courts, the area designated for those uses shall be included in the final plat.

(j)

Infrastructure maintenance disclosure. For any residential plat submitted to the board on or after June 1, 2017, the applicant shall provide a complete listing of the infrastructure expected to be constructed within the platted area along with the location of such infrastructure and a disclosure of the person or entity responsible for maintenance and ownership of such infrastructure. The format of this disclosure shall substantially mirror that provided in section 86-166 of the Escambia County Code of Ordinances.

(k)

Digital files. With the submittal of the final plat mylar for administrative approval, a digital file of the plat in a DWG or DXF format shall be provided to the county in the following datum and projection:

(1)

Datum: NAD83 (2011) or most current realization as defined and maintained by the National Geodetic Survey (NGS).

(2)

Projection zone: Florida North (State Plane — US Survey Foot Definition).

(3)

Projection type: Lambert Conformal Conic.

(l)

Acceptance of public infrastructure. The county administrator or designee shall accept all public infrastructure, including but not limited to rights-of-way, easements, drainage improvements, and other facilities depicted upon the final plat for permanent county maintenance. The county's obligation to maintain any portion of the infrastructure is subject to satisfaction of all applicable regulatory conditions of approval. If, during home construction, it is determined that such infrastructure is not in compliance with applicable approvals, the county engineer shall notify the building official to suspend building permits and inspections until the deficiency is corrected.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016; Ord. No. 2017-8, § 1, 2-16-2017; Ord. No. 2017-50, § 1, 8-3-2017; Ord. No. 2025-38, § 2, 9-16-2025)

Sec. 2-5.8 - Plat vacation.

(a)

General. Plat vacation approval is required to vacate a subdivision plat in whole or part after the plat has been recorded in the public records of the county. The approval to vacate a final plat accommodates a replat or a return to acreage for the subject land, according to Chapter 177, Florida Statutes.

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016)

Sec. 2-6.1 - Purpose of article.

This article establishes the review provisions necessary to consider and authorize limited development alternatives under conditions and circumstances not evaluated by the other provisions of this chapter.

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

Sec. 2-6.2 - Review by quasi-judicial hearing.

Quasi-judicial hearings are required for final determinations on the following applications: Appeals of administrative decisions, variances, conditional uses, substantial hardship variances and other reviews as prescribed within this article.

Public notification is required as further outlined in this article. The cost of the notification is to be borne by the applicant requesting review.

(1)

Public participation. Prior to any hearing to consider a variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail. For notification distances, see section 2-1.1. The cost of the mailing is to be borne by the applicant.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.3 - Variance of LDC standards.

(a)

General. The variance process considers whether there are deficiencies in real property that create hardships which limit or prevent development in compliance with LDC standards. Variances provide relief by allowing adjustments in eligible development standards to permit the reasonable use of land, mitigate limited site-specific conditions, and avoid undue hardship. A variance authorizes site use in a manner that is not otherwise allowed by the dimensional or physical requirements of the LDC. However, a variance cannot authorize any use that is prohibited by the applicable zoning district or remedy any general hardship conditions that may extend to other properties. No applicant is automatically entitled to a variance.

(b)

Limits on variances. Minor variances of 20 percent or less that are of mutual benefit to the public and the applicant are evaluated and may be approved by the planning official. All other variances shall be evaluated as substantial hardships through quasi-judicial public hearing review by the board of adjustment (BOA), or by the SRIA for Pensacola Beach properties.

Variances are available and may be granted only for the LDC standards that specifically provide the option, and only as allowed by the provisions of the LDC. No variances are available to any provisions of chapters 1, 2, or 6. Additionally, variances cannot be granted to any provisions that establish the allowable uses or densities in a zoning district or to any conditions of approval imposed by an approving authority.

(c)

General variance conditions. All variances shall satisfy the following conditions:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

Granting the variance requested will not confer on the applicant any special privilege that is denied by this land development code to other lands, buildings or structures in the same zoning district.

(4)

Strict application of the provisions of the land development code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Land Development Code and would create an unnecessary and undue hardship on the applicant.

(5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

The granting of the variance will be consistent with the general intent and purpose of the Land Development Code and that such variance will not be injurious to the area or otherwise detrimental to the public welfare.

(d)

Substantial hardship variance provisions. An applicant may request a substantial hardship variance providing limited relief for a hardship arising from conditions peculiar to a specific property. The process to approve a substantial hardship variance is established here for the BOA and SRIA to consider whether there is a deficiency in real property that creates a substantial undue hardship for the property owner by preventing development of the property in compliance with a LDC standard and whether a requested adjustment in the standard should compensate for that deficiency.

(1)

Application. An application for substantial hardship variance approval shall be submitted for compliance review to the clerk of the reviewing board within the deadline stated in the application. A pre-application meeting with staff is recommended.

(2)

Public participation. Prior to any hearing to consider a substantial hardship variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Compliance review. The BOA or SRIA shall conduct a quasi-judicial public hearing as noticed to consider the requested substantial hardship variance according to the provisions of this article. The applicant must establish the presence of the following:

Exceptional conditions. There are exceptional conditions or circumstances that are unique to the land in question, not ordinarily found on other lands in the vicinity and not a result of the owner's intentional action. Unique conditions or circumstances include exceptional narrowness, shallowness, shape, or topographic conditions of the land or the presence of environmentally sensitive lands in or around the land.

Substantial hardship. Under the unique land conditions or circumstances prompting the variance request, the strict application of LDC standards causes an exceptional practical difficulty or undue physical hardship to the owner that effectively prohibits a permissible principal use or denies rights and privileges legally enjoyed by owners of other properties in the vicinity or within the same zoning district.

(4)

Final determination.

Action of board. If the reviewing board finds from the established record of the hearing that there is a compelling demonstration by the applicant of competent substantial evidence proving the required conditions, the board shall grant a variance. However, a variance may only be granted to the extent supported by the evidence presented.

Period of valid approval. If not otherwise reduced as a condition of approval, a variance is valid for two years from the date of approval. If within that period the variance is not part of an approved site development application or one continuing in good faith as determined by the planning official and no application for its extension has been submitted according to the provisions of this article, the variance approval expires and is void. Once the variance is part of an approved site development plan, however, the variance will remain valid through the approved plan.

Other conditions of approval. In granting a variance, the reviewing board shall have the authority to attach any conditions directly related to the variance as the board may find necessary for satisfaction of the variance conditions and preservation of the intent of the subject standard.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017; Ord. No. 2019-15, § 2, 3-7-2019)

Sec. 2-6.4 - Conditional uses.

(a)

General. The LDC may conditionally allow other uses in addition to the permitted uses within each zoning district. Conditions that may justify conditional use approval are evaluated through quasi-judicial public hearing review by the board of adjustment (BOA), the Santa Rosa Island Authority (SRIA) for Pensacola Beach properties, or the board of county commissioners (BCC) for certain uses as noted in the applicable zoning district.

(b)

Limits on conditional uses. Conditional uses are subject to the following limitations:

(1)

Availability. Conditional uses are available and may be granted only to land for which that option is specifically provided by the applicable zoning district or other provisions of the LDC.

(2)

Invalid reasons. Nonconforming, unapproved, or unlawful uses, structures, or conditions are not considered special conditions or other valid reasons for granting any conditional use.

(3)

Site specific. A conditional use can only be granted based on a site-specific review of an individual lot of record or development parcel. Conditional uses are not available to subdivisions or other groups of individually developed lots.

(4)

Multiple uses. If more than one conditional use is proposed, the conditions shall be addressed for each use.

(c)

Conditional use provisions.

(1)

Application. Application for conditional use approval shall be submitted for compliance review to the clerk of the reviewing board within the time period stated in the application. A pre-application meeting with staff for the board is recommended.

(2)

Public participation. Hearings to consider a conditional use shall be open to the public. Prior to any hearing to consider a conditional use, the county shall provide reasonable notice to the public as required by Florida Statutes.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Compliance review. The reviewing board shall conduct the quasi-judicial public hearing to consider the requested conditional use. The applicant has the burden of presenting competent substantial evidence that establishes each of the following conditions:

General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.

Facilities and services. Public facilities and services, especially those with adopted levels of service, will be available, will provide adequate capacity to serve the proposed use consistent with capacity requirements.

On-site circulation. Ingress to and egress from the site and its structures will be sufficient, particularly regarding vehicle and pedestrian safety and convenience, efficient traffic flow and control, on-site parking and loading, and emergency vehicle access.

Nuisances and hazards. The scale, intensity, and operation of the use will not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical interference, or other nuisances or hazards for adjoining properties and other properties in the immediate area.

Solid waste. All on-site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.

Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

Signs and lighting. All exterior signs and lights, whether attached or freestanding, will be compatible with adjoining properties and other properties in the immediate area, especially regarding glare and traffic safety.

Site characteristics. The size, shape, location and topography of the site appear adequate to accommodate the proposed use, including setbacks, intensity, bulk, height, open space and aesthetic considerations.

Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use or other provisions of the LDC.

(4)

Final determination.

Action of board. When the reviewing board finds from the record of the hearing that the applicant has presented competent substantial evidence proving the required conditions, the board shall grant a conditional use, unless the board finds from the evidence presented that granting the conditional use will be adverse to the public interest.

Period of valid approval. A conditional use approval is valid for a period of four years from the date of approval. If within that period the conditional use is not part of an approved site development application or one continuing in good faith review as determined by the planning official, the conditional use approval expires and is void. No extension of the initial approval is available. However, once the conditional use is part of an approved site development plan, the conditional use approval will remain valid through the approved plan.

Other conditions of approval. In granting a conditional use, the reviewing board shall have the authority to attach any conditions directly related to the use as the board may find necessary for satisfaction of the conditional use conditions and preservation of the intent of the applicable zoning district. Such conditions include setbacks, height, impervious cover, total floor area, building orientation, screening, buffering, site signage and lighting, and hours of operation.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-18, § 1, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.5 - Extensions of review, approval, and use periods.

