(a)

General. This chapter establishes general county development standards necessary to implement comprehensive plan policies. Most chapter standards apply without regard to zoning district or location, but all require coordination with the site and building requirements of the applicable zoning district and additional location-based and use-based regulations as referenced in the land development code (LDC). Compliance with the provisions of this chapter is evaluated by the administrative authorities described in chapter 1 and is according to the compliance review processes prescribed in chapter 2. More specifically, this chapter is intended to:

(1)

Protect existing users of the essential public infrastructure and services by ensuring that adequate facilities are available when needed to support new land uses and development activities.

(2)

Promote sound communities and healthful living environments through appropriate regulation of the division of land.

(3)

Avoid congestion on public streets and reduce conflicts among motor vehicles, bicycles, and pedestrians through appropriate management of streets, site access, on-site circulation, and parking.

(4)

Appropriately manage stormwater runoff to minimize damage from erosion and flooding and prevent adverse impacts to adjoining property and receiving waters.

(5)

Recognize that a healthy, diverse, and well-managed urban forest is an important public asset, enhancing community character and providing substantial proven economic, environmental, and aesthetic benefits.

(6)

Preserve the county as a desirable community in which to live, vacation, and conduct business through the regulation of signs, lighting, and adverse offsite impacts.

(7)

Require the correction of the nonconformity to the extent that sufficient land is available within parcels to make the corrections.

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

This article establishes general provisions that apply broadly to all development standards within the chapter. The regulation of specific components or elements of land uses and development activities is determined by the applicable development standards prescribed in the remaining articles of this chapter.

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

(a)

Applicability. The standards of this chapter apply to all land uses and development activities as established within each article and are independent of the review processes used to determine compliance with them.

(1)

New uses and structures. Any new use that is established, including a change of use, or any building or other structure that is constructed, or a tract of land developed, for any principal or accessory use allowed by the LDC, is subject to the standards of this chapter.

(2)

Existing uses and structures. Any existing use of land that is extended, enlarged, or moved or any existing building or other structure that is extended, enlarged, moved, structurally altered, or reconstructed, is subject to the standards of this chapter with respect to such changes and any existing nonconformity.

(b)

Nonconformance with standards. Lawfully established and maintained uses, structures, lots, and site conditions that no longer comply with one or more of the standards established in this chapter may continue in productive use, subject to the nonconforming provisions of the standards and chapter 3.

(c)

Relief from standards. Modification of the land use standards of this chapter is contrary to good development practices. The county recognizes that land is not uniform, and the same standard may not affect all sites equally. Accordingly, the chapter allows variances for a limited site-specific relief from some of the standards of this chapter through the planning official or the board of adjustment (BOA), or the Santa Rosa Island Authority (SRIA) for Pensacola Beach properties. The standard must be specifically identified as eligible, and the variance within the limits prescribed.

For technical standards (such as those found in the design standards manual (DSM)) not otherwise eligible for variances, chapter provisions will give the county engineer discretion within accepted standards of engineering practice to allow modifications that maintain the stated purposes of the standards. No provisions of the chapter preclude the establishment of limits or conditions of approval for variances or other eligible modifications.

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

This article establishes land development standards for public facilities that implement comprehensive plan policies requiring wastewater, solid waste, stormwater, and potable water, to be available when needed by proposed development. It is the intent of these standards that new development bears its fair share of the costs of providing adequate public facilities. The adequacy of these essential facilities shall be demonstrated in the ability to maintain their adopted levels of service concurrent with all existing and additionally proposed demands.

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

(a)

Approval required. All land uses and development activities that place demands on public facilities require prior county review and approval for compliance with the standards of this article unless the use or activity is specifically identified in the LDC as exempt from these standards. All affected public facilities shall have sufficient capacity at their adopted levels of service (LOS) within their respective service areas. No concurrency determination of adequate public facilities shall be issued without this demonstration of capacity. Public facility capacity shall be provided in coordination with the infrastructure standards of this chapter and the related provisions of county ordinances.

(b)

Exemptions. Land uses and development activities exempt from concurrency review include the following:

(1)

Non-development. Activities that do not constitute "development" as defined in chapter 6 or are not regulated by the LDC.

(2)

Interior renovations. Interior renovations to a building or structure when made to accommodate the same general use.

(3)

Single-family homes. Except for the demand on hurricane evacuation routes, the construction of a single-family home on a lot of records, including the placement of a manufactured (mobile) home.

(4)

Facility-specific exemptions. Other exemptions identified within this article specific to individual facilities.

(c)

Modification of standards. Variances to the strict application of the concurrency management standards of this article are not available from the planning official, BOA, or SRIA. Where the provisions of this article specifically allow for some facilities, the county engineer has discretion within the accepted standards of the engineering practice to apply standards in a manner that maintains the stated purposes of the article.

(d)

LOS and service areas. The level of service standard defines the capacity in a public facility per unit of demand on that facility. It is an indicator of the extent or degree of service provided by the facility based upon the facility's operational characteristics. A service area represents the geographical limits of demand on a facility. In the quantitative evaluation of public facility adequacy to serve the proposed land use or development activity, the demand for a facility shall be compared to its capacity within the prescribed service area.

(e)

Service demands. Service demands imposed on public facilities from proposed uses or activities, in addition to demands from existing development and the completion of previously approved development, shall be documented for the facilities as prescribed below:

(1)

De minimis. When the demand on the facility is sufficiently minor as to be negligible, for most facilities, it may be considered a de minimis demand, which is concurrent with facility capacity. If a proposed land use or development activity is demonstrated under the provisions of this article to be de minimis for stormwater management facilities, it is considered to be de minimis for all facilities and, therefore, concurrent for all facilities.

(2)

Substantial. Review of development proposing substantial demands on facilities, such as developments of regional impact, shall be coordinated with the Florida Department of Transportation (FDOT), the West Florida Regional Planning Council (WFRPC), and other agencies as appropriate.

(3)

Available capacity. Public facility capacity shall be determined according to the methods prescribed in this article. Capacity may only be credited for facilities that are in place at the time of development approval or that, as a binding condition of the approval, will be in place when the demands of the development occur. If a redevelopment is proposed, facility capacity may be credited for a demonstrated reduction in demand created by the redevelopment. Even where credits are allowed, they shall only be based upon use or conditions of the redevelopment site within the 12 months preceding the capacity evaluation for the redevelopment.

(f)

Capacity allocation period. Public facility capacities shall be allocated upon final development plan approval according to the compliance review process of chapter 2 and subject to the following sunset provisions:

(1)

Preliminary plats. Capacities for a preliminary plat and construction plan shall remain allocated for a period of two years from the date of approval unless the approval is lawfully voided or extended.

(2)

Site plans. Capacities for a site development plan shall remain allocated for a period of one year from the date of minor site plan approval and two years from the date of major site plan approval unless the approval is lawfully voided or extended.

(3)

Development agreements. Capacities for longer-term projects or developments of regional impact (DRI) will remain allocated for the periods established in their enforceable development agreements.

(4)

Discontinuation. If construction activity on an approved development ceases or does not continue in good faith, or if phased development falls behind any pre-established schedules for a period of one year, the county shall withdraw those allocated capacities and make them available to other developments. It shall be the responsibility of the applicant to reapply for necessary capacity allocations if continuation of development is desired.

(g)

Deficient capacity options. When it cannot be demonstrated that all public facilities affected by the proposed use or activity have sufficient capacity at their adopted levels of service, a decrease in demand and/or an increase in capacity is necessary to maintain LOS standards. Demand reductions include the scope or scale of the proposed use or activity or phasing its construction to coincide with the phased construction of the required facilities. Capacity increases include construction of the necessary facilities such that their completion is a condition of development approval. Other facility-specific demand and capacity options available to applicants are addressed by the facility in this article.

(h)

Technical guidance. To provide appropriate technical guidance to applicants in their demonstration of adequate public facility capacity, the county shall maintain and make available a concurrency management system (CMS) procedural manual. The CMS manual shall contain any procedures and supplemental information necessary to implement the provisions of this article.

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

General. Escambia County does not require roadway concurrency for development; however, the county monitors and requires intersection analysis (see concurrency manual for additional information).

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

(a)

General. The provisions of this section address concurrency for development that places the demand of additional ridership on mass transit.

(b)

Level of service. The LOS standard established in the comprehensive plan for the evaluation of mass transit facility capacities is a 60-minute maximum period of wait throughout the current Escambia County Area Transit (ECAT) service area and during the hours of service.

(c)

Area of service. The concurrency service area for mass transit facilities shall be those lands located along the fixed routes of the ECAT system, as they may be established or revised.

(d)

Capacity and demand. Quantitative methods shall be used to evaluate and determine if mass transit facilities have the available capacity at their adopted levels of service to accommodate the demands generated by proposed uses or activities. If total ridership is not greater than the service capacity, the development is concurrent for mass transit impacts, and no further analysis is necessary. The applicant shall rely on the comprehensive plan annual implementation report or the annual report establishing projected available capacity as prepared by the director of ECAT.

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

(a)

General. The provisions of this section address concurrency for development that places a demand of additional wastewater generation on sanitary sewage collection, treatment, and disposal facilities. Where a use or activity requires sewer service, but the means is unknown, the applicant shall contact the central sewer provider to determine and document the availability of the service. An existing or proposed septic tank or another on-site sewage treatment and disposal system requires evaluation by the Escambia County Health Department.

(b)

Level of service. The LOS standard established in the comprehensive plan for the evaluation of wastewater system capacities is an average of 210 gallons per residential connection per day and a peak of 350 gallons per residential connection per day. For nonresidential uses, the LOS requirements shall be based upon an equivalent residential connection (ERC), as may be recalculated by the service provider from time to time, and on the size of the nonresidential water meter.

(c)

Area of service. The concurrency service area for wastewater shall be the service area of the franchised provider, Emerald Coast Utilities Authority (ECUA), or any other sanitary sewer provider that may be franchised by Escambia County. All new structures intended for human occupancy located south of Well Line Road shall connect to the ECUA sanitary sewer system unless ECUA has determined that it is not feasible to provide sanitary sewer service to the proposed structures. This does not apply to the ECUA retrofit mandatory connection program.

(d)

Capacity and demand. Quantitative methods shall be used to evaluate and determine if wastewater facilities have the available capacity at their adopted levels of service to accommodate the demands generated by proposed uses or activities. If total wastewater generation is not greater than the service capacity, then the development is concurrent for wastewater impacts, and no further analysis is necessary. The applicant shall obtain certification of service availability and facility capacity from the provider of wastewater services to the subject parcel in a form acceptable to the county (see CMS manual). If the project is not within the service area of a central sewer system or will not otherwise be served by such a system, the applicant shall submit to the county a valid permit for a septic tank, package plant, or another sewage treatment and disposal system. The permit shall be authorized by the Health Department or Florida Department of Environmental Protection (FDEP).

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

(a)

General. The provisions of this section address concurrency for development that places a demand of additional waste generation on solid waste disposal facilities.

(b)

Level of service. The LOS standard established in the comprehensive plan for the evaluation of solid waste disposal capacities is six pounds per capita per day.

(c)

Area of service. The concurrency service area for solid waste disposal shall be county wide.

(d)

Capacity and demand. Quantitative methods shall be used to evaluate and determine if solid waste facilities have the available capacity at their adopted levels of service to accommodate the demands generated by proposed uses or activities. If total waste generation is not greater than the service capacity, the development is concurrent for solid waste impacts, and no further analysis is necessary. The applicant shall rely on the comprehensive plan annual implementation report or the annual report establishing the projected available capacity as prepared by the county official responsible for solid waste management.

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

(a)

General. The provisions of this section address concurrency for development that places a demand of additional stormwater runoff on stormwater management facilities.

(b)

Level of service. The LOS standards established in the comprehensive plan for the evaluation of stormwater management facility capacities are the following:

(1)

Run-off rates. See DSM chapter 1, stormwater quantity section.

(2)

Compliance. See DSM chapter 1, stormwater management systems section for details.

(3)

Area-wide systems. The contribution of the new development (or redevelepment) to any existing, functioning, area-wide drainage system shall not degrade the ability of the area-wide system to adequately retain/detain/store and control stormwater run-off.

(4)

Channels under roads. See DSM chapter 1, stormwater management systems section for details.

(c)

Area of service. The concurrency service area for stormwater management shall be a parcel or site where the proposed land use or development activity is located, unless it is connected to a larger, area-wide drainage system. When connected to an area-wide system, the service area shall be that of the larger system. For the purposes of this provision, "site" includes any area within an approved or proposed subdivision or any area within two or more parcels subject to a joint-use agreement or shared-facilities agreements.

(d)

Capacity and demand.

Methodology. Quantitative methods shall be used to evaluate and determine that stormwater management facilities have the available capacity at their adopted levels of service to accommodate the demands generated by proposed uses or activities. If a Florida-registered professional engineer develops the stormwater management plan and detailed construction plans and certifies that the design and methods of construction are in accordance with accepted standards of practice and comply with the stormwater LOS standards, and, if the plan is reviewed and inspected by the county, then the development is concurrent for stormwater impacts, and no further analysis is necessary.

(e)

De minimis determinations. See DSM chapter 1, stormwater management systems section.

(f)

Additional standards. The provision of stormwater management facilities shall be consistent with the stormwater management standards of article 4 of this chapter.

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

(a)

General. The provisions of this section address concurrency for development that places a demand of additional consumption on potable water procurement, treatment, and distribution facilities.

(b)

Level of service. The LOS standard established in the comprehensive plan for the evaluation of potable water system capacities is 250 gallons per residential connection per day. For nonresidential uses, the LOS requirement is based upon an equivalent residential connection (ERC) to be calculated by the service provider at the time of service application. Although not addressed by the LOS standard, fire safety codes and other considerations may require flow rates, pressure, and other attributes of potable water service to be addressed by proposed development.

(c)

Area of service. The service area for potable water shall be the service area of the franchised provider - Cottage Hill Water Works, Peoples Water Service Co., Farm Hill Utilities, Central Water Works, Molino Utilities, Gonzales Utilities Assoc., Escambia River Electric Coop., BratDavis Ville Water Works, Emerald Coast Utilities Authority (ECUA), or any other potable water provider that may be franchised by Escambia County.

