The purpose of this article is to encourage the orderly development, promote the economic and environmental advantages, and promote, in accordance with present and future needs, the public health, safety, and the general welfare of the citizens of the non-incorporated areas of Flagler County, Florida.

This article has been developed in accordance and conformity with the Flagler County Comprehensive Plan, and is designed to implement a program of orderly future growth and development within the county.

The Board of Commissioners of Flagler County, Florida by its adoption of this article, enacts the provisions of Sections 163.3161—.3211, Florida Statutes, Section 125.01(1)(g), (h), and (t) of Chapter 125, Florida Statutes, and other applicable laws of Florida.

A.

Flagler County, Florida is hereby divided into zoning districts as listed and described below and shall be shown on the Flagler County Official Zoning Map, for the purpose of:

1.

Preserving, where appropriate, the agricultural character and quality of the county;

2.

Providing a residential environment free of incompatible uses, safe from natural and manmade hazards;

3.

Promoting, where possible, planned residential, commercial and industrial areas in appropriate locations, with appropriate standards and minimum service cost to local governments;

4.

Providing a compact, convenient urban pattern for urban areas;

5.

Providing a level of flexibility of control sufficient to promote innovation and creativity in community development, to encourage maximum commercial and industrial profitability and maximum living comfort and convenience at lowest cost;

6.

Protecting, conserving and developing the natural resources of land, water and air;

7.

Maintaining and improving the quality of life for all residents;

8.

Maintaining adequate facilities;

9.

Maintaining through orderly growth and development the character and stability of present and future land use and development.

(Ord. No. 06-04, § 2, 2-6-06)

A.

The zoning districts for the county are:

1.

CN Conservation;

2.

AC Agricultural;

3.

AC-2 Agriculture/forestry;

4.

R-1 Rural residential;

5.

R-1b Urban single-family residential;

6.

R-1c Urban single-family residential;

7.

R-1d Urban single-family residential;

8.

R-2 Two-family residential;

9.

R-3 Multifamily residential;

10.

MH-1 Rural mobile home;

11.

MH-2 Urban mobile home;

12.

MH-3 Mobile home park;

13.

R/C Residential/commercial;

14.

O-1 Limited office;

15.

O-2 General office;

16.

C-1 Neighborhood commercial;

17.

C-2 General commercial and shopping center;

18.

I Industrial;

19.

PUD Planned unit development;

20.

PLI Public lands and institution;

21.

FDD Future development.

(Ord. No. 06-04, § 2, 2-6-06)

A.

Incorporation of the Flagler County Official Zoning Map. The official zoning district map of Flagler County, with all notations, references and other information shown thereon, shall hereby make a part of this article. The official zoning district map is hereby made a public record and shall be kept permanently in the planning and zoning department, and will be accessible to the general public.

B.

Identification of the Flagler County Official Zoning Map. The official zoning district map shall be identified by the signature of the chairman of the board of county commissioners, attested by the clerk of the circuit court, signed and dated at time of adoption of the official zoning district map.

C.

Map amendment. If, in accordance with the provisions of the article, changes are made in the district boundaries or other information portrayed on the official zoning district map(s), changes shall be made on the map promptly after the amendment has been approved by the county commission. Unauthorized alterations of the official zoning district map shall be considered a violation of this article and subject to penalties as prescribed under "Penalties."

D.

Replacement of official zoning district map. In the event that the official zoning district map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the county commission may, by ordinance, adopt a new official zoning district map which shall supersede the prior official land use district map.

(Ord. No. 06-04, § 2, 2-6-06)

Except as hereinafter provided:

A.

Use. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, constructed, moved, or altered except in conformity with the regulations herein specified for the district in which it is or is to be located.

B.

Building heights. No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.

C.

Lots. No lot, even though it may consist of one or more adjacent lots of record, shall be reduced in size below the requirements of this article.

D.

Yards. No part of a yard or other open space required for any building for the purpose of complying with the provisions of this article shall be included as part of a yard or other open space similarly required for another building.

E.

Setbacks. Setbacks for lots shall be as established in each land use district. However, the Coastal Construction Control Line shall be the setback line for all lots fronting the Atlantic Ocean, unless the Florida Department of Natural Resources has issued a permit for construction seaward of the Coastal Construction Control Line.

A.

General: Where uncertainty exists with respect to the boundaries of any of the aforesaid districts, as shown on the Official Land Use Map, the following rules shall apply:

1.

Unless otherwise indicated, the district boundaries are indicated as approximately following property lines, land lot lines, center lines of streets, highways, alleys, or railroads, shorelines of streams, reservoirs or other bodies of water, or civil boundaries, and they shall be construed to follow such lines.

2.

Where a district boundary line, as appearing on the official land use map, divides a lot which is in single ownership at the time of this enactment, the use classification of a larger portion may be extended to the remainder by the planning and zoning director without recourse to amendment procedure.

3.

In case the exact location of a boundary cannot be determined by the foregoing methods, the planning board shall, upon application, determine the location of the boundary.

A.

Access to public streets. Access to public streets shall be maintained in accordance with the following requirements:

1.

Each principal use shall be placed on a lot or parcel which provides frontage on a public street or approved private street dedicated for the use of certain lots or parcels but not accepted for maintenance by the governing body having a right-of-way (or street) of not less than twenty (20) feet.

2.

The access requirements of this section and all other conflicting access requirements of articles and provisions of the Land Development Code shall not be applicable to parcels of ten (10) or more acres of land which are authorized pursuant to section 4.01.00.

B.

Section 3.06.04 of the Flagler County Development Code, Parking Requirements, shall not be applicable to the parcels of ten (10) acres or larger developed pursuant to section 4.01.00.

(Ord. No. 03-01, § 4, 2-3-03)

A.

Nonconforming buildings and uses. It is the intent of this article to recognize that the elimination of existing buildings and structures or uses that are not in conformance with the provisions of this article is desirable to promote orderly and compatible development. It is also the intent of this article to administer the elimination of nonconforming uses, buildings, and structures so as to avoid any unreasonable invasion of established private property rights. Therefore, any structure or use of land existing at the time of this article, and amendments thereto, but not in conformity with its use regulations and provisions, may be continued subject to the following provisions:

B.

Unsafe structures. Any structure or portion thereof declared unsafe by the county building official may be restored to a safe condition, provided the requirements in this section are met.

C.

Extension. A nonconforming use of a building or buildings shall not be extended to include either additional buildings, floor area or land after the effective date of this article. However, the extension of conforming lawful use to a nonconforming building shall not be deemed the extension of such nonconforming building.

Exception: A nonconforming use of a building or buildings shall not be extended to include additional floor area in the R/C Residential/commercial district or AC-Agriculture district unless such floor area expansion is specifically authorized by the county commission following review and recommendation of the planning board. Such floor area expansion shall not exceed more than twenty-five (25) percent of the existing building gross floor area.

D.

Use. Additional nonconforming uses shall not be added. However, a nonconforming use established prior to the adoption of this article may be changed to another nonconforming use of equal or improved character when approved by the planning board.

E.

Restoration of damaged buildings. A nonconforming building, structure, or improvement which is hereafter damaged or destroyed to an extent exceeding fifty (50) percent of the reasonable estimated replacement cost of the structure(as determined by the property appraiser), building or improvement may not be reconstructed or restored to the same nonconforming use except upon approval of the planning board.

F.

Discontinuance. A nonconforming use which became such by the adoption of this article and which has been discontinued for a continuous period of one (1) year shall not be re-established and any future use shall be in conformity with the provisions of this article.

G.

Lots of record. Where a lot of record established prior to this article does not conform to the dimensional requirements contained herein, the lot may be used for a single-family dwelling if the district permits such use. If the lot is substandard in size and the single-family dwelling is unable to reasonably meet the setback requirements of the district the following minimum setback requirements shall apply:

Front Yard—25 feet
Rear Yard—20 feet
Side Yard—7.5 feet
Street Side Yard—20 feet

For the use of a nonconforming lot for other than single-family purposes, the owner must apply for a variance from the planning board.

Exception: Platted lots or parcels which were zoned C-2 (general commercial) and established prior to adoption of the Flagler County Land Development Code and which conform to a minimum lot width of seventy-five (75) feet and seven thousand five hundred (7,500) square feet lot size, shall be exempt and may be developed with general commercial uses meeting all other development standards of the C-2 district.

A.

Vision clearance. In all use districts, no fences, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one half (2½) and ten (10) feet from the street level shall be permitted or maintained within twenty (20) feet of the intersection of the right-of-way lines of two (2) streets or railroad lines, or of a street intersection with a railroad line, or street right-of-way with a driveway.

A.

Purpose and intent. The purpose and intent of the CN—conservation district is to preserve the natural water recharge and wetland areas, and prohibit the draining of or injury to natural water recharge areas and wetlands of the county.

B.

Permitted principal uses and structures. In the CN-conservation district only agricultural type buildings and structures shall be permitted.

The use of any land in a conservation district for the purpose of growing plants, crops, trees and other agricultural or forestry products (including raising of livestock) shall be permitted.

A.

Purpose and intent. The purpose and intent of the AC—Agriculture district is to preserve valuable agricultural/forestry land for those uses, and to protect land best suited for agricultural/forestry uses from the encroachment of incompatible land uses.

B.

Permitted principal uses and structures. In the AC, agriculture district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single family dwellings or mobile homes.

2.

All bona fide agricultural/forestry pursuits, including dairies and dairy products, livestock, poultry, horticultural products which are raised on the premises. However, sales shall be permitted only from structures on private property conforming to all applicable codes or regulations.

3.

Agriculture, forestry, livestock and poultry production. All domesticated animals (except those generally recognized as pets) shall be kept in a fenced area, structure, pen or corral. No structure (excluding fenced areas) containing poultry or livestock and no storage of manure or odor- or dustproducing substance or use shall be located within one hundred (100) feet of a district boundary.

4.

Agriculture or farming, including horticulture, plant nurseries, market gardening, field crops and orchards and home gardens, provided no structure (excluding fenced areas) containing odor- or dustproducing materials, shall be located within one hundred (100) feet of a property or district boundary.

5.

Cemeteries.

6.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

7.

Horse farms and riding stables.

8.

Aquaculture.

9.

Fish farming.

10.

Short-term vacation rentals.

C.

Permitted special exceptions.

1.

Guest/servant quarters.

2.

Animal hospitals, veterinary clinics, kennels.

3.

Automotive repair.

4.

Feed and seed processing, storage, retail or wholesale sales.

5.

Junk yards, provided no such operation shall be permitted to be located closer than one thousand five hundred (1,500) feet to a residential district and no closer than one thousand (1,000) feet to any property line. Operations shall be fenced for safety purposes and screened from view from adjacent property and roadways.

6.

Land clearing business, provided any outside storage is completely enclosed by a solid fence or otherwise screened from the public view.

7.

Mining, shell or soil extraction, gas and oil wells.

8.

Private airstrips, (no impervious surface). Private airstrips may be approved subject to the following:

(a)

FAA approval.

(b)

No impervious surface.

(c)

Notification of surrounding property owners located within two thousand (2,000) feet of the proposed airstrip.

9.

Temporary mobile home for elderly/disabled parent or grandparent. One mobile home dwelling consisting of a minimum of six hundred (600) square feet of living area on the same site as that of a permitted use, which dwelling shall be occupied exclusively by a disabled or elderly (65+ years) parent or grandparent who requires personal nursing care similar to services of a nursing home. A statement from a physician certifying that personal nursing care is required shall be submitted with the request. The use shall be temporary in nature and subject to renewal every three (3) years. This use shall terminate and the mobile home removed from the site, when the disabled or elderly parent or grandparent moves from the site.

10.

(a)

Wholesale or retail fertilizer sales and storage.

(b)

Bulk storage of fertilizer, fuels, lubricants, and other hazardous, flammable, combustible or incendiary materials, provided all storage is fenced or enclosed for safety purposes and all spacing requirements are met including those found in the United States Code of Federal Regulations (CFR) and the requirements of all other applicable agencies. The term bulk is intended to imply large capacity storage and dispensing of the type that occurs within a storage terminal, tank farm, or similar facility, not to include consumer dispensing.

11.

Wood working shops, together with structures, machinery, equipment and facilities, incidental to such operations provided that such operations:

(a)

Do not utilize electrical powered machines in excess of five (5) horsepower;

(b)

Use no more than two hundred forty (240) volts single phase current with a maximum two hundred (200) amp buss;

(c)

House and operate all machinery within an enclosed structure not to exceed two thousand (2,000) square feet; and

(d)

Do not provide any wood treatment process.

(e)

Are subject to annual inspections of the county health department and county fire inspector.

12.

Class III landfill (D. E. R. permit required).

13.

Roadside vendor subject to the following provisions:

(a)

Limited to operation at an approved site, but not within five hundred (500) feet of an existing permanent business offering the same services or products.

(b)

Must provide safe ingress and egress to the site.

(c)

Must obtain county occupational license.

14.

Golf courses and country clubs (located within or adjacent to the planned urban service area boundary).

15.

Shooting and archery ranges subject to the following provisions:

(a)

Minimum site size shall be fifty (50) acres;

(b)

Maximum caliber for rifled barrels used on the range shall be .45 and for nonrifled shall be twelve (12) gauge and the use of black powder.

(c)

A projectile-proof backstop, consisting of concrete, steel, earth or a combination thereof, at least fifteen (15) feet high shall be erected and maintained behind all target areas;

(d)

The use shall not constitute a nuisance or be a hazard to an abutting property;

(e)

Hours of operation shall be between 8:00 a.m. to one-half (½) hour before dusk except for night time shooting for certification of law enforcement agencies; and

(f)

The design and safety standards of the National Rifle Association (NRA), International Archery Federation (FITA), National Skeet Shooting (NSA) and the Amateur Trap Shooting Association (ATSA) shall be met.

16.

Noncommon household pet and wild animal sanctuary/shelter facilities, subject to the following standards:

(a)

State and federal permits. If confining any animals at a facility requires state or federal permits, they shall be obtained prior to commencement of operations, including, but not limited to: Class I, II or III permits for captive wildlife, as applicable, in accordance with Chapter 68A-6, F.A.C. A copy of such permit(s), if required, shall be furnished to Flagler County as a condition of the special exception approval.

(b)

Maximum number of animals. Facilities shall be limited to numeric thresholds established by the planning and development board and shall be based on site characteristics and the type(s) of animals intended to be housed on and within the facility. Facilities with over one hundred (100) animals shall require approval by the board of county commissioners following the public hearing procedures at LDC section 3.06.05 for semi-public uses.

(c)

Minimum facility site size. The minimum size site for any facility shall be five (5) acres. Facilities that have any exterior animal use and exceed twenty-five (25) animals shall be required to have a minimum of one (1) additional acre of land for each additional five (5) animals or fraction thereof. Additional acreage may be required to address best practices for specific species and to reduce impacts to surrounding properties.

(d)

Animal containment. All outdoor areas allocated for use by the animals shall be fenced, walled, or caged to safely contain the animals. No animal shall be chained except for a limited duration for purposes of sanitation (i.e., facility cleaning) or similar reasons and not as a regular means of containment. A detailed animal containment plan shall be provided for each and every animal species, to include separation facilities for quarantine, treatment, and/or breeding. Additionally, sheltering facilities to protect the animals during severe heat, cold or other inclement weather shall be fully demonstrated. All animal containment areas/shelters shall be maintained and kept in good condition at all times.

(e)

Compatible layout/design. Any structures, outdoor runs, and feeding areas on the site shall be laid out and designed in such a manner to provide maximum noise reduction, odor prevention, and compatibility with adjoining properties, as appropriate for the type of animal to be housed therein and any existing adjacent uses.

(f)

Setbacks. Structures allocated for animal use shall be set back a minimum of one hundred (100) feet from any property line. Additional setbacks may be required for the facility based on the species, surrounding uses, proposed layout, and other specifics of the application.

(g)

Hours of operation. The hours for any public visitation and activities related to the care/feeding of the animals shall be restricted to occur between dawn to dusk. Visitation hours for the public may be further restricted by the planning and development board or the county commission in the special exception review process.