(a)

General. The LDC requires good faith efforts in adhering to its established periods, but extension of an eligible LDC time limit may be requested according to the provisions of this section whereby a landowner asserts that the limit does not anticipate legitimate delays in compliance. However, no applicant is automatically entitled to any extension. Short-term (six-month) extensions are evaluated by the planning official, and longer extensions (one year) shall be evaluated through a quasi-judicial public hearing review by the BOA. These extension processes allow additional time for concluding the compliance review, developing an approved use, and continuing or reestablishing some uses.

(b)

Limits on extensions. Extensions to LDC periods are subject to the following limitations:

(1)

Availability. Extensions are available and may be granted only for LDC periods that specifically provide that option, only if a complete application for the extension was submitted prior to the expiration of the period for which the extension is requested, and only as otherwise allowed by the provisions of the LDC.

(2)

Approving authority. Extensions to any period not required by the LDC but imposed as a condition of approval by an approving authority cannot be granted by another approving authority.

(3)

Individual and multiple limits. An extension can only be granted based on a specific review of an individual period. If an extension of more than one period is requested, the extension criteria shall be evaluated for each limit.

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

Sec. 2-6.6 - Medical hardship temporary use of manufactured homes.

(a)

General. Temporary placement of a manufactured (mobile) home or park trailer may be requested according to the provisions of this section when a landowner asserts that existing medical conditions require in-home care and an accessory dwelling to reasonably provide it. The manufactured home may be placed within any mainland zoning district to remedy a medical hardship according to the temporary use provisions of chapter 4, regardless of the density limits of the applicable zoning. The requirements to grant the temporary use of a manufactured home or park trailer as an accessory dwelling to provide in-home medical care is considered by the BOA in a quasi-judicial hearing whether conditions warrant such use.

(b)

Medical hardship temporary use.

(1)

Application. An application for approval of the medical hardship temporary use of a manufactured home or park trailer shall be submitted for compliance review to the clerk of the BOA within the time frame provided in the application. A pre-application meeting with staff for the board is recommended. The applicant shall provide any authorized fees and the information required by the adopted medical hardship temporary use procedures. That information shall include a general site plan showing the proposed location of the manufactured home in relation to other site improvements and conditions and other documentation satisfying the medical hardship temporary use conditions established in this section.

(2)

Public participation. Prior to any hearing to consider the medical hardship temporary use of a manufactured home or park trailer, the clerk of the BOA shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Compliance review. The BOA shall conduct a quasi-judicial public hearing as noticed to consider the requested medical hardship temporary use of a manufactured home or park trailer according to the provisions of this article. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions:

Certified need. A Florida-licensed physician certifies in writing the medical need, specifying the extent of the need for in-home medical care and the approximate length of time for such in-home medical care.

Minimum necessary. Conditions and circumstances make it difficult or impossible for the recipient and provider of medical care to reside in the same dwelling and the temporary accessory dwelling is the minimum necessary to provide relief of that medical hardship.

Adequate public services. The manufactured home or park trailer will have adequate water, sewer, solid waste removal, and electric services available.

Compatibility. The temporary use will not produce adverse impacts on the uses of surrounding properties.

Standard conditions. The temporary use can comply with the applicable standards of chapter 4.

(4)

Final determination.

Action of board. If the BOA determines from the established record of the hearing that there is a compelling demonstration by the applicant of competent substantial evidence proving the required conditions, the board shall grant the temporary use of a manufactured home.

Period of valid approval. Approval of the medical hardship temporary use of a manufactured home or park trailer is valid for a period of one year from the date of approval. If within that period the temporary use is not part of an approved site development application or one continuing on good-faith review as determined by the planning official, the temporary use approval is void. Once the temporary use is part of an approved site development plan, however, the use approval will remain valid through the approved plan.

Period of use. The medical hardship temporary use of a manufactured home or park trailer is initially limited to two years from the date the certificate of occupancy for the home is issued. An extension to the period of use may be granted for a continuing medical need according to the extension provisions of this article. However, regardless of any extensions granted, whenever the medical hardship ends, the approval of the temporary placement and use of the manufactured home are void.

Other conditions of approval. In granting temporary use of a manufactured home or park trailer, the BOA shall have the authority to attach any conditions directly related to the use as the board may find necessary for protection of the general public, satisfaction of the temporary use criteria, and preservation of the intent of the applicable zoning district. These conditions are in addition to any use-specific standards prescribed by chapter 4 for the temporary placement of a manufactured home.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.7 - Vested rights.

(a)

General. It is the intent of this section to provide a mechanism for the granting of an equitable vested right according to the provisions of this section when a landowner asserts that sufficient development activity, once lawful under applicable land use regulations but now contrary to their terms, has occurred so that the landowner is entitled to a development right.

(b)

Application. Application for vested rights approval shall be submitted to the clerk of the planning board no later than 12 months following any act or omission on the part of the county that the landowner discovers and asserts as the basis for a vested right, or no later than 12 months following written county notification to the landowner of the need to apply for a determination, whichever occurs sooner.

(c)

Public participation. Prior to any hearing to consider a vested right, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(d)

Compliance review. The planning board shall conduct a quasi-judicial public hearing to consider the requested vested right according to the provisions of this article. The planning board shall adopt a recommendation to the BCC for vested right approval, approval with conditions, or denial based on the hearing record of evidence.

(e)

Criteria for vested rights determination. An owner shall be entitled to a determination of vested rights only if through substantial competent evidence it can be established that the proposed use of the property meets the concurrency provisions of article 5 and in addition one of the following criteria has been met:

(1)

The proposed use was authorized pursuant to a county development order, or equivalent, issued on or before the effective date of this Code, or a pertinent amendment thereto, and the development has commenced and is continuing in good faith. In a claim based upon this criterion, the owner must produce evidence of actions and accomplishments that substantiate timely and lawful progression towards the completion of the intentions and plans documented in the original order, or equivalent. In a claim based upon this criterion, the right to which the owner may be vested is a continuation of the original order, or equivalent.

(2)

The owner is determined to have acquired rights due to good faith reliance on an act of commission or omission of the county which has caused the owner to make such a substantial change in position or to incur such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired. In a claim based upon this criterion, the owner must document, and the county must verify, the obligations and expenses that are in jeopardy. The owner must produce evidence of actions and accomplishments that substantiate timely and lawful progression towards the completion of the intentions and plans that have been jeopardized. Evidence including, but not limited to, that which demonstrates that such activity has not progressed in such a manner may be sufficient to negate a finding of good faith on the part of the owner and therefore invalidate the claim to vested rights.

(f)

Limitation on vested rights. A determination of vested rights shall expire and be null and void unless construction of improvements, if any, are commenced pursuant to a development order within 18 months after the issuance of the determination of vested rights.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.8 - Planned unit developments.

(a)

General. Planned unit development (PUD) is an optional and supplemental compliance review process for the subdivision of land. It allows flexibility in LDC requirements to encourage greater creativity in land use planning and design for the mutual benefit of developers and the public. The intent of the PUD is to obtain benefits not anticipated by the strict application of zoning district regulations and subdivision standards, and not available by other variance processes. For the private gain of greater design flexibility, developers are required to provide greater public benefits through permanently preserved common open space, infrastructure improvements, accommodation of environmental and aesthetic features, and other permanent site improvements and amenities benefiting public health, safety and welfare. Proposed PUD is evaluated first through a quasi-judicial public hearing by the planning board and then by the board of county commissioners (BCC)

(b)

Limits on PUD. Planned unit development can be used to mix land uses, provide broader housing choices, and allow more compact development through specific height, area, yard, size and use requirements that are different in any or all respects from those required by the applicable zoning district, or subdivision design standards different from those prescribed in chapter 5. Planned unit development is allowed for subdivision within any zoning district or future land use category, but it is subject to the following limitations:

(1)

Land uses. Land uses may vary from the specific uses allowed by the applicable zoning district, but they shall comply with the range of allowed uses within the applicable future land use category.

(2)

Density. The number of dwelling units shall not exceed the density allowed by the applicable future land use category or zoning district.

(3)

Other processes. The PUD process supplements but does not replace other applicable compliance review processes of the LDC, including those for approval of preliminary plats, construction plans, and final plats.

(4)

Standards. The PUD process shall not modify any level of service standards for adequate public facilities or standards for accessibility, life safety, or health.

(c)

Application. An application for PUD approval shall be submitted to the clerk of the planning board within the time frame provided in the application. A pre-application meeting with staff is recommended.

(d)

Public participation. Prior to any hearing to consider a PUD, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(e)

Compliance review. The planning board shall conduct a quasi-judicial public hearing as noticed to consider whether conditions warrant the proposed modifications and make recommendations regarding the proposal to the BCC and for them to consider and act on those recommendations.

(f)

Criteria for PUD approval. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions for the PUD:

(1)

Creative planning. Uses and structures are arranged in a manner that demonstrates creative concepts of land use planning throughout the development area. Residential uses include a complementary and sustainable mix of dwelling unit types or mix with nonresidential uses.

(2)

Natural amenities. Clustering, setbacks, easements and other methods are utilized to preserve to the greatest extent practicable the natural amenities and characteristics of the land, including open space, topography, natural vegetation, groundwater recharge, waterways, and scenic views. Deficiencies in natural amenities are supplemented through landscaping and other enhancements.

(3)

Desirable environment. A more desirable environment in which to live or work is created than would be possible through the strict application of the minimum requirements of the LDC. Common open space area is within reasonable walking distance of all dwelling units in the development.

(4)

Mobility. Internal circulation systems promote both pedestrian and vehicular mobility, especially between residential areas and local public open space, schools, retail sales and services, and employment. Sidewalks are located on at least one side of every street to support safe pedestrian mobility within the development and appropriate access to surrounding uses.

(5)

Efficient land use. An efficient use of land results in smaller networks of streets and utilities. If street rights-of-way are proposed to be less than standard width, easements will provide adequate space to install and maintain utilities.