(d)

Capacity and demand. Quantitative methods shall be used to evaluate and determine if potable water facilities have available capacity at their adopted levels of service to accommodate the demands generated by proposed uses or activities. If total water consumption is not greater than the service capacity, the development is concurrent for potable water impacts, and no further analysis is necessary. The applicant shall obtain certification of service availability and facility capacity from the provider of potable water services to the subject parcel in a form acceptable to the county (see CMS manual). If the project is not within the service area of a central water system or will not otherwise be served by such a system, the applicant shall submit to the county a valid well permit (extraction or consumptive use) issued by the Northwest Florida Water Management District or another state regulatory agency.

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

This article establishes land development standards for the division of land that implement comprehensive plan policies requiring the uniform subdivision regulations that support and facilitate the desired development patterns. It is the intent of these standards to promote sound communities and healthful living environments as well as to require new development to bear its fair share of the costs of providing adequate public facilities and services.

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

(a)

Approval required. The division of land requires county review and approval for compliance with the standards of this article unless the division is specifically identified in the LDC as exempt from these standards. For the purposes of the LDC, the lot of record (as defined in chapter 6) is the reference for any division of land and the basis for determining the applicable review and approval process for such division.

(b)

Modification of standards. Variances to the strict application of the standards of this article are not available from the planning official, BOA or SRIA. Where the provisions of this article specifically allow, the county engineer has discretion within accepted standards of engineering practice to allow for modifications that maintain the stated purposes of the article.

(c)

Creation of new lots. No lot shall be created which requires a variance or other exception to the requirements of the LDC to provide sufficient buildable area or other conditions necessary to use the lot for its intended purposes. Additionally, unless established through the family conveyance exception of this section or the division of a lot of record into two single-family lots by an existing public right-of-way as authorized in article 1 of chapter 3, the creation of any new lot shall comply with the following:

(1)

Zoning compliant. Each lot provides the minimum lot area and dimensions required by the applicable zoning district.

(2)

Right-of-way frontage. Each lot fronts on a public or private right-of-way, whether improved or unimproved, which conforms to the definition of "street" in chapter 6. Although such right-of-way typically affords the principal means of lot access, frontage along a right-of-way does not authorize or require access to that street.

(3)

Subdivision review. The creation of lots by the division of a lot of record into three or more contiguous lots (i.e., subdivision) shall be reviewed for compliance with the standards of this article through the applicable subdivision review process prescribed in chapter 2.

(d)

Family conveyance exception. No division of land or building permit shall be denied where the property in question is to be used solely as a homestead by an owner-applicant who is the grandparent, parent, step-parent, adopted parent, sibling, child, step-child, adopted child, niece, nephew, aunt, uncle or grandchild of the person who conveyed the parcel to such applicant, notwithstanding the density or intensity of use assigned to the parcel by a particular zoning district. An affidavit of qualifying family relationship shall be filed with the application for this exception and shall be recorded in the Official Records of Escambia County, with a copy to the county property appraiser, at the expense of the applicant. This exception shall apply only once to any owner-applicant.

(e)

Completion of platting. Unless otherwise exempt under provisions of the LDC, before any lot may be sold or before any building permit is issued to construct improvements on any lot that makes reference to the final plat, the plat shall be approved by the board of county commissioners (BCC) and recorded in the public records of Escambia County.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2015-19, § 1, 6-25-2015; Ord. No. 2017-27, § 2, 5-4-2017; Ord. No. 2017-68, § 1, 12-14-2017; Ord. No. 2018-28, § 2, 7-5-2018)

(a)

Professional design. A subdivision developer shall retain the services of a Florida-registered professional engineer to prepare construction plans and specifications in compliance with the subdivision design standards in this article and as it relates in the DSM, other applicable provisions of the LDC, and the General Paving and Drainage Technical Specifications of the county. All construction plans shall include applicable details taken from the county's standard detail sheets available from the county engineer.

(b)

Improvements and facilities. A subdivision developer shall ensure the installation of the improvements and the facilities remain at or are constructed to the prescribed standards and at no expense to the county; paved roads, stormwater management, and other necessary improvements and facilities.

(c)

Public access. A subdivision developer shall provide adequate public paved access to the tract to be subdivided, including all necessary paved roads, ditches and rights-of-way, and drainage structures. The access shall lead to an established and publicly maintained street. The developer shall prepare the necessary deeds, agreements, and easements for the access and shall attempt to acquire such rights of easements. At the option of the applicant, the county may assist in the acquisition of such easements when the acquisition is in the public interest, governmental action is necessary to acquire the property, and the developer advances all costs and expenses incurred by the county in taking such an action.

(d)

Innovations. Innovations in the design and construction of subdivision improvements are encouraged. Such innovations shall be approved by the county if determined by the county engineer to achieve the relevant and appropriate criteria or standards for subdivision improvements and if the developer warrants the improvements as required by the LDC. The developer may also be required to post additional negotiated financial surety based on the estimated costs of the total project improvements.

(e)

Lots and blocks. The lots of a subdivision shall comply with the requirements of the applicable zoning district. Lots and blocks shall comply as per the chapter 3 of the LDC.

(f)

Subdivision name. The proposed name of a subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the county except when the subdivision is an additional unit or section of another subdivision by the same applicant or his successors in title.

(g)

Monuments. The subdivision developer shall place permanent reference monuments (PRMs) and permanent control points (PCPs) as required by Florida Statutes (Ch. 177).

Medians and entrance signs. Medians within subdivision streets shall be privately owned and maintained. Signs may be installed at subdivisions' entrances in compliance with the standards of article 8 of this chapter if placed within medians or other privately owned land platted within the subdivision. Where medians or other entrance sign parcels are platted, the plat shall provide that each person ultimately owning land in the subdivision shall own an undivided part interest in the median and sign parcels, whether or not the interest is noted in the instrument conveying ownership of the subdivision. This requirement shall be included in any restrictive covenants of the subdivision.

The developer shall note on the plat that ownership of entrance signs and medians and other entrance sign parcels is vested in a homeowner's association having the obligation to assess fees for the maintenance of the signs and land as well as for payment of property taxes pertaining to the land. Each person owning land within the subdivision shall be deemed to agree that the failure of the homeowner's association to maintain the signs or land or to pay taxes on the land shall cause the signs and land to revert to the undivided ownership of the persons owning land within the subdivision, whether or not a reversionary clause is noted in the instrument conveying ownership of subdivision land.

(h)

Areas with high water tables. Development of residential subdivisions in areas with high water tables shall comply with the requirements provided in the DSM chapter 1, roadway design section.

(i)

Infrastructure.

(1)

Stormwater management. For any subdivision, the developer shall provide an adequate stormwater management system, including for erosion control, in compliance with the concurrency management stormwater management standards of this chapter and DSM chapter 1, stormwater article.

(2)

Streets and access. For any subdivision, the developer shall provide an adequate street network, including access, in compliance with the monitoring management and street and access standards of this chapter and DSM chapter 1, transportation article.

(3)

Underground utilities. The developer is encouraged to place all subdivision utilities underground. See DSM chapter 1, street layout to address utilities in right-of-way.

(4)

Utility street crossings. See DSM chapter 1, street layout section for details regarding utility street crossings.

(5)

Street lights. The developer is encouraged to install street lights. A street lighting district may be established through the BCC for the installation, operation, and/or maintenance of lights according to the street lighting municipal services benefits units (MSBU) provisions of chapter 70, local public improvements, part I, Escambia County Code of Ordinances.

(6)

Easements. Drainage easements and rights-of-way shall comply with the stormwater management provisions of this chapter and DSM, chapter 1, stormwater management systems, conveyance systems section and chapter 2, roadway design, minimum right-of-way widths section.

(7)

Water supply and sewerage.

a.

The subdivision developer shall solicit, maintain and provide to the county a valid, unexpired capacity reservation letter for water production capacity and/or sewer treatment capacity from the provider whose franchise area serves the subject property. The capacity reservation letter ensures water production and sewer treatment capacity, but does not necessarily ensure provider's infrastructure is adequate to serve project. Coordinate with utility provider on infrastructure needs to serve project.

b.

New and/or expanded water and sewer systems in single family residential detached dwelling subdivisions shall require approval and acceptance by the local utility authority. If a low pressure sewer system is proposed, all items relating to the system, excluding the collector force main, shall be located on private property. Anything located within a public or private right-of-way shall be owned and maintained by the local utility authority (consistent with the provider's appurtenance ownership limitations).

c.

No central private wastewater collection systems shall be proposed or expanded. Townhome developments may qualify for a private wastewater collection system, based on approval of the local utility authority.

d.

A final acceptance letter from the appropriate utility provider shall be submitted to the county prior to the final recommendation to the board.

(8)

[Installation of fire hydrants.] Provisions shall be made for the installation of fire hydrants and comply with the following:

a.

No residence in any subdivision shall be more than 500 feet from a fire hydrant on a six-inch water line. Locations of fire hydrants shall be noted on the subdivision construction plans; or

b.

Where a four-inch water line is located at the entrance to a new subdivision, the developer shall be required to install a six-inch waterline within the new subdivision with flush hydrants so that they can be replaced with fire hydrants when service at the entrance becomes adequate.

c.

If public or community water systems service is not available or the existing water line is less than four inches, the developer shall install a six-inch waterline with stub-outs for fire hydrants unless the engineer of record finds the larger main size to be detrimental to the water quality in the development.

(j)

Public dedication. The county encourages developers of residential subdivisions to request the dedication of subdivision streets and stormwater management systems to the county, but those facilities may alternatively be dedicated to one or more owners of property within the subdivision. If the dedication of subdivision streets and stormwater management systems for public ownership and maintenance is proposed, the following conditions apply:

(1)

Compliance. The facilities shall be designed and constructed in compliance with the standards of this chapter.

(2)

All facilities. The streets will not be accepted without the stormwater management system or the stormwater management system without the streets. The facilities shall be dedicated in their entirety to the county.

(3)

Permitting. The facilities will not be accepted without appropriate permitting of those facilities from all applicable local, state, and federal agencies, or proof of exemption.

(k)

Private ownership.

(1)

Maintenance and taxes. If the streets and stormwater management system of a subdivision will remain in private ownership, the county shall not be responsible for the maintenance of those facilities or be the owner of an easement upon them. The subdivision developer shall create a homeowner's association or an alternative organization of owners of property within the subdivision and assign it the responsibility for maintaining the streets and stormwater management system and any other privately owned improvements as well as for paying the property taxes due on those lands.

(2)

County authority. Any agreements establishing the persons responsible for maintaining the streets, stormwater management system, and other privately owned subdivision improvements, and for paying property taxes on the lands of those improvements, shall vest in Escambia County the authority to assess reasonable fees upon those persons for the payment of maintenance costs and property taxes for those lands in the event that the improvements and their lands are not maintained or that the taxes on the lands are not paid. These provisions shall also be in any restrictive covenants binding the property.

(3)

Covenants and restrictions. Subdivision covenants and restrictions shall include the documents of the homeowners' association or an alternative organization of owners of property within the subdivision, identifying specific operation and maintenance responsibilities of the organization for streets, the stormwater management system, and all other privately owned improvements, including entrance signs and private recreation areas.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016; Ord. No. 2018-5, § 1, 2-1-2018; Ord. No. 2018-22, § 1, 6-7-2018)

This article establishes land development standards for stormwater management that implement level-of-service and other comprehensive plan policies requiring development to properly manage any stormwater runoff it generates. It is the intent of these standards to allow landowners reasonable use of their property while protecting adjoining lands and resources from any detrimental impacts of stormwater produced by land uses and development activities. More specifically, this article is intended to:

(a)

Prevent untreated stormwater runoff from adversely impacting receiving water bodies.

(b)

Minimize the loss of valuable topsoil by erosion and prevent the sedimentation of streets and surface water bodies.

(c)

Facilitate groundwater recharge.

(d)

Protect and maintain the natural habitats of fish and wildlife and prevent damage to wetlands.

(e)

Reduce capital expenditures for flood-proofing and storm drainage systems where feasible by routing runoff through swales or other natural retention/detention systems to increase stormwater infiltration, settle suspended solids, and remove pollutants.

(f)

Require the approval and implementation of stormwater management plans for proposed development as necessary to achieve the purposes of this article.

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

(a)

Approval required. No land use or development activity may alter or disrupt existing stormwater runoff patterns or conditions without prior county review and approval for compliance with the standards of this article unless the use or activity is specifically identified in the LDC as exempt from these standards. Uses or activities that may alter or disrupt existing stormwater runoff sufficiently to require a stormwater management plan include the following:

(1)

Land disturbance. Grading, digging, cutting, scraping, or excavating of soil; placement of fill materials; substantial removal of vegetation; the drainage of land; and any other forms of land disturbance that would significantly change stormwater runoff.

(2)

Lot coverage. Construction of a structure or the non-de minimis alteration of the size of one or more structures; placement of aggregate and paving; and other constructed changes in the proportions of pervious, impervious, and semi-impervious lot coverage.

(3)

Alterations. Alteration of the shoreline or bank of any watercourse or surface waterbody; or alteration of any ditches, dikes, terraces, berms, swales, piping, inlets, ponds, or other natural or manmade elements affecting the control or management of stormwater.

(4)

Subdivision. The subdivision of land, including the replatting of a recorded subdivision.

(b)

Exemptions.

(1)

Stormwater management plan exempt. A stormwater management plan need not be provided for the uses and activities listed in the DSM chapter 1, stormwater management systems, exemptions section. In areas with documented drainage problems, the county may request a reduction in the proposed impervious lot cover or other on-site stormwater impact-reduction measures:

a.

New single-family dwellings. Construction of a single-family dwelling on either a lot of record, a lot created in compliance with the family conveyance provisions of the LDC, or a lot verified as functionally conforming according to the provisions of chapter 2. The construction shall comply with a county-approved lot grading plan, which provides the same lot information required by this article for subdivision grading and erosion control plans. Additionally, lots relying on conformance verification for stormwater plan exemption shall comply with the individual lot limits prescribed in this part for subdivision along existing streets.

b.

Subdivision along existing streets. See DSM chapter 1, stormwater management systems, exemptions section for details.

c.

Maintenance. Maintenance of an existing stormwater structure, which will not change the discharge rate, volume, or treatment method of the structure or the stormwater runoff from the site on which the structure is located.

d.