(h)

Public visitation. Should public visitation be part of any facility, the operator shall be responsible for any improvements necessary to accommodate public access to the site to include parking, stormwater, ADA-equipped facilities, fire/life safety improvements and additional safety precautions to protect the public from the animals.

(i)

Emergency plan. A written emergency plan shall be required as part of any application. The plan shall be kept and used on site. The plan shall address appropriate measures to address the safety of the facility workers and the public for potential animal attack/escape, disease transmission, and animal evacuation. The plan should establish procedures for recapturing escaped animals, for evacuating animals during wildfires and hurricanes, and for advanced medical coordination (as necessary) related to specific situations. The plan shall include any sources for developing the emergency plan and demonstrate that the sources are appropriate for achieving public safety for the species of animals being housed and/or exposed to the public. The plan shall be annually reviewed by the facility manager and documented.

(j)

Sanitation/animal waste disposal/odor abatement plan. A sanitation, waste disposal, containment, and odor abatement plan shall be required to be submitted as part of the application and approved as part of the special exception. Major goals of the plan shall be to ensure optimal sanitary conditions and the minimization of odors emanating from the facility.

(k)

Feeding and care plan. A dietary feeding and care plan for the types and numbers of animals planned for the facility shall be provided, along with a care plan for the animals based at the facility. This plan shall include appropriate space needs, exercise areas, climate control, and the type of confinement habitat. The plan shall be required to be signed by the veterinarian of record and submitted as part of the application and approved as part of the special exception.

(l)

Financial feasibility/insurance plan. The applicant shall at the time of application demonstrate the capacity to fund the facility on an ongoing basis. Additionally, the applicant shall provide proof that the applicant has purchased liability insurance for this type of facility and the animals housed therein.

(m)

Residences. Residences may be allowed on the site and shall conform to the requirements of the AC (agriculture) district.

(n)

Veterinarian of record/animal care reporting. All facilities shall have a veterinarian of record whose principal place of business is within a one hundred-mile radius of the facility and who has experience with the specific animal species planned to be housed at the facility. The veterinarian of record shall be required to annually certify to the growth management department that care of the animals is proper in accordance with acceptable veterinarian standards.

(o)

Required sterilization. All animals maintained at the facility shall be sterilized, as appropriate for each species, unless:

(1)

The planning and development board and board of county commissioners, as part of the approved special exception, waives this requirement; or

(2)

Such animals are part of a breeding program authorized by a state or federal government for any managed, imperiled, threatened, or endangered species. The planning and development board and the board of county commissioners, in approving any waiver under this section, shall include considerations particular to each species and on-site strategies to eliminate uncontrolled breeding at the facility, including, but not limited to, the separation of males and females.

(p)

Annual facility report. Upon initial approval and on an ongoing annual basis thereafter, an operator of an approved special exception for a noncommon household pet and wild animal sanctuary/shelter shall provide a written report to the county attesting to the number of animals maintained on the property and to the continued compliance with these standards and other special conditions made a part of the approved special exception. This report shall accompany the veterinarian's animal care report referenced above.

(q)

Semiannual inspection. All facilities shall be subject to semiannual inspections performed by the county and/or its agents verifying that care of the animals (as applicable to a particular species or breed) is in accordance with the standards of the Humane Society of the United States (HSUS) for noncommon household pets and the standards of the Florida Fish and Wildlife Conservation Commission (FWC) for wild animals. In conducting the semiannual inspection as provided under this section, the county shall utilize two (2) inspectors, one of which shall be either a county code enforcement officer, a sheriff's office deputy, or other designated person with credentials related to animal care as designated by the county administrator.

(r)

Compliance inspections/noncompliance remedies. Flagler County reserves the right to monitor compliance with the conditions specified above, and for this limited purpose, the applicant consents to entry on its property by authorized county officials to determine compliance. In the event the county determines there is noncompliance with any of the conditions, the county reserves the right either:

(1)

To order compliance; or

(2)

Correction of the condition; or

(3)

Revocation of the authorization for the special exception.

Nothing included herein shall prevent the county from pursuing other remedies including, but not limited to, injunctive relief. In conducting compliance inspections as provided under this section, the county shall utilize two (2) inspectors, one (1) of which shall be either a county code enforcement officer, a sheriff's office deputy, or other designated person with credentials related to animal care as designated by the county administrator.

(s)

Prohibited applicants. An applicant for a special exception or an operator of an approved noncommon household pet and wild animal sanctuary/shelter shall be deemed ineligible to apply or to operate, as applicable, if the applicant or operator has been convicted of animal cruelty or neglect, or entered a plea of no contest or otherwise had adjudication withheld on charges of animal cruelty or neglect.

17.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum lot size—Five (5) acres.

Exception: Lots resulting from dividing a ten-acre lot of record into two (2) parcels where public road dedication reduces parcel size. Then minimum is four and one-half (4.5) acres.

2.

Minimum width—Two hundred (200) feet.

Exception: Lots resulting from dividing a ten-acre lot of record into two (2) parcels. Then minimum is one hundred fifty (150) feet.

3.

Minimum setback requirements for structures:

Front yard: Fifty (50) feet.

Rear yard: Fifty (50) feet.

Side yard:

Interior lot—Twenty-five (25) feet;
Abutting any street—Fifty (50) feet.

4.

Maximum building height: No maximum.

5.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

6.

Minimum living area:

Six hundred (600) square feet for single-family dwelling.

Six hundred (600) square feet for mobile homes.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 93-11, § 4, 7-19-93; Ord. No. 98-01, § 1, 2-2-98; Ord. No. 01-09, § 1, 6-11-01; Ord. No. 02-24, § 3, 9-12-02; Ord. No. 03-01, § 3, 2-3-03; Ord. No. 2010-02, § 2, 1-20-10; Ord. 2011-08, § 3, 11-7-11; Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.2, 2-19-15; Ord. No. 2016-01, § 2.A.3 , 1-11-16; Ord. No. 2022-01, § 3, 4-18-22; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the AC-2 agriculture/forestry district is to preserve valuable agricultural and forestry land for those uses and to protect land best suited for agricultural/forestry uses from the encroachment of incompatible land uses.

B.

Permitted principal uses and structures. In the AC-2, agriculture/forestry district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings or mobile homes.

2.

All bona fide agricultural/forestry pursuits, including dairies and dairy products, livestock, poultry, horticultural products which are raised on the premises. However, sales shall be permitted only from structures on private property conforming to all applicable codes or regulations.

3.

Agriculture, forestry, livestock and poultry production. All animals (except those generally recognized as pets) shall be kept in a structure, pen or corral. No structure (excluding fenced areas) containing poultry or livestock and no storage of manure or odor- or dust-producing substance or use shall be located within one hundred (100) feet of a district boundary.

4.

Agriculture or farming, including horticulture, plant nurseries, market gardening, field crops and orchards and home gardens, provided no structure (excluding fenced areas) containing odor- or dustproducing materials, shall be located within one hundred (100) feet of a property or district boundary.

5.

Cemeteries.

6.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

7.

Short-term vacation rentals.

C.

Permitted special exceptions.

1.

Horse farms and riding stables.

2.

Feed and seed processing, storage, retail or wholesale sales.

3.

Aquaculture.

4.

Mining, shell or soil extraction, gas and oil wells.

5.

Wholesale or retail fertilizer sales .

6.

Class III landfill (D. E. R. permit required).

D.

Dimensional requirements.

1.

Minimum lot size—Twenty (20) acres.

2.

Minimum lot width—Four hundred (400) feet.

3.

Minimum setback requirements for structures:

Front yard—Fifty (50) feet.
Rear yard—Fifty (50) feet.
Side yard interior lot—Twenty-five (25) feet.
Side yard abutting any street—Fifty (50) feet.

4.

Maximum building height: No maximum

5.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed twenty-five (25) percent.

6.

Minimum living area:

Six hundred (600) square feet for single-family dwellings.
Six hundred (600) square feet for mobile homes.

E.

Off-street parking and loading requirements. None.

(Ord. No. 2015-02, § 2.A.3 , 2-19-15; Ord. No. 2016-01, § 2A.3, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-1, rural residential district is to provide a transition between the agricultural and urban single-family districts and to accommodate residential development in areas that are not serviced by central water and sanitary facilities.

B.

Permitted principal uses and structures. In the R-1, rural residential district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings, but not mobile home dwellings.

2.

Recreation areas accessory to residential developments.

3.

Raising of crops and keeping of animals for personal use (not for resale), accessory to a single-family dwelling. The personal use restriction is not intended to apply to 4-H, FFA, or similar educational projects.

4.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

5.

Community residential homes, one (1) to six (6) persons.

6.

Short-term vacation rentals.

C.

Permitted special exceptions.

1.

Cluster subdivisions.

2.

Nursing homes, boarding homes.

3.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum lot size:

Area—One (1) acre.
Width—One hundred (100) feet.

2.

Minimum Setback Requirements for Structures:

Front yard—Twenty-five (25) feet.
Rear yard—Twenty (20) feet.
Side yard interior lot—Ten (10) feet.
Abutting any street—Twenty-five (25) feet.

3.

Maximum building height—Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty (30) percent.

5.

Minimum pervious area: Fifty (50) percent.

6.

Minimum living area: Seven hundred fifty (750) square feet.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.4, 2-19-15; Ord. No. 2016-01, § 2.A.4, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-1b, urban single-family residential district is to provide medium-low density residential developments, preserving the character of existing or proposed residential neighborhoods. This district requires public or community water and sewer facilities. (Exception: Small R-1b subdivisions, fifty (50) lots or less, utilizing a public or community water system, as defined in the Florida Administrative Code, Chapter 10-D-6, may utilize individual onsite sewage disposal systems, OSDS, subject to the approval of the health department. The use of individual onsite sewage disposal systems must be consistent with adopted county policies and standards and state standards.)

B.

Permitted principal uses and structures. In the R-1b, urban single-family residential district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings, but not mobile home dwellings.

2.

Recreational areas accessory to residential developments.

3.

Community residential homes, one (1) to six (6) persons.

4.

Short-term vacation rentals.

5.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Cluster subdivisions.

2.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum lot size:

Area—Ten thousand (10,000) square feet.
Width—Eighty (80) feet.

2.

Minimum setback requirements for structures:

Front yard:

Twenty-five (25) feet.
Saltwater front lots—Twenty (20) feet.

Rear yard:

Twenty (20) feet.
Swimming pools only—Ten (10) feet.

Side yard:

Interior lot—Seven and one-half (7.5) feet.
Abutting any street—Twenty-five (25) feet.

Swimming pools—Side setback:

If the proposed use encroaches on the twenty (20) feet rear setback requirement, the minimum side yard setback shall be ten (10) feet.

If the proposed use does not encroach on the twenty (20) feet rear setback requirement, the minimum side yard setback shall be seven and one-half (7.5) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

5.

Minimum pervious area—Thirty (30) percent.

6.

Minimum living area: One thousand (1,000) square feet.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 01-16, § 1, 8-20-01; Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.5, 2-19-15; Ord. No. 2016-01, § 2.A.5, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-1c, urban single-family residential district is to provide medium residential developments, preserving the character of existing or proposed residential neighborhood. This district requires public or community water and sewer facilities.

B.

Permitted principal uses and structures. In the R-1c, urban single-family residential district, no premises shall be used except for the following uses and their customary accessory uses or structures.

1.

Single-family dwellings, but not mobile home dwellings.

2.

Recreational areas accessory to residential developments.

3.

Community residential homes, one (1) to six (6) persons.

4.

Short-term vacation rentals.

5.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Cluster subdivisions.

2.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum lot size:

Area—Seven thousand (7,500) square feet.
Width—Seventy (70) feet.

2.

Minimum setback requirements for structures:

Front yard: Twenty-five (25) feet.
Saltwater front lots—Twenty (20) feet.

Rear yard: Twenty (20) feet.
Swimming pools only—Ten (10) feet.

Side yard:

Interior lot—Seven and one-half (7.5) feet.
Abutting any street—Twenty-five (25) feet.

Swimming pools—Side setback:

If the proposed use encroaches on the twenty (20) feet rear setback requirement, the minimum side yard setback shall be ten (10) feet.

If the proposed use does not encroach on the ten (10) feet rear setback requirement, the minimum side yard setback shall be seven and one-half (7.5) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

5.

Minimum pervious area: Thirty (30) percent.

6.

Minimum living area: Seven hundred (700) square feet.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.6, 2-19-15; Ord. No. 2016-01, § 2.A.6, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent.

1.

The purpose and intent of the R-1d, urban single family residential district is to provide innovative single-family residential developments at medium density, preserving the character of existing or proposed residential neighborhoods. This district requires public or community water and sewer facilities.

2.

A perpetual four-foot wall maintenance easement shall be provided on the lot adjacent to the zero lot line property line, which, with the exception of (free-standing) walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the two affected lot owners.

B.

Permitted principal uses and structures. In the R-1d, urban single-family residential district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings, but not mobile home dwellings.

2.

Recreational areas accessory to residential developments.

3.

Community residential homes, one (1) to six (6) persons.

4.

Short-term vacation rentals.

5.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Cluster subdivisions.

2.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum lot size:

Area—Six thousand (6,000) square feet.
Width—Fifty (50) feet.

2.

Minimum setback requirements for structures:

Front yard—Twenty-five (25) feet.
Rear yard—Fifteen (15) feet.

Side yard:

Interior lot—Zero (0) and fifteen (15) feet.
Abutting any street—Twenty-five (25) feet.

(a)

Exception, zero side yard: The side yard setback may be zero on one side of the lot provided that:

(1)

The wall located at the zero side yard setback is constructed in compliance with Section 403.3 of the Standard Building Code.

(2)

The zero side yard is not adjacent to a public or private right-of-way.

(3)

The zero side yard is equipped with rain gutters to ensure all rainfall percolates into the soil of the same residence.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

5.

Minimum pervious area: Thirty (30) percent.

6.

Minimum living area: Seven hundred (700) square feet.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.8, 2-19-15; Ord. No. 2016-01, § 2.A.7 , 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-2, two-family residential district is to provide for a mixture of one and two unit dwellings where that mixture of land use exists or is proposed. This district requires public or community water and sewer facilities. No lot shall be resubdivided to allow a two-family dwelling to be divided into two (2) separate lots.

B.

Permitted principal uses and structures. In the R-2, two-family residential district, no premises shall be used except for the following uses and their customary accessory use or structures:

1.

Single-family dwellings, but not mobile home dwellings.

2.

Two-family dwellings.

3.

Recreational areas accessory to residential developments.

4.

Community residential homes, one (1) to six (6) persons.

5.

Short-term vacation rentals.

6.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Cluster subdivisions.

2.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Single-family dwellings:

(a)

Minimum lot size:

Area—Ten thousand (10,000) square feet.
Width—Eighty (80) feet.

(b)

Minimum setback requirements for structures:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot—Seven and one-half (7.5) feet.
Abutting any street—Twenty-five (25) feet.

(c)

Maximum building height: Thirty-five (35) feet.

(d)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

(e)

Minimum pervious area: Thirty (30) percent.

(f)

Minimum living area: One thousand (1,000) square feet.

2.

Two-family dwellings:

(a)

Minimum lot size:

Area—Ten thousand (10,000) square feet.
Width—Eighty (80) feet.

(b)

Minimum setback requirements for structures:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty (20) feet.

Side Yard:

Interior Lot: Seven and one-half (7.5) feet.
Abutting any street: Twenty-five (25) feet.

(c)

Maximum building height: Thirty-five (35) feet.

(d)

Minimum living area for duplex: One thousand two hundred (1,200) square feet total with a minimum of four hundred fifty (450) square feet per unit.

(e)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed forty (40) percent.

(f)

Minimum pervious area: Thirty (30) percent.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

(Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.8, 2-19-15; Ord. No. 2016-01, § 2.A.8 , 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-3, multifamily residential district is to provide for multifamily residential living where high density residential development exists or is proposed. This district requires public or community water and sewer facilities.

B.

Permitted principal uses and structures. In the R-3, multifamily residential district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings meeting the requirements of the R-1b district.