(6)

Compatibility. The development is compatible with surrounding areas and provides stable conditions and character to maintain long-term compatibility.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.9 - Statutory development agreements.

At the request of an applicant or the county, a voluntary development agreement may be entered into that would vest certain conditions agreed to by both parties according to the requirements of Florida Statutes. The form of the development agreement shall be approved through the county attorney's office. The planning board shall conduct the first of two public hearings required by law. The BCC shall conduct the second public hearing, with final adoption of the development agreement requiring a majority vote of the BCC.

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

Sec. 2-6.10 - Appeal of administrative decisions.

(a)

Appeal option. Any person whose substantial interests have been adversely affected by an error in the order, requirement, interpretation, or determination of an administrative official regarding compliance with the requirements of the LDC may appeal that decision according to the provisions of this section. The provisions do not apply to decisions regarding administration of the building code, actions of code enforcement officers, or challenges of consistency of LDC regulations with the comprehensive plan. A claim to appeal or challenge the consistency of a development order with the adopted comprehensive plan must be filed with the clerk of the Circuit Court of Escambia County pursuant to F.S. § 163.3215.

(b)

Appeal process. Conditions that may justify modification of administrative decisions are evaluated through quasi-judicial public hearing review by the board of adjustment (BOA).

(1)

Application. Application for appeal of an administrative decision shall be submitted for compliance review within 15 days after the date of the decision being appealed. A quasi-judicial public hearing for the appeal shall be scheduled to occur within 30 business days after receipt of a complete application. The application shall provide information as required by the adopted appeal procedures, including the following:

Decision appealed. A copy of the written administrative decision to be reviewed on appeal.

LDC reference. Identification of the specific LDC provisions for which noncompliance is alleged.

Alleged error. A description of how the decision of the administrative official is considered arbitrary or capricious.

Conditions. Documentation satisfying the conditions established in the compliance review provisions of this section.

Remedy. A description of the proposed remedy.

Other information. Any other pertinent information the applicant wishes to have considered.

(2)

Public participation. Hearings to consider an appeal of administrative decision shall be open to the public. Prior to any hearing to consider an appeal of administrative decision, the county shall provide reasonable notice to the public as required by Florida Statutes.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Standing. Although the hearing before the BOA is open to the public, only those person or entities with "standing" will be allowed to present testimony or other evidence during the hearing. Persons with standing include:

The applicant or any other person who received the adverse decision from the county administrative official.

Those persons who are third parties to the administrative decision and who suffer an adverse impact that differs in kind (as opposed to degree) to any adverse impact suffered by the community as a whole.

(4)

Compliance review. The BOA shall conduct the quasi-judicial public hearing to consider the appeal of an administrative decision. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions with regard to the decision being appealed:

Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the comprehensive plan or the LDC and was therefore arbitrary or capricious.

LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.

Adverse impact. The applicant's property will suffer an adverse impact as a result of the decision if it is not modified.

Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or comprehensive plan.

Greater impact. The adverse impact adversely affects the applicant in a greater degree than any adverse impact shared by the community at large; and, if the applicant is a third party to the decision, the adverse impact peculiar to the applicant differs in kind (as opposed to degree) to any suffered by the community as a whole.

(5)

Final determination.

Board finding. If the BOA finds from the record of the hearing that the applicant has presented competent substantial evidence proving the required conditions set out in the comprehensive review provisions of this section, the board shall find the appealed decision in error. The finding shall state with particularity how the decision of the administrative official was arbitrary or capricious. If the conditions are not proven, the board shall affirm the decision.

Board authority. The BOA shall have the same authority and responsibility to change a decision found to be in error as is given by the LDC to the official who made the decision, but no more. The board may act only to the extent supported by the established record of evidence and only as necessary to maintain compliance with the LDC and the comprehensive plan. The board cannot offer opinions or interpretations generally. The authority of the board to act as the official does not include any authority to diminish or otherwise change the application of any technical design standard or specification established or referenced in the LDC, to change any concurrency management provisions, or to exempt any development from required compliance review and approval.

(Ord. No. 2015-18, § 2, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-7.1 - Purpose of article.

This article establishes the review necessary to consider and authorize both map and text amendments to the land development code (LDC) and comprehensive plan. These LDC and comprehensive plan amendment reviews are defined by the general provisions of article 1 and the specific provisions of this article. The reviews are predominantly discretionary and provide opportunities to modify county land development goals, objectives, policies, and regulations within the limits prescribed by Florida Statutes. More specifically, this article includes review for amendment of the LDC zoning map (rezoning and special-use rezoning), the comprehensive plan future land use map (FLUM), and text amendments to the provisions of both the LDC and comprehensive plan.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.2 - LDC zoning map and text amendments.

(a)

General. All provisions of the LDC are established, modified, or repealed by ordinance of the board of county commissioners (BCC). Zoning map and text amendments may be proposed by the county or others according to the ordinance enactment procedures prescribed by Florida Statutes and the provisions of this section. Since any LDC amendment is a change to implementing the land use regulations of the county and can modify the requirements for subsequent authorizations of land uses and development activities, significant opportunities for public participation are provided. These map and text amendment processes are established for the county to authorize appropriate changes to its land development regulations.

(b)

Zoning map amendment (rezoning and special-use rezoning). County-initiated comprehensive changes to the zoning map that set policy require enactment through the legislative procedures of the BCC. In compliance with the following process, an owner-initiated zoning map amendment (rezoning or a special-use rezoning) that affects a limited number of identifiable parties and interests is evaluated first through quasi-judicial public hearings by the planning board, or the Santa Rosa Island Authority (SRIA) for property on Pensacola Beach, and then by the BCC:

(1)

Application. Application for rezoning or a special-use rezoning through the quasi-judicial process shall be submitted to the clerk of the reviewing board within the time required by the adopted rezoning procedures of the board prior to the scheduled board meeting at which the applicant requests to be heard. The application shall provide the information required by the rezoning procedures. A pre-application meeting of the applicant with the staff for the reviewing board is recommended to discuss the process and to review county, board, and applicant responsibilities.

(2)

Public participation. Hearings to consider a rezoning application shall be open to the public. Prior to any such hearing, the clerk of the reviewing board shall provide reasonable notice to the public as required by Florida Statutes and the comprehensive plan. Public notification shall include the following, each identifying the purpose, subject, reviewing authorities, case number, dates, times and locations of the hearings; the current and proposed zoning; and county contacts for additional information:

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail to the address registered with the property appraiser for each owner of real property with any portion of the property located south of Nine Mile Road within 500 feet of the subject property. For property located north of Nine Mile Road, notification will be sent to properties within 2,500 feet of the subject property. The cost of the mailing is to be borne by the applicant.

(3)

Compliance review. A quasi-judicial public hearing shall be conducted by the appropriate reviewing board to consider a requested rezoning according to the provisions of this article. At the conclusion of the hearing, based on the record evidence, the reviewing board shall submit a recommendation to the BCC for rezoning approval, denial, or if appropriate and acceptable to the applicant, approval of a district with less intensive uses than the requested zoning.

(4)

Approval conditions.

Rezoning. The applicant has the burden of presenting competent substantial evidence to the reviewing board establishing that the requested zoning district would contribute to or result in a logical and orderly development pattern. The appropriate surrounding area within which uses and conditions must be considered may vary with those uses and conditions and is not necessarily the same area required for mailed notification. A logical and orderly pattern shall require demonstration of each of the following conditions:

Consistent with comprehensive plan. The proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC chapter 3, and with all other applicable goals, objectives, and policies of the comprehensive plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption.

Consistent with zoning district provisions. The proposed zoning is consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in chapter 3.

Compatible with surroundings. All of the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law.

Appropriate if spot zoning. Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands.

Appropriate with changed or changing conditions. If the land uses or development conditions within the area surrounding the property of the proposed rezoning have changed or are changing, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and, the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl.

Special-use rezoning criteria for use of mobile homes.

Notwithstanding the rezoning criteria enumerated above, a request for a special-use rezoning may be permitted in zoning districts medium density residential district (MDR) and high density residential district (HDR) for the use and placement of a mobile home as a single-family dwelling. The applicant has the burden of presenting competent substantial evidence to the reviewing board establishing that the site, use and proposed structure would meet the following criteria:

Must be on a conforming lot or lot of record.

ii.

Minimum lot size of one acre.

iii.

Front setback must be a minimum of 40 feet.

iv.

Only one mobile home allowed per lot.

Lot may not be subdivided.

vi.

Lot may not be located within a platted subdivision.

vii.

Use may not otherwise be prohibited by any overlay district.

viii.

The use of a mobile home is compatible with the surrounding area.

ix.

Structure may not be located in a FEMA designated special flood hazard area, in a designated coastal high hazard area or within county designated evacuation zones A, B or C.

No other permitted or conditional use contained within the special use zoning, except for use of a mobile home as a single-family residence shall be allowed.

xi.

Upon notice to the county and confirmation that the property is no longer being used for placement of a mobile home as a single-family residence, the property owner or agent shall request reversion to the prior zoning category pursuant the rezoning criteria contained herein.

xii.

Lot may not be located in the Escambia County Mid-West Sector Plan.

(5)

Board action. If the reviewing board finds from the record of the hearing that the applicant has presented competent substantial evidence establishing the required conditions, the board shall then consider whether maintaining the current zoning will serve a greater public interest. The board shall recommend approval of the rezoning request to the BCC if the board finds that no new uses, density, or intensity of use of the proposed zoning will likely diminish quality of life, reduce property values, confer a special benefit on the subject property to the detriment of the community as a whole or create other adverse impacts upon surrounding properties, more than the uses, density, or intensity of the current zoning.

(6)

Final determination. The BCC at its scheduled hearing shall adopt, modify, or reject the recommendation of the planning board or SRIA or return the rezoning case to the board with instructions for additional facts or clarification. The staff of the recommending board shall inform the board of all formal actions taken by the BCC on the rezoning request.