De minimis additions. See DSM chapter 1, stormwater management systems, exemptions section for details.

e.

Emergencies. Emergencies requiring immediate action to prevent material harm or danger to persons when obtaining a permit is impractical and would cause undue hardship in protection of property from fire, violent storms, hurricanes, and other hazards. The emergency action shall be reported to the county as soon as practical, and any permanent changes from the action may require the subsequent development and approval of a stormwater management plan to document any impacts from the changes.

f.

Other exemptions. Stormwater plan exemptions for other structures, uses, or activities as may be determined by the county engineer to be appropriate and consistent with accepted standards of engineering practice and the purposes of this article.

(2)

Stormwater exempt activities. The following activities are exempt from all stormwater management standards of this article:

a.

Agriculture and silviculture. Bona fide agricultural or silvicultural operations on land classified by the Escambia County Property Appraiser as "agricultural," according to Florida Statutes, for ad valorem tax purposes, it is recommended that the local offices of the natural resources conservation service and the Florida Forest Service be consulted regarding appropriate stormwater management for agricultural and silvicultural operations.

b.

Mosquito drainage structures. Maintenance work on existing mosquito and arthropod drainage structures for public health and welfare purposes.

(c)

Modification of standards. Variances to the strict application of the stormwater management standards of this article are not available from the planning official, BOA, or SRIA. Where the provisions of this article specifically allow, the county engineer has discretion within accepted standards of engineering practice to allow modifications that maintain the stated purposes of the article.

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

Sediment shall be retained on the site of development. Erosion and sedimentation control measures shall be applied to stabilize barren areas and other unvegetated areas during and after construction. No clearing of land or other land-disturbing activity shall begin until the appropriate erosion and sedimentation control devices have been installed between the areas to be disturbed and adjacent lands, including waterbodies, watercourses, and wetlands. Such erosion and sediment control shall comply with the best management practices listed in the DSM chapter 1, stormwater management plans, content section.

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

(a)

General. Where a stormwater management plan is required, it is the responsibility of the applicant to include sufficient information in the plan for the county to evaluate the physical characteristics of the affected areas as required in the DSM chapter 1, stormwater management plans section.

(b)

Preparation. The stormwater management plan shall be developed and/or reviewed as indicated in the DSM chapter 1. Chapter 1 of the DSM contains the provisions for the content of the plan. The DSM also contains information regarding the existing conditions, proposed changes, and supporting documentation.

(c)

[Supporting information.] Supporting information is regarded as other information that the applicant or the county believes is reasonably necessary for LDC compliance evaluation of the proposed stormwater management plan.

(d)

Plan adherence. The applicant shall adhere to the stormwater management plan as approved and permitted. Any changes or amendments to the plan must be approved by the original approving authority. After completion of the subject development, the engineer of record shall certify that the completed development complies with the approved plan and its specifications.

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

(a)

General design and construction. The installation of all stormwater management facilities made necessary by new development, according to the provisions of this article, is the responsibility of the developer, including all necessary ditches, canals, greenbelts, outfalls, bridges, retention or detention structures, flow attenuation devices, etc. The general design and construction of all stormwater management systems shall be as indicated in the DSM chapter 1, stormwater article and achieve the following objectives:

(1)

Comply with regulations.

(2)

Protect adjacent property.

(3)

Incorporate upland runoff.

(4)

Reduce pollution.

(5)

Prevent hazards.

(6)

Encourage regional stormwater management system.

(b)

Resource protection. All stormwater management systems shall be designed and constructed to protect natural resources as per state requirements.

(c)

System maintenance.

(1)

General. All stormwater management facilities shall be designed for a minimum 50-year life (where standards are available) have low maintenance costs, and have easy legal access for periodic maintenance.

(2)

Maintenance entity. Stormwater management systems shall be maintained by the owner, except where the county selects certain systems for county maintenance. All areas and/or structures to be maintained by the county must be dedicated to the county by plat or separate instrument and accepted by the BCC. Systems to be maintained by the owner shall have adequate easements to permit the county right-of-entry to inspect and, if necessary, take corrective action if the owner fails to maintain the system. In addition, the owner shall submit a copy of any outside agency inspections and/or reports for the county to evaluate in accordance with the county's MS4. If the owner fails to maintain his system, the county shall give the owner written notice of the nature of corrective action required. If the owner fails to take corrective action within 30 days from the date of the notice, the county may take the necessary corrective action, including placement of a lien on all property of the owner to recover the costs thereof.

(d)

Inspections. The owner shall initiate scheduling with the county for the following inspections:

(1)

Erosion control. An erosion and sediment control inspection prior to any construction or other land disturbance, as may be required by county development approval, to ensure effective controls are in place according to the provisions of this article.

(2)

Underground. An inspection prior to the burial of any underground drainage structure to ensure appropriate materials and installation.

(3)

Final. A final inspection after all work has been completed, including installation of all stormwater management system facilities, to ensure compliance with the county's approved plan. After inspecting the work, a county representative shall approve it or notify the applicant in writing of any failure to comply with requirements of the approved plan. Any portion of the work which does not comply shall be corrected by the applicant before final county authorization for use is issued. Failure to complete or correct the work as notified is subject to the penalty provisions of the LDC.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

(a)

General. Stormwater management plans for subdivisions shall be developed in compliance with the additional subdivision requirements of this section and the DSM chapter 1, stormwater article.

(b)

Outfall. The developer shall prepare any necessary agreements or easements for disposition of stormwater beyond the limits of the subdivision and shall attempt to acquire necessary rights of easements. The county may assist in the acquisition of such easements when it is in the public interest and where governmental action is necessary for the proper disposition of water, and the developer advances all costs and expenses incurred by the county.

(c)

Detention/retention without positive outfall. See DSM chapter 1, stormwater quantity (attenuation) section.

(d)

Subdrains, subsoil drains, and trench drains. Subdrains, subsoil drains, and trench drains shall be required where soil and water conditions warrant.

(e)

Public dedication. Consistent with the provisions of article 3 of this chapter, a subdivision's stormwater management system cannot be dedicated for county ownership and maintenance without the concurrent public dedication of the subdivision streets. Additionally, a subdivision stormwater management system constructed for public ownership and maintenance shall comply with the following:

(1)

Completed permitting. All required permitting of the system from applicable local, state, and federal agencies shall be complete and documented with the county, or proof of exemption shall be provided.

(2)

Detention/retention structures. The system detention and retention/detention structures shall provide side slopes, stabilization, and access as per the DSM.

Screening. Ponds shall be screened from view from the right-of-way with shrubs and/or other natural barriers within a minimum ten-foot-wide strip between the right-of-way and the pond. The county engineer may reduce the width if it is not feasible to provide in a sound engineering design. The screening may be eliminated if the pond is designed with specific amenity characteristics to be viewed.

(3)

Plat or deed. The stormwater system lands shall be dedicated to the county, or the county shall be provided with a warranty deed to the parcels involved. The plat or deed shall be approved for recording by the BCC prior to the acceptance of the stormwater management system for county maintenance.

(4)

Municipal services benefit unit. An ordinance creating a municipal services benefit unit (MSBU) to fund future county maintenance and operational expenses for the stormwater pond and related improvements shall be enacted by the BCC according to the stormwater pond MSBU provisions of chapter 70, local public improvements, part I, Escambia County Code of Ordinances.

(f)

Hold harmless agreement. If the stormwater management system (and streets) will remain in private ownership and the site has no positive drainage outfall, the developer shall either execute, on his behalf and on behalf of any landowners within the subdivision who are ultimately to have ownership of the stormwater management system, a hold harmless agreement with each downstream, impacted property owner(s). The agreement holds the landowners harmless from the effects of any waters that may flow onto the downstream property(ies), or construct a drainage system in accordance with article 1-1.2 as related to areas with no positive drainage outfall, and such other provisions as the county may require. For public subdivisions that have drainage outfall to private property(ies), the county engineer or designee shall require a hold harmless agreement with each downstream impacted property owner(s), that will hold the county, its officers, and employees, harmless from any damages to persons or property that may result from the authorized stormwater management system.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-5, § 1, 2-1-2018)

(a)

Artificial lakes and ponds. Artificial (man-made) lakes and ponds constructed for recreational, aesthetic or other purposes not primarily for stormwater management shall nevertheless comply with all applicable standards for wet detention structures. They shall be permitted through the county if the total volume of the artificial pond is greater than 500 cubic yards. Additionally, the following standards apply:

(1)

Side slopes. The bank slopes of artificial lakes and ponds shall be constructed according to the following standards:

a.

Low slopes. For bank slopes of 6:1 (horizontal to vertical) or flatter, permanent slope protection or seawalls are not required. All disturbed areas must be stabilized with sod.

b.

Moderate slopes. For bank slopes steeper than 6:1 but flatter than 2:1, the entire bank slope from the design water surface to a point that is three feet beyond the berm line shall be sodded in a manner to guarantee a healthy growth of pangola, bahia, bermuda, centipede, or other suitable grasses. Slopes steeper than 2:1 shall not be permitted.

(2)

Dammed watercourse. The damming of a watercourse shall not be permitted if the planning official, in consultation with the county engineer, determines that the volume of water in the impoundment area would be such that a breach of the control structure would pose a serious threat to life or property downstream. Any proposal to dam a watercourse shall include the following documentation for county review, certified by a Florida-registered professional engineer in accordance with standard engineering practice:

a.

Site plan. A site plan showing the area, depth, and volume of maximum impoundment.

b.

Construction drawings. Construction drawings of the control structure indicating the maximum load specifications.

c.

Operational plan. A plan for regulating the control structure such that the maximum area of impoundment and other design specifications are not exceeded. The plan shall also provide for restoring and maintaining the stream's flow at preconstruction rates.

d.

Capacity maintenance. A hydrologic and hydraulic analysis assuring maintenance of flood-carrying capacity within the altered watercourse and compliance with all other applicable floodplain management provisions in chapter 4.

(3)

Excavated soil. Soil may be excavated and exported from the construction site of a lake or pond in compliance with the conditions of county approval, but any soil retained on site shall be graded and stabilized according to the erosion and sediment control provisions of this article.

(4)

Construction traffic. Construction traffic shall access the site by collector or arterial streets, but where such streets are not available; the county shall approve other routes for use during the period of the permit. All public streets shall be kept free of dirt, dust, and damage from construction vehicles.

(5)

Construction time. Construction time shall be limited by the conditions of county approval, but in no case shall it be longer than 180 days from the date of approval.

(6)

Management and care. Upon completion of construction, the property owner shall be responsible for the care and management of the lake or pond consistent with best practices. Piers, docks, and other structures in, on, or over the water shall be permitted as required by the Florida Building Code.

(b)

Canals. All canals shall be excavated to a width and depth sufficient to eliminate interruption to navigation or drainage that may result from minor shoaling caused by bank erosion. Canal bank slopes shall comply with the slope requirements for lakes and ponds.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2018-5, § 1, 2-1-2018)

This article establishes land development standards for streets as well as access to and from streets that implement level-of-service and other comprehensive plan policies requiring development to properly address its transportation impacts. It is the intent of these standards to provide safe, convenient, efficient, and cost-effective travel ways for motor vehicles, bicycles, and pedestrians for the movement of people, goods, and services.

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

(a)

Approval required. The design and construction of streets and driveways requires prior county review and approval for compliance with the standards of this article, unless such travel and access ways are specifically identified in the LDC as exempt from these standards.

(b)

Minimum design standards. All streets and driveways shall be designed and constructed according to the design standards in the most recent edition of A Policy on Geometric Design of Highways and Streets, American Association of State Highway Transportation Officials (AASHTO), the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook"), Florida Department of Transportation (FDOT), Public Rights-of-Way Accessibility Guidelines, United States Access Board; Florida Accessibility Code for Building Construction; and the General Paving and Drainage Technical Specifications of Escambia County. All traffic control devices shall be designed and installed according to the most recent editions of the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, and Roadway and Traffic Design Standards, FDOT. Where any of these standards are in conflict, the more restrictive requirement or the one imposing the higher standard shall prevail unless otherwise specifically allowed by the county engineer.

(c)

Modification of standards. Variances to the strict application of the standards of this article are not available from the planning official, BOA or SRIA. Where the provisions of this article specifically allow, the county engineer has discretion within the accepted standards of engineering practice to allow modifications that maintain the stated purposes of the article.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

(a)

General layout. The layout of streets, including private streets, shall be in general conformance with a plan that is most advantageous for the development of adjoining lands. See DSM for details.

(b)

Connectivity.

(1)

Extension to boundary. See DSM chapter 1, roadway design, street layout section for details.

(2)

Large-scale development. Developments with a proposed density of three or more dwelling units per developable acre and over 300 lots shall provide a highly interconnected system of complete streets/pathways (for pedestrians(sidewalks), bicycles, and motor vehicles) to promote the reduction of automobile use, trips, and trip lengths.

(3)

Subdivisions. Connection to undeveloped property. See DSM chapter 1, roadway design, street layout section.

(c)

Ingress and egress. See DSM chapter 1, transportation article for details.

(d)

Cul-de-sacs. See DSM chapter 1, roadway design, street layout section for details.

(e)

Right-of-way widths. Right-of-way widths shall be provided as indicated in the DSM chapter 1, roadway design, minimum right-of-way widths section. The DSM shall detail right-of-way widths as it relates to arterials, collectors, local streets, turning circles, alleys, and partial widths.

(1)

Programmed widening. If a tract to be subdivided abuts any part of an arterial or collector street and the street is contained in an adopted capital improvement plan of the state or county and has a programmed widening by the state or county, the part of the public right-of-way necessary to comply with that programmed plan shall be set aside by the developer for dedication, unless the county chooses to negotiate mitigation measures, as requested by the developer.

(2)

Non-standard right-of-way donation. If a tract to be developed abuts any part of an arterial collector or local street (not meeting section 7 criteria) that does not meet the minimum ROW requirements, the developer shall set aside 50 percent of right-of-way necessary to comply with county ROW requirements.

(f)

Pavement widths. Details regarding pavements widths as it relates to local streets, turning circles, and alleys are provided in the DSM chapter 1, roadway design, minimum pavement widths section.

(g)

Intersections. The DSM provides criteria for intersection design, which contains specific requirements for angles, radii, visual clearance, and offsets. See DSM chapter 1, roadway design, intersections section.