2.

Multifamily dwellings.

3.

Townhouses.

4.

Recreational areas accessory to residential developments.

5.

Short-term vacation rentals.

6.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Single-family dwellings meeting the requirements of the R-1c or R-1d districts.

2.

Two-family dwellings meeting the requirements of the R-2 district.

3.

Cluster subdivisions.

4.

Community residential homes, seven (7) to fourteen (14) persons.

5.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum site size: One (1) acre.

2.

Maximum density: Eight (8) units per acre.

3.

Minimum lot size per dwelling unit:

Area: Two thousand (2,000) square feet.
Width—Twenty (20) feet.

4.

Minimum setback requirements per dwelling unit on separately platted lots within the same project:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: No minimum.
Abutting any street: Twenty-five (25) feet.

5.

Minimum spacing requirements, between buildings: Thirty (30) feet.

6.

Minimum living area per dwelling unit: Six hundred fifty (650) square feet.

7.

Maximum building height: Thirty-five (35) feet within one hundred (100) feet of the project perimeter and forty-five (45) feet in areas located more than one hundred (100) feet from the project perimeter.

8.

Project perimeter setback: No structures shall be located within fifty (50) feet of the project's perimeter with the exception of parking areas, recreation areas, or other nonstructural amenities. Twenty-five (25) feet of this area shall be used for a vegetative buffer as described in section 5.01.04. Landscape development standards.

9.

Minimum pervious area: Thirty (30) percent.

10.

Minimum land area devoted to recreational uses: Five (5) percent of the total developed area.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements.

1.

A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning and zoning board.

2.

Lots or parcels less than five (5) acres require site plan review by the technical review committee.

G.

Reserved.

(Ord. No. 97-12, § 1, 8-18-97; Ord. No. 04-22, § 3, 12-20-04; Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.9, 2-19-15; Ord. No. 2016-01, § 2.A.9, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the R-3b, multifamily residential district is to provide for multifamily residential living where high density residential development exists or is proposed. This district requires public or community water and sewer facilities.

B.

Permitted principal uses and structures. In the R-3b, multifamily residential district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings meeting the requirements of the R-1b district.

2.

Multifamily dwellings.

3.

Townhouses.

4.

Recreational areas accessory to residential developments.

5.

Short-term vacation rentals.

6.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Single-family dwellings meeting the requirements of the R-1c or R-1d districts.

2.

Two-family dwellings meeting the requirements of the R-2 district.

3.

Cluster subdivisions.

4.

Community residential homes, seven (7) to fourteen (14) persons.

5.

Common household pet animal sanctuary/shelter facilities.

D.

Dimensional requirements.

1.

Minimum site size: One (1) acre.

2.

Maximum density: Nine (9) units per acre with an affordable multifamily density bonus of an additional one (1) unit per acre for a total of ten (10) units per acre. The affordable multifamily density bonus is awarded provided the following criteria are met:

a.

Definitions:

Affordable multifamily unit: A multifamily unit which is available to a household earning one hundred (100) percent or less of the county's median income, adjusted for family size, which can be rented or purchased in the market without spending more than thirty (30) percent of its income.

Land use restriction agreement: A deed restriction which establishes the responsibilities of the developer and his successors.

Low income household: A household in the county which earns less than eighty (80) percent of the county's median income, adjusted for family size.

Moderate income household: A household in the county which earns eighty (80) to one hundred (100) percent of the county's median income, adjusted for family size.

b.

At least ten (10) percent of the project's units must be designated as affordable multifamily units for low and moderate income households. A maximum of thirty (30) percent of the project's units may be designated as affordable housing for low income households and a maximum of thirty (30) percent of the project's units may be designated for moderate income households. A minimum of forty (40) percent of the units must remain market rate units.

c.

The maximum percentages listed above for low to moderate income units may not be exceeded for a minimum of a fifteen-year period. To insure compliance with this provision, the property owner shall execute a land use restriction agreement with the county, which specifies the low to moderate income occupancy requirements for the property, including the number of rental units which will be subject to affordability provisions, the rent limits, the income limits proposed, and the affordability period. The land use restriction agreement shall require the developer and his successors to submit an annual report to the county for the purpose of monitoring compliance with the agreement.

3.

Minimum lot size per dwelling unit:

Area: Two thousand (2,000) square feet.

Width: Twenty (20) feet.

4.

Minimum setback requirements per dwelling unit on separately platted lots within the same project:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: No minimum
Abutting any street: Twenty-five (25) feet.

5.

Minimum spacing requirements: Between buildings—Thirty (30) feet.

6.

Minimum living area per dwelling unit: Six hundred fifty (650) square feet.

7.

Maximum building height: Thirty-five (35) feet within one hundred (100) feet of the project perimeter and forty-five (45) feet in areas located more than one hundred (100) feet from the project perimeter.

8.

Project perimeter setback: No structures shall be located within fifty (50) feet of the project's perimeter with the exception of parking areas, recreation areas, or other nonstructural amenities. Twenty-five (25) feet of this area shall be used for a vegetative buffer as described in section 5.01.04, Landscape development standards.

9.

Minimum pervious area: Thirty (30) percent.

10.

Minimum land area devoted to recreational uses: Five (5) percent of the total developed area.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements.

1.

A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning and zoning board.

2.

Lots or parcels less than five (5) acres require site plan review by the technical review committee.

G.

Reserved.

(Ord. No. 97-12, § 2, 8-18-97; Ord. No. 04-22, § 3, 12-20-04; Ord. No. 2011-10, § 2A., 12-12-11; Ord. No. 2015-02, § 2.A.10, 2-19-15; Ord. No. 2016-01, § 2.A.10, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the MH-1, rural mobile home district is to provide a transition between the agricultural and urban land use district and to accommodate existing areas that are predominantly a mixture of single-family and mobile home dwellings.

B.

Permitted principal uses and structures. In the MH-1, rural mobile home district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings, mobile home dwellings.

2.

Recreational areas accessory to residential developments.

3.

Raising of crops and keeping of animals for personal use (not for resale), accessory to a single-family or mobile home dwelling. The personal use restriction is not intended to apply to 4-H, FFA, or similar educational projects.

4.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

5.

Community residential homes of six (6) or fewer residents as provided in F.S. Chapter 419, subject to the limitations and conditions of F.S. Chapter 419.

6.

Short-term vacation rentals.

C.

Dimensional requirements.

1.

Minimum lot size:

Area: One (1) acre.

Width: One hundred (100) feet.

2.

Minimum setback requirements for structures:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot—Fifteen (15) feet.

Abutting any street—Twenty-five (25) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty (30) percent.

5.

Minimum pervious area: Forty (40) percent.

6.

Minimum living area:

Six hundred (600) square feet for mobile homes.

Six hundred (600) square feet for single-family dwellings.

D.

Off-street parking and loading requirements. None.

E.

Skirting requirements. The area between the ground and floor level of the mobile home shall be enclosed with masonry or decorative skirting.

F.

Tie-down, anchor and foundation requirements.

1.

The tie-down, anchor and foundation requirements of the applicable provisions of the Florida Administrative Code are incorporated by reference.

2.

For tie-down, anchors and foundations, the requirements of the Florida Department of Highway Safety and Motor Vehicles shall prevail.

G.

Permitted special exceptions.

1.

Common household pet animal sanctuary/shelter facilities.

(Ord. No. 2009-04, § 2, 7-6-09; Ord. No. 2011-10, § 2B., 12-12-11; Ord. No. 2015-02, § 2.A.11, 2-19-15; Ord. No. 2016-01, § 2.A.11 , 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The purpose and intent of the MH-2, urban mobile home district is to provide medium density areas for mobile home subdivisions. This district requires public or community water and sewer facilities.

B.

Permitted principal uses and structures. In the MH-2, urban mobile home district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Mobile home dwellings or single-family dwellings.

2.

Recreational areas accessory to the developments.

3.

Short-term vacation rentals.

4.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions. None.

D.

Dimensional requirements.

1.

Minimum lot size:

Area: Six thousand (6,000) square feet.

Width: Six (60) feet.

2.

Minimum setback requirements for structures:

Front yard: Twenty (20) feet.

Rear yard: Fifteen (15) feet.

Side yard:

Interior lot: Seven and one-half (7.5) feet

Abutting any street—Twenty-five (25) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Minimum living area: Six hundred (600) square feet.

5.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

6.

Minimum pervious area: Thirty (30) percent.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Skirting requirements. The area between the ground and floor level of the mobile home shall be enclosed with masonry and decorative skirting.

G.

Tie-down, anchor and foundation requirements.

1.

The tie-down, anchor and foundation requirements of the provisions of the Florida Administrative Code are incorporated by reference.

2.

For tie-downs, anchors and foundations, the requirements of the Florida Department of Highway Safety and Motor Vehicles shall prevail.

(Ord. No. 2015-02, § 2.A.12, 2-19-15; Ord. No. 2016-01, § 2.A.12, 1-11-16)

A.

Purpose and intent. The purpose and intent of the MH-3, mobile home park district is to provide areas under single ownership for the use and development for rental mobile homesites. This district requires public or community water and sewer facilities.

B.

Permitted principal uses and structures. In the MH-3, mobile home park district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Mobile home parks and accessory laundry buildings, commissary, swimming pools, and recreational facilities.

2.

Mobile recreational vehicles and shelters.

3.

Mobile home subdivisions must meet requirements of Article IV. Development and Subdivision Regulations.

4.

Home-based businesses (subject to the regulations for home-based businesses as outlined in subsection 3.06.16).

C.

Permitted special exceptions.

1.

Permanent commercial campgrounds.

2.

Manager/caretaker single-family dwelling (dwelling must meet the minimum dimensional requirements of the MH-3 mobile home park district).

D.

Dimensional requirements.

1.

Minimum site size: Ten (10) acres.

2.

Maximum density: Seven (7) units per acre.

3.

Minimum space size:

Space area: Five thousand (5,000) feet.

Space width: Fifty (50) feet.

Space depth: Seventy-five (75) feet.

4.

Minimum setback requirements for structures:

Front yard: Ten (10) feet.

Rear yard: Seven and one-half (7.5) feet.

Side yard:

Interior space: Seven and one-half (7.5) feet.
Abutting any street: Ten (10) feet.

5.

Minimum pervious area: Thirty (30) percent.

E.

Site development plan requirements. A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

F.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

G.

Skirting requirements. The area between the ground and floor level of the mobile home shall be enclosed with masonry or decorative skirting.

H.

Tie-down, anchor and foundation requirements.

1.

The tie-down, anchor and foundation requirements of the provisions of the Florida Administrative Code are incorporated by reference.

2.

For tie-downs, anchors and foundations, the requirements of the Florida Department of Highway Safety and Motor Vehicles shall prevail.

(Ord. No. 95-06, § 2, 8-21-95; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. This district is primarily intended for application to parcels within the A1A Scenic Corridor. The district may be used to implement the mixed use low intensity category of the Future Land Use Plan. Commercial uses are limited to those having a low impact to established residential uses and the overall character of the corridor; i.e., they are not major generators of vehicular traffic, do not rely on exterior sales or storage, and are of accordant scale to the primary residential use of the district. Permitted uses are to be harmonious in appearance and have landscaped open space meeting or exceeding the requirements of this Land Development Code.

B.

Uses permitted by right. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than one or more of the following use(s):

1.

Single-family dwellings, but not mobile home dwellings.

2.

Accessory uses normal and incidental to single-family dwellings.

3.

Home-based businesses (subject to the regulations for home-based businesses in subsection 3.06.16).

4.

Short-term vacation rentals.

C.

Prohibited uses.

1.

Any use not specifically permitted by right or by special exception.

2.

Adult entertainment establishments as defined by section 19-71 et seq. of the Flagler County Code, "Sexually Oriented Business and Adult Entertainment Establishments", and including any production and/or distribution of internet or computer distributed adult modeling.

3.

Vehicular sales, service and display including automobiles, trucks, boats, recreational vehicles and car/truck washes.

4.

Tattoo parlors and/or body piercing establishments.

5.

Pawn shops.

6.

Drive through sales unless specifically permitted.

7.

Warehousing and mini-warehousing.

8.

Communication towers.

9.

Adult arcade amusement center or other similar entertainment enterprise or business at which electronic, mechanical, coin-operated game of amusement, chance or skill are played, whether for consideration or not when the games are similar to, or in the nature of, slot machines.

10.

Outside commercial boat, RV or vehicular storage.

11.

Check cashing and paycheck advance.

D.

Permitted special exceptions. The following uses are permitted only upon a finding by the planning board that each use in a specified location complies with applicable guidelines. Such uses may be limited as to location, size, appearance, operation and may have conditions and safeguards attached to any approval.

1.

Bed and breakfast.

2.

Business and professional offices such as:

(a)

Accountant.

(b)

Appraiser.

(c)

Architect.

(d)

Attorney.

(e)

Bookkeeper.

(f)

Brokers, real estate and others; i.e., mutual funds, stocks, bonds, etc.

(g)

Insurance.

3.

Professional consultants such as, but not limited to:

(a)

Advertising.

(b)

Business.

(c)

Engineering.

(d)

Public relations.

(e)

Statistical.

(f)

Financial planning.

4.

Medical and dental offices such as, but not limited to:

(a)

Chiropractic physicians.

(b)

Dentists.

(c)

Optometrists.

(d)

Physicians and surgeons.

(e)

Licensed massage and physical therapists.

5.

Tax consultants or tax experts.

6.

Other professional office uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate.

7.

Banks—Single-lane drive through.

8.

Pharmacy—Not to exceed two thousand five hundred (2,500) square feet of gross floor area and providing not more than a single lane drive through.

9.

Veterinarian (no boarding).

10.

Travel agency.

11.

Florist.

12.

Restaurant—Sit down only. The maximum seating capacity of one hundred sixty (160). No drive through permitted. A maximum of twenty-five (25) percent of the seating capacity may be outdoor or visually screened from adjacent rights-of-way. Incidental consumption on premises of alcoholic beverages may be considered as part of a special exception application.

13.

Art gallery/artist studio.

14.

Jewelry store.

15.

Dry cleaners, drop off only, no plant.

16.

Barber shops, beauty shops, day spa.

17.

Private schools, academic maximum enrollment one hundred (100) students.

18.

Schools of instruction such as pottery, martial arts dance, acting.

19.

Retail store, boutique (ITE #870), niche or specialty (ITE#814) having a maximum of two thousand five hundred (2,500) square feet of gross floor area.

20.

Residential dwelling(s) when integral and contiguous part of a business structure and located behind or above the business structure.

E.

Dimensional requirements for single family dwellings.

1.

Minimum lot size:

Area: Nine thousand (9,000) square feet.

Width: Seventy-five (75) feet.

2.

Minimum setback requirements for principal structures:

Front yard:

Thirty-five (35) feet if the property depth exceeds one hundred (100) feet.

Twenty-five (25) feet if one hundred (100) feet or less.

Ocean front lots front yard: Twenty (20) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: Seven and one-half (7.5) feet.

Abutting any street: Twenty-five (25) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

5.

Minimum pervious area: Thirty (30) percent.

6.

Minimum living area: One thousand (1,000) square feet.

F.

Development requirements for special exception uses

1.

Minimum site size:

Area: Ten thousand (10,000) square feet.

Width: Eighty (80) feet.

2.

Minimum setback requirements for structures:

Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25 percent of the lot depth, up to forty (40) feet.

Rear yard: Twenty-five (25) feet.

Side yard: Ten (10) feet.

Corner side yard: Twenty-five (25) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty (30) percent.

5.

Minimum pervious area: Thirty-five (35) percent.

6.

Buffer yards as per section 5.01.04, A1A Scenic Corridor standards as applicable.

7.

The applicable design standards of section 3.06.11, A1A Scenic Corridor overlay district.

G.

Site development plan requirements for special exception uses. A site development plan as per the requirements of Appendix B (Site Development Plan Review) of the Flagler County Land Development Code, as sign plan, landscaping plan, and building elevations in conformance with the regulations of the A1A Scenic Corridor shall be required for simultaneous review. The site development plan, with all proposed improvements, shall illustrate a tree survey of all index trees on the site both to be removed or to remain.

(Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04; Ord. No. 06-14, § 2, 6-19-06; Ord. No. 2015-02, § 2.A.13, 2-19-15; Ord. No. 2016-01, § 2.A.13, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent.

1.

The purpose of the O-1, limited office district is to provide lands which are generally located on arterial and/or collector streets and because of location are suitable for development of office uses which are compatible with adjacent residential uses thereby maintaining the character and integrity of existing and developing neighborhoods.

2.

It is the intent of this section to establish standards which will promote high quality site development of individual office structures which are properly oriented toward arterial and/or collector streets and compatible with adjoining properties; also, to encourage the provisions of professional services at the neighborhood and community level and to provide for appropriate buffer and landscape areas and off street parking.

B.

Permitted principal uses and structures. In the O-1 limited office district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Accountant office.

2.

Appraiser's office.

3.

Architect's office.

4.

Artist, illustrators (commercial).

5.

Attorney's office.

6.

Bookkeeper office.

7.

Brokers, real estate and others; i.e., mutual funds, stocks, bonds, etc.

8.

Professional consultants such as, but not limited to:

(a)

Advertising.

(b)

Business.

(c)

Engineering.

(d)

Public relations.

(e)

Statistical.

9.

Medical and dental offices such as, but not limited to:

(a)

Chiropractic physicians.

(b)

Dentists.

(c)

Optometrists.

(d)

Physicians and surgeons.

10.

Tax consultants or tax experts.

11.

Laboratories when incorporated with, and an integral part of, the uses permitted in this district.

12.

Other professional office uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate in the O-1 district.

C.

Permitted special exceptions.

1.

One single-family dwelling unit to be used only in conjunction with the operation of a permitted business on the same premises; such single-family dwelling unit shall be an integral and contiguous part of the principal business structure and located behind or above that portion of the business structure devoted to service of the public. The building structure must meet all applicable building codes for the respective residential and commercial uses including fire and public safety laws.

2.

Day care centers (enrollment limited to twenty (20) children).

3.

Multifamily dwellings meeting the requirements of the R-3 district.

4.

Community residential homes, seven (7) to fourteen (14) persons.

D.

Dimensional requirements.

1.

Minimum site size:

Area: Ten thousand (10,000) square feet.

Width: Eighty (80) feet.

2.

Minimum perimeter setback requirements for structures:

Front yard: Twenty-five (25) feet.

Rear yard: Twenty-five (25) feet.

Side yard: Ten (10) feet.

Abutting any street: Twenty-five (25) feet.

2a.

Minimum perimeter setback requirements for structures in the A1A Scenic Corridor:

Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) percent of the lot depth, up to forty (40) feet.

Rear yard: Twenty-five (25) feet.

Side yard: Ten (10) feet.

Abutting any street: Twenty-five (25) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty (30) percent.

5.

Minimum pervious area: Thirty-five (35) percent.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements. A site development plan meeting the requirements of Appendix B is required. Lots or parcels less than five (5) acres require site plan review by the county technical review committee. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

Fa.

Site development plan requirements in the A1A Scenic Corridor. A site development plan as per the requirements of Appendix B (Site Development Plan Review) of the Flagler County Land Development Code, a sign plan, landscaping plan, and building elevations in conformance with the regulations of the A1A Scenic Corridor shall be required for simultaneous review. The site development plan, with all proposed improvements, shall illustrate a tree survey of all index trees on the site both to be removed or to remain.

(Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04)

A.

Purpose and intent.

1.

The purpose of the O-2 general office district is to provide lands which are located on arterial and/or major collector streets and adjacent to general commercial districts and because of location are appropriate for integration of general office and supporting uses, thereby encouraging development of complementary land uses.

2.

It is the intent of this section to establish standards which will promote high quality site development of office structures with their supporting and related uses, while limiting general commercial uses.

B.

Permitted principal uses and structures. In the O-2 general office district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Clinics—Medical and dental.

2.

Day care centers.

3.

Libraries, art galleries and museums.

4.

Offices—Administrative, business and professional.

5.

Pharmacies.

6.

Private schools.

7.

Studios—Art, dance and photography.

8.

Other general office or related uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate in the O-2 district.

C.

Permitted special exceptions.

1.

Banks and savings and loan institutions.

2.

Hospitals.

3.

Nursing and convalescent homes.

4.

Restaurants (excluding drive-thru service).

5.

Specialty shops including but not limited to book, florist, gift and stationery.

6.

Multifamily dwellings meeting the requirements of the R-3 district.

7.

Single-family dwellings meeting the requirements of the R-1B district and provided the subject property is not located on an arterial roadway.

D.

Dimensional requirements.

1.

Minimum site size:

Area: Fifteen thousand (15,000) square feet.

Width: One hundred (100) feet.

2.

Minimum perimeter setback requirements for structures:

Front yard: Thirty-five (35) feet.

Rear yard—Twenty-five (25) feet unless abutting any residentially classified property then thirty-five (35) feet.

Side yard: Fifteen (15) feet unless abutting any residentially classified property then thirty-five (35) feet.

Street side yard: Thirty (30) feet.

3.

Maximum building height: Sixty-five (65) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty (30) percent.

5.

Minimum pervious area: Thirty-five (35) percent.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements. A site development plan meeting the requirements of Appendix B is required. Lots or parcels less than five (5) acres require site plan review by the county technical review committee. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

(Ord. No. 91-13, § 1, 12-16-91)

A.

Purpose and intent. The purpose and intent of the C-1, neighborhood commercial district is to provide a limited commercial convenience facility, servicing nearby residential neighborhoods, planned and developed as an integral unit.

B.

Permitted principal uses and structures. In the C-1 neighborhood commercial district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Adult congregate living facility.

2.

Bakeries and similar uses (including preparation of products for sale on the premises).

3.

Book and stationary stores.

4.

Convenience stores (excluding the sale of distilled spirits with a higher alcoholic content than malt beverages or fermented wines).

5.

Day care centers.

6.

Hardware stores.

7.

Laundry and dry cleaning pickup stations.

8.

Laundry and dry cleaning self-service establishments.

9.

Newsstands.

10.

Barber shops, beauty shops, shoe repair shops.

11.

Pharmacies.

12.

Private schools.

13.

Professional offices.

14.

Medical and dental clinics.

15.

One single-family dwelling unit to be used only in conjunction with the operation of a permitted business on the same premises; such single-family dwelling unit shall be an integral and contiguous part of the principal business structure and located behind or above that portion of the business structure devoted to service of the public. The building structure must meet all applicable building codes for the respective residential and commercial uses including fire and public safety laws. In no case shall this permitted use be construed to allow multifamily development behind or above a strip commercial center.

16.

Other commercial uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate in the C-1 district. The standard industrial classification manual will be used as a reference for these determinations.

C.

Permitted special exceptions.

1.

Automobile service stations.

2.

Carwashes.

3.

Personal storage facilities—personal storage facility is defined as a facility designed and utilized for the storage of personal household items of individuals and limited commercial dead storage, but specifically prohibiting commercial business operation on the facility premises. Dead storage includes such business related items as files, file cabinets, office equipment, records, etc. and excludes inventories of retail or wholesale merchandise. No outdoor storage of any kind shall be permitted on the site.

4.

Gasoline pumps when incidental to a permitted use.

5.

Restaurants (takeouts with a maximum seating capacity for seventy-five (75) persons). One (1) drive-thru allowed.

D.

Dimensional requirements.

1.

Minimum site size:

Area: Twenty thousand (20,000) square feet.

Width: One hundred (100) feet.

2.

Minimum perimeter setback requirements for structures:

Front yard: Fifty (50) feet.

Rear yard: Forty (40) feet.

Side yard:

Interior lot: Twenty (20) feet.
Abutting any street: Forty (40) feet.

3.

Minimum building width: Outside dimensions, twenty (20) feet.

4.

Maximum building height: Thirty-five (35) feet.

5.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

6.

Minimum pervious area: Thirty-five (35) percent.

7.

Maximum lot size in the A1A Scenic Corridor.

Area—Five (5) acres

D.1.

Dimensional Requirements in the A1A Scenic Corridor:

1.

Minimum perimeter setback requirements for structures in the A1A Scenic Corridor:

Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) percent of the lot depth, up to forty (40) feet.

Rear yard: Twenty-five (25) feet.

Side yard: Ten (10) feet.

Abutting any street: Twenty-five (25) feet.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements.

1.

A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

2.

Lots or parcels less than five (5) acres require site plan review by the technical review committee.

Fa.

Site development plan requirements in the A1A Scenic Corridor A site development plan as per the requirements of Appendix B (Site Development Plan Review) of the Flagler County Land Development Code, a sign plan, landscaping plan, and building elevations in conformance with the regulations of the A1A Scenic Corridor shall be required for simultaneous review. The site development plan, with all proposed improvements, shall illustrate a tree survey of all index trees on the site both to be removed or to remain.

(Ord. No. 95-06, § 3, 8-21-95; Ord. No. 97-16, § 1, 9-2-97; Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, §§ 3, 4, 8-16-04)

A.

Purpose and intent. The purpose and intent of the C-2, general commercial and shopping center district is to provide commercial uses where compatible business establishments will be planned, organized and grouped in a unified arrangement. Such uses should be designed of sufficient dimension to satisfy all off-street parking needs, and be located along major arterial streets, where the traffic generated can be accompanied in a manner consistent with the public health, safety, and welfare. It is intended that such commercial areas will be located around the interchange of I-95 and Palm Coast Parkway, I-95 and SR 100, I-95 and U.S.1, along arterial roads and other suitable areas when consistent with the Flagler County Comprehensive Plan.

B.

Permitted principal uses and structures. In the C-2 shopping center district no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Retail sales and services, excluding: motor vehicle sales and rental; automobile driving schools; boat or mobile home sales and service; car washes; miniwarehouses and water slides.

2.

Retail specialty shops.

3.

Adult congregate living facility.

4.

Auction parlors.

5.

Automobile service stations.

6.

Bars.

7.

Bowling alleys.

8.

Art, dance, modeling and music schools.

9.

Day care centers.

10.

Employment agencies.

11.

Financial institutions.

12.

Game rooms or arcades for pool, billiards, pinball machines, jukeboxes or other coin-operated amusements.

13.

Laundry and dry cleaning establishments.

14.

Nightclubs.

15.

Professional offices.

16.

Restaurants.

17.

Travel agencies.

18.

Stamp redemption centers.

19.

Taxicab stands.

20.

Theaters.

21.

One (1) single-family dwelling unit to be used only in conjunction with the operation of a permitted business on the same premises; such single-family dwelling unit shall be an integral and contiguous part of the principal business structure and located behind or above that portion of the business structure devoted to service of the public. The building structure must meet all applicable building codes for the respective residential and commercial uses including fire and public safety laws. In no case shall this permitted use be construed to allow multifamily development behind or above a strip commercial center.

22.

Other commercial uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate in the C-2 district. The standard industrial classification manual will be used as a reference for these determinations.

23.

In other general commercial areas:

(a)

All uses permitted in the shopping center district.

(b)

Automobile driving schools.

(c)

Automobile rental agencies.

(d)

Automotive repair.

(e)

Bus stations.

(f)

Boat, mobile home sales and service establishments.

(g)

Catering services.

(h)

Funeral homes.

(i)

Automobile sales.

(j)

Pawn shops.

(k)

Pest exterminators.

(l)

Private clubs.

(m)

Tailors.

(n)

Trade shops including electrical, plumbing, cabinet maker and heating and air-conditioning.

(o)

Veterinary clinics.

(p)

Car washes.

(q)

Printing.

(r)

Hotels, motels and other tourist accommodations.

(s)

Restaurants.

(t)

Nightclubs, bars.

(u)

Hospitals.

(v)

Medical and dental clinics.

(w)

Miniwarehouses.

(x)

Commercial recreational uses.

BII.

Prohibited uses in the A1A Scenic Corridor.

1.

Adult businesses—As defined in Flagler County Ordinance 2000-17.

2.

Mobile and modular home dealerships, repair or service establishments.

3.

Automobile sales.

4.

Recreational vehicle sales.

5.

Automotive repair.

6.

Establishments for sales or repair of motorized boats (excluding canoes and kayaks).

7.

Tattoo parlors and/or body piercing establishments.

8.

Pawn shops.

9.

Outdoor storage, excluding plant nurseries.

10.

Bus depots.

11.

Miniwarehouses.

12.

Commercial warehousing.

13.

Adult arcade amusement center or other similar entertainment enterprise or business at which electronic, mechanical, coin-operated game of amusement, chance or skill are played, whether for consideration or not when the games are similar to, or in the nature of, slot machines.

C.

Permitted special exceptions.

1.

Commercial warehousing and contractor storage yards—Provided outside storage is completely enclosed by a solid fence or otherwise screened from the public view.

2.

Building material storage yards including lumber yards.

3.

Bus depots.

4.

Kennels.

5.

Machine shop.

6.

Roofing contractor.

7.

Septic tank service.

8.

Tractor sales and service.

9.

Truck terminals.

10.

Welding shop.

11.

Temporary manufactured housing sales center—The "temporary sales center" will be permitted for a specific time frame and the models and their stem wall foundation removed upon time expiration.

12.

Roadside vendor subject to the following provisions:

(a)

Limited to operation at an approved site, but not within five hundred (500) feet of an existing permanent business offering the same services or products.

(b)

Must provide safe ingress and egress to the site.

(c)

Must obtain county occupational license.

D.

Dimensional requirements.

1.

Shopping centers.

(a)

Minimum project size:

Area: Five (5) acres.

Width: Three hundred (300) feet.

(b)

Minimum perimeter setback requirements for structures:

Front yard: One hundred (100) feet.

Rear yard: Fifty (50) feet.

Side yard:

Interior lot: Fifty (50) feet.
Abutting any street: One hundred (100) feet.

(The minimum required side or rear yards shall be one hundred (100) feet where they abut a residential classification.)

(c)

Maximum building height: Forty-five (45) feet.

(d)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

(e)

Minimum pervious area: Thirty (30) percent.

2.

General commercial.

(a)

Minimum lot size:

Area: Ten thousand (10,000) square feet.

Width: One hundred (100) feet.

(b)

Minimum setback requirements for structures:

Front yard: Thirty-five (35) feet.

Rear and side yard: Ten (10) feet unless abutting any residentially classified property; then thirty-five (35) feet.

(c)

Maximum building height: Sixty-five (65) feet.

(d)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

(e)

Minimum pervious area: Thirty (30) percent.

Da.

Dimensional requirements in the A1A Scenic Corridor:

1.

Shopping centers.

(a)

Maximum lot size: Five (5) acres except for lots zoned C-2 on the effective date of this section.

(b)

Minimum perimeter setback requirements for structures:

Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) of the lot depth, up to forty (40) feet.

Rear yard: Fifty (50) feet.

Side yard:

Interior lot: Fifty (50) feet, when adjacent to residential zoning districts or uses; ten (10) feet when adjacent to commercial zoning districts or uses.

(c)

Maximum building height: Forty (feet) but not more than three (3) stories.

(d)

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

(e)

Minimum pervious area: Thirty (30) percent.

2.

General commercial.

(a)

Maximum lot size: Five (5) acres except for lots zoned C-2 on the effective date of this section.

(b)

Minimum perimeter setback requirements for structures:

Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) percent of the lot depth, up to forty (40) feet.

Rear yard: Fifty (50) feet.

Side yard:

Interior lot: Fifty (50) feet, when adjacent to residential zoning districts or uses; ten (10) feet when adjacent to nonresidential zoning districts or uses.

(c)

Maximum building height: Forty (40) feet and no more than three (3) stories.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements.

1.

A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

2.

Lots or parcels less than five (5) acres require site plan review by the technical review committee.

Fa.

Site development plan requirements in the A1A Scenic Corridor. A site development plan as per the requirements of Appendix B (Site Development Plan Review) of the Flagler County Land Development Code, a sign plan, landscaping plan, and building elevations in conformance with the regulations of the A1A Scenic Corridor shall be required for simultaneous review. The site development plan, with all proposed improvements, shall illustrate a tree survey of all index trees on the site both to be removed or to remain.