(7)

Appeals. Actions by the BCC adopting, rejecting, or modifying the recommended rezoning of the reviewing board are final. Any party seeking judicial review of the final determination shall do so according to the general provisions of article 1. Additionally, written notice of the filing of any such petition for judicial review shall be promptly provided by the petitioner through the county to each owner of real property with any portion within a 500-foot radius of the rezoning subject property.

(c)

LDC text amendment provisions. Changes to the text of the LDC set policy and are legislative in nature. The requirements to approve a text amendment are established for the planning board to make recommendations to the BCC regarding whether requested changes to LDC text are necessary and appropriate and for the BCC to consider and act on those recommendations. The text amendment process does not amend the content of zoning district maps, technical standards, and other maps or documents adopted by reference within the LDC.

(1)

Application. Where a text amendment is requested by petition to the planning board, application shall be submitted for compliance review to the clerk of the planning board at least 30 business days prior to the scheduled board meeting. A pre-application meeting of the petitioner with staff for the board is recommended to discuss the process and review county and petitioner responsibilities.

(2)

Public participation. Prior to any meeting to consider a text amendment, the clerk of the planning board shall ensure public notice consistent with Florida Statutes and the comprehensive plan. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Compliance review. The planning board shall consider a requested text amendment during the noticed meeting of the board and determine any subsequent action. If the text is to be evaluated as an amending ordinance, the board shall conduct a public hearing. At the conclusion of the hearing the planning board shall adopt a recommendation to the BCC for adoption, adoption with modification, or rejection of the amendment.

Planning official's evaluation. For any amending ordinance, or as may be requested by the planning board for any other text amendment proposal, the planning official shall review and evaluate the proposal according to the required amendment conditions. The evaluation shall be provided to the planning board for consideration with the proposed text amendment.

Recommendation to BCC. For any amending ordinance, the clerk of the planning board shall forward the board's recommendation to the BCC for consideration in a public hearing at the next available scheduled meeting of the BCC. The clerk of the planning board shall ensure public notice of the BCC hearing consistent with Florida Statutes and the notice required for hearings of the planning board.

(4)

Final determination. The BCC shall consider the amending ordinance at a public hearing as noticed and adopt, modify, or reject the recommendation of the planning board. At its discretion, the BCC may return the amending ordinance to the board with instructions for modifications. If the amending ordinance is returned for modifications, the planning board shall hold another public hearing for the purpose of considering any revisions. The hearing shall be at a scheduled meeting of the planning board, with public notice the same as that provided for the initial hearing. Within the time requested by the BCC, the planning board shall resubmit the amending ordinance with any revisions it may propose for BCC consideration. The clerk of the planning board shall again ensure proper public notice of the hearing at the next available scheduled meeting of the BCC. In the hearing, the BCC shall again consider the amending ordinance for adoption, modification, or rejection.

(d)

Consistency with comprehensive plan. A challenge by a substantially affected person of any LDC regulation on the basis that it is inconsistent with the comprehensive plan shall be made according to the administrative review provisions of Florida Statutes.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-35, § 1, 9-3-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2017-61, § 1, 10-5-2017; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.3 - Comprehensive plan future land use and text amendments.

(a)

General. All provisions of the comprehensive plan are established, modified, or repealed by ordinance of the board of county commissioners {BCC). Future land use map (FLUM) and text amendments may be proposed by the county or others according to ordinance enactment and plan amendment procedures prescribed by Florida Statutes and the provisions of this section. Since any comprehensive plan amendment is a change in the foundational growth management plan guiding county economic growth, land development, resource protection, and the provision of public services and facilities, significant opportunities for public participation are provided.

(b)

Applicant expenses and responsibilities. Any person requesting consideration of an amendment to the comprehensive plan shall be responsible for all costs and supporting information associated with preparation of the request that may be required by the county or the state.

(c)

State review. A comprehensive plan amendment adopted by the BCC shall follow the applicable state statute. An amendment qualifies as a small scale if it is less than fifty acres in size or a large scale if it is greater than fifty acres in size.

(d)

Amendment requirements. Amendments to both the text and the future land use map of the comprehensive plan functionally set policy and are legislative in nature. The requirements to approve a comprehensive plan amendment are established for the planning board to make final recommendations to the BCC regarding whether requested amendments to the comprehensive plan of the county are necessary and appropriate and for the BCC to consider and act on those recommendations.

(e)

Comprehensive plan map amendments.

(1)

Application. An application for a comprehensive plan map amendment approval shall be submitted for compliance review to the clerk of the planning board at least 30 business days prior to the scheduled board meeting. A pre-application meeting of the applicant with staff for the board is recommended to discuss the process and review county and applicant responsibilities.

(2)

Public participation. Prior to any hearing to consider a comprehensive plan map amendment, the clerk of the planning board shall ensure public notice consistent with Florida Statutes and the comprehensive plan.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Compliance review. The planning board shall consider a requested comprehensive plan map amendment during the noticed meeting of the board and determine any subsequent actions. At the conclusion of the hearing, the planning board shall adopt a recommendation to the BCC for adoption, adoption with modification, or rejection of the amendment.

General amendment conditions. All amendments to the comprehensive plan shall demonstrate the following general conditions, allowing that where an amendment is imposed by a state or federal requirement it need only demonstrate the conditions to the greatest extent practicable under that requirement:

Need and benefit. There is an identified land use need particular to the scope and function of the comprehensive plan for which an amendment is clearly warranted.

Professional practices. The proposed amendment applies contemporary planning principles, engineering standards, and other professional practices to provide an effective and efficient remedy for the identified land use problem or need.

FLUM amendment conditions. In addition to the general amendment conditions, a future land use map amendment shall be based upon analyses by Florida Statute.

(f)

Comprehensive plan text amendment. A comprehensive plan text amendment shall demonstrate any applicable governing regulations. Changes to the text of the comprehensive plan set policy and are legislative in nature. The requirements to approve a text amendment are established for the planning board to make recommendations to the BCC regarding whether requested changes to comprehensive plan text are necessary and appropriate and for the BCC to consider and act on those recommendations. The text amendment process does not amend the content of future land use maps, technical standards, and other maps or documents adopted by reference within the comprehensive plan.

(1)

(2)

(3)

Planning official's report. For any amending ordinance, or as may be requested by the planning board for any other amendment proposal, the planning official shall review and evaluate the proposal according to the required amendment conditions. The evaluation shall be provided to the planning board for consideration with the proposed text amendment.

Recommendation to BCC. For any amending ordinance, the clerk of the planning board shall forward the board's recommendation to the BCC for consideration in a public hearing at the next available scheduled meeting of the BCC. The clerk of the planning board shall ensure public notice of all BCC hearings regarding the amendment consistent with Florida Statutes and the notice required for hearings of the planning board.

(4)

Final determination. Requirements for a final determination on a proposed comprehensive plan amendment shall be as prescribed by Florida Statutes and summarized in the following actions:

Initial action of BCC. The BCC shall consider the amending ordinance at its noticed public hearing and accept, modify, or reject the recommendation of the planning board. The initial hearing of the BCC shall be for transmittal if the amendment is following the expedited state review or state coordinated review process. If the amendment qualifies as small in scale, the initial hearing shall be the adoption hearing for the ordinance.

Initial transmittal. If approved by the BCC at the initial public hearing, an amendment following the expedited state review or state coordinated review process shall be transmitted with appropriate supporting data and analysis to the state land planning agency and other reviewing agencies for comment.

Response of BCC. After county receipt of reviewing agency comments the BCC shall hold a second noticed public hearing within the time prescribed by statute to consider adoption of the ordinance. At the hearing the BCC shall adopt, modify, or reject the amending ordinance. Failure to timely hold a second hearing shall be considered withdrawal of the amendment.

Adoption transmittal. If approved by the BCC at a public hearing, the county shall transmit the adopted amendment and appropriate supporting data and analysis to the state land planning agency and any other reviewing agencies that provided timely comment. An adopted amendment becomes effective no sooner than the minimum time after adoption prescribed by statute. If timely challenged, an amendment does not become effective until the state issues a final order determining compliance.

Landowner dispute resolution. If the county denies a landowner's request for an amendment to the comprehensive plan that is applicable to the owner's land, the county must afford the owner an opportunity for informal mediation or other alternative dispute resolution as required by Florida Statutes.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2021-30, § 1, 8-30-2021)

Sec. 2-7.4 - Applications for opting-out of the Mid-West Escambia County Sector Plan.

(a)

General. All applications requesting that any parcel be allowed to opt-out of the Mid-West Escambia County Sector Plan shall address the following criteria:

(1)

All standard comprehensive plan map amendment criteria;

(2)

Comprehensive plan requirement for changes to an existing DSAP;

(3)

The size of the subject parcel in relation to the individual DSAP land use category and in relation to the overall sector plan, to specifically include the aggregate acreage of any previously granted opt-outs;

(4)

The existing transportation infrastructure and any impact the proposed opt-out may have on the capacity of that infrastructure;

(5)

The underlying existing zoning category and its compatibility with surrounding DSAP land use designations;

(6)

The consistency of the requested future land use designation with the underlying zoning; and

(7)

The previous future land use designation.

(b)

Staff review. Applications requesting to opt out of the Mid-West Escambia County Sector Plan must be reviewed by development services staff and presented to the local planning agency who will forward a recommendation for action to the board of county commissioners. To the extent possible, the staff analysis and the reviewing bodies shall consider whether the applicant lost development rights or was effectively downzoned as part of the sector plan adoption. The board may take into consideration any other relevant factors in making its determination related to the request.

(Ord. No. 2017-14, § 1, 3-16-2017)

Sec. 2-8.1 - Purpose of article.

The county has established and adopted procedures, standards and guidelines to work in conjunction with the LDC in the form of supplemental manuals. The intent and purpose of this section is to provide procedures and general standards for use in the development and management of the supplemental manuals.