(h)

Design speed. Local streets shall be designed with a minimum design speed of 15 miles per hour (mph). Residential subdivision streets that service the cumulative development of 100 lots or more shall be designed with a minimum design speed of 20 mph.

(i)

Crown elevation. See DSM chapter 1, roadway design, roadway elevations section for details.

(j)

Bridges.

(1)

Design and construction. Bridges shall be designed and constructed according to the latest editions and revisions of AASHTO LRFD Bridge Design Specifications (load-and-resistance factor design), FDOT Structures Design Guidelines and any approved interim specifications, and the FDOT "Florida Greenbook."

(2)

Public. All public bridges shall be built with a minimum of 20 feet between abutments.

(3)

Inspection. Each bridge dedicated to the public shall be inspected by the FDOT, according to the National Bridge Inspection Standards (NBIS), 23 U.S.C. 151, and F.S. § 335.074).

(k)

Dedication. Consistent with the provisions of article 3 of this chapter, subdivision streets cannot be dedicated for county ownership and maintenance without the concurrent public dedication of the subdivision stormwater management system.

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

(a)

General. Vehicular access to an adjoining public street shall be accomplished by means of an improved access facility, such as a driveway or private street, designed and controlled to provide safe and convenient access to the street. Neither unimproved nor unrestricted access is permitted. Site access shall comply with the standards of this section to accommodate vehicles and pedestrians as well as to provide traffic control. Unless otherwise specifically provided, the standards of this section do not apply to driveways for single-family dwellings.

(b)

County requirements. There is no intent to conflict with or duplicate state highway access permitting, but connections to the state highway system will be evaluated during LDC compliance review for consistency with county requirements.

(c)

Visual clearance. See DSM chapter 1, roadway design, intersections section for details.

(d)

Access location. Driveways proposed to access a street shall either be aligned with, or offset from, existing and planned driveways, median openings, and streets on the same and/or opposite sides of the street to be accessed. See DSM chapter 1, roadway design, access location for more details.

(e)

Driveway paving. Driveways that connect to a paved street shall be paved to the right-of-way.

(f)

Internal access. Proposed development along arterial or collector streets shall provide access routes within the development for all uses such that a return to the arterial or collector street is not necessary to access another use within the development.

(g)

Multiple street frontages. When a lot or parcel is located at a street intersection or otherwise fronts more than one street, vehicle access for all uses on the lot, including single-family dwellings, may be limited to the roadway with the lowest traffic volume, least operational impact, or lowest functional classification, provided that the restriction is consistent with existing FDOT standards. Potential traffic impacts to residential neighborhoods shall be considered when applying this restriction. Non-access easements may be required on site plans and plats to implement this restriction.

(h)

Modification of existing access.

(1)

Unused access. See DSM chapter 1, access management, modification of existing access section for details.

(2)

Additions. See DSM chapter 1, access management, modification of existing access section for details.

(3)

Change of use. See DSM chapter 1, access management, modification of existing access section for details.

(i)

Commercial traffic in residential areas. See DSM chapter 1, access management, commercial traffic in residential areas section for details regarding proposed zoning districts.

(j)

Fire department access. Fire department access shall be provided and maintained for every use according to the current standards of the National Fire Protection Association (NFPA) as administered by the Escambia County Fire Marshal.

(k)

Cross-access easements. All new commercial developments along roadways with an approved access management plan shall provide cross-access easements and connections to adjoining commercial properties.

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

(a)

Controls required. Site plans, subdivision construction plans, and other development approvals shall require the reasonable placement of traffic control signs, pavement markings, traffic signals, and other traffic control devices along any street, at any driveway, or within any development, as detailed by the DSM.

(b)

Traffic signals. DSM chapter 1, access management, traffic control section contains information regarding the assignment of responsibility for traffic signals. The DSM also contains including provisions for signal study, construction costs' responsibility, and optional signal criteria.

(c)

Turn restrictions. See DSM chapter 1, access management, traffic control section for details.

(d)

Median openings. See DSM chapter 1, access management, traffic control section for details.

(e)

Turn lanes. The developer shall perform a turn lane analysis on a county roadway to serve a development that generates 50 vehicle trips or greater during any peak hour. Trip generation figures for the development shall be determined by the Institute for Transportation Engineers Trip Generation Manual (ITE-TGM). Turn lanes and required supporting right-of-way shall be provided by the developer at no cost to the county and meet all county standards. Turn lane criteria is in DSM chapter 1, article 2-2.3. If a county roadway, serving a development, is included in the county's capital improvement program or the Florida-Alabama Transportation Planning Organization Corridor Management Plans, the improvements indicated in such plans shall be provided by the developer.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

Sidewalks and bikeways will be installed in conformance with current ADA standards and all applicable guidelines (to include, but not be limited to, the latest editions of the FDOT transit facilities guidelines and FDOT roadway standard specifications). This is to support adopted bicycle and pedestrian plan routes and/or applicable grant programs to provide connectivity with existing sidewalks or as required by Florida Department of Transportation (FDOT).

(1)

Sidewalks.

a.

Site frontage. Sidewalks along the site frontage of a development site parcel are required as indicated in the DSM for all applicable commercial and residential developments. Sidewalks will be installed in conformance with current ADA standards and all applicable guidelines (to include, but not be limited to, the latest editions of the FDOT transit facilities guidelines and FDOT roadway standard specifications) and shall be constructed according to conditions specified in the DSM chapter 1, access management, pedestrian access section. The developer has the option to either build the required sidewalk along the affected parcel frontage or contribute funds to the county for construction at a later date at the county's discretion (at the developer's request). Contributed funds shall be based on the county's latest pricing agreement.

b.

Transit stop. For any development with an entrance located 200 feet (immediately adjacent) of an existing and fixed transit stop, a sidewalk must be constructed (within the existing ROW) from the entrance of the development to the existing and fixed transit stop. The newly constructed sidewalk will be installed in conformance with current ADA standards and all applicable guidelines (to include but not be limited to the latest editions of the FDOT transit facilities guidelines and FDOT roadway standard specifications). In addition, to meet ADA standards, the sidewalk must be connected to any existing/planned sidewalks within the development.

(2)

Bikeways. See DSM chapter 1, access management, pedestrian access section for details.

(3)

Repair. See DSM chapter 1, access management, pedestrian access section for details.

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

This article establishes land development standards for off-street vehicle parking and loading that implement comprehensive plan policies requiring development to provide safe and convenient on-site vehicle circulation and sufficient parking to accommodate the demand that it creates. It is the intent of these standards to avoid congestion on surrounding streets and promote the safety and mobility of pedestrians, bicycles, and motor vehicles.

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

(a)

Approval required. Any land use or development activity that establishes or increases a variable that is determinative of vehicle parking demand (e.g., floor area, dwelling units, seats, etc.) requires prior county review and approval for compliance with the standards of this article unless the use or activity is specifically identified in the LDC as exempt from these standards. The standards apply to both ground-level parking and multi-level parking structures.

(b)

Minimum design standards. All parking and loading shall be designed and constructed according to the design standards in the most recent editions of A Policy on Geometric Design of Highways and Streets, American Association of State Highway Transportation Officials (AASHTO); the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways ("Florida Greenbook"), Florida Department of Transportation (FDOT); Public Rights-of-Way Accessibility Guidelines, United States Access Board; Florida Accessibility Code for Building Construction; and the General Paving and Drainage Technical Specifications of Escambia County. All traffic control devices shall be designed and installed according to the most recent editions of the Manual on Uniform Traffic Control Devices, U.S. Department of Transportation, and Roadway and Traffic Design Standards, FDOT. Where any of these standards are in conflict, the more restrictive requirement or the one imposing the higher standard shall prevail unless otherwise specifically allowed by the county engineer.

(c)

Variances. Variances to the strict application of the parking and loading standards of this article are not available from the planning official, BOA, or SRIA. Minor variances that are of mutual benefit to the public and the applicant and are within accepted standards of engineering practice are evaluated by the county engineer to allow modifications that maintain the stated purpose of the article.

(d)

Handicap spaces. Handicap parking spaces shall be provided for uses as part of the total number of off-street spaces required by this article according to the latest edition of the Florida Accessibility Code for Building Construction. Handicap parking is not eligible for any modifications that are not otherwise allowed in the prevailing accessibility standards.

(e)

Use of required areas. Required off-street parking and loading areas are to be used solely for the parking of licensed motor vehicles in operating condition. Only spaces in excess of the spaces required by this article may be used for display or storage and only in compliance with the provisions of chapter 4.

(f)

Tree preservation. The number of required parking spaces may be reduced as necessary to more effectively preserve protected trees.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

See DSM chapter 1, parking and loading - parking demand section for details regarding the determination of the number of parking spaces for development. Other details regarding parking include computation of parking spaces, information regarding increase and reduction of parking spaces, and computation of parking spaces for unlisted uses. Furthermore, ineligible spaces details are also provided in the DSM.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

General. The design and arrangement of parking stalls and drive aisles shall comply with the standards provided in the DSM, except that parking for single-family and two-family dwellings need only comply with the minimum stall dimensions. In addition, criteria and guidelines regarding turnarounds, encroachment, delineation, traffic control, pedestrian entrances, surface materials, and drive-through stacking will be provided in the DSM.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-30, § 1(Exh. A), 8-4-2016)

Items regarding off-site and joint-use parking are contained with the DSM chapter 1, off-site and joint use parking section.

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

See DSM chapter 1, parking and loading, loading and unloading section for details.

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

This article establishes land development standards for landscaping that implement comprehensive plan policies requiring development to apply professional practices for landscaping and tree protection. It is the intent of these standards to promote the environmental and community benefits of a healthy, diverse, and well managed urban forest. More specifically, this article is intended to accomplish the following:

(1)

Improve the appearance, character, and value of developed lands through landscaping that enhances, shades, screens, and buffers the built elements and that appropriately includes and preserves existing trees.

(2)

Require that the type, quality, and installation of trees and other vegetation planted to fulfill county landscaping requirements prevent the unnatural decline of trees by requiring effective measures to protect them from damaging acts or practices, especially during site development, and establishing penalties to discourage violations.

(3)

Allow and encourage the appropriate removal of trees through an objective criterion-based review but compensate for the lost benefits of removed healthy trees by requiring sufficient replacement planting of quality trees.

(4)

Emphasize the use of native species for reduced irrigation needs and improved plant establishment, survival, and vitality.

(5)

Increase the diversity of age and species among trees for long-term urban forest health and stability and increase the proportion of wind-resistant trees to make future storms less devastating.

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

(a)

Approval required. All land uses and development activities require prior county review and approval for compliance with the standards of this article, unless the use or activity is specifically identified in the LDC as exempt from these standards. These standards are in addition to any required vegetative control of erosion and sediment from land disturbance or landscaping required by any other conditions of county approval.

(b)

Exemptions. The following uses are exempt from the general landscaping provisions of this article, but in no case do the exemptions apply to any required vegetative control of erosion and sediment, required tree replacement, or landscaping required by any special condition of county approval:

(1)

Residential lots. The improvements in a single-family residential subdivision and any lot of a single-family or two-family dwelling. Developers of residential subdivisions, in coordination with homebuilders, are nonetheless encouraged to provide shade trees along streets and elsewhere within subdivisions consistent with the plant selection and installation standards of this article for the benefit of residents. Except as described in DSM chapter 2, section 2-1(e), protected trees.

(2)

Agriculture and silviculture. Bona fide agricultural or silvicultural operations on land classified by the Escambia County Property Appraiser as "agricultural" for ad valorem tax purposes.

(3)

State or federal conflicts. Any use for which county landscaping requirements conflict with the requirements of state or federal authorizations, except that the exemption shall only be for those modifications of county requirements necessary to eliminate the conflict.

(4)

Temporary uses. Any temporary use as defined in LDC chapter 4.

(5)

Playing fields. Areas authorized through county approval for public or private parks, playgrounds, playing fields, or golf courses that will be retained in pervious ground cover. The sites of parking lots, community centers, clubhouses and other structures or uses accessory to such parks, grounds, fields, or courses remain subject to applicable landscape requirements.

(c)

Disclaimer. Nothing in this article shall be understood to impose any liability for damages or a duty of care or maintenance upon the county or any of its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or other plant on his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision along any street or public place.

(d)

Landscape plans. Prior to any county authorization of land development requiring site landscaping, a landscape plan shall adequately document compliance with all applicable landscaping standards of this article and the DSM chapter 2, landscaping article. The plan shall include all calculations, dimensions, notes, and details necessary to describe the landscape elements and their relation to the site boundary and site improvements. Any landscaping proposed solely at the owner's discretion shall be distinguished from that required by the county. Additionally, the plan shall include owner notification of the responsibility for the establishment of newly planted trees and shrubs and the continuing obligation of maintenance of all landscape elements.

(e)

Landscape design. Site landscape design shall evidence consideration of existing protected trees, site soils, including plants adaptable to site conditions and practical use of turf grass. Established trees and other areas of vegetation shall be incorporated where it is practical to lower the adverse impacts of development, including the need for irrigation. If adequate on-site vegetation does not exist or cannot be preserved to meet minimum landscape requirements, plants shall be selected and installed according to the provisions of this article. The assistance of a landscape professional in planning and design is encouraged.

(f)

Tree types. The DSM chapter 2, tree removal and replacement section establishes the standards for a tree determination, including the criteria for the understory, canopy, evergreen trees, and deciduous plants.

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

See DSM chapter 2, landscape areas and quantities section for details regarding landscape areas and quantities.

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

(a)

General. Tree protection and preservation requires reasonable assurance through the application of professional arboriculture standards that a healthy tree will remain so. Adverse changes in natural site conditions are often unavoidable, but the provisions of this section consolidate and simplify standards needed to achieve meaningful tree protection and preservation within the development. The DSM chapter 2, tree protection and preservation section establishes the provisions for the tree approval, prohibited acts, tree preservation, and tree protection areas.

(b)

Violations. All applicable tree protection and preservation standards of this article shall be documented on county-approved development plans. Failure to comply with such standards will subject the development to site inspection failures, code enforcement citations and penalties. All penalties resulting from the enforcement of the provisions of this article shall be deposited in the tree restoration fund in the same manner and for the same purposes prescribed for unplanted mitigation.