(Ord. No. 92-03, § 3, 3-30-92; Ord. No. 93-11, § 1, 7-19-93; Ord. No. 95-06, § 4, 8-21-95; Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04)

A.

Purpose and intent. This district is designed to encourage the grouping of industrial establishments at strategic locations in the County so that the economic base can be expanded, services and facilities provided, and incompatible mixing of land uses avoided.

B.

Permitted principal uses and structures. In the I, industrial district, no premises shall be used except for the following industrial uses and their customary accessory uses or structures:

1.

Any industrial, office, commercial or related use or structure, provided applicable county standards are met.

C.

Permitted special exceptions.

1.

One (1) detached single-family dwelling consisting of a minimum of six hundred (600) square feet of living area, on the same site as that of a permitted use, which dwelling shall be occupied exclusively by a superintendent and his family, by a caretaker and his family or by a watchman or custodian and his family.

D.

Dimensional requirements.

1.

Minimum lot size:

Area: Twenty thousand (20,000) square feet.

Width: One hundred (100) feet.

2.

Minimum setback requirements for structures:

Front yard: Thirty (30) feet.

Rear yard: Twenty (20) feet.

Side yard:

Interior lot: Twenty (20) feet ;b3l; Abutting any street: Thirty (30) feet.

(The minimum required side or rear yards shall be fifty (50) feet when they abut a residential classification.)

3.

Maximum building height: Sixty-five (65) feet.

4.

Minimum pervious coverage: Thirty (30) percent.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements.

1.

A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning board.

2.

Lots or parcels less than five (5) acres require site plan review by the technical review committee.

G.

Industrial performance standards.

1.

Purpose and intent. The purpose and intent of the industrial performance standards is to provide reasonable measures to protect residential, business districts, and public property from the potentially negative impacts of odors, fumes, smoke, noise, heat, glare, vibration, soot and dust which may be associated with industrial uses.

2.

General provisions. The following performance standards address a series of potential nuisances or possible sources of pollution or other public health, safety, and welfare concerns. All measurements shall be enforced at the property lines, unless otherwise specified. No part of any industrial zone and no improvement thereon shall be used or allowed to be used at any time for the manufacture, storage, distribution or sale of any product or the furnishing of any service, in a manner which is inconsistent with the requirements of this ordinance. No activity shall be carried on which may be or may become dangerous to public health, safety, or welfare which increases the fire insurance rate for adjoining or adjacent property, or which is illegal.

3.

Applicability. Any new building, structure or tract of land, developed or constructed, or any new use of land that is used for, any permitted principal use, permitted special exception, or accessory use in any land zoned I Industrial district shall comply with all of the performance standards set forth in this section. If any existing, nonconforming use of land is extended, expanded or enlarged, the performance standards relating to odor shall apply only with respect to such extended, expanded, or enlarged portion or use of land. With respect to such extensions, expansions, or enlargements, compliance with the odor standards of this ordinance shall be based on a measurement using a thirty-minute average. The application of the performance standards relating to odor to an existing, nonconforming use of land shall not apply to the erection of new storage, office or administrative structures or the installation of equipment that will reduce emissions, provided that such erection or installation is not accompanied by an expansion or enlargement of industrial production capacity.

4.

Determination of violations relating to odor. The performance standards relating to odor shall be enforced using the civil citation system as provided by Chapter 9, Article III of the Flagler County Code except to the extent amended herein. The board of county commissioners shall determine by resolution the monetary fines for the first, second and third violations. To determine if a violation has occurred, the code enforcement officer shall assess the existence of an odor at the property line of the industrial entity. If the officer detects an odor, the officer shall notify the industrial entity. The entity shall admit or deny that it is violating the performance standards and may provide the officer with any information or data in support of its position. If the violation is denied and the officer continues to reasonably believe that an odor is being emitted from the entity, the officer shall cause the odor to be measured at the property line in accordance with the odor standards herein. If a violation is found, the officer shall issue a civil citation. After an entity has received three (3) citations, the officer shall refer the next following violation(s), if within twelve (12) months of the first violation, for judicial enforcement by the county of the performance standards. The county shall seek to enjoin the violation by the offending industrial entity as a public nuisance. Three (3) citations, followed by another violation determination, if all are within twelve (12) months, shall constitute a public nuisance per se for purposes of enforcing these odor performance standards. In such judicial enforcement, the county will pursue compliance under the other remedies authorized by the County Code.

5.

The purpose and intent of the industrial performance standards is to provide reasonable measures to protect residential and business districts from the potentially negative impacts of noise, glare, and vibration which may be associated with industrial uses.

6.

Noise provisions.

(a)

No industry shall emit any source of sound in such a manner as to create a sound level which exceeds the limits prescribed below for more than ten (10) percent of any measurement period. The measurement period shall not be less than ten (10) minutes. Sound levels shall be measured in "dBA," which means the composite abbreviation for the A-weighted sound level and the unit of sound level, the decibel.

(b)

Sound level measurements shall be taken, using standardized noise measuring instrumentation, from both the property line of the industry, which is emanating the noise, and the property line of the receiving land use from which the complaint was filed. In the event the property line of the industry directly abuts the receiving property, one sound level measurement, taken at the shared boundary line of the properties, shall constitute a measurement of both the emanating and receiving properties. An industry exceeding either the sound level limit for the emanating district or the sound level limit for the receiving district shall constitute a violation. A sound level measurement taken from the property line of the industry emanating the noise may not exceed the following level:

A sound level measurement taken from the property line of the developed land use district receiving the sounds emanating from the industry may not exceed the following levels:

*Residential development within the agricultural land use district is also included in this category. In such cases, the sound level measurement for the receiving category shall be taken from a location approximately one hundred (100) feet from the residential structure rather than the property line.

(c)

Condition under which sound level limits shall be increased: Where an industry has established its use away from other incompatible uses and subsequently, through encroachment of development, finds itself adjoining a receiving land use district which would require a reduction in noise generation, said industry shall not emit a noise which exceeds the maximum noise limitation for the receiving land use district by more than ten (10) decibels.

(d)

The following shall be excepted from the sound level limits:

(1)

Air conditioners, when functioning with the manufacturer's standard mufflers and noise-reducing equipment in use and when functioning in proper operating condition according to the manufacturer's standards. The same exemption shall apply to lawn mowers and agricultural equipment used during daylight hours.

(2)

Construction operations for which building permits have been issued or where a written agreement is in effect with the county authorizing such activity, provided all equipment is operated in accord with the manufacturer's specifications and with all standard manufacturers' mufflers and noise-reducing equipment in use and in proper operating condition, and such operations occur between the hours of 7:00 a.m. and 6:00 p.m.

(3)

Any noise resulting from any authorized emergency vehicle responding to an emergency or acting in time of emergency.

(4)

Calls for emergency assistance, warning calls, noises of safety signals, and warning devices.

(5)

Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner of the premises served by any such alarm to turn off the alarm.

(6)

All noises coming from the normal operation of railroad trains and aircraft.

(7)

Those motor vehicles which have noise emissions controlled by Florida Statutes, up to the dBA levels allowed by law.

(8)

Construction, installation, or repair by any utility serving the industry if undertaken to address an emergency situation.

(9)

Any other noise resulting from activities of a temporary duration permitted by law and for which a license or permit or written agreement has been issued.

7.

Glare provisions.

(a)

Every industrial use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible beyond the lot line of the property on which the use is located.

(b)

Outdoor lighting, including the illumination of the parking areas, pedestrian paths, signage, and spot lighting used for aesthetic or decorative reasons, is exempted from this provision except that such outdoor lighting shall be designed to minimize the illumination cast on adjacent residential areas by directing such lights, if possible, toward the interior of the industrial property and/or by reducing the wattage or candle power of the lights.

8.

Vibration provisions.

(a)

Every industrial use shall be so operated as to prevent perceptible vibrations beyond the lot line of the property on which the use is located.

(b)

Industrial operations proposing to use vibration-causing equipment shall either increase the building setback or pad the base on which the equipment will rest to insure adequate ground area or padding to absorb all vibrations prior to them moving off the industrial property in any perceptible quantity.

9.

Odor provisions.

(a)

Performance requirements. All industrial uses as described in subsection G.3. herein shall be controlled to prevent the emission of odorous gases or other matter in such quantities as to be readily detectable or to produce a public nuisance or hazard as defined by the odor standards herein at any point as measured along the property line. Detailed plans for the prevention or elimination of odorous matter, fumes, smoke, soot or dust to demonstrate compliance with the odor standards shall be required from the applicant before the issuance of a building permit. Performance requirements shall be reviewed by the Technical Review Committee (TRC). The plans shall be signed and sealed by an engineer registered in the State of Florida. The plans shall be reviewed by the TRC.

(b)

Odor standards. All applicants for industrial uses as described in subsection G.3. herein shall demonstrate that they meet the odor standards herein. This determination shall be made during site plan approval. Site plans shall include documentation assuring that odor standards will not be exceeded by the intended use. Odors shall be measured by determining in parts per million (ppm) whether the chemicals are present. This measurement shall then be compared, as described hereafter, to data in Tables 5.1 or 5.3, Odor Thresholds: for Chemicals with Established Occupational Health Standards, published by the American Industrial Hygiene Association (1989) or the latest reprint or revision, which publications and future amendments are hereby incorporated by reference and made a binding part of this section. All measurements shall follow American Society of Testing Materials (ASTM) procedures or other procedures approved by the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health (NIOSH), or the American Conference of Governmental Industrial Hygienists (ACGIH). When monitoring ambient air for the presence of odorous compounds, sampling should be conducted for as short a time as possible while sampling long enough to collect sufficient volume of sample so as to meet acceptable quality assurance/quality control criteria for validation of target analyte minimum detection limits.

(1)

Where Table 5.1, Odor Thresholds: for Chemicals with Established Occupational Health Standards; Range of Acceptable Values, referenced above contains several levels cited, the lowest acceptable value shall be used as the standard.

(2)

Where the chemical in Table 5.1, Odor Thresholds: for Chemicals with Established Occupational Health Standards, does not have a lowest acceptable value reported, then Table 5.3, Odor Thresholds: for Chemicals with Established Occupational Health Standards shall be reviewed for the chemical and the lowest value of all reported odor threshold measurements shall be used.

(Ord. No. 98-06, § 1, 5-18-98; Ord. No. 01-20, §§ 1, 2, 10-1-01)

Editor's note— Ord. No. 01-20, § 2, adopted Oct. 1, 2001, set out provisions pertaining to odor regulations. To maintain the numerical sequencing of this Code, said ordinance provisions have been included as § 3.03.18.G.9. at the discretion of the editor to read as herein set out. See the Code Comparative Table.

A.

Purpose and intent. The purpose of the PLI—Public lands and institution district is to provide a public lands and major public or quasipublic institutional uses. This land use classification is applied only to lands that are owned or reserved for use by the public.

B.

Permitted principal uses and structures.

1.

Public recreational uses.

2.

Public educational uses.

3.

Public institutional uses.

4.

Public service/utility uses.

5.

Post office.

6.

Public libraries.

C.

Permitted special exceptions. None.

D.

Dimensional requirements.

1.

Minimum site size:

Area: Ten thousand (10,000) square feet.

Width: Eighty (80) feet.

2.

Minimum perimeter setback requirements for structures:

Front yard: Thirty (30) feet.

Rear yard: Thirty (30) feet.

Side yard: Fifteen (15) feet.

Side yard abutting any street: Thirty (30) feet.

3.

Maximum building height: Thirty-five (35) feet.

4.

Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.

5.

Minimum pervious area: Thirty (30) percent.

F.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

A.

Purpose and intent. The purpose and intent of the planned unit development (PUD) is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed PUD must be in harmony with the general purpose of the article and the county's comprehensive plan. The design and construction of a PUD project shall follow a carefully devised plan of development which must be prepared in accordance with the requirements, procedures and approvals herein prescribed.

B.

Permitted principal uses and structures. In the PUD, planned unit development district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings; mobile homes.

2.

Two-family dwellings.

3.

Multifamily dwellings.

4.

Private clubs.

5.

Community clubs.

6.

Public uses.

7.

Public utilities.

8.

Houses of worship.

9.

Schools.

10.

Medical or dental clinics.

11.

Nursing homes.

12.

Institutions.

13.

Private airstrips.

14.

Recreation and open space.

15.

Child care centers designed and constructed according to child care center rules and regulations adopted pursuant to House Bill 1867, Chapter 69-1677, Special Acts, State of Florida, and revised on October 31, 1975.

16.

Commercial uses and structures compatible with the other use proposed in the overall development plan. Other uses and structures of nature similar to those listed, after determination by the county commission at the time of overall development plan approval that such uses and structures are appropriate to the PUD development and to the overall development of the county.

17.

Shopping center development with all uses consistent with the permitted uses of the C-2 shopping center district.

18.

Home occupations (subject to the regulations for home occupations as outlined in subsection 3.06.16).

19.

Short-term vacation rentals.

C.

Dimensional requirements.

1.

Minimum project size: Five (5) acres.

2.

Density: See subsection 3.04.02E.

3.

Minimum lot area: See subsection 3.04.04A.

D.

Detailed procedure. See section 3.04.00, Planned unit development.

(Ord. No. 97-16, § 2, 9-2-97; Ord. No. 98-13, § 1, 10-19-98; Ord. No. 2015-02, § 2.A.14, 2-19-15; Ord. No. 2016-01, § 2.A.14, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The intent of the new rural communities—planned unit development (NRC-PUD) district is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed NRC-PUD must be in harmony with the general purpose of the article and the text of the county's comprehensive plan and the underlying future land use map (FLUM) designations. The design and construction of a NRC-PUD project shall follow a carefully devised plan of development, prepared in accordance with the requirements, procedures and approvals prescribed in section 3.04.03. The NRC-PUD is an optional/voluntary means to develop land that is currently zoned one (1) unit per five (5) acres.

B.

All New Rural Communities-Planned Unit Development, NRC-PUD, projects (forty (40) acres or more and containing four hundred (400) dwelling units or less)—Maximum allowable gross density—One (1) unit per five (5) acres, shall meet the following requirements:

1.

All such rural communities shall consist of residential uses and customary accessory uses.

2.

All rural communities shall be required to meet concurrency management criteria. In addition, rural communities must be located on paved roads, within five (5) miles of a neighborhood shopping/convenience store facility and employment opportunities.

3.

Rural communities shall not be approved unless the developer can show adequate levels of fire response times (twelve (12) to fifteen (15) minutes) for rural areas and provide positive proof that the site will be accessible to emergency vehicles within a twelve (12) to fifteen (15) minute response time.

4.

Stormwater management systems shall comply with appropriate county, state and federal regulations.

5.

Development plans should preserve wooded areas to the maximum extent possible and consistent with "Firewise" principals.

6.

Rural communities are encouraged to cluster dwelling units. Conventional subdivision design standards may be modified to allow for reduced development costs. If the development exceeds eight (8) dwelling units, all roads must be paved.

7.

The use of private conventional on site wastewater disposal systems OSDS, (septic systems), in proposed projects, shall be consistent with policies 1.6.2, 1.6.3 and 1.6.4 in the infrastructure element of the county's comprehensive plan. When the net density of the proposed project is greater than two (2) units per acres, an alternative to the conventional OSDS shall be utilized.

(Ord. No. 02-07, § 1, 3-18-02)

A.

Purpose and intent. The intent of the mixed use, low intensity—planned unit development (MUL-PUD) district is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed MUL-PUD must be in harmony with the general purpose of the article and the text of the county's comprehensive plan and the underlying future land use map, FLUM, designations. The design and construction of a MUL-PUD project shall follow a carefully devised plan of development, which must be prepared in accordance with the requirements, procedures and approvals prescribed in section 3.04.03.

B.

Permitted principal uses and structures. In the MUL-PUD, mixed use low intensity planned unit development, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings.

2.

Two-family dwellings.

3.

Multifamily dwellings.

4.

Private clubs.