The supplemental manuals, which are to be used during review of development activity and other applications requiring county review, will provide detailed site-specific regulations and technical requirements. All applications for development approval shall comply with these applicable procedures standards provided in the supplemental manuals as related to the LDC and as may be required by other federal, state, or local regulations.

Decisions regarding the application of design and environmental standards are the responsibility of the engineering or environmental official (or his or her designee).

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

Sec. 2-8.2 - General.

The LDC support documents can be known collectively as the design standard manual (DSM) and will be located in the LDC as an attachment. To date, the county has established the following documents to be used to supplement the LDC and be provided as part of the DSM:

(a)

Design standards manual (DSM), chapter 1, Engineering.

(b)

Design standards manual (DSM), chapter 2, Environmental.

(c)

Design standards manual (DSM), chapter 3, Low impact development (pending).

The manual outlines the steps and processes or standards to be followed at each stage of the development process. By providing sheet layout specifications, and technical guidelines, the manual is intended to be used in conjunction with the LDC and cover all aspects of development planning, design, and construction.

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

Sec. 2-8.3 - Criteria for inclusion.

These manuals are not intended to replace the LDC but are meant to provide reference for plan development by the "engineer of record." The information provided in the manual, including, technical guidelines, and standards, must meet one of the following criteria to qualify for inclusion:

(a)

Provides specific and general design requirements.

(b)

Provides subjective design choices.

(c)

Provides design criteria that, in all cases, meet or exceed mandatory regulatory or industry design requirements.

(d)

Provides background information related to a design requirement or guideline.

(e)

Provides a sample calculation.

(f)

Details specific information regarding development applications.

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

Sec. 2-8.4 - Design standards manual.

The design standards manual (DSM) establishes the standards meant to provide minimum technical or environmental guidelines and standards for the design and construction of any facilities located within Escambia County. The county engineer and environmental director shall be responsible for the administration, oversight, and development of the manual. In addition, a professional advisory committee (PAC) shall be established to review and revise the manual. Details regarding the committee's structure and responsibilities have been provided in the DSM.

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

Sec. 2-8.5 - Amendments or changes to the DSM.

The manual will be reviewed annually and updated accordingly, based on new standards, technology, or procedural changes, by the professional advisory committee. Revisions to this manual will be presented to the planning board for their review and recommendation to the BOCC and will be effective at the time of the BOCC decision.

On occasion it may become necessary to clarify or correct specific terms, requirements, and standards within the DSM, and furthermore, additions, deletions, or revisions to design standards may be made by the county engineer, community and environment director or designee as necessary when required for compliance with mandatory regional, state, or federal regulations.

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

Escambia County Unincorporated
City Zoning Code

CHAPTER 2

DEVELOPMENT AND COMPLIANCE REVIEW

Sec. 2-1.1 - Purpose of chapter.

(a)

(1)

Identify county and applicant responsibilities in LDC development and compliance review.

(2)

Provide public notice requirements.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

BOA variances: Adjacent parcels.

Appeal of administrative decision: 500-foot radius.

Conditional use: 500-foot radius.

Future land use map amendments: 500-foot radius.

Plan unit development (PUD): 500-foot radius.

Rezonings south of Nine Mile Road: 500-foot radius.

Rezonings north of Nine Mile Road: 2,500-foot radius.

Borrow pits: 2,500-foot radius.

LCD and CD&D: 2,500-foot radius.

10.

Recycling facilities (yard trash, asphalt or concrete): 2,500-foot radius.

(3)

Establish criteria for the evaluation of variances, rezonings, conditional uses, vested rights, LDC and comprehensive plan amendments, and other discretionary review processes.

(4)

Provide a mechanism for appeals of county land use and development decisions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 1, 3-16-2017)

Sec. 2-1.2 - Purpose of article.

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

Sec. 2-1.3 - General compliance review provisions.

(a)

(b)

Non-county approvals.

(1)

(2)

(c)

Applicable review. The planning official shall confirm the correct processes and direct applicants to the appropriate reviews prescribed by the LDC.

(d)

(e)

(f)

Comprehensive plan limits. No permit may be issued for any development if it would cause any requirement in the comprehensive plan to be violated.

(g)

(h)

(i)

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

Sec. 2-1.4 - General provisions of compliance review.

(a)

(1)

An application for county approval;

(2)

An opportunity for public participation;

(3)

An evaluation of LDC compliance;

(4)

A final compliance determination; and

(5)

An opportunity to appeal that determination.

(b)

(1)

(2)

(3)

(c)

(1)

(2)

Substantial conformance. The implementation of an approval shall be in substantial conformance with the terms and conditions of the approval.

Other approvals. All applicable state and federal permits shall be obtained before commencement of the approved development.

(3)

{4)

(5)

(d)

(1)

(2)

(3)

(4)

Planning board. The recommendations of the planning board are not subject to appeal since they are the local planning agency's advice to the BCC.

(5)

Board of county commissioners. A BCC decision may be appealed by petitioning the circuit court for judicial review within 30 days after the date of the board's decision.

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

Sec. 2-2.1 - Purpose of article.

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

Sec. 2-2.2 - Permitted land use.

(a)

(b)

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

Sec. 2-2.3 - Lot conformance.

(a)

(b)

Verification for lot conformance. Application for lot conformance verification shall be submitted for review to the planning official.

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

Sec. 2-2.4 - Street names and addresses.

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

Sec. 2-2.5 - Alcoholic beverage zoning.

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

Sec. 2-2.6 - LDC interpretation.

(a)

(b)

Interpretation process.

(1)

Conditions. A description of the specific conditions to which the interpretation will apply.

(2)

Prior meaning. The meaning of the provision previously provided by authorized county review personnel.

(3)

Insufficiency or error. A description of how the prior meaning provided is thought to be insufficient or in error.

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

Sec. 2-2.7 - Compatibility.

(a)

(b)

Confirmation for compatibility. Application for land use compatibility confirmation shall be submitted for review to the planning official.

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

Sec. 2-3.1 - Purpose of this article.

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

Sec. 2-3.2 - General land disturbance.

(a)

(b)

Permit for land disturbance. Application for a general land disturbance permit shall be submitted for compliance review to the planning official.

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

Sec. 2-3.3 - Pre-construction site work.

(a)

(b)

Permit for pre-construction site work. Application for a pre-construction site work permit shall be submitted for compliance review to the building official.

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

Sec. 2-3.4 - Construction in county right-of-way.

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

Sec. 2-3.5 - Residential driveways.

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

Sec. 2-3.6 - Removal of protected trees.

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

Sec. 2-3.7 - Sand and aggregate on barrier islands.

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

Sec. 2-4.1 - Purpose of article.

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

Sec. 2-4.2 - Site development review.

(a)

(b)

(c)

(1)

(2)

(3)

Supporting information. The effective documentation of existing conditions and proposed changes typically requires other supporting site information, along with a supporting checklist.

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

Sec. 2-4.3 - Minor site development.

(a)

(b)

Categories of minor development. Minor site development is limited to the following categories:

(1)

(2)

(3)

(4)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-4.4 - Major site development.

(a)

(b)

Categories of major review. Major site development is limited to the following categories:

(1)

(2)

(3)

Major nonresidential. New principal and accessory uses and structures not reviewed by any other nonresidential review category.

(4)

(5)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.1 - Purpose of article.

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

Sec. 2-5.2 - Subdivision review and platting.

(a)

(b)

Exemptions from subdivision review. Exemptions from the subdivision compliance review of this article accommodate limited special conditions in the division of land.

(1)

(2)

Family conveyance. The subdivision of land for family conveyance does not need approval through the review of this article.

(3)

Individual conforming lot. An individual lot verified as a conforming lot does not need approval through the subdivision review of this article.

(c)

Replatting land. The proposed replatting of all or part of the land of a recorded plat shall follow the same review process as the initial subdivision platting.

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

Sec. 2-5.3 - Minor subdivisions.

(a)

(1)

Number of lots. If any subdivision lots are less than four acres, the maximum number of lots that can be created is five.

(2)

Existing street frontage. All subdivision lots front on an existing public or private street, paved or unpaved, providing the minimum right-of-way prescribed in chapter 5.

(3)

No new streets. No new street or any extension of an existing street is proposed or required.

(4)

(5)

Lot grading plans. A lot grading plan is required for each lot; however, a stormwater management plan may not be required.

(b)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-28, § 1, 7-5-2018)

Sec. 2-5.4 - Master plans.

(a)

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.5 - Preliminary plats.

(a)

General. Preliminary plat approval is required to map the proposed subdivision of land and to ensure the division of land meets all the land use regulations of the LDC.

(b)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.6 - Construction plans.

(a)

(b)

(c)

Substantial deviations. Deviations shall be determined by the planning official and/or the county engineer. Deviations may include, but not limited to, the following:

(1)

Any increase in the number of lots proposed.

(2)

Significant realignment of proposed roadway.

(3)

Increased impacts to public services (sanitary sewer, potable water, solid waste.)

(4)

Revised location of roadway connection to county road.

(d)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.7 - Final plats.

(a)

(b)

(c)

(d)

(1)

Cracked curbing or other cracked concrete that is not destroyed or displaced but still functions for the intended use.

(2)

Minor ponding of water on asphalt, provided base failure is not evident.

(3)

Minor settling of asphalt areas, provided base failure is not evident.

(4)

Minor defects in stormwater pipe, provided installation is in accordance with the manufacturers' requirements.

(5)

Ponds recharging at a slow rate, but still meeting regulatory requirements.

(6)

Seed or sod that has failed to establish sufficient ground cover for final stabilization and erosion control.

(e)

(f)

(g)

(h)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(i)

(j)

(k)

(1)

Datum: NAD83 (2011) or most current realization as defined and maintained by the National Geodetic Survey (NGS).

(2)

Projection zone: Florida North (State Plane — US Survey Foot Definition).

(3)

Projection type: Lambert Conformal Conic.