Regardless of the association with any proposed or approved development, complaints of violation of the standards of this article will be investigated by county code enforcement officials who have the authority and responsibility to enforce the provisions of the LDC through the issuance of written citations according to the provisions of chapter 30, code enforcement, part I, Escambia County Code of Ordinances.

(1)

Tree removal. The penalty for the unauthorized removal of a protected tree, including its effective removal by irreparable injury causing an unnatural decline, shall be the cost necessary to replace the total tree trunk diameter (DBH) inches removed with the same total caliper inches of standard replacement trees according to the current adopted fee schedule. Where the actual DBH of the removed tree cannot be directly measured, county officials may estimate the size from any tree remains, photographs, or other reliable evidence. Additionally, if a standard arboricultural assessment of the pre-removal tree conditions warrants, county officials may reduce the penalty accordingly but to no less than the fee schedule cost of one standard replacement tree.

(2)

Tree damage. If a protected tree has sustained irreparable damage to its normal growth character by topping, "hat racking," or other pruning exceeding 30 percent of total canopy, the fine may be based on the total caliper inches of limbs removed, up to the trunk diameter (DBH) and full tree replacement may be required. If a standard arboricultural assessment of the pre-damage tree conditions warrants, county officials may reduce the penalty accordingly.

(3)

Protection barriers. The penalty for the failure to install or maintain one or more tree protection barriers required by county development approval shall be the cost of one standard replacement tree according to the current adopted fee schedule. Subsequent citations on the same site for failure to install or maintain the required barriers shall be the cost of a standard replacement tree for each uninstalled or unmaintained barrier.

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

The DSM chapter 2, tree inventory and assessment section contains provisions for any land use or development activity application required to inventory on-site protected trees. If no protected trees exist on the site, that condition shall be identified in the application documents.

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

General. Existing healthy trees shall be preserved to the greatest extent practical to sustain an age-diverse urban forest and to minimize tree canopy cover losses.

Removal of protected trees shall be avoided when possible and shall be minimized and mitigated when unavoidable. The provisions for the removal criteria are provided in the DSM chapter 2, tree removal and replacement, removal criteria section.

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

(a)

Appropriate selection of landscaping plants is essential for long-term survival and allows their buffering, aesthetic, erosion control, mitigation, and other benefits to be realized as early as practical. Planting a variety of trees and shrubs helps maintain a diverse urban forest. The DSM chapter 2, plant selection, installation, and irrigation section containing provisions in the selection criteria for the provisions of quality, species, trees, and other landscape vegetation.

Irrigation systems are encouraged, as they are reliable components of plant maintenance, especially during critical periods of establishment after planting.

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

This article establishes land development standards for outdoor signs as required by the comprehensive plan. The purpose is to provide reasonable, content-neutral, nondiscriminatory sign regulation through time, place, and manner of use. It is the intent of these standards to protect and enhance the economic vitality and physical appearance of the county as a place to live, vacation, and conduct business. More specifically, this article is intended to:

(1)

Enable the proper scale, quantity, period, and placement of signs to effectively promote commerce, to identify places of residence and business, and to orient, direct, and inform the public.

(2)

Require that signs be adequately designed and constructed, and be removed when unauthorized or inadequately maintained, to protect the public from conditions of blight and the dangers of unsafe signs.

(3)

Lessen visual confusion and hazards caused by improper height, placement, illumination, or animation of signs, and assure that signs do not obstruct the view of vehicles and pedestrians traveling public streets or create nuisance conditions.

(4)

Preserve and protect the unique natural and scenic character of Pensacola Beach, Perdido Key, and other designated scenic areas of the county.

(5)

Protect the interests of sign owners in continuing to use lawfully established and maintained signs while providing the community with a gradual remedy for existing undesirable conditions resulting from nonconforming signs.

(6)

Identify the established processes for compliance review, approval and permitting of signs, the exemptions from that permitting, and the available processes to request variances to sign standards.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

(a)

Sign and sign face defined. For the purposes of this article, a sign is any object, device, display, or structure, or part thereof, which is positioned and used to advertise, identify, announce, direct or attract attention, or otherwise visually communicate a message outdoors using words, letters, numbers, emblems, figures, symbols, pictures, or other message elements. Any surface which displays such elements is a sign face.

(b)

Permits required.

(1)

General requirement. Unless specifically authorized in this article by an exemption from permitting, no person shall place, post, display, construct, alter, or relocate any sign without having first obtained all necessary permits through county review and approval for compliance with the standards of this article and other applicable code provisions. The review and approval process shall be as prescribed in chapter 2. Regardless of any exemption from county permitting, all signs remain subject to article standards of design, construction, placement, and maintenance.

(2)

Pensacola Beach requirements. As prescribed within the established written procedures of the Santa Rosa Island Authority (SRIA), signs located on Pensacola Beach may require the authorization of SRIA staff, the architectural and environmental committee (AEC) of the SRIA, or the SRIA board prior to county approval.

(c)

Nonconforming signs. Lawfully established and maintained signs that no longer comply with one or more current requirements of the LDC may continue as nonconforming signs in use as prescribed in this section and article 2 of chapter 1, but the expansion of any nonconformance is prohibited.

(1)

Relocation. If a nonconforming sign is relocated for any reason, the sign shall be brought fully into compliance with the standards of this article, regardless of any estimated cost to replace the sign at its former location.

(2)

Substantial expenses. When the restoration of any removed, destroyed, or damaged nonconforming sign would constitute an expense of more than 50 percent of the replacement cost of the sign as documented by a licensed sign contractor, the restored sign shall fully comply with the standards of this article. Similarly, within a calendar year, when any alteration to or maintenance on a nonconforming sign would constitute an expense of more than 50 percent of the sign's replacement cost, the sign shall be brought fully into compliance with article standards.

(3)

Non-substantial expenses. Any alteration, repair, or maintenance to a nonconforming sign within a calendar year that would constitute an expense of 50 percent or less of the replacement cost of the sign shall comply with the following conditions for continuing sign nonconformance:

a.

Repairs and maintenance. Repairs and maintenance shall be performed as necessary to maintain all nonconforming signs in good repair and safe condition, as they were originally authorized and without modifying their nonconformance. Any such work is exempt from sign permits, but may require building permits to ensure compliance with the state building code.

b.

Alterations. Generally, no alterations other than sign face replacement shall be made to a nonconforming sign if any nonconformance of the sign or supporting structure would remain. However, alterations to sign area, including necessary modifications to supporting cabinets and frames, may be authorized by permit for a freestanding sign of nonconforming height if the alterations comply with all the following conditions:

1.

The quantity of freestanding signs on the same parcel is, or is made to be, conforming.

2.

The resulting sign height is no greater.

3.

The new sign area is no greater than the old sign area or the current standard's maximum area, whichever is less.

(d)

Variances. Variances to the strict application of the sign quantity, area, height, and sign-to-sign separation standards of this article are available, but only for signs that require county permitting (non-exempt signs). Variances may be granted according to the applicable variance conditions and review processes prescribed in article 6 of chapter 2. All such modifications shall maintain the stated purposes of this article and demonstrate the following additional technical conditions:

(1)

Impairment. The effectiveness of signage that complies with the standards of this article is materially impaired and cannot be sufficiently corrected with reasonable and complying changes in sign luminance (brightness), contrast, placement, or orientation.

(2)

Legibility. The sign letter weight is adequate (height to stroke width ratio no more than 5:1) and the message is limited to a reasonable number of elements to comprehend; nevertheless, signage that complies with the standards of this article cannot provide its primary audience (e.g., passing vehicles) with 30 feet or less of viewing distance per inch of letter height (legibility index of 30 feet/inches or less).

(e)

Owner responsibility. All property owners, and leaseholders of property on Pensacola Beach, are responsible for the proper permitting, placement, construction, and maintenance of any signs on their property. These responsibilities include compliance with all applicable provisions of the LDC and the state building code, any required state department of transportation permitting for signs along state maintained roads, and the timely elimination of temporary or inadequately maintained signs.

(f)

Overlay districts. In addition to the provisions of this article, signs shall comply with any prohibitions, limitations, or other sign standards of applicable overlay zoning districts as established in article 3 of chapter 3.

(g)

Message substitution. Except for messages required by law or ordinance, any message on an authorized sign may be substituted in whole or part for any other message. This substitution allowance is intended to prevent any inadvertent regulatory favoring of messages, but it does not create a right to increase signage or modify any other provisions of this article.

(h)

Enforcement. The standards of this article shall be enforced by county code enforcement officers as authorized in chapter 30, code enforcement, part I, Escambia County Code of Ordinances. Signs located on Pensacola Beach may also be subject to compliance inspection by the SRIA, which is authorized to summarily remove any unauthorized signs on lands under its jurisdiction. Any party or parties in violation of these standards shall be subject to notices of violation, citations, and civil penalties as prescribed in chapter 30.

(1)

Signs on public lands. Signs of any type placed on public lands, including public rights-of-way, in violation of the provisions of this article are subject to removal and disposal by code enforcement officers or other county-authorized personnel without notice or compensation. Such removal does not preclude citations or imposition of penalties for the violation.

(2)

Unsafe signs. If the condition of any authorized sign becomes unsafe in the opinion of those authorized to enforce the provisions of this article, the owner shall remove the sign or secure it in a manner complying with this article and applicable building codes within ten days after receiving written notice from the county. Where the danger is immediate, the condition shall be corrected without delay. If the unsafe condition is not corrected within ten days, the county shall be authorized to correct the condition at the owner's expense, including removal of the sign.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

For the purposes of this article, signs are defined and identified as follows and may be further characterized within the standards of the article:

(1)

Freestanding signs. A freestanding sign is any sign that stands on its own, not attached to a building or a fence, including pole signs, monument signs, and portable signs.

a.

Pole signs. A pole or pylon sign is any freestanding sign that is elevated above the adjacent grade and mounted on one or more poles, pylons, or similar vertical supports from the ground.

b.

Monument signs. A monument or ground sign is any freestanding sign with its entire base placed directly on the ground.

c.

Portable signs. A portable sign is any freestanding sign that is not permanently attached to the ground or a permanent structure, or a sign that is designed to be transported.

d.

Vehicle and trailer signs. A vehicle or trailer sign is any sign that is made portable by permanent or temporary attached to or placement in any manner on a motor vehicle or trailer.

(2)

Wall signs. A wall sign is any sign that is attached to or painted on the exterior wall of a building in such a manner that the wall is the supporting structure for the sign or forms the background surface of the sign. For the allocation of sign area and other purposes of this article, wall signs include awning, canopy, fascia, marquee, roof, and window signs, and murals, but do not include fence signs.

a.

Awning, canopy, fascia, and marquee signs. An awning, canopy, fascia, or marquee sign is any sign that is mounted or painted on, or attached to an awning, canopy, fascia, or marquee respectively, but not projecting above, below, or beyond the awning, canopy, fascia, or marquee.

b.

Roof signs. A roof sign is any sign that is mounted on the roof of a building, or wholly dependent on a building for support, and extending above the top of the wall of a flat-roofed building, above the eave line of a building with a hip, gambrel, or gable roof, or the deck line of a building with a mansard roof.

c.

Window signs. A window sign is any sign that is placed in or on a window or placed within a building in such a manner that it can be viewed through a window from the outside.

d.

Projecting signs. A projecting sign is any sign supported by a building wall and extending outward from the wall with the sign display surface perpendicular to the wall.

e.

Murals. A mural is any sign that is an original, one-of-a-kind work of visual art tiled or painted by hand directly upon the facade of a building.

(3)

Fence signs. A fence sign is any sign that is attached to or painted on a fence in such a manner that the fence is the supporting structure for the sign. For the allocation of sign area and other purposes of this article, fence signs are neither freestanding signs nor wall signs.

(4)

Changeable message signs. A changeable message sign is any sign that is designed to allow frequent changes in its displayed message. Messages may be changed through any of the following means, but a change in message does not constitute a different sign:

a.

Manual. A periodic manual change on the sign face, typically by rearrangement of letters along horizontal tracks, by replacement of printed substrates, or by redrawing, all without otherwise altering the sign.

b.

Mechanical. Different messages automatically displayed intermittently on the same sign face by mechanical means, as on the slatted face of a "tri-vision" sign that allows three different messages to revolve and appear at recurring intervals.

c.

Electronic. An electronic message display made up of internally illuminated components (e.g., LEDs) of the sign face controlled by a programmable electronic device allowing remote or automatic display of multiple messages in various formats and at varying intervals.

d.

Projection. A message display created by the projection of an image onto a building wall or other display surface from a distant device.

(5)

Temporary signs. A temporary sign is any sign that is authorized to be placed in view for a limited period of time and required to be removed from view upon expiration of the authorized time. Temporary signs include balloon, air-activated, and banner signs.

a.

Balloon signs. A balloon sign is any temporary sign that is gas-inflated.

b.

Air-activated signs. An air-activated sign is any temporary sign with one or more parts given form or animation by mechanically forced air.

c.

Banners. A banner is any temporary sign that is made of lightweight, non-rigid, and typically non-durable material such as cloth, paper, or plastic, and that is designed to be secured to a structure along two or more sides or at all corners by cords or similar means, or to be supported by stakes in the ground. A banner is not a wind sign.

(6)

Flags and other wind signs. A wind sign is any sign that is designed and fashioned to move when subjected to winds, including wind socks, wind spinners, whirligigs, and flags. A flag is any wind sign made of a continuous sheet of fabric or other flexible material, designed to be supported along one edge and typically flown from a pole or staff.

(7)

On-premises and off-premises signs. An on-premises sign is any sign that is accessory to the authorized principal use or structure on the same parcel as the sign. On-premises signs are, therefore, subordinate in extent and purpose and customarily incidental to the principal use or structure as prescribed by the supplemental use regulations in article 7 of chapter 4. Any sign that is not an on-premises sign is an off-premises sign.

(8)

Exempt and non-exempt signs. An exempt sign is any sign that is relieved by the provisions of this article from the requirement to obtain a county sign permit. Any sign that is not an exempt sign is a non-exempt sign requiring authorization by permit, but exemption does not modify the availability of non-exempt signage.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

Every sign, including those exempt from county permitting, shall be designed, constructed, placed, and maintained in compliance with the standards of this article and applicable provisions of the state building code. In addition to the provisions of this section, specific area, height, and quantity limits are prescribed in the subsequent sections of this article for both exempt and non-exempt, on-premises and off-premises signs.