5.

Community clubs.

6.

Public uses.

7.

Public utilities.

8.

Houses of worship.

9.

Schools.

10.

Medical or dental clinics.

11.

Nursing homes.

12.

Institutions.

13.

Parks/recreation and open space, excluding temporary or permanent, campsites and motor sports including, but not limited to—All terrain vehicles (ATV), dirt bikes, dune buggies, go carts, etc.

14.

Child care centers designed and constructed according to child care center rules and regulations adopted pursuant to House Bill 1867, Chapter 69-1677, Special Acts, State of Florida, and revised on October 31, 1975.

15.

Neighborhood commercial/office uses and structures compatible with the other use proposed in the overall development plan. Other uses and structures of nature similar to those listed, after determination by the county commission at the time of overall development plan approval that such uses and structures are appropriate to the MUL-PUD development and to the overall development of the county.

16.

Short-term vacation rentals.

17.

Home-based businesses subject to the regulations for home-based businesses as outlined in subsection 3.06.16.

C.

Dimensional requirements.

1.

Minimum project size: Five (5) acres.

[2.]

Density: Low intensity one (1.0) to seven (7.0) residential units per gross acre. Retail and office, maximum FAR of 0.2. Residential uses shall occupy a minimum of thirty-five (35) percent and a maximum of seventy (70) percent of the development area. Retail and office uses shall occupy a minimum of fifteen (15) percent and a maximum of thirty (30) percent of the development area. Open space uses shall occupy a minimum of twenty-five (25) percent of the development.

(Ord. No. 02-07, § 1, 3-18-02; Ord. No. 2015-02, § 2.A.15, 2-19-15; Ord. No. 2016-01, § 2.A.15, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The intent of the mixed use, high intensity—planned unit development (MUH-PUD) district is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed MUH-PUD must be in harmony with the general purpose of the article and the text of the county's comprehensive plan and the underlying future land use map, FLUM, designations. The design and construction of a MUH-PUD project shall follow a carefully devised plan of development, which must be prepared in accordance with the requirements, procedures and approvals prescribed in Section 3.04.03.

B.

Permitted principal uses and structures. In the MUH-PUD, mixed use high intensity planned unit development, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Single-family dwellings.

2.

Two-family dwellings.

3.

Multifamily dwellings.

4.

Private clubs.

5.

Community clubs.

6.

Public uses.

7.

Public utilities.

8.

Houses of worship.

9.

Schools.

10.

Medical or dental clinics.

11.

Nursing homes.

12.

Institutions.

13.

Parks/recreation and open space, excluding temporary or permanent, campsites and motor sports including, but not limited to—All terrain vehicles (ATV), dirt bikes, dune buggies, go carts, etc.

14.

Child care centers designed and constructed according to child care center rules and regulations adopted pursuant to House Bill 1867, Chapter 69-1677, Special Acts, State of Florida, and revised on October 31, 1975.

15.

Commercial/office uses and structures compatible with the other use proposed in the overall development plan. Other uses and structures of nature similar to those listed, after determination by the county commission at the time of overall development plan approval that such uses and structures are appropriate to the MUH-PUD development and to the overall development of the county.

16.

Shopping center development with all uses.

17.

Short-term vacation rentals.

18.

Home-based businesses subject to the regulations for home-based businesses as outlined in subsection 3.06.16.

C.

Dimensional requirements.

1.

Minimum property size: Five (5) acres.

2.

Density: Three and one-tenths (3.1) to ten (10.0) residential units per gross acre. Retail and office, maximum FAR of 0.4. Residential uses shall occupy a minimum of twenty-five (25) percent and a maximum of sixty (60) percent of the development area. Retail and office uses shall occupy a minimum of twenty-five (25) percent and a maximum of fifty (50) percent of the development area. Open space uses shall occupy a minimum of twenty-five (25) percent of the development site.

(Ord. No. 02-07, § 1, 3-18-02; Ord. No. 2015-02, § 2.A.16, 2-19-15; Ord. No. 2016-01, § 2.A.16, 1-11-16; Ord. No. 2022-12, § 2, 7-11-22)

A.

Purpose and intent. The intent of the commercial high intensity-planned unit development (CHI-PUD) district is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed CHI-PUD must be in harmony with the general purpose of the article and the text of the county's comprehensive plan and the underlying future land use map, FLUM, designations. The design and construction of a CHI-PUD project shall follow a carefully devised plan of development, which must be prepared in accordance with the requirements, procedures and approvals prescribed in section 3.04.03.

B.

Permitted principal uses and structures. In the CHI-PUD, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Commercial/office uses deemed by the Flagler County Commission to be compatible with the intent of the district and the site development plan.

C.

Dimensional requirements.

1.

Minimum project size: Five (5) acres.

(Ord. No. 02-07, § 1, 3-18-02)

A.

Purpose and intent. The intent of the industrial—planned unit development (I-PUD) district is to provide an opportunity for innovative urban design techniques, improved use of land, protection of valuable natural features in the community, desirable land use mix, open space, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed I-PUD must be in harmony with the general purpose of the article and the text of the county's comprehensive plan and the underlying future land use map, FLUM, designations. The design and construction of an I-PUD project shall follow a carefully devised plan of development, which must be prepared in accordance with the requirements, procedures and approvals prescribed in section 3.04.03.

B.

Permitted principal uses and structures. In the I-PUD, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Industrial/commercial uses deemed by the Flagler County Commission to be compatible with the intent of the district and the site development plan.

C.

Dimensional requirements.

1.

Minimum project size: Five (5) acres.

Industrial performance standards. In the I-PUD, all projects are subject to the "Industrial Performance Standards", subsection 3.03.18G.

(Ord. No. 02-07, § 1, 3-18-02)

A.

Purpose and intent. The purpose and intent of the planned affordable development (PAD) is to provide an opportunity for innovative affordable housing solutions for first time homeowners and workforce housing while providing improved use of land, protection of valuable natural features in the community, desirable land use mix, and more economical public services. The purpose of this provision is to encourage the unified development of large tracts of land using more creative and flexible concepts in site planning than would otherwise be possible through the strict application of minimum and maximum requirements of conventional land use districts established in this article. The proposed PAD must be in harmony with the general purpose of this article and the county's comprehensive plan. The design and construction of a PAD project shall follow a carefully devised plan of development which must be prepared in accordance with the requirements, procedures and approvals herein prescribed.

B.

Requirements. All new planned affordable development (PAD) projects shall meet the following requirements:

1.

All such PAD communities shall consist of residential uses and customary accessory uses consistent with the purpose and intent of this section.

2.

All PAD communities shall be required to meet concurrency management criteria. In addition, PAD communities must be located on paved roads (unless waived by the county commission), preferably within five (5) miles of a neighborhood shopping/convenience store facility and employment opportunities.

3.

Stormwater management systems shall comply with appropriate county, state and federal regulations.

4.

PAD communities are encouraged to cluster dwelling units. Conventional subdivision design standards may be modified to allow for reduced development costs.

5.

All internal roads within a PAD community must be paved, unless waived by the county commission.

6.

The use of centralized sewer systems is preferred, and private on-site wastewater disposal systems (septic tanks) in proposed projects shall be consistent with the county's comprehensive plan and permitted by the Florida Department of Health.

C.

Permitted principal uses and structures. In the planned affordable development (PAD) district, no premises shall be used except for the following uses and their customary accessory uses or structures, after compliance with the requirements of section 3.04.00 of this article:

1.

Single-family dwellings; mobile homes.

2.

Townhomes.

3.

Mobile home subdivisions.

4.

Mobile home parks.

5.

Two-family dwellings.

6.

Multifamily dwellings.

7.

Micro-apartments; coliving.

8.

Tiny houses.

9.

Cluster housing.

10.

Pocket neighborhoods.

11.

Agrihoods.

The following uses are applicable to projects greater than fifty (50) residential units:

1.

Community clubs.

2.

Public uses.

3.

Public utilities.

4.

Houses of worship.

5.

Schools.

6.

Medical or dental clinics.

7.

Nursing homes.

8.

Recreation and open space.

9.

Child care centers designed and constructed according to child care center rules and regulations adopted pursuant to House Bill 1867, Chapter 69-1677, Special Acts, State of Florida, and revised on October 31, 1975.

10.

Commercial uses compatible with the other uses proposed in the overall development plan.

11.

Other uses and structures of a nature similar to those listed, after determination by the county commission at the time of overall development plan approval that such uses and structures are appropriate to the PAD development and to the overall development of the county.

D.

Dimensional requirements.

1.

Minimum project size: One (1) acre or single lots.

2.

Density: Subject to staff review at time of submission.

3.

Minimum lot area: Subject to staff review at time of submission.

E.

Detailed procedure. Review and approval of a planned affordable development (PAD) shall follow the procedures and submittal requirements as a planned unit development (PUD) in addition to any requirements contained herein. See section 3.04.00, planned unit development.

F.

Incentives. Planned affordable developments (PADs) may be entitled to incentives in the form of financial or regulatory modifications in accordance with Section 125.01055, Florida Statutes, or its successor. If an applicant files and qualifies for a PAD, incentives may include some or all of the following financial and regulatory incentives. Staff will review the requested incentives and make a recommendation as to which incentives should be considered, based on the extent that the proposed PAD meets the intent of the county's affordable housing initiative.

1.

Financial incentives. The county commission may elect to waive any or all fees associated with development and construction of land and structures associated with an approved PAD project. The determination of such waivers shall be in the sole discretion of the county commission, provided they are in compliance with Florida Law.

2.

Regulatory incentives. The county commission may provide waivers or modifications to regulatory provisions pertaining to the land development regulations, provided however, such waivers or modifications are not in conflict with Florida Law. Examples of such waivers (not exclusive) or modifications are listed below:

a.

Density.

b.

Setbacks.

c.

Lot coverage.

d.

Accessory structures.

e.

Landscape requirements.

f.

Minimum living area.

(Ord. No. 2021-05, § 2, 6-21-21)

A.

Purpose and intent. The purpose and intent of the future development district (FDD) is to designate certain reserved parcels within the Palm Coast Comprehensive Land Use Plan (CLUP) that will have a variety of land uses during the future development of this planned community, but the ultimate specific use presently is not known. The intent is to designate the interim zoning district that indicates land planned for future development.

B.

Permitted principal uses and structures. In the FDD, future development district, no premises shall be used except for the following uses and their customary accessory uses or structures:

1.

Silviculture and horticulture uses including, plant nurseries, market gardening, field crops or orchards and home gardens, no structure (excluding fenced areas) shall be located within one hundred (100) feet of a property line or district boundary.

2.

All essential public services including water, sewer, gas or electric systems such as substations, lift stations, treatment plants, percolation ponds, access roads and similar installations that are required to support existing development.

3.

Residential dwellings, as permitted in the R-1, and R-1b districts. (Low density—One (1) to three (3) units per acre)

4.

Recreation areas accessory to residential developments.

5.

Cemeteries.

6.

Short-term vacation rentals.

C.

Permitted special exceptions.

1.

Residential dwellings, as permitted in the R-1c, R-1d, and R-2 districts. (Medium density—Four (4) to six (6) units per acre)

2.

PUD—Planned unit development. (Low to medium density—One (1) to seven (7) units per acre)

3.

Nursing homes, boarding homes.

4.

Limited office as permitted in the O-1 district.

5.

Neighborhood commercial uses as permitted in the C-1 district.

D.

Dimensional requirements. Dimensional requirements for FDD districts shall be the requirements specified for the applicable zoning district classification of intended use.

E.

Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.

F.

Site development plan requirements. A site development plan meeting the requirements of Appendix B is required.

(Ord. No. 2015-02, § 2.A.17, 2-19-15; Ord. No. 2016-01, § 2.A.17, 1-11-16)

A.

For the purposes of this article, a planned unit development (PUD) shall mean the development of land under unified control which is planned and developed as a whole in a single or programmed series of operations with uses and structures substantially related to the character of the entire development. A PUD must also include a program for the provisions, maintenance and operation of all area, improvements, facilities, and necessary services for the common use of all occupants thereof.

B.

The proposed PUD must be in harmony with the purposes of Article III, Zoning District Regulations and the Flagler County Comprehensive Plan. The design and construction of a PUD project shall follow a carefully devised plan of development which must be prepared in accordance with the requirements, procedures, and approvals herein prescribed.

A.

Application for reclassification to a PUD. A PUD shall be initiated by a land use amendment reclassifying the subject areas as a planned unit development, pursuant to the provisions of subsections 3.05.05A and 3.05.05B of this article. The application for reclassification to a PUD shall require the following:

1.

Boundary survey of the area to be classified as a PUD;

2.

The name and address of the owner(s) and, if applicable, evidence of the assignment of an agent who represents the owner(s);

3.

Evidence of unified control of the entire area within the PUD with all owners within the area of same identified;

4.

An agreement by all owners within the PUD which includes their commitment to:

(a)

Proceed with the proposed development in accordance with the adopted PUD ordinance as advertised and approved by the Flagler County Commission; and,

(b)

Provide a written statement of a proposal for completion of such development according to plans approved by such ordinance, and for continuing operating and maintenance of such areas, functions, and facilities as are not to be provided, operated, or maintained by Flagler County pursuant to written agreement; and,

(c)

Bind their successors to title to any commitments made in their application.

B.

Materials to accompany petition. An application for reclassification to or development of a PUD shall be accompanied by the following in sufficient copies as deemed necessary by the Flagler County Commission for referrals and recommendations:

1.

A written description of the intended plan of development, clearly indicating where approval of the PUD will benefit the future occupants of the proposed development and Flagler County in general.

2.

A sketch plan at an appropriate scale supporting the above statement illustrating:

(a)

The conceptual location of all uses; and,

(b)

The number and type of residential units proposed and their general site distribution; and,

(c)

Vehicular and pedestrian circulation diagram; and,

(d)

A plan for open space and recreational uses, with estimates of approximate acreage to be dedicated and that to be retained in common or private ownership; and,

(e)

A topographic map at an appropriate scale showing existing contour lines, including all existing buildings, wooded areas, and unique natural features.

3.

General statement indicating how the maintenance and ownership of common facilities will be handled.

4.

Conceptual development phasing including:

(a)

Areas to be developed; and,

(b)

Streets, utilities and other improvements necessary to serve the proposed development; and,

(c)

The dedication of land to public use.

C.

Preapplication conference. The applicant shall meet with the development administrator, county engineer and county attorney to review the proposal prior to the submittal of all application materials. The development administrator, county engineer and county attorney may request additional plans, maps, studies, and reports as they may reasonably require to make a recommendation on the proposal to the county commission.

D.

Simultaneous DRI and PUD application review (optional). In cases where a proposed PUD must also obtain approval as a Development of Regional Impact (DRI) under the provisions of Chapter 380.06 Florida Statutes, the developer may opt for simultaneous review by the Flagler County Commission. When the developer, with the concurrence of the land owner(s), requests simultaneous PUD and DRI review, the public hearing required for the DRI application shall also serve as the public hearing provided under subsection 3.05.05C of this article. The time limits set by Florida Statutes for the review of a DRI shall be applicable and those set by this article for the review of land use amendments shall be waived. The developer may submit copies of the completed DRI application for development approval, including maps and exhibits, in fulfillment of the PUD reclassification application requirements, where applicable. All requirements of subsection 3.04.02A and 3.04.02B, however, shall be met.

E.

Density of development. The density of the PUD shall comply with the Flagler County Comprehensive Land Use Plan and these regulations.

F.

Action by the planning board and board of county commissioners. Pursuant to the requirements of subsection 3.05.05, the Flagler County Planning Board may recommend and the Flagler County Commission may enact an ordinance establishing a PUD, including any special conditions related thereto, based upon findings that:

1.

The proposed PUD does not affect adversely the orderly development of Flagler County and complies with the comprehensive plan adopted by the Flagler County Board of County Commissioners.

2.

The proposed PUD will not affect adversely the health and safety of residents or workers in the area and will not be detrimental to the use of adjacent properties or the general neighborhood.

3.