(l)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016; Ord. No. 2017-8, § 1, 2-16-2017; Ord. No. 2017-50, § 1, 8-3-2017; Ord. No. 2025-38, § 2, 9-16-2025)

Sec. 2-5.8 - Plat vacation.

(a)

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016)

Sec. 2-6.1 - Purpose of article.

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

Sec. 2-6.2 - Review by quasi-judicial hearing.

Public notification is required as further outlined in this article. The cost of the notification is to be borne by the applicant requesting review.

(1)

Public participation. Prior to any hearing to consider a variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail. For notification distances, see section 2-1.1. The cost of the mailing is to be borne by the applicant.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.3 - Variance of LDC standards.

(a)

(b)

(c)

General variance conditions. All variances shall satisfy the following conditions:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

(4)

(5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

(d)

(1)

(2)

Public participation. Prior to any hearing to consider a substantial hardship variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017; Ord. No. 2019-15, § 2, 3-7-2019)

Sec. 2-6.4 - Conditional uses.

(a)

(b)

Limits on conditional uses. Conditional uses are subject to the following limitations:

(1)

Availability. Conditional uses are available and may be granted only to land for which that option is specifically provided by the applicable zoning district or other provisions of the LDC.

(2)

Invalid reasons. Nonconforming, unapproved, or unlawful uses, structures, or conditions are not considered special conditions or other valid reasons for granting any conditional use.

(3)

(4)

Multiple uses. If more than one conditional use is proposed, the conditions shall be addressed for each use.

(c)

Conditional use provisions.

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.

Solid waste. All on-site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.

Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use or other provisions of the LDC.

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-18, § 1, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.5 - Extensions of review, approval, and use periods.

(a)

(b)

Limits on extensions. Extensions to LDC periods are subject to the following limitations:

(1)

(2)

Approving authority. Extensions to any period not required by the LDC but imposed as a condition of approval by an approving authority cannot be granted by another approving authority.

(3)

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

Sec. 2-6.6 - Medical hardship temporary use of manufactured homes.

(a)

(b)

Medical hardship temporary use.

(1)

(2)

Public participation. Prior to any hearing to consider the medical hardship temporary use of a manufactured home or park trailer, the clerk of the BOA shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Adequate public services. The manufactured home or park trailer will have adequate water, sewer, solid waste removal, and electric services available.

Compatibility. The temporary use will not produce adverse impacts on the uses of surrounding properties.

Standard conditions. The temporary use can comply with the applicable standards of chapter 4.

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.7 - Vested rights.

(a)

(b)

(c)

Public participation. Prior to any hearing to consider a vested right, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(d)

(e)

(1)

(2)

(f)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.8 - Planned unit developments.

(a)

(b)

(1)

Land uses. Land uses may vary from the specific uses allowed by the applicable zoning district, but they shall comply with the range of allowed uses within the applicable future land use category.

(2)

Density. The number of dwelling units shall not exceed the density allowed by the applicable future land use category or zoning district.

(3)

(4)

Standards. The PUD process shall not modify any level of service standards for adequate public facilities or standards for accessibility, life safety, or health.

(c)

(d)

Public participation. Prior to any hearing to consider a PUD, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(e)

(f)

Criteria for PUD approval. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions for the PUD:

(1)

(2)

(3)

(4)

(5)

(6)

Compatibility. The development is compatible with surrounding areas and provides stable conditions and character to maintain long-term compatibility.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.9 - Statutory development agreements.

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

Sec. 2-6.10 - Appeal of administrative decisions.

(a)

(b)

Appeal process. Conditions that may justify modification of administrative decisions are evaluated through quasi-judicial public hearing review by the board of adjustment (BOA).

(1)

Decision appealed. A copy of the written administrative decision to be reviewed on appeal.

LDC reference. Identification of the specific LDC provisions for which noncompliance is alleged.

Alleged error. A description of how the decision of the administrative official is considered arbitrary or capricious.

Conditions. Documentation satisfying the conditions established in the compliance review provisions of this section.

Remedy. A description of the proposed remedy.

Other information. Any other pertinent information the applicant wishes to have considered.

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

The applicant or any other person who received the adverse decision from the county administrative official.

(4)

Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the comprehensive plan or the LDC and was therefore arbitrary or capricious.

LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.

Adverse impact. The applicant's property will suffer an adverse impact as a result of the decision if it is not modified.

Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or comprehensive plan.

(5)

Final determination.

(Ord. No. 2015-18, § 2, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-7.1 - Purpose of article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.2 - LDC zoning map and text amendments.

(a)

(b)

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail to the address registered with the property appraiser for each owner of real property with any portion of the property located south of Nine Mile Road within 500 feet of the subject property. For property located north of Nine Mile Road, notification will be sent to properties within 2,500 feet of the subject property. The cost of the mailing is to be borne by the applicant.

(3)

(4)

Approval conditions.

Special-use rezoning criteria for use of mobile homes.

Must be on a conforming lot or lot of record.

ii.

Minimum lot size of one acre.

iii.

Front setback must be a minimum of 40 feet.

iv.

Only one mobile home allowed per lot.

Lot may not be subdivided.

vi.

Lot may not be located within a platted subdivision.

vii.

Use may not otherwise be prohibited by any overlay district.

viii.

The use of a mobile home is compatible with the surrounding area.

ix.

Structure may not be located in a FEMA designated special flood hazard area, in a designated coastal high hazard area or within county designated evacuation zones A, B or C.

No other permitted or conditional use contained within the special use zoning, except for use of a mobile home as a single-family residence shall be allowed.

xi.

xii.

Lot may not be located in the Escambia County Mid-West Sector Plan.

(5)

(6)

(7)

(c)

(1)

(2)

(3)

(4)

(d)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-35, § 1, 9-3-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2017-61, § 1, 10-5-2017; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.3 - Comprehensive plan future land use and text amendments.

(a)

(b)

(c)

(d)

(e)

Comprehensive plan map amendments.

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Need and benefit. There is an identified land use need particular to the scope and function of the comprehensive plan for which an amendment is clearly warranted.

FLUM amendment conditions. In addition to the general amendment conditions, a future land use map amendment shall be based upon analyses by Florida Statute.

(f)

(1)

(2)

(3)

Recommendation to BCC. For any amending ordinance, the clerk of the planning board shall forward the board's recommendation to the BCC for consideration in a public hearing at the next available scheduled meeting of the BCC. The clerk of the planning board shall ensure public notice of all BCC hearings regarding the amendment consistent with Florida Statutes and the notice required for hearings of the planning board.

(4)

Final determination. Requirements for a final determination on a proposed comprehensive plan amendment shall be as prescribed by Florida Statutes and summarized in the following actions:

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2021-30, § 1, 8-30-2021)

Sec. 2-7.4 - Applications for opting-out of the Mid-West Escambia County Sector Plan.

(a)

General. All applications requesting that any parcel be allowed to opt-out of the Mid-West Escambia County Sector Plan shall address the following criteria:

(1)

All standard comprehensive plan map amendment criteria;

(2)

Comprehensive plan requirement for changes to an existing DSAP;

(3)

(4)

The existing transportation infrastructure and any impact the proposed opt-out may have on the capacity of that infrastructure;

(5)

The underlying existing zoning category and its compatibility with surrounding DSAP land use designations;

(6)

The consistency of the requested future land use designation with the underlying zoning; and

(7)

The previous future land use designation.

(b)

(Ord. No. 2017-14, § 1, 3-16-2017)

Sec. 2-8.1 - Purpose of article.

Decisions regarding the application of design and environmental standards are the responsibility of the engineering or environmental official (or his or her designee).

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

Sec. 2-8.2 - General.

(a)

Design standards manual (DSM), chapter 1, Engineering.

(b)

Design standards manual (DSM), chapter 2, Environmental.

(c)

Design standards manual (DSM), chapter 3, Low impact development (pending).

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

Sec. 2-8.3 - Criteria for inclusion.

(a)

Provides specific and general design requirements.

(b)

Provides subjective design choices.

(c)

Provides design criteria that, in all cases, meet or exceed mandatory regulatory or industry design requirements.

(d)

Provides background information related to a design requirement or guideline.

(e)

Provides a sample calculation.

(f)

Details specific information regarding development applications.

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

Sec. 2-8.4 - Design standards manual.

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

Sec. 2-8.5 - Amendments or changes to the DSM.

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

Escambia County Unincorporated
City Zoning Code

CHAPTER 2

DEVELOPMENT AND COMPLIANCE REVIEW

Sec. 2-1.1 - Purpose of chapter.

(a)

(1)

Identify county and applicant responsibilities in LDC development and compliance review.

(2)

Provide public notice requirements.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

BOA variances: Adjacent parcels.

Appeal of administrative decision: 500-foot radius.

Conditional use: 500-foot radius.

Future land use map amendments: 500-foot radius.

Plan unit development (PUD): 500-foot radius.

Rezonings south of Nine Mile Road: 500-foot radius.

Rezonings north of Nine Mile Road: 2,500-foot radius.

Borrow pits: 2,500-foot radius.

LCD and CD&D: 2,500-foot radius.

10.

Recycling facilities (yard trash, asphalt or concrete): 2,500-foot radius.

(3)

Establish criteria for the evaluation of variances, rezonings, conditional uses, vested rights, LDC and comprehensive plan amendments, and other discretionary review processes.

(4)

Provide a mechanism for appeals of county land use and development decisions.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 1, 3-16-2017)

Sec. 2-1.2 - Purpose of article.

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

Sec. 2-1.3 - General compliance review provisions.

(a)

(b)

Non-county approvals.

(1)

(2)

(c)

Applicable review. The planning official shall confirm the correct processes and direct applicants to the appropriate reviews prescribed by the LDC.

(d)

(e)

(f)

Comprehensive plan limits. No permit may be issued for any development if it would cause any requirement in the comprehensive plan to be violated.

(g)

(h)

(i)

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

Sec. 2-1.4 - General provisions of compliance review.

(a)

(1)

An application for county approval;

(2)

An opportunity for public participation;

(3)

An evaluation of LDC compliance;

(4)

A final compliance determination; and

(5)

An opportunity to appeal that determination.