(1)

Sign area. For the purposes of this article, the area of a sign is the area of the smallest regular geometric shape (rectangle, triangle, circle, etc.), or simple combination of such shapes, that forms or approximates the perimeter of all sign message elements and comprises the sign face. When a background to the message elements is defined by a frame, outline, panel, or other border, the area of the background defined by that border is the sign area. In the calculation of sign area, the planning official may exclude minor appendages beyond the regular shape of the sign area perimeter.

a.

Freestanding sign area. The area of a freestanding sign authorized by this article shall be the sum of the areas of the largest faces visible from any single direction, except as modified by the following:

1.

Exclusions. In the calculation of sign area, the base, apron, supports, and other structural members not displaying elements of a sign message are not included.

2.

Special conditions. For signs located on Pensacola Beach, and for any non-exempt off-premises signs (billboards), when two identical sign faces on the same sign structure are placed back-to-back or in a "V" configuration with an internal angle behind the faces of no more than 90 degrees, the sign area is calculated as the area of only one face.

3.

Separate signs. Sign faces having no shared support from the same structure constitute separate signs and are subject to area (and other) standards accordingly.

b.

Wall sign area. Except as provided in this article for on-premises signs located on Pensacola Beach, non-exempt wall sign area shall be authorized in proportion to the length of the exterior building wall to which the signs are attached. Similarly, wall sign area for any individual tenant space within a multi-tenant building shall be in proportion to the exterior wall length of that space.

1.

Multiple signs. Each building, or each tenant space of a multi-tenant building, may have multiple wall signs, but the total wall sign area on a building or tenant wall shall not exceed the allowance for that wall. Unused sign area on one building or tenant wall is not available to any other building or tenant wall.

2.

Sign background. The architectural features of a wall do not by themselves define the background area that must be included in the calculation of wall sign area.

3.

Window signs. The placement of window signs shall not obscure more than 30 percent of the area of the window in or on which they are placed or through which they are viewed. Additionally, window signs located on Pensacola Beach must be incorporated as part of a display of merchandise or services offered and may not be affixed to a window.

(2)

Sign height. Unless otherwise noted, freestanding sign height shall be measured from the highest adjacent grade at the base of the sign.

(3)

Sign placement. In addition to the following placement standards, signs shall maintain industry standard clearances and otherwise avoid interference with utility lines and equipment:

a.

Prior authorization. No signs shall be placed on any property without prior authorization of the property owner. Signs shall not be placed on public property, including public rights-of-way, or placed on private property in any manner that projects or extends a sign over public property, without applicable public agency authorizations and permits.

b.

Spacing. Where spacing or separation standards apply, the distance shall be measured in a straight line to the center of each sign unless otherwise noted.

c.

Conflicts. No part of any sign, exempt or non-exempt, on-premises or off-premises, temporary or permanent, shall obstruct vision on private property along a street right-of-way between three feet and nine feet above grade within ten feet of the right-of-way. Sign placement shall also comply with sight visibility standards for driveway and street intersections and avoid conflicts with protected trees, both existing and those planted to comply with county standards.

d.

Wall sign projection. Wall signs shall not project more than 24 inches from the supporting wall, or if mounted on a sloped roof surface, shall not extend above the roof line or project more than 48 inches from the roof surface.

(4)

Sign illumination. Where authorized, signs may be illuminated by internal or external artificial light sources that comply with the following standards:

a.

Luminance. Sign luminance, the light emitted by a sign or reflected from its surface, shall not be greater than necessary to reasonably allow the sign to be viewed by its primary audience (e.g., passing vehicles). Additionally, from dusk until dawn no sign may exceed a maximum luminance level of 500 candelas per square meter (cd/m ² ), regardless of the source of illumination.

b.

Source and direction. External light sources shall be directed onto sign faces and effectively shielded to prevent the direct illumination of any adjacent buildings or street rights-of-way. All externally illuminated signs located on Pensacola Beach shall be either face-lighted by spotlights or similar fixtures directing light only downward onto the sign surface, or shadow-lighted by indirect concealed light sources behind opaque sign elements, and shall make no use of exposed neon.

c.

Glare. Lighting shall not create excessive glare for pedestrians, motorists or adjacent uses, or obstruct the view of traffic control devices or signs.

d.

Marine shorelines. Along any marine shoreline, illuminated signs shall not be located on the seaward or shore-perpendicular sides of any structures, and sign lighting shall not directly, indirectly, or cumulatively illuminate the beach. Lighting along any marine shoreline is additionally limited for natural habitats as prescribed in the natural resources regulations of chapter 4.

(5)

Electronic signs. Electronic display and projected image signs shall comply with the following additional standards:

a.

Movement. Only as authorized within this article may displays and projected images include dynamic messages that appear or disappear through dissolve, fade, travel, or scroll modes, or similar transitions and frame effects; or have text, animated graphics, or images that appear to move or change in size, or are revealed sequentially. None shall flash or pulsate.

b.

Display times. Each message shall be displayed or projected a minimum of six consecutive seconds.

c.

Controls. Each sign shall include an automatic control regulating display or projection brightness in compliance with the luminance standards of this article. Additionally, ambient light monitors shall automatically adjust the brightness to ambient light conditions, and a default control shall turn off the sign or freeze the message in one position if a malfunction of normal operation occurs.

(6)

Multi-tenant signage plans. Development plans for any shopping center, office park, or other multi-tenant non-residential development shall include a master plan for the development's freestanding signage. The signage plan shall establish an adequate distribution among tenants of the total non-exempt freestanding site sign area and locations available to the development, including any assignment of electronic message area.

a.

Plan authority. Upon county approval of the signage plan, non-exempt freestanding signage for the entire development and its tenants shall be as prescribed by the plan, regardless of subsequent changes in property ownership or tenancy, unless a revised signage plan for the entire development is resubmitted by the property owner(s) and approved by the county.

b.

Plan variances. A variance to the total freestanding signage available for distribution by a signage master plan may be requested under the provisions of chapter 2, but no variance is available individually to any tenant subject to an approved plan.

(7)

General construction and maintenance. Outdoor signs and their supporting structures shall comply with the following construction and maintenance requirements:

a.

Weather resistance. Signs shall be constructed of weather resistant materials.

b.

Use of wood. Bare wood is prohibited as part of any sign face, and wood embedded in the soil as structural support for permanent signs shall be pressure treated for in-ground use.

c.

Painting. All painted signs and metal parts prone to corrosion shall be kept neatly painted.

d.

Wind hazard. Signs exempt from wind load requirements of the state building code shall, nevertheless, be sufficiently constructed and anchored to avoid the hazard of contributing to windborne debris during severe weather.

e.

Condition. All signs and sign structures, together with their supports, anchors, and electrical components, shall be maintained in good repair and safe condition to ensure sign messages are clearly legible and to avoid the blight and hazards of deteriorated signs.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

The following signs, sign locations, and sign characteristics are prohibited:

(1)

Motion, light, and sound. Any sign that moves or changes, that contains mirrors or other reflective surfaces, that produces glare, flashes or exhibits other noticeable changes in lighting intensity, or that emits visible vapors, particulates, sounds, or odors, except as specifically authorized in this article for changeable message signs.

(2)

Obscenity. Any sign displaying words, pictures, or messages that are obscene as defined by F.S. ch. 847, and in application of contemporary community standards of the county.

(3)

Obstruction and interference. Any sign constructed or maintained in any manner that endangers or obstructs any firefighting equipment or any fire escape, window, door, or other means of egress. Also, any sign that interferes with any opening required for ventilation, prevents free passage from one part of a roof to any other part, or blocks a public sidewalk or required pedestrian walkway.

(4)

On Pensacola Beach. The following additional signs or characteristics of signs located on Pensacola Beach, unless specifically authorized by the SRIA: searchlights, balloons, air-activated signs, wind signs, and similar devices or ornamentation designed for the purposes of attracting attention, promotion, or advertising; bare bulb illumination around a sign perimeter; back-lighted or plastic signs; projected image signs; signs on benches; banners; murals or other signs painted directly on fences, walls, or any exterior parts of a building; and roof signs.

(5)

Traffic hazards. Any sign that creates a traffic hazard or a detriment to pedestrian safety. Such hazards include any sign that projects into the line of sight of a traffic signal and disrupts the minimum required sight distance; any sign that obstructs vision between pedestrians and vehicles using public rights-of-way; and any sign that imitates, resembles, or interferes with the effectiveness of an official traffic sign, signal, or other traffic control device.

(6)

Unauthorized. Any sign not authorized by the provisions of this article, including handbills, posters, and notices attached to trees, utility poles, park benches, or other objects and structures not designed or authorized for the attachment of signs.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

(a)

General sign exemption. Signs not visible from a public right-of-way or other public land are exempt from the requirement to obtain county sign permits. This general exemption does not apply to signs that are simply illegible. As further established in this section, additional exemptions are authorized specific to work done on signs, sign type, parcel use, and zoning. The following conditions apply to all authorized exemptions:

(1)

Remaining standards. Exempt signs shall be designed, constructed, placed, and maintained in compliance with the provisions of this article, other applicable provisions of the LDC, and the state building code.

(2)

Prevailing limits. No sign exemption supersedes or cancels any prohibitions or restrictions on the display of signs established in this article, any restrictive covenants adopted for a development, or any executed lease agreements, including those for Pensacola Beach properties requiring written authorization from the SRIA before displaying signs.

(3)

Relation to non-exempt signs. Exempt signage does not modify or limit the availability of non-exempt signage authorized in this article. Additionally, the allocations for exempt signs are separate from those for non-exempt signs, and neither shall be used to supplement the other in the authorization of an individual sign.

(b)

Sign face replacement exemption. The face of a conforming or nonconforming sign may be replaced without a permit if no other alterations are made to the sign, including modifications to the size or configuration of supporting cabinets or frames.

(c)

Sign repair and maintenance exemption. Repairs and maintenance performed as necessary to maintain conforming or nonconforming signs in good and safe condition as originally authorized is exempt from sign permits.

(d)

Sign-specific exemptions. In addition to the general and parcel-specific exemptions established in this section, the following specific signs are exempt from county sign permits with the conditions noted:

(1)

Accessory device signs. Signs manufactured as standard, permanent, and integral parts of mass-produced devices accessory to authorized non-residential uses, including vending machines, fuel pumps, and similar devices customarily used outdoors. However, outdoor vending machines on Pensacola Beach shall be effectively screened from view from public rights-of-way.

(2)

Bus stop signs. Signs located on bus stop shelters and benches if complying with county traffic safety placement requirements and limited to locations and signs approved by the Escambia County Area Transit (ECAT) for bus stops along ECAT system routes.

(3)

Cemetery monuments. Permanent monuments placed within cemeteries.

(4)

Drive-through signs. Except on Pensacola Beach, drive-through service signs, one per development parcel, a maximum 40 square feet in area and eight feet in height. Such signs shall be single-sided, located on the parcel providing the service, and adjacent to and oriented for view from the drive-through lane.

(5)

Entry and exit signs. For any parcel of an authorized multi-family or non-residential use, one freestanding on-premises sign immediately adjacent to each authorized paved vehicular access to a public street, each sign a maximum six square feet in area, three feet in height, and not a changeable message sign.

(6)

Fence signs. Signs mounted for pedestrian view on authorized fences, each sign a maximum three square feet in area (e.g., 18 inches by 24 inches) and a minimum 50 feet separating any two such signs on the same fence.

(7)

Government or public signs. Signs placed or required to be placed by agencies of county, state, or federal government, including but not limited to: traffic control signs, street address numbers, building permits, flags, notices of any court or law enforcement officer, redevelopment area gateway signs, public monuments, hazard warnings, and public information signs. These signs may deviate from the type, quantity, duration, area, color, height, placement, illumination, or other standards of this article as necessary to comply with the law, rule, ordinance, or other governmental authorization by which the signs are placed.

(8)

Integral building signs. Signs cut into masonry surfaces, inlaid, or otherwise constructed as integral and permanent parts of buildings, each sign a maximum six square feet in area; and stained-glass windows of any size.

(9)

Murals. Except on Pensacola Beach, murals on walls of authorized non-residential buildings, excluding the walls of a building's primary facade, and provided each mural is a maximum 200 square feet in area and contains no text. Murals authorized within the applicable allocation of non-exempt wall signage are not subject to these limits. Additionally, murals exceeding these size and manner of use restrictions may be approved as conditional uses by the board of adjustment according to the applicable conditions and review process prescribed in article 6 of chapter 2.

(10)

Recreational facility signs. Signs accessory to and within outdoor recreational facilities, only if oriented for view from within the facilities. Such signs include scoreboards, sponsor signs attached to the field side of playing field fences, and concession stand signs.

(11)

Temporary decorations. Temporary decorations accessory to the authorized land use and customarily associated with a short-term event, such as a holiday or a special event as defined in the temporary use provisions in article 7 of chapter 4. Except on Pensacola Beach, such decorations may include balloon and air-activated signs a maximum ten feet in height.

(12)

Vehicle and trailer signs. Signs on any motor vehicles or trailers actively in transit along public streets, and any of the following signs attached to or placed on registered, operable, and lawfully parked motor vehicles or trailers, but not including manufactured (mobile) homes or changeable message signs:

a.

Parked. Signs on a vehicle at the residence of the principal driver of the vehicle, or on a vehicle or trailer at the residence of the individual to whom the unit is registered, or signs on a vehicle or trailer parked a maximum 24 hours at any site.

b.

Maximum area. Signs a maximum six square feet in total area per vehicle or trailer side.

c.

In service. Signs on a vehicle or trailer in the service of a licensed or otherwise bonafide enterprise, and on the authorized site of that enterprise or on any site where the enterprise is actively providing its goods or services.

d.

In storage. Signs on vehicles or trailers stored within parcel areas authorized for such outdoor storage, including parcels authorized for the sale, lease, or rental of vehicles or trailers.

(13)

Wall signs. Signs mounted for pedestrian view on the walls of authorized principal and accessory buildings, each sign a maximum three square feet in area (e.g., 18 inches by 24 inches).

(14)

Wind signs.

a.

Flags. Flags accessory to the authorized land use of the parcel, and not otherwise exempt as temporary decorations, allowed in any combination of the following types with applicable limits:

1.