If the board of county commissioners shall enact an ordinance creating a PUD district, the district shall be indicated on the official land use district map. All maps, plans, documents, agreements, stipulations, conditions, and safeguards constituting the development plan as finally approved shall be placed on file, within thirty (30) days of approval, in the office of the clerk of the circuit court and shall constitute the regulations for the specific PUD district that has been approved. All development within the boundaries of the PUD district as approved shall take place in accord with such regulations. Any unapproved deviation from the PUD ordinance shall constitute a violation of the Flagler County Land Development Code.

4.

Approval of a PUD application by the board of county commissioners shall be contingent upon acceptance by the applicant within thirty (30) days.

5.

The county shall not be responsible for approving or enforcing any covenants and restrictions related in any PUD project.

G.

Deviations from ordinance creating a PUD. In order to facilitate minor adjustments to the plans approved as part of the Ordinance creating a PUD, the Development Administrator may approve changes in such plans which comply with the following criteria:

1.

There are the same or fewer number of dwelling units and/or floor area; or,

2.

The open space is in the same general amount, or a greater amount; or,

3.

The roads follow approximately the same course, have the same or greater width, have the same public or private rights therein.

H.

Expiration of time limits provided in ordinance creating a PUD.

1.

Development actions required by the ordinance creating a PUD shall be taken within one (1) year of the date of enactment, or, due to the project's size and complexity, other time limits set by the Flagler County Commission. If such time limits expire, the approval of the PUD shall become invalid and the area shall revert back to the previous land use classification. The applicant may request and the commission may grant extensions to the time limits.

2.

The applicant must begin and substantially complete the development of the planned unit within two (2) years from the time of its final approval. If the planned unit is to be developed in stages, the applicant shall submit a development schedule for commencement and completion of each phase for approval by the county commission with his application for development approval.

3.

The applicant must begin and complete the development of each phase according to the approved development schedule.

4.

No time extension will be granted by the county commission if the project is considered not to be an ongoing PUD. An ongoing PUD is one in which substantial and good faith progress has been shown by conducting construction activities in a regular continuing and orderly manner designed to meet the approved development schedule dates.

5.

Determination by the county commission that the PUD is not ongoing will be considered cause for revocation of the PUD approval for development.

A.

Site development plans. Following the enactment of an ordinance creating a PUD, a detailed site development plan shall be submitted to the technical review committee prior to the start of construction. The technical review committee shall review the site development plan to determine compliance with county development ordinances and consistency with the Flagler County Comprehensive Plan. The site development plan shall then be reviewed by the planning board. The planning board will recommend approval or denial to the Flagler County Commission. The Flagler County Commission will make the final decision for approval or denial on the plan. Where the PUD is to be phased, the site development plan submitted may be for only that portion for which construction is pending.

B.

Submittal requirements. The site development plan and any necessary supporting documents or exhibits shall contain the following information:

1.

The applicant shall meet with the development administrator, county engineer, and county attorney to review the proposal prior to the submittal of all application materials. The development administrator, county engineer and county attorney may request additional plans, maps, studies, and reports as they may reasonably require to make a recommendation on the proposal to the county commission.

2.

A PUD master plan at an appropriate scale for presentation, showing and/or describing the following:

(a)

Proposed land uses and their location and acreage;

(b)

Lot sizes, indicated by lot lines drawn on their proposed location or by a statement noted on the face of the master plan concerning lot sizes, including minimum lot sizes proposed;

(c)

Building setbacks defining the distance buildings will be set back from:

1.

Surround property lines;

2.

Proposed and existing streets;

3.

Other proposed buildings;

4.

The centerline or banks of rivers, streams and canals;

5.

The high-water line of freshwater lakes, mean high-water line for saltwater;

6.

The coastal setback line unless the FDNR has issued a permit for construction seaward of the coastal construction control line;

(d)

Maximum height of buildings;

(e)

The number and type of residential units proposed, their general site distribution, average density and price ranges;

(f)

Proposed floor area ratios and maximum ground coverage for nonresidential uses;

(g)

A table showing acreage for each category of land use;

(h)

Vehicular, pedestrian and mass transit peakhour vehicular traffic movement throughout the property, and indicating its point(s) of access to or egress from the property (this requirement may be waived by the development administrator when it is determined that the proposed development is of such limited size that it will create no undue volume of vehicular traffic movement);

(i)

Location, character and scale of parking including:

1.

Developed recreation;

2.

Common open space;

3.

Natural areas; and

4.

Screening, buffering and landscaped areas, with estimates of approximate acreage to be dedicated and that to be retained in common or private ownership.

(j)

A topographic map at an appropriate scale showing existing contour lines, including all existing buildings and wooded areas;

(k)

Relation of abutting land uses and land use districts to the proposed planned unit development, including where view protection is an objective, location of principal public viewpoints into or through the proposed planned unit development.

3.

A proposed utility service concept plan, including sanitary sewers, storm drainage, potable water supply, and water supplies for fire protection, including a definitive statement regarding the disposal of sewage effluent and stormwater drainage, and showing general location of major water and sewer lines, plant location, lift stations and indicating whether gravity or forced systems are planned. Size of lines, specific locations and detailed calculations are not required at this stage.

4.

A statement indicating the type of legal instrument that will be created to provide for the maintenance and ownership of common areas.

5.

If applicable, a description of the proposed staging plan shall be submitted indicating, for each project stage:

(a)

The uses, location, floor areas, and residential or other densities to be developed;

(b)

Streets, utilities, and other improvements necessary to serve each proposed project stage;

(c)

The proposed dedication of land to public use, and setting forth anticipated staging and completion dates for each project stage; provided that in lieu of an indication of specific timing, initiation of succeeding stages may be made dependent upon completion of all or substantial portions of earlier stages.

6.

A statement with general information regarding provisions for fire protection.

7.

A statement regarding the contributions which will be made by the developer to local government for facility expansion required as a result of development.

8.

Proposals concerning any restrictive covenants to be recorded with respect to property included in the planned unit development.

9.

Any special surveys, approvals or reports.

10.

Reduced copies of the preliminary master plan, suitable for mailing, must be provided to the planning and zoning director at the time of application.

C.

Approval of development plan. The Flagler County Commission shall review the site development plan for conformance with the ordinance passed under subsection 3.04.02 and with the Standards and criteria of subsection 3.04.04. Action to approve, modify or deny the site development plan shall be taken by the commission within sixty (60) days of receipt of the plan by the commission. Written notice of action to deny the plan shall be given to the applicant within thirty (30) days of the action.

D.

Recording. Upon approval of the site development plan and approval of notification of such action from the county commission, the applicant may present such copies as are required to the Clerk of the Circuit Court of Flagler County for recording. A copy of the site development plan shall also be sent to the planning and zoning director.

E.

Permits required. All construction in the development of a PUD shall proceed only under applicable permits, issued by the building official's office; and no building permit, certificate or other document authorizing construction or occupancy within the PUD shall be issued, except in accordance with the approved development plan.

(Ord. No. 02-02, § 1, 1-22-02)

A.

Waiver of yard, dwelling unit, frontage criteria, and use restriction.. Minimum yard, lot size, type of dwelling unit, height and frontage requirements, and use restrictions may be waived for the PUD, provided the spirit and intent of the ordinance and comprehensive plan is complied with in the total development of the PUD. However, the county commission may, at its discretion, require adherence to minimum zone requirements within certain portions of the site if deemed necessary.

B.

Open space. The open space shall be recorded upon the final development plan of the PUD. The open space shall be permanently utilized for recreation (either active or passive) or as a conservation area. The permanent open space shall be dedicated to a designated government entity, be owned by a community association composed of residents of the PUD, or be held in private ownership. Appropriate legal documents must be filed with the county to assure the permanent utilization of such land as open space or conservation and that it will not be encroached upon by residential, commercial or industrial uses. Only structures, buildings and activities necessary to support the recreational uses of the open space will be permitted.

C.

Access. Access of each single-family dwelling unit shall be provided via either a public right-of-way or a private vehicular or pedestrian way owned by the individual lot owner in fee or in common ownership with the residents of the PUD.

D.

Development standards. All PUD development standards shall be provided by the developer and referenced by PUD ordinance number on the face of the subdivision plat or condominium plat.

A.

Community residential home means a dwelling unit licensed to serve clients of the Florida Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents.

B.

Department means the Florida Department of Health and Rehabilitative Services.

C.

County means unincorporated Flagler County, Florida.

D.

Resident means any of the following:

1.

An aged person: "Aged" means any person aged sixty (60) or over who is currently a resident of the state and who, because of a functional impairment, requires personal assistance with the activities of daily living but does not require nursing home or institutional care.

2.

A physically disabled or handicapped person: "Handicap" means a person has a physical or mental impairment which substantially limits one or more major life activities, or he has a record of having, or is regarded as having such physical or mental impairment.

3.

A developmentally disabled person: "Developmentally disabled" means a disorder or syndrome which is attributable to retardation, cerebral palsy, autism, or spina bifida and which constitutes a substantial handicap that can reasonably be expected to continue indefinitely.

4.

A nondangerous mentally ill person: "Mentally ill" means an impairment of the emotional processes, of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to understand which impairment substantially interferes with the person's ability to meet the ordinary demands of living, regardless of etiology. This does not include simple intoxication or conditions manifested only by antisocial behavior or drug addiction.

5.

A child:

(a)

A "child in need of services" means a child for whom there is no allegation or suspicion of abuse, neglect, or abandonment and who, pursuant to Chapter 39 of the Florida Statutes is found by the court:

(1)

To have persistently run away from his parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services, and treatment offered by the department;

(2)

To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation pursuant to Chapter 232 of the Florida Statutes and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services, and treatment offered by the department; or

(3)

To have persistently disobeyed the reasonable and lawful demands of his parents or legal custodians, and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling.

(b)

A "child who is found to be dependent" means a child who, pursuant to Chapter 39 of the Florida Statutes, is found by the court:

(1)

To have been abandoned, abused, or neglected by his parents or other custodians.

(2)

To have been surrendered to the Department or a licensed child-placing agency for purpose of adoption.

(3)

To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency or the Department, whereupon pursuant to the requirement of Chapter 39 of the Florida Statutes, a performance agreement has expired and the parent or parents have failed to substantially comply with the requirements of the agreement.

(4)

To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption and a natural parent or parents have signed a consent pursuant to Florida Rules of Juvenile Procedure. The signing of the consent shall be prima facie evidence of the voluntary placing of the parent's or parents' child.

E.

Sponsoring agency means an agency or unit of government, a profit or nonprofit agency, or any other person or organization which intends to establish or operate a community residential home.

A.

Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be deemed a single-family unit and a noncommercial residential use. Homes of six (6) or fewer residents which otherwise meet the definition of a community residential home shall be allowed in single-family or multifamily zoning provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such home with six (6) or fewer residents. Such homes with six or fewer residents shall not be required to comply with the notification provisions of this article; provided, however, that the sponsoring agency or the department notifies the county at the time of home occupancy that the home is licensed by the department, and provides an address so that the distance requirement can be determined.

B.

Homes of seven (7) to fourteen (14) residents which meet the definition of a community residential home may be approved as a special exception in the R-3 or O-1 districts only and subject to the following distance requirements. A community residential home that is located within a radius of one thousand two hundred (1,200) feet of another existing community residential home in a multifamily zone shall be an overconcentration of such homes that substantially alters the nature and character of the area and shall not be approved. A community residential home that is located within a radius of five hundred (500) feet of an area of single-family zoning substantially alters the nature and character of the area and shall not be approved.

C.

All distance requirements shall be measured from the nearest point of the existing home or area of single-family zoning to the nearest point of the proposed home.

When a site for a community residential home has been selected by a sponsoring agency in an area zoned for multifamily, the agency shall notify the county administrator in writing and include in such notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of the department indicating the need for and the licensing status of the proposed community residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of the clients in the home. The district administrator shall also provide to the county the most recently published data compiled that identifies all community residential homes in the district in which the proposed site is to be located. The county shall review the notification of the sponsoring agency in accordance with Article III, Zoning District Regulations.

Pursuant to the review under the Article III, Zoning District Regulations the county may:

A.

Determine that the siting of the community residential home is in accordance with its zoning regulations and approve the siting. If the siting is approved, the sponsoring agency may establish the home at the site selected.

B.

Fail to respond within sixty (60) days. If the county fails to respond within such time, the sponsoring agency may establish the home at the site selected.

C.

Deny the siting of the home.

The siting of a community residential home may be denied by the County if it is established that the siting of the home at the site selected:

A.

Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the area.

B.

Does not meet applicable licensing criteria established and determined by the department, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

C.

Would result in such a concentration of community residential homes in the area in proximity to the site selected, or would result in a combination of such homes with other residences in the community, such that the nature and character of the area would be substantially altered.

If agreed to by both Flagler County and the sponsoring agency, a conflict may be resolved through informal independent mediator or may use the mediation process established by the Northeast Florida Regional Planning Council pursuant to Chapter 186 of the Florida Statutes. Mediation shall be concluded within 45 days of a request thereof. The resolution of any issue through the mediation process shall not alter any person's right to a judicial determination under statutory or common law.

A dwelling unit housing a community residential home established pursuant to this section shall be subject to the same local laws and ordinances applicable to other noncommercial, residential family units in the area in which it is established. Nothing in this section shall be deemed to affect the authority of any community residential home lawfully established prior to October 1, 1989, to continue to operate.

Nothing in this section shall permit persons to occupy a community residential home who would constitute an adverse impact to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others.

Whenever the county receives a complaint that residents of a community residential home are not being properly cared for, that licensing standards are not being followed, or that the residents are or may be subject to abuse, neglect or exploitation, the county administrator may file a complaint with the appropriate abuse registry or the pertinent human rights advocacy committee created under Florida Chapter 20, or with the sponsoring agency and the department, pursuant to Florida Statutes 120.69, including judicial enforcement.

Any violation of this article may be enforced by the code enforcement board and the violator may be ordered to pay a civil fine not exceeding two hundred fifty dollars ($250.00) for each day the violation continues past the date set for compliance, and up to five hundred dollars ($500.00) per day for repeat violators, in addition to any applicable criminal penalties.

The following regulations apply to all developments provided for the accommodation of transient recreational vehicles. Travel trailer parks shall be located near an arterial road or street and near a recreational resort or fish resort.

A.

No travel trailer park shall be located, except with direct access to a county, state or federal highway with a minimum lot width of not less than fifty (50) feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district.

B.

The minimum area per park shall be three (3) acres and the minimum area per lot shall be thirty (30) feet in width and sixty (60) feet in length.

C.

Use of spaces in travel trailer parks shall be limited to travel trailers, motor homes and campers with a maximum length, exclusive of hitch, of thirty-five (35) feet and a maximum width of eight (8) feet.

D.

Users of the spaces shall meet all other applicable laws. Spaces shall be rented by the day or week only and an occupant of such space shall remain in the same trailer park for a period of not more than six (6) months.

E.

Management, headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided such establishments shall not occupy more than ten (10) percent of the area of the park.

F.

In addition to meeting the above requirements, the travel trailer park site plan shall:

1.

Be accompanied by a certificate of approval of the county health department;

2.

Comply with Appendix B of the Standard Plumbing Code;

3.

Comply with the development regulations for road improvements.

Within the district permitting motor vehicle service stations, the following requirements shall apply:

A.

Site requirements. A motor vehicle service station shall have a minimum frontage on the primary street of one hundred (100) feet and a minimum area of ten thousand (10,000) square feet. All buildings shall be set back forty (40) feet from all street right-of-way lines and all canopies shall be set back fifteen (15) feet from all street right-of-way lines.

B.

Gasoline pump islands. All gasoline pump islands shall be set back at least twenty (20) feet from the right-of-way lines, or where a future widening line has been established, the setback line shall be measured from such line.

Within the district permitting cemeteries, the following requirements shall apply:

A.

Any new cemetery shall be located on a site containing not less than ten (10) acres.

B.

All graves or burial lots shall be set back not less than forty (40) feet from all right-of-way lines of any public street.

A.

Off-street parking space requirements..

1.

Single and two-family dwellings: Two (2) spaces per dwelling unit.

2.