(b)

(1)

(2)

(3)

(c)

(1)

(2)

Substantial conformance. The implementation of an approval shall be in substantial conformance with the terms and conditions of the approval.

Other approvals. All applicable state and federal permits shall be obtained before commencement of the approved development.

(3)

{4)

(5)

(d)

(1)

(2)

(3)

(4)

Planning board. The recommendations of the planning board are not subject to appeal since they are the local planning agency's advice to the BCC.

(5)

Board of county commissioners. A BCC decision may be appealed by petitioning the circuit court for judicial review within 30 days after the date of the board's decision.

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

Sec. 2-2.1 - Purpose of article.

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

Sec. 2-2.2 - Permitted land use.

(a)

(b)

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

Sec. 2-2.3 - Lot conformance.

(a)

(b)

Verification for lot conformance. Application for lot conformance verification shall be submitted for review to the planning official.

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

Sec. 2-2.4 - Street names and addresses.

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

Sec. 2-2.5 - Alcoholic beverage zoning.

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

Sec. 2-2.6 - LDC interpretation.

(a)

(b)

Interpretation process.

(1)

Conditions. A description of the specific conditions to which the interpretation will apply.

(2)

Prior meaning. The meaning of the provision previously provided by authorized county review personnel.

(3)

Insufficiency or error. A description of how the prior meaning provided is thought to be insufficient or in error.

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

Sec. 2-2.7 - Compatibility.

(a)

(b)

Confirmation for compatibility. Application for land use compatibility confirmation shall be submitted for review to the planning official.

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

Sec. 2-3.1 - Purpose of this article.

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

Sec. 2-3.2 - General land disturbance.

(a)

(b)

Permit for land disturbance. Application for a general land disturbance permit shall be submitted for compliance review to the planning official.

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

Sec. 2-3.3 - Pre-construction site work.

(a)

(b)

Permit for pre-construction site work. Application for a pre-construction site work permit shall be submitted for compliance review to the building official.

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

Sec. 2-3.4 - Construction in county right-of-way.

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

Sec. 2-3.5 - Residential driveways.

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

Sec. 2-3.6 - Removal of protected trees.

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

Sec. 2-3.7 - Sand and aggregate on barrier islands.

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

Sec. 2-4.1 - Purpose of article.

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

Sec. 2-4.2 - Site development review.

(a)

(b)

(c)

(1)

(2)

(3)

Supporting information. The effective documentation of existing conditions and proposed changes typically requires other supporting site information, along with a supporting checklist.

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

Sec. 2-4.3 - Minor site development.

(a)

(b)

Categories of minor development. Minor site development is limited to the following categories:

(1)

(2)

(3)

(4)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-4.4 - Major site development.

(a)

(b)

Categories of major review. Major site development is limited to the following categories:

(1)

(2)

(3)

Major nonresidential. New principal and accessory uses and structures not reviewed by any other nonresidential review category.

(4)

(5)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.1 - Purpose of article.

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

Sec. 2-5.2 - Subdivision review and platting.

(a)

(b)

Exemptions from subdivision review. Exemptions from the subdivision compliance review of this article accommodate limited special conditions in the division of land.

(1)

(2)

Family conveyance. The subdivision of land for family conveyance does not need approval through the review of this article.

(3)

Individual conforming lot. An individual lot verified as a conforming lot does not need approval through the subdivision review of this article.

(c)

Replatting land. The proposed replatting of all or part of the land of a recorded plat shall follow the same review process as the initial subdivision platting.

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

Sec. 2-5.3 - Minor subdivisions.

(a)

(1)

Number of lots. If any subdivision lots are less than four acres, the maximum number of lots that can be created is five.

(2)

Existing street frontage. All subdivision lots front on an existing public or private street, paved or unpaved, providing the minimum right-of-way prescribed in chapter 5.

(3)

No new streets. No new street or any extension of an existing street is proposed or required.

(4)

(5)

Lot grading plans. A lot grading plan is required for each lot; however, a stormwater management plan may not be required.

(b)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-28, § 1, 7-5-2018)

Sec. 2-5.4 - Master plans.

(a)

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.5 - Preliminary plats.

(a)

General. Preliminary plat approval is required to map the proposed subdivision of land and to ensure the division of land meets all the land use regulations of the LDC.

(b)

(c)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.6 - Construction plans.

(a)

(b)

(c)

Substantial deviations. Deviations shall be determined by the planning official and/or the county engineer. Deviations may include, but not limited to, the following:

(1)

Any increase in the number of lots proposed.

(2)

Significant realignment of proposed roadway.

(3)

Increased impacts to public services (sanitary sewer, potable water, solid waste.)

(4)

Revised location of roadway connection to county road.

(d)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

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

Sec. 2-5.7 - Final plats.

(a)

(b)

(c)

(d)

(1)

Cracked curbing or other cracked concrete that is not destroyed or displaced but still functions for the intended use.

(2)

Minor ponding of water on asphalt, provided base failure is not evident.

(3)

Minor settling of asphalt areas, provided base failure is not evident.

(4)

Minor defects in stormwater pipe, provided installation is in accordance with the manufacturers' requirements.

(5)

Ponds recharging at a slow rate, but still meeting regulatory requirements.

(6)

Seed or sod that has failed to establish sufficient ground cover for final stabilization and erosion control.

(e)

(f)

(g)

(h)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(i)

(j)

(k)

(1)

Datum: NAD83 (2011) or most current realization as defined and maintained by the National Geodetic Survey (NGS).

(2)

Projection zone: Florida North (State Plane — US Survey Foot Definition).

(3)

Projection type: Lambert Conformal Conic.

(l)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016; Ord. No. 2017-8, § 1, 2-16-2017; Ord. No. 2017-50, § 1, 8-3-2017; Ord. No. 2025-38, § 2, 9-16-2025)

Sec. 2-5.8 - Plat vacation.

(a)

(b)

Approval process. Checklists provided by the appropriate department will give the applicant quick and ready access to the requirements of this article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-33, § 1, 9-1-2016)

Sec. 2-6.1 - Purpose of article.

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

Sec. 2-6.2 - Review by quasi-judicial hearing.

Public notification is required as further outlined in this article. The cost of the notification is to be borne by the applicant requesting review.

(1)

Public participation. Prior to any hearing to consider a variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail. For notification distances, see section 2-1.1. The cost of the mailing is to be borne by the applicant.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.3 - Variance of LDC standards.

(a)

(b)

(c)

General variance conditions. All variances shall satisfy the following conditions:

(1)

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district.

(2)

The special conditions and circumstances do not result from the actions of the applicant.

(3)

(4)

(5)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(6)

(d)

(1)

(2)

Public participation. Prior to any hearing to consider a substantial hardship variance, the clerk of the reviewing board shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017; Ord. No. 2019-15, § 2, 3-7-2019)

Sec. 2-6.4 - Conditional uses.

(a)

(b)

Limits on conditional uses. Conditional uses are subject to the following limitations:

(1)

Availability. Conditional uses are available and may be granted only to land for which that option is specifically provided by the applicable zoning district or other provisions of the LDC.

(2)

Invalid reasons. Nonconforming, unapproved, or unlawful uses, structures, or conditions are not considered special conditions or other valid reasons for granting any conditional use.

(3)

(4)

Multiple uses. If more than one conditional use is proposed, the conditions shall be addressed for each use.

(c)

Conditional use provisions.

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

General compatibility. The proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area.

Solid waste. All on-site solid waste containers will be appropriately located for functional access, limited off-site visibility and minimal odor and other nuisance impacts.

Screening and buffering. Where not otherwise required by the LDC, screening and buffering will be provided if appropriate to the proposed use and site.

Use requirements. The proposed use complies with any additional conditional use requirements of the applicable zoning district, use or other provisions of the LDC.

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-18, § 1, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.5 - Extensions of review, approval, and use periods.

(a)

(b)

Limits on extensions. Extensions to LDC periods are subject to the following limitations:

(1)

(2)

Approving authority. Extensions to any period not required by the LDC but imposed as a condition of approval by an approving authority cannot be granted by another approving authority.

(3)

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

Sec. 2-6.6 - Medical hardship temporary use of manufactured homes.

(a)

(b)

Medical hardship temporary use.

(1)

(2)

Public participation. Prior to any hearing to consider the medical hardship temporary use of a manufactured home or park trailer, the clerk of the BOA shall provide adequate public notice.

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Adequate public services. The manufactured home or park trailer will have adequate water, sewer, solid waste removal, and electric services available.

Compatibility. The temporary use will not produce adverse impacts on the uses of surrounding properties.

Standard conditions. The temporary use can comply with the applicable standards of chapter 4.

(4)

Final determination.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.7 - Vested rights.

(a)

(b)

(c)

Public participation. Prior to any hearing to consider a vested right, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(d)

(e)

(1)

(2)

(f)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.8 - Planned unit developments.

(a)

(b)

(1)

Land uses. Land uses may vary from the specific uses allowed by the applicable zoning district, but they shall comply with the range of allowed uses within the applicable future land use category.

(2)

Density. The number of dwelling units shall not exceed the density allowed by the applicable future land use category or zoning district.

(3)

(4)

Standards. The PUD process shall not modify any level of service standards for adequate public facilities or standards for accessibility, life safety, or health.

(c)

(d)

Public participation. Prior to any hearing to consider a PUD, the clerk of the planning board shall provide adequate public notice.

(1)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(2)

(3)

(e)

(f)

Criteria for PUD approval. The applicant has the burden of presenting competent substantial evidence to the board that establishes each of the following conditions for the PUD:

(1)

(2)

(3)

(4)

(5)

(6)

Compatibility. The development is compatible with surrounding areas and provides stable conditions and character to maintain long-term compatibility.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-6.9 - Statutory development agreements.

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

Sec. 2-6.10 - Appeal of administrative decisions.