String flagging. Except on Pensacola Beach, string flagging accessory to an authorized multi-family or non-residential use. Each flag or pennant a maximum one square foot in area, suspended from one side along a stringer line, and in combination on the line with any number of other such flags or pennants.

2.

Blade or feather flags. Except on Pensacola Beach, pole-supported "blade" or "feather" type flags accessory to an authorized multi-family or non-residential use. Each flag a maximum three feet in width and 12 feet in height. A maximum one flag per 50 feet of parcel street frontage and three flags per frontage with any flag spacing.

3.

Other flags. Other typically pole-supported flags (e.g., U.S. flag) accessory to the authorized use and no more than two per parcel. If flown from a pole, each flag shall be proportional to its flagpole such that the hoist side is no greater than 25 percent of the height of a supporting vertical pole, or 50 percent of the length of a supporting pole projecting from a building wall. Vertical flagpoles within residential zoning districts or for single-family dwellings are limited to 25 feet in height and one per lot.

b.

Other wind signs. Wind signs, other than flags or exempt temporary decorations, accessory to any authorized single-family or two-family residence, including wind socks, wind spinners, and whirligigs.

(e)

Parcel-specific exemptions. In addition to the general and sign-specific exemptions established in this section, a separate allocation of non-illuminated freestanding signage for each development parcel is exempt from county sign permits. This parcel-specific exemption is established primarily to accommodate temporary signs of varying periods of display. Any changeable message signs as parcel-specific exemptions are limited to manually rewritable forms.

(1)

One- and two-family parcels. Each parcel whose authorized principal use or development is single-family or two-family residential, or whose zoning district is residential (RR, LDR, MDR, HDR, LDR-PK, MDR-PK, HDR-PK, LDR-PB, MDR-PB, or HDR-PB), is authorized to display freestanding signage without county sign permits, subject to the following:

a.

Quantity, area, and height. A maximum of two signs for each parcel, each sign a maximum six square feet in area (e.g., 24 inches by 36 inches) and six feet in height.

b.

Additional quantity. A third sign within the same area and height limits of the initial signs is authorized for each parcel within the agricultural, RMU, LDMU, HDMU, commercial, HC/LI, industrial, or public zoning district. Alternatively, except on Pensacola Beach, a third sign is authorized for placement along the secondary street frontage of any corner lot.

c.

Additional area. Where the parcel is within a mainland zoning district and fronts on a street having a posted speed limit of 40 mph or greater, the maximum authorized area of each sign along that frontage is doubled to 12 square feet.

d.

Portability. The sign may be portable only if accessory to an occupied residential structure on the parcel.

(2)

Multi-family and non-residential parcels. Each parcel whose authorized principal use or development is not single-family or two-family residential, and whose zoning is not residential (not RR, LDR, MDR, HDR, LDR-PK, MDR-PK, HDR-PK, LDR-PB, MDR-PB, or HDR-PB), is authorized to display freestanding signage without county sign permits, subject to the following:

a.

Quantity, area, and height. A maximum of one sign per parcel street frontage, each sign a maximum 32 square feet in area (e.g., 4 feet by 8 feet) and ten feet in height, except on Pensacola Beach where the sign area may not exceed 12 square feet.

b.

Additional quantity. Within the same area and height limits of the initial sign, a second sign is authorized for any individual street frontage greater than 200 feet, and a third sign for any frontage greater than 600 feet.

c.

Additional area. Where the parcel is within the agricultural, RMU, LDMU, HDMU, commercial, HC/LI, industrial, or public zoning district, the maximum authorized area of a sign is increased to 50 square feet.

d.

Portability. The sign may be portable only if accessory to an occupied principal structure on the parcel.

e.

Banners. Except on Pensacola Beach, each authorized sign may be displayed as a banner of the same maximum area if accessory to an authorized use. However, no banner shall be attached to a fence, exceed four feet in height if ground-mounted, or be displayed above the roof line if attached to a building.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

Temporary signs not otherwise prohibited or exempt from county permits as prescribed in the preceding sections of this article may be authorized by permits under the conditions of this section. Temporary sign permits shall specify the authorized period of use. All temporary signs remain subject to the design, construction and maintenance standards of this article. Temporary signage by permit does not modify or limit the availability of permanent signage authorized in this article unless specifically noted. The following temporary signs are subject to the permit conditions noted:

(1)

Balloon and air-activated signs. Except on Pensacola Beach, balloon signs and air-activated signs not eligible as exempt temporary decorations may be temporarily authorized by county permit for a single display period of no more than 14 days when accessory to the authorized land use. Each sign is limited to a setback of no less than the height of the sign from all rights-of-way, parcel lines, and overhead utility lines. All signs shall be adequately secured to the ground to prevent horizontal movement. Relocation for use on a different parcel shall require a new temporary permit, regardless of any remaining period of the prior authorization.

(2)

Banners. Banners not eligible as multi-family or non-residential parcel-specific exemptions may be temporarily authorized by county permit for grand openings and other short-term events. However, no banner may be attached to a fence, no ground-mounted banner shall exceed four feet in height, and no banner attached to a building shall be displayed above the roof line. Permitted banners shall be conspicuously marked with the permit number and dates of permitted use. Temporary banners are further limited by the following:

a.

On Pensacola Beach. Banners may be authorized on Pensacola Beach according to the established written policies of the SRIA only if application is made to SRIA staff a minimum of ten business days prior to the date of use. Unless otherwise authorized by the AEC for a maximum 30 days, the display of a banner is limited to a maximum 14 days.

b.

On mainland and Perdido Key. Banners may be permitted when accessory to authorized multi-family or non-residential uses within mainland or Perdido Key zoning districts, each banner a maximum 60 square feet in area. For the lot of any such use, a single permit may authorize only one banner for a maximum 30 days. Additionally, no more than two permits shall be issued for the same lot during any calendar year, but the times of authorization may coincide or differ in whole or part. A banner may also be authorized by permit to exceed the limits on area and period of use when used to temporarily cover the permanent sign of a previous tenant.

(3)

Flags on Pensacola Beach. Temporary flags on Pensacola Beach may be authorized for special events under the same conditions as banners.

(4)

Projected image signs. Except on Perdido Key and Pensacola Beach, projected image signs may be temporarily authorized for a period of up to 30 days by county permit as on-premises signs accessory to an authorized non-residential land use. Projected images shall comply with all sign illumination standards of this article.

(5)

Vehicle and trailer signs. Except on Pensacola Beach, the parking or placement of a non-exempt vehicle or trailer sign may be temporarily authorized by county permit on the parcel of an authorized non-residential use for a maximum 60 days. The sign is limited to a maximum 100 square feet in area and ten feet in height, and shall be conspicuously marked with the permit number and dates of permitted use. Relocation for use on a different parcel shall require a new temporary permit, regardless of any remaining period of the prior authorization.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

(a)

Generally. Unless authorized in this article as temporary or exempt, on-premises signs shall comply with the provisions of this section as determined by the applicable zoning district and authorized land use.

(b)

Mainland residential, recreation, and conservation districts. On-premises non-exempt signs within mainland residential, recreation, and conservation zoning districts (RR, LDR, MDR, HDR, Rec, Con) shall comply with the following additional standards:

(1)

Residential uses. Residential subdivisions and multi-family developments are allowed up to two signs at each development entrance. Each sign is limited to a maximum 32 square feet in area and six feet in height. A multi-family development may substitute one development entrance sign for one wall sign limited to the same 32 square feet.

(2)

Non-residential uses. The principal non-residential structure on a development parcel is allowed either one freestanding sign a maximum 32 square feet in area and six feet in height, or a maximum two square feet of wall sign area per lineal foot of building frontage at grade with a minimum 20 square feet for any individual tenant frontage of a multi-tenant building.

(3)

Changeable message. Manual and mechanical changeable message signs are allowed for both residential and non-residential uses, but projected image signs are prohibited and electronic message signs are limited to static message display with instantaneous change of message. These allowed forms of changeable message may be utilized for any portion of authorized sign area.

(c)

Mainland agricultural and mixed-use districts. On-premises non-exempt signs within mainland agricultural and mixed-use zoning districts (Agr, RMU, LDMU, HDMU) shall comply with the following additional standards:

(1)

Residential uses. Residential uses are allowed the same signage as residential uses in the mainland residential districts.

(2)

Non-residential uses. Commercial subdivisions are allowed the same development entrance signage as residential subdivisions. Non-residential uses and structures within the HDMU district are allowed the same signage as those within the mainland commercial and industrial districts. Other principal non-residential structures on a development parcel are allowed the following signage:

a.

General sign allowance. Within the Agr, RMU, and LDMU districts, either one freestanding sign a maximum 32 square feet in area and six feet in height, or a maximum two square feet of wall sign area per lineal foot of building frontage at grade with a minimum 20 square feet for any individual tenant frontage of a multi-tenant building.

b.

Increased area and height. For properties fronting a collector or arterial street, the maximum area and height of a freestanding sign is increased to 50 square feet and ten feet respectively if the sign is at least 100 feet from any single-family or two-family dwelling. Maximum wall sign area is increased to 2.50 square feet per lineal foot of building frontage if the building is more than 200 feet from the public right-of-way.

(3)

Changeable message. Manual and mechanical changeable message signs are allowed for both residential and non-residential uses, but projected image signs are prohibited. For residential uses, electronic message signs are limited to static message display with instantaneous change of message. Non-residential use electronic signs are also limited to static message display, but the transition from one message to the next may occur by scroll, travel, fade, or dissolve effects completed within a maximum two seconds. These allowed forms of changeable message may be utilized for any portion of authorized sign area.

(d)

Mainland commercial, industrial, and public districts. On-premises non-exempt signs within mainland commercial, industrial, and public zoning districts (Com, HC/LI, Ind, Public) shall comply with the following additional standards:

(1)

Residential uses. Residential uses are allowed the same signage as residential uses in the mainland residential districts.

(2)

Non-residential uses. Commercial subdivisions are allowed the same development entrance signage as residential subdivisions. Other principal non-residential structures on a development parcel are allowed the following signage:

a.

Freestanding signs. Freestanding signs are limited by characteristics of the development parcel as follows:

1.

Quantity and spacing. One freestanding sign structure is allowed per individual parcel street frontage and one additional structure for each full acre in development parcel size above two acres, but a maximum four sign structures are allowed regardless of frontage or acreage. The structures shall be placed no less than 200 feet from any other non-exempt sign structures on the same development parcel, excluding billboards.

2.

Area and height. A maximum one square foot of freestanding sign area is allowed per lineal foot of parcel street frontage, and a minimum total of 50 square feet is allowed for any development parcel regardless of street frontage. If the on-premises freestanding signage for an entire parcel is limited to one sign structure, the total sign area from all parcel street frontage is available to that structure, subject to area limits applicable to its location. Regardless of street frontage or number of sign structures, the maximum sign area and height for all individual freestanding signs is additionally limited by the size of the parcel and the classification of the street to which the sign structure is closest according to the following:

b.

Wall signs. A maximum 2.25 square feet of wall sign area is allowed per lineal foot of building frontage at grade. The maximum wall sign area is increased to 2.50 square feet per lineal foot for any building frontage facing an arterial or four-lane street, and is increased to 2.75 square feet per lineal foot for any building frontage more than 200 feet from the public street right-of-way. A minimum 20 square feet is allowed for any individual tenant frontage of a multi-tenant building.

(3)

Changeable message. The following forms of changeable message may be utilized for any portion of authorized sign area, except that electronic message area is limited to 50 percent of the total sign area on a single structure and to one sign on that structure:

a.

Residential and non-residential. For both residential and non-residential uses, manual and mechanical changeable message signs are allowed.

b.

Residential. For residential uses, projected image signs are prohibited and electronic message signs are limited to static message display with instantaneous change of message.

c.

Non-residential. For non-residential uses, projected image signs are allowed and electronic message signs may employ all display features and functions except flashing, pulsating, or full motion video display.

(e)

Perdido Key districts. On-premises non-exempt signs within Perdido Key zoning districts shall comply with the following additional standards:

(1)

Residential districts. Uses in the Perdido Key residential zoning districts (LDR-PK, MDR-PK, HDR-PK) are allowed the same signage as uses in the mainland residential districts.

(2)

Commercial districts. Uses in the Perdido Key commercial zoning districts (Com-PK, CC-PK, CG-PK, PR-PK) are allowed the same wall signage allowed for mainland commercial zoning districts, but only 50 percent of the freestanding sign area. The maximum area of any individual freestanding sign is 100 square feet and the minimum spacing between all non-exempt freestanding signs on the same development parcel is 300 feet.

(3)

Changeable message. Changeable message signs, excluding projected image signs, are authorized for both residential and non-residential uses, but each sign is limited to 32 square feet in area.

(f)

Pensacola Beach districts. On-premises non-exempt signs for any establishment within Pensacola Beach zoning districts may be wall signs, freestanding signs, or both and shall comply with the following additional standards:

(1)

Sign construction.

a.

Colors and logo. The colors of the main lettering and background of all signs shall be limited to the color options adopted by the SRIA, except up to one-third of a sign's area may include an establishment's logo, which may include the name or special color scheme of that establishment. Any exterior portion of a structure that deviates in color from the main part of the structure and represents the establishment's color scheme or logo is considered to be signage.

b.

Attached lettering. All permanent signs shall incorporate the use of attached lettering. The use of plywood with painted-on lettering is not permitted.

(2)

Single-family uses. Residential subdivisions for single-family detached or attached (townhouse) dwellings are allowed up to two signs at each development entrance. Each sign is limited to a maximum 32 square feet in area and six feet in height.

(3)

Multi-family and non-residential uses. Multi-family residential developments and non-residential establishments are allowed the following signage:

a.

Freestanding signs.

1.

Quantity. One freestanding sign is allowed per master lease agreement or multi-tenant development.

2.

Area and height. Total freestanding sign area on a single structure shall not exceed 65 square feet. Signs are encouraged to be low and horizontal in character. The top and bottom of a freestanding sign shall not exceed 14 feet and six feet, respectively, above the crown of the nearest street. However, establishments whose principal structures are 750 feet or more from the street right-of-way may have freestanding signs up to 18 feet high.

3.

Placement. Freestanding signs shall be placed within or directly adjacent to a landscaped area which shall not be smaller than the face area of the sign itself.

4.

Portable signs. Portable signs are limited to temporary A-frame or sandwich board signs, which shall be permitted subject to the established written policies of the SRIA.

b.

Wall signs.

1.

Area and quantity. The maximum area allocated to all wall signs on a building shall not exceed ten percent of the building wall surface area facing the addressed street, except that buildings with more than one street front may have wall sign area up to 15 percent of the wall surface facing the addressed street. The wall surface area from which sign area is determined may include the roof surface when its slope is steeper than 45 degrees. The available wall sign area may be allocated to one or more wall signs mounted on a vertical wall surface, but no individual wall sign shall exceed 200 square feet, and within any multi-tenant development, each tenant is limited to 16 square feet regardless of the building total.

2.

Lighted canopies. Lighted canopies displaying the name of the establishment require a color rendering of the proposed canopy, including dimensions of the canopy and the building to which it will be attached, to be presented for approval according to the established written policies of the SRIA.

3.

Window signs. Interior electric signs used as window signs are limited to a total of six square feet per establishment.

c.

Changeable message. Changeable message signs, excluding projected image signs, are allowed if incorporated into the main sign and limited to no more than one-third of its area.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

Unless authorized in this article as temporary or exempt, an off-premises sign shall be regulated as a billboard and comply with the additional provisions of this section. The placement of a billboard does not require a minimum lot area or the presence of a principal structure on the site, but shall be subject to the following limitations:

(1)

Maximum number. The maximum number of permitted billboard structures within the county is limited to the number existing or having received county approval as of December 12, 2001, and those additional structures allowed for replacement of billboard structures removed along scenic highways as provided in this section.

(2)

New billboards. A building permit for the construction of a new billboard structure may only be issued after the removal of an existing billboard structure is confirmed. Confirmation may be in the form of a photograph submitted by the applicant or a site inspection by county personnel. Upon removal confirmation a certificate shall be issued to the owner of the removed structure who may redeem the certificate for a building permit to construct a new billboard structure, hold it for future redemption, or convey it to a third party for redemption.

(3)

Removal along scenic highways. Notwithstanding the maximum number of permitted billboards, the removal of an existing billboard structure along an officially designated scenic highway will entitle the owner of the removed billboard to purchase building permits for construction of two new billboard structures at other locations complying with the provisions of this article.

(4)

Area and height. The maximum sign area and height for an individual billboard structure is limited by the classification of the street to which the sign structure is closest according to the following:

(5)

Placement.

a.

Zoning. Billboards are prohibited within all residential, Perdido Key, and Pensacola Beach zoning districts, and within all areas zoned gateway business district (GBD), gateway mixed use district (GMD), gateway industrial district (GID), or industrial commerce park district (ID-CP) prior to adoption of any mainland commercial (C), heavy commercial and light industrial (HC/LI), or industrial (I) zoning.

b.

Proximity to residential. In addition to the prohibition within residential zoning districts, no billboard shall be located within 100 feet of any residentially zoned (RR, LDR, MDR, HDR) property as measured along a right-of-way. The distance shall be measured from a point where a horizontal line extending from the billboard is perpendicular to the right-of-way, to the point of intersection of the residential district boundary with the right-of-way.

c.

Right-of-way setback. The minimum setback of a billboard from a public street right-of-way is 15 feet to the nearest edge of the sign.

d.

Spacing. The distance between billboard structures on the same side of any street other than an interstate shall be no less than 1,000 feet. The distance for billboards adjacent to and facing the same side of an interstate highway shall be no less than 2,000 feet. Additionally, no billboard structure may be located adjacent to or within 500 feet of an interchange or rest area as measured along the interstate from the beginning or ending of pavement widening at the exit from or entrance to the main travel way.

e.

Scenic roadways. No part of a billboard shall be visible from or located within 500 feet of the right-of-way of any scenic roadway designated in the county comprehensive plan, specifically including Scenic Highway (SR 10A), Perdido Key Drive (SR 292), and any scenic highway designated by the state.

f.

Conflicting locations. Permits for billboards are generally issued on a first-come, first-served basis. Where the proximity of proposed billboards requiring state permitting would only allow one to be constructed, the location first granted state approval will be first eligible for county approval.

g.

New streets. Permits for billboards along a new public street shall not be issued until the commencement of general traffic flow on the street.

(Ord. No. 2018-18, § 3(Exh. A), 4-5-2018)

This article establishes additional land development standards that implement comprehensive plan policies for minimizing the adverse impacts of development on adjoining uses and resources, and various implementing standards not otherwise provided in this chapter.

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

(a)

Noise.

(1)

Prohibitions. It shall be unlawful, except as expressly permitted herein, to make, cause, or allow the making of any noise or sound which exceeds the limits set forth in this article or the county noise ordinance within the Code of Ordinances.

(2)

Maximum permissible sound levels. No manufacturing or commercial use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth below at the time of land use certificate/site plan review, the applicant may be asked to certify the intent to meet the specified standard:

Sound Level Limits

(3)

Hours of operation.

a.

Mining, borrow pit, resource extraction, and reclamation activities (including land clearing debris disposal) that require trucks and heavy equipment to traverse through residential areas as their only access path to pit operations are limited to the hours between 6:00 a.m. and 6:00 p.m. Monday through Friday and between 8:00 a.m. and 2:00 p.m. on Saturday.

b.

Mining, borrow pit, resource extraction, and reclamation activities (including land clearing debris disposal) that access their operations without traversing through residential areas (i.e., via principal and minor arterial roadways) are limited to the hours between 6:00 a.m. and 6:00 p.m. Monday through Saturday.

c.

Exceptions to the above noted operating hours may be authorized by federal, state, and/or county authorities in cases of emergency or when determined by such authorities to best serve the public interest. Any exceptions require written approval by the county administrator, or his/her appointed designee, specifying the reason and allowed timeframe(s) for the exception.

(4)

Exemptions. The following uses or activities are exempt from the noise level regulations noted above, and chapter 1-20.3:

a.

Construction operations for which building permits have been issued, provided that such operations are limited to the hours between 5:00 a.m. and one hour after sunset, except that on Pensacola Beach:

1.

No outside construction may begin before 6:30 a.m., if within 200 ft. of an occupied residence; and

2.

Owner-occupied single-family detached houses are exempt from the above restriction.

b.

Safety signals, warning devices, bells and chimes of churches.

c.

Noise from emergency vehicles, or noises resulting from emergency works.

d.

All noises coming from the normal operation of trains, aircraft, or vessels operated upon the waters within or adjacent to Escambia County.

e.

Activities at Five Flags Speedway and/or other legally constructed and operated tracks or courses for competitive motor sports.

(b)

Vibrations. Every use, excluding initial construction activities, shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located.

(c)

Air pollutants.

(1)

Smoke. Every use shall be operated so as to prevent the emission of smoke as specified in F.A.C. Ch. 17-2, as amended, "Rules of Department of Environment Regulations: Air Pollution."

(2)

Particulate matter including dust. Every use shall be operated so as to prevent the emission into the air of dust or other solid matter as specified in F.A.C. Ch. 17-2, as amended, "Rules of Department of Environmental Protection: Air Pollution."

(3)

Odor. Every use shall be operated so as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located, as specified in F.A.C. Ch. 17-2, as amended, "Rules of the Department of Environmental Protection: Air Pollution."

(d)

Fire and explosive hazards. All operations, activities and uses shall be conducted so as to comply with the rules and regulations of the National Fire Code published by the National Fire Protection Association as well as F.A.C. Ch. 4A, as amended, "Rules of the Marshal." If there is a conflict between the two, the more stringent regulation applies. In no case shall hazardous or potentially hazardous materials be stored or located in residential zones or within 500 feet of any residential zone.

(e)

Glare. No operation or activity shall be conducted so as to cause or create glare in excess of one-half foot-candles in a residential district, whether from a direct or indirect light source. No operation or activity shall create safety hazards through the impairment of motorist's vision or simulation of traffic control devices (including strobe lights and any outside display, sign, window display or other device), or otherwise interfere with the safety of the traveling public. Tri-changing signs and electronic message centers are allowed provided such signs comply with the standards of article.

(f)

Solid waste. Refuse and waste removal areas shall be buffered and/or screened from adjacent properties and public ways by appropriate fences, wall or hedges. In cases where dumpsters must be located in areas highly visible from any public right-of-way, the planning official shall be authorized to require appropriate vegetative or structural screen to shield an unsightly condition.

(g)

Nuisances. The following conditions, existing, permitted, maintained, or caused on real property in Escambia County shall be prohibited. The existence of such conditions shall constitute prima facie evidence of maintaining a nuisance, injurious to health and such conditions shall not be deemed to be all inclusive.

(1)

The creation or maintenance of any condition capable of breeding flies, mosquitoes, or other arthropods capable of transmitting diseases directly or indirectly to humans.

(2)

The accumulation of rubbish, trash, garbage, or solid waste materials in violation of any state law, regulation or ordinance of Escambia County.

(3)

The existence of any building or other structure or real property, or premises on which a structure is located, which is unsafe and a menace to the health, safety, or general welfare of the residents of Escambia County, or which is deteriorated or dilapidated.

(4)

The accumulation of in excess of one inoperable vehicle on an individual lot or parcel at any one time. Exempt from this provision shall only be duly licensed junk or salvage yards and vehicles under repair at a duly licensed automotive repair shop. Also, exempt from this provision are duly permitted used car lots, provided that any inoperable vehicles, in excess of one such vehicle, are not visible from the public right-of-way or adjacent property.

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

General. Exterior lighting in and around buildings and in parking lots is permitted in all districts. Lighting is to be located for safety and visual effect. With the exception of street lights, it shall be installed so as not to shine directly on adjacent property. Lighting shall avoid annoyance from brightness and glare. Artificial beachfront lighting should be designed as per the LDC chapter 4, article 5, barrier island lighting.

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

(a)

Fence heights in residential districts. Maximum heights for fences constructed in residential districts, except those on Pensacola Beach, shall be:

Barbed wire and electrified fences are permitted in A, RR and RMU rural districts. Below-ground electrified fences are permitted in all residential districts. Above-ground electrified fences are permitted in residential districts provided that such fences are located inside, are completely enclosed and do not come in contact with a perimeter fence erected according to the height standards above. Electrified fences in residential districts shall be of the type that are permitted under the electrical building code listing and shall also meet fence height standards for regular fences.

Height shall be measured and averaged at regular intervals along the property line. The final height shall be determined by averaging the dimensions obtained at eight-foot intervals along the property line. Height includes height of the berm and sloping grounds.

(b)

Fence setbacks. Fences shall be permitted to the street right-of-way or marine/estuarine/riverine setback (MERS) line and common property lines. No fence shall be permitted to obstruct visual clearance along a right-of-way. See "visual clearance along rights-of-way and at sight triangle intersections." No fence or hedge shall be constructed or installed in such a manner as to interfere with drainage on the site.

(c)

Permitted fence materials. Suitable fence materials are as follows: Masonry, chain link, chain link with slatting, wood, cast iron, aluminum, plastic, and precast concrete.

(d)

Fence heights in commercial and industrial districts. There is no maximum height for fences in commercial districts except that barbed wire is permitted only on top of a solid or chain link fence at least six feet in height. Where a commercial district borders a residential district, a fence may be constructed to a maximum height of eight feet on the property line contiguous to the residential district. The method of measurement shall be the same as for residential district fences.

(e)

Fences on Pensacola Beach.

(1)

Responsibility. Lessee assumes full responsibility for all fences and walls erected on leasehold property.

(2)

Location. Fences, walls, and similar construction may be erected outside building setbacks, provided such construction shall not interfere with the exposure or view, or reasonable privacy of adjoining or facing property, as shall be determined by the architectural environmental committee.

(3)

Height. Fences shall not exceed the maximum heights as follows: The overall height of the fence is measured from the average elevation of the finished grade.

a.

Front yard: Three feet.

b.

Side yard: Six feet.

c.

Rear yard: Six feet.

(4)

Waterfront. Fences to be erected on lots having water frontage must be approved by the AEC prior to construction. Each proposal will be considered on its own merit. Fences to be erected seaward of the coastal construction control line must have FDEP permit.

(5)

Design. All such structures shall be in harmony with surrounding property.

(6)

Standards for solid wooden fences.

a.

Palings to be not less than three-quarter-inch actual thickness and attached with two galvanized nails per connection (no staples).

b.

Stringers to be No. 2 grade or better; two- by four-inch nominal size pressure treated pine; and three stringers to be used with fences more than three feet in height.

c.

Posts to be not less than four inches by four inches (square) nominal size or six inches in diameter (round) and treated for below grade penetration; spaced not more than eight feet apart; and not less than four-foot penetration, or two and one-half feet penetration below grade if set in concrete.

(7)

Approval.

a.

Applications for fence approvals shall include fence details showing cross sections, elevations and materials to be used.

b.

If survey by registered Florida surveyor is not furnished to the county, such fence is erected at lessee's own risk.

c.

Fence construction shall require a final inspection by SRIA staff.

(Ord. No. 2015-12, § 1(Exh. A), 4-16-2015; Ord. No. 2016-21, § 1, 5-5-2016)

(a)

Standard right-of-way. Within any project development and environmental impact study for a capacity improvement project, standard right-of-way shall be considered as follows:

Major collectors: 80 feet

Major arterials: 125 feet

Beltways: 300 feet

(b)

Setback regulation. Escambia County shall, through zoning district provisions in the CPA 2007-02D Transportation Corridor Preservation Ordinance, apply setbacks that will aid in the protection of existing and future rights-of-way, including transportation corridors, from building encroachments.

(c)

Density and intensity regulation. Escambia County shall regulate density and intensity within the existing or designated transportation corridor areas that may interfere with right-of-way needs.

(d)

Right-of-way set aside. Escambia County may require the set aside of right-of-way necessary to comply with programmed roadway widening or, as necessary, for proposed transportation corridors.

(e)

Scenic roadway designation. Because of the unique scenic character and related historic and tourist significance, Scenic Highway (SR-10A) and Perdido Key Drive (SR 292) are designated "scenic roadways. "Parcels adjacent to these rights-of-way shall be the subject of specific sign controls in the CPA 2007-02D Transportation Corridor Preservation Ordinance.

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