(a)

(b)

Appeal process. Conditions that may justify modification of administrative decisions are evaluated through quasi-judicial public hearing review by the board of adjustment (BOA).

(1)

Decision appealed. A copy of the written administrative decision to be reviewed on appeal.

LDC reference. Identification of the specific LDC provisions for which noncompliance is alleged.

Alleged error. A description of how the decision of the administrative official is considered arbitrary or capricious.

Conditions. Documentation satisfying the conditions established in the compliance review provisions of this section.

Remedy. A description of the proposed remedy.

Other information. Any other pertinent information the applicant wishes to have considered.

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

The applicant or any other person who received the adverse decision from the county administrative official.

(4)

Arbitrary or capricious. The decision of the administrative official was neither required nor supported by the comprehensive plan or the LDC and was therefore arbitrary or capricious.

LDC noncompliance. The specific LDC provisions identified in the appeal application are appropriate to the decision and the decision was not in compliance with those provisions.

Adverse impact. The applicant's property will suffer an adverse impact as a result of the decision if it is not modified.

Protected interest. The adverse impact is to a specific interest protected or furthered by the LDC or comprehensive plan.

(5)

Final determination.

(Ord. No. 2015-18, § 2, 6-25-2015; Ord. No. 2017-15, § 2, 3-16-2017)

Sec. 2-7.1 - Purpose of article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.2 - LDC zoning map and text amendments.

(a)

(b)

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

Notification. At least 15 days prior to the hearing, notification shall be sent via U.S. mail to the address registered with the property appraiser for each owner of real property with any portion of the property located south of Nine Mile Road within 500 feet of the subject property. For property located north of Nine Mile Road, notification will be sent to properties within 2,500 feet of the subject property. The cost of the mailing is to be borne by the applicant.

(3)

(4)

Approval conditions.

Special-use rezoning criteria for use of mobile homes.

Must be on a conforming lot or lot of record.

ii.

Minimum lot size of one acre.

iii.

Front setback must be a minimum of 40 feet.

iv.

Only one mobile home allowed per lot.

Lot may not be subdivided.

vi.

Lot may not be located within a platted subdivision.

vii.

Use may not otherwise be prohibited by any overlay district.

viii.

The use of a mobile home is compatible with the surrounding area.

ix.

Structure may not be located in a FEMA designated special flood hazard area, in a designated coastal high hazard area or within county designated evacuation zones A, B or C.

No other permitted or conditional use contained within the special use zoning, except for use of a mobile home as a single-family residence shall be allowed.

xi.

xii.

Lot may not be located in the Escambia County Mid-West Sector Plan.

(5)

(6)

(7)

(c)

(1)

(2)

(3)

(4)

(d)

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-35, § 1, 9-3-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2017-61, § 1, 10-5-2017; Ord. No. 2018-17, § 1, 4-5-2018)

Sec. 2-7.3 - Comprehensive plan future land use and text amendments.

(a)

(b)

(c)

(d)

(e)

Comprehensive plan map amendments.

(1)

(2)

Publication. At least ten days prior to the hearing, notice shall be published in a newspaper of general circulation in Escambia County.

(3)

Need and benefit. There is an identified land use need particular to the scope and function of the comprehensive plan for which an amendment is clearly warranted.

FLUM amendment conditions. In addition to the general amendment conditions, a future land use map amendment shall be based upon analyses by Florida Statute.

(f)

(1)

(2)

(3)

Recommendation to BCC. For any amending ordinance, the clerk of the planning board shall forward the board's recommendation to the BCC for consideration in a public hearing at the next available scheduled meeting of the BCC. The clerk of the planning board shall ensure public notice of all BCC hearings regarding the amendment consistent with Florida Statutes and the notice required for hearings of the planning board.

(4)

Final determination. Requirements for a final determination on a proposed comprehensive plan amendment shall be as prescribed by Florida Statutes and summarized in the following actions:

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2017-15, § 3, 3-16-2017; Ord. No. 2021-30, § 1, 8-30-2021)

Sec. 2-7.4 - Applications for opting-out of the Mid-West Escambia County Sector Plan.

(a)

General. All applications requesting that any parcel be allowed to opt-out of the Mid-West Escambia County Sector Plan shall address the following criteria:

(1)

All standard comprehensive plan map amendment criteria;

(2)

Comprehensive plan requirement for changes to an existing DSAP;

(3)

(4)

The existing transportation infrastructure and any impact the proposed opt-out may have on the capacity of that infrastructure;

(5)

The underlying existing zoning category and its compatibility with surrounding DSAP land use designations;

(6)

The consistency of the requested future land use designation with the underlying zoning; and

(7)

The previous future land use designation.

(b)

(Ord. No. 2017-14, § 1, 3-16-2017)

Sec. 2-8.1 - Purpose of article.

Decisions regarding the application of design and environmental standards are the responsibility of the engineering or environmental official (or his or her designee).

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

Sec. 2-8.2 - General.

(a)

Design standards manual (DSM), chapter 1, Engineering.

(b)

Design standards manual (DSM), chapter 2, Environmental.

(c)

Design standards manual (DSM), chapter 3, Low impact development (pending).

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

Sec. 2-8.3 - Criteria for inclusion.

(a)

Provides specific and general design requirements.

(b)

Provides subjective design choices.

(c)

Provides design criteria that, in all cases, meet or exceed mandatory regulatory or industry design requirements.

(d)

Provides background information related to a design requirement or guideline.

(e)

Provides a sample calculation.

(f)

Details specific information regarding development applications.

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

Sec. 2-8.4 - Design standards manual.

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

Sec. 2-8.5 - Amendments or changes to the DSM.

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

Escambia County UnincorporatedCity Zoning Code

CHAPTER 2

Sec. 2-1.1 - Purpose of chapter.

Sec. 2-1.2 - Purpose of article.

Sec. 2-1.3 - General compliance review provisions.

Sec. 2-1.4 - General provisions of compliance review.

Sec. 2-2.1 - Purpose of article.

Sec. 2-2.2 - Permitted land use.

Sec. 2-2.3 - Lot conformance.

Sec. 2-2.4 - Street names and addresses.

Sec. 2-2.5 - Alcoholic beverage zoning.

Sec. 2-2.6 - LDC interpretation.

Sec. 2-2.7 - Compatibility.

Sec. 2-3.1 - Purpose of this article.

Sec. 2-3.2 - General land disturbance.

Sec. 2-3.3 - Pre-construction site work.

Sec. 2-3.4 - Construction in county right-of-way.

Sec. 2-3.5 - Residential driveways.

Sec. 2-3.6 - Removal of protected trees.

Sec. 2-3.7 - Sand and aggregate on barrier islands.

Sec. 2-4.1 - Purpose of article.

Sec. 2-4.2 - Site development review.

Sec. 2-4.3 - Minor site development.

Sec. 2-4.4 - Major site development.

Sec. 2-5.1 - Purpose of article.

Sec. 2-5.2 - Subdivision review and platting.

Sec. 2-5.3 - Minor subdivisions.

Sec. 2-5.4 - Master plans.

Sec. 2-5.5 - Preliminary plats.

Sec. 2-5.6 - Construction plans.

Sec. 2-5.7 - Final plats.

Sec. 2-5.8 - Plat vacation.

Sec. 2-6.1 - Purpose of article.

Sec. 2-6.2 - Review by quasi-judicial hearing.

Sec. 2-6.3 - Variance of LDC standards.

Sec. 2-6.4 - Conditional uses.

Sec. 2-6.5 - Extensions of review, approval, and use periods.

Sec. 2-6.6 - Medical hardship temporary use of manufactured homes.

Sec. 2-6.7 - Vested rights.

Sec. 2-6.8 - Planned unit developments.

Sec. 2-6.9 - Statutory development agreements.

Sec. 2-6.10 - Appeal of administrative decisions.

Sec. 2-7.1 - Purpose of article.

Sec. 2-7.2 - LDC zoning map and text amendments.

Sec. 2-7.3 - Comprehensive plan future land use and text amendments.

Sec. 2-7.4 - Applications for opting-out of the Mid-West Escambia County Sector Plan.

Sec. 2-8.1 - Purpose of article.

Sec. 2-8.2 - General.

Sec. 2-8.3 - Criteria for inclusion.

Sec. 2-8.4 - Design standards manual.

Sec. 2-8.5 - Amendments or changes to the DSM.

Escambia County UnincorporatedCity Zoning Code

CHAPTER 2

Sec. 2-1.1 - Purpose of chapter.

Sec. 2-1.2 - Purpose of article.

Sec. 2-1.3 - General compliance review provisions.

Sec. 2-1.4 - General provisions of compliance review.

Sec. 2-2.1 - Purpose of article.

Sec. 2-2.2 - Permitted land use.

Sec. 2-2.3 - Lot conformance.

Sec. 2-2.4 - Street names and addresses.

Sec. 2-2.5 - Alcoholic beverage zoning.

Sec. 2-2.6 - LDC interpretation.

Sec. 2-2.7 - Compatibility.

Sec. 2-3.1 - Purpose of this article.

Sec. 2-3.2 - General land disturbance.

Sec. 2-3.3 - Pre-construction site work.

Sec. 2-3.4 - Construction in county right-of-way.

Sec. 2-3.5 - Residential driveways.

Sec. 2-3.6 - Removal of protected trees.

Sec. 2-3.7 - Sand and aggregate on barrier islands.

Sec. 2-4.1 - Purpose of article.

Sec. 2-4.2 - Site development review.

Sec. 2-4.3 - Minor site development.

Sec. 2-4.4 - Major site development.

Sec. 2-5.1 - Purpose of article.

Sec. 2-5.2 - Subdivision review and platting.

Sec. 2-5.3 - Minor subdivisions.

Sec. 2-5.4 - Master plans.

Sec. 2-5.5 - Preliminary plats.

Escambia County Unincorporated
City Zoning Code

Escambia County Unincorporated
City Zoning Code

Escambia County Unincorporated
City Zoning Code