Multi-family dwellings: One and one-half (1.5) spaces per dwelling unit (one bedroom units); one and three-quarters (1.75) spaces per dwelling unit (two-bedroom units); two (2) spaces per dwelling unit (three (3) bedrooms or more).

3.

Planned unit development: Shall meet the space requirements of that particular occupancy. (Exception: The parking requirements of nonresidential uses in a PUD may be approved by the county commission.)

4.

Mobile home parks and subdivisions: Two (2) spaces per mobile home.

5.

Institutional uses such as sanitariums, rest homes, hospitals, and nursing homes: One (1) space for each two (2) beds plus one (1) space for each employee.

6.

Place of public assembly such as auditoriums, churches, theaters, and recreational facilities: One (1) space for each four (4) seats.

7.

Clubs, lodges, dance, art and music studios and other similar semipublic uses: One (1) space for each two hundred (200) square feet of gross floor area.

8.

Golf courses: Two (2) spaces for each hole plus one (1) space for each two hundred (200) square feet of clubhouse, plus one (1) space for each employee.

9.

Hotels and motels: One (1) space for each sleeping room plus one (1) space per employee for the maximum number on the premises at any time. Additional spaces for accessory uses such as restaurants and lounges shall also be provided to the extent needed to serve the public other than hotel/motel guests.

10.

All commercial uses excepting motels and hotels: One (1) space for each two hundred (200) square feet of gross floor area.

11.

Manufacturing uses: One (1) space for each employee of the maximum number employed on the premises at any one (1) time plus one (1) space for each five thousand (5,000) square feet of gross floor area. The employer must sign an affidavit to the effect that the number of employees will not exceed the maximum number on which parking requirements are based, and that if such number is exceeded, additional parking shall be provided to accommodate the additional employees.

12.

Wholesale/warehouse uses: one space for each one thousand (1,000) square feet of gross floor area.

13.

Office uses: One (1) space for each two hundred (200) square feet of gross leasable floor area.

14.

Medical and dental office uses: One (1) space for each one hundred fifty (150) square feet of gross leasable floor area.

15.

Restaurant/bar use: One (1) space for each fifty (50) square feet of gross seating area, plus one (1) space for each employee per shift.

16.

Shopping center: Five (5) spaces per one thousand (1,000) square feet of gross leasable floor area.

17.

Adult congregate living facility: One (1) space for each unit plus one (1) space for each full-time employee.

18.

Rental warehouses: Calculations to be based on square footage of office (1 per 300 square feet) plus warehouse (1 per 1,000 square feet). Minimum number per rental unit = three (3) spaces. The employer must sign an affidavit to the effect that the number of employees will not exceed the maximum number on which parking requirements are based, and that if such number is exceeded, additional parking shall be provided to accommodate the additional employees.

19.

Service station: One (1) space per one hundred fifty (150) square feet of gross floor area devoted to sales plus sufficient area to accommodate vehicles at pumps without interfering with other parking, plus one space for each employee.

B.

Design standards for off-street parking..

1.

Minimum size parking space. The minimum size of each parking space required under Section 3.06.04 shall be one hundred eighty (180) square feet with minimum dimensions of nine (9) by twenty (20) feet. The front of a motor vehicle may encroach into any landscaped area a maximum of two (2) feet provided that said area is a minimum of four (4) feet in width for each abutting parking space and properly protected by wheel stops or curbs. Two (2) feet of the required parking space depth may extend from the face of the wheel stop or curb into the landscaped area.

2.

Drainage. Offstreet parking and loading space areas shall be drained to prevent damage to abutting property and/or public street and alleys, and, where more than two off-street parking spaces are required, they shall be surfaced with concrete, paver block or asphalt materials meeting the requirements of the Subdivision Regulations.

3.

Entrances and exits. Landscaping, curbing or other barriers shall be provided along lot boundaries to control entrance and exit of vehicles. The design of the parking area shall be such that motor vehicles are neither required or encouraged to back into a public street.

4.

Screening. See Article V Other Development Design and Improvement Standards, Section 5.01.00 Landscaping and buffer yard requirements.

5.

Plans. All parking and landscaping plans shall be subject to site plan review.

6.

Change of use for new or existing buildings and structures. Whenever a change of use occurs, not involving structural enlargement, so that the available parking space is less than the minimum required, additional parking spaces shall be provided so as to comply with such requirements in this section.

7.

Deviation from parking area surface requirements. Subsection (b)(2) sets forth the pavement requirements for all offstreet parking areas. Where the County Commission determines that it is in the best public interest to allow alternative parking area surfaces for offstreet parking areas based on environmental and development conditions and/or occasional use characteristics (such as overflow parking), the county commission may grant a parking area surface deviation. The total parking area surface deviation granted shall not exceed twenty-five (25) percent of the required offstreet parking spaces of section 3.06.04.

8.

Alternative parking area surfaces. Offstreet parking areas that are not provided with the type of surface specified in subsection (b)(2) shall be graded and surfaced with crushed stone, gravel, or shell material approved by the County Engineer to provide a surface that is stable and will reduce dust and erosion. The perimeter of such parking areas shall be defined by bricks, stones, railroad ties or similar devices. In addition, whenever such an offstreet parking area abuts a paved street, the driveway leading from such street to such area (or, if there is no driveway, the portion of the vehicle accommodation area that opens onto such streets) shall be paved as provided in subsection (b)(2) for a distance of twenty (20) feet back from the edge of the paved street. This subsection shall not apply to single-family or two-family residences. The design of the alternative parking areas shall be approved by the county engineer.

9.

Parking space markings. Parking spaces in areas surfaced in accordance with subsection (b) shall be appropriately demarcated with painted lines or other markings. Parking spaces in areas surfaced in accordance with subsection (d) shall be demarcated with railroad ties or concrete curb stops.

10.

Parking area maintenance. Offstreet parking areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, parking area surfaces shall be kept in good condition (free from potholes, etc.) and parking space lines, curb stops and markings shall be clearly visible.

C.

Offstreet automobile parking.

1.

Offstreet automobile storage or parking space shall be provided on every lot on which any permitted or special exception is established in accordance with subsection 3.06.04 of this section.

2.

The term "offstreet parking space" shall mean a space at least nine (9) feet wide and twenty (20) feet in length with a minimum net area of one hundred eighty (180) square feet, excluding area for egress and ingress and maneuverability of vehicles.

3.

Offstreet parking existing at the effective date of this article in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use.

D.

Flexibility in administration of parking requirements.

1.

The county commission recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in subsection 3.06.04 may result in a development either with inadequate parking spaces or parking spaces far in excess of its needs. The former situation may lead to traffic congestion or parking violations in adjacent streets as well as unauthorized parking in nearby private lots. The latter situation wastes money as well as space that could more desirably be used for environmentally useful open space. Therefore, the county commission following review and recommendation from the planning board, may permit deviations from the presumptive requirements of subsection 3.06.04 and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standard set forth in subsection 3.06.04.

2.

Without limiting the generality of the foregoing, the county commission may allow deviations from the parking requirements set forth in subsection 3.06.04 when it finds that:

(a)

A residential development is irrevocably oriented toward the elderly or second home retiree market.

(b)

A business that is primarily oriented to walk-in-trade.

(c)

There are unique circumstances such as environmental concerns or public and semipublic uses including public parks, churches, organizations operating as a nonprofit activity serving a public purpose, noncommercial clubs, cultural activities, etc.

3.

Whenever the county commission allows or requires a deviation from the presumptive parking requirements set forth in subsection 3.06.04, it shall enter into the record the reasons for allowing or requiring the parking deviation. The county commission may require the applicant to reserve a portion of the property in open space for future parking area expansion.

A.

Application. All public, semi-public and special uses not specifically provided for in any planning district or in other provisions of this article shall be subject to the regulations of this article.

B.

Public and semipublic uses. Public and semipublic uses excluding special uses as defined by this Article, may be permitted as follows:

1.

Any public or semipublic uses may be permitted in any land use district provided that the request for such use is officially made to the planning board by the public body or semipublic body desiring such use. The planning board shall determine whether or not such requested use is consistent with the adopted comprehensive plan and whether the use is necessary or desirable to support projected community needs. Public or semi-public uses and structures determined to be consistent with the comprehensive plan and necessary or desirable may be located in any land use district upon recommendation of the planning board, based in part on the submittal of a site plan showing site alterations, improvements to be made, and proposed buffers and conceptual landscaping plans. The site plan need not be engineered. The permitted location of public or semi-public uses or structures shall be such as not to be injurious to the health, safety and welfare of the public and shall protect the existing character of the surrounding properties or neighborhoods. The planning board shall consider the impact of the proposed use on land development patterns, on important natural resources, and, where applicable, the cost effectiveness of service delivery. The planning board also shall determine whether the proposed use will impose any substantial detrimental effects on the living or working conditions in the neighborhood. If approved, the planning board shall specify any requirements or conditions in the form of natural buffers, screening, landscaping, limited access or limited hours of operation or other site development restrictions that may be imposed by the planning board to protect the health, safety and welfare of the public or surrounding property owners. The planning board's recommendation, and the reasons therefor, shall be forwarded to the county commission for its review and decision.

2.

Public or semipublic uses existing at the time of the effective date of this article and as indicated on the Land Use Map of 1985 are hereby legally established as conforming public and semipublic uses. Modifications that involve additional structures or improvements on existing or approved sites shall require site plan review by the planning board. Expansion of public or semi-public uses which include additional land shall require reapplication and meet all requirements under this section 3.06.05.

C.

Special uses. Special uses may be permitted as follows:

1.

Essential public and private utility installations may be permitted in any land use district. Essential utility services are hereby defined as installations which distribute water, sewer, gas, telephone, electricity, stormwater runoff, cable TV and similar utility services, but excluding major installations such as electrical or gas generating plants, water and sewage treatment plants, and other similar major installations (see subsection 3.05.05C.2). Any such installations shall be reviewed and approved by the county engineering department and shall be subject to any applicable present or future ordinances governing use of the county right-of-way.

2.

Major utility installations, including telephone and telegraph buildings over 1,000 square feet, electric transmission lines exceeding 115KV, natural and artificial gas production plants, radio and television stations and towers, water and sewer treatment plants, rapid infiltration basins, off-site potable water storage tanks, sewage and sludge disposal sites, electronic transmissions towers, wellfield installations and such similar major utility installations, may be permitted in any district, provided that application is made to the planning board for its review and recommendations to the county commission.

3.

Transportation terminals, including bus, railroad, air and water facilities, may be permitted in any nonresidential district, provided that such application is made to the planning board for its review and recommendations to the county commission.

4.

Major utility installations and transportation facilities identified in paragraphs [subsections] 2 and 3 above may be permitted providing that the request for such use is officially made to the planning board by the public or private utility or carrier desiring such use. The planning board shall determine whether or not such requested use is consistent with the adopted comprehensive plan and whether the use is necessary or desirable to support projected community needs. Major utility installations and transportation facilities determined to be consistent with the comprehensive plan and necessary or desirable may be located in an appropriate land use district upon recommendation of the planning board, based in part on the submittal of a site plan showing site alterations, improvements to be made and proposed buffers and conceptual landscaping plans. The site plan need not be engineered. The permitted location of major utility installations and transportation facilities shall be such as not to be injurious to the health, safety and welfare of the public and shall protect the existing character of the surrounding properties. The ability of the site to properly accommodate the proposed facility and the opportunity to locate the facility within the development which it is to serve may also be taken into consideration at the discretion of the planning board. The planning board shall consider the impact of the proposed use on land development patterns, on important natural resources, and, where applicable, the cost effectiveness of service delivery. The planning board also shall determine whether the proposed use will impose any substantial detrimental effects on the living or working conditions in the neighborhood or materially reduce the economic value of surrounding neighborhood properties. The planning board will have the flexibility to recommend requirements or conditions in the form of significant natural buffers, screening, landscaping, limited access, security fencing or other site development design criteria that may be imposed to protect the health, safety and welfare of the public or surrounding property owners. The planning board recommendations and the reasons therefor shall be forwarded to the county commission for its review and decision.

5.

Special uses existing at the time of the effective date of this article and as indicated on the Land Use Map of 1985 are hereby legally established as conforming special uses. Expansion of conforming special uses and conforming buildings on existing or approved sites shall require site plan review by the planning board and county commission. Expansion of special uses which include additional land shall require reapplication and meet all requirements under this section 3.06.05.

D.

Lot and building requirements. All public, semipublic and special uses shall meet the lot and building requirements of the district in which they are located.

E.

Procedures for public, semi-public use and special uses.

1.

Request application. A request for a hearing before the planning board for a public, semi-public use or special use requiring planning board review shall be made as follows:

(a)

A completed application form shall be filed with the planning director. Such application shall state the pertinent facts on which the request is based. For special uses, the application must be accompanied by a "Certificate of Need" statement which demonstrates the need for the proposed facility.

(b)

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the planning director. Such site plan shall include, as a minimum, the following:

(1)

Lot dimensions with property line monuments located thereon.

(2)

Location and size of existing and proposed structures.

(3)

Easements (public and private), water courses, wetlands, existing and proposed fences, street names, and street right-of-way lines and such information regarding abutting property, as directly affects the application.

2.

Planning board hearing.

(a)

The planning director shall schedule a hearing before the planning board to consider the application. In no event shall such hearing be scheduled more than forty-five (45) days from the date of a complete application unless proper notice has not been made.

(b)

The hearing provided for under this section shall be for the purpose of reviewing relevant information from the applicant regarding the requested public, semi-public or special use. The planning board shall also review written and/or oral comments from the public in accordance with its established procedures.

(c)

The planning board shall determine whether sufficient factual data was presented in order to render a decision. If the planning board determines that sufficient factual data was presented, then it shall recommend to either:

(1)

Approve the request as submitted;

(2)

Approve the request with conditions; or

(3)

Disapprove the request.

If the planning board determines that sufficient factual data was not presented, the planning board may direct the applicant to supplement its application. At its option, the planning board also may hire an independent consultant to study the issue and provide factual data. The planning board may continue the hearing until the next scheduled meeting to allow for the preparation of such factual data unless it extends the time for good cause shown on the record. Only one (1) such continuation shall be allowed for each requested public, semi-public or special use application unless good cause is found by the planning board on the record.

3.

County commission hearing.

(a)

The planning director shall schedule a hearing before the county commission to consider the application. In no event shall such hearing be scheduled more than forty-five (45) days from the date of the planning board decision unless proper notice has not been made.

(b)

The hearing provided for under this section shall be for the purpose of reviewing relevant information from the applicant regarding the requested public, semi-public or special use. The county commission shall also review written and/or oral comments from the public in accordance with its established procedures. The planning director, during the course of the hearing, shall inform the county commission of the record, proceedings, and recommendation of the planning board regarding the application. The commission shall utilize the same substantive standards provided in this article for the planning board.

(c)

At the conclusion of the hearing provided for under this section, the commission shall determine whether sufficient factual data was presented in order to render a decision. If the county commission determines that sufficient factual data was presented, then it shall either:

(1)

Approve the request as submitted;

(2)

Approve the request with conditions; or

(3)

Disapprove the request.

If the commission determines that sufficient factual data was not presented, the commission may direct the applicant to supplement its application. At its option, the commission also may hire an independent consultant to study the issue and provide the factual data. The commission may continue the hearing until the next scheduled meeting to allow for the preparation of such factual data unless it extends the time for good cause shown on the record. Only one (1) such continuation shall be allowed for each requested public, semi-public or special use application unless good cause is found by the commission on the record.

4.

Reserved.

F.

Special siting criteria for telecommunication towers.

(1)

The Board of County Commissioners of Flagler County has, on numerous occasions and with increasing frequency, been confronted with requests to site telecommunication towers. Prior to the adoption of these regulations, no specific regulations existed to address recurrent issues related to siting telecommunication towers. Accordingly, the board of county commissioners finds that the promulgation of policies for siting telecommunication towers is warranted and necessary:

(a)

To direct the location of telecommunication towers in unincorporated Flagler County;

(b)

To protect residential areas, regional natural resource parks and other land uses from potential adverse impacts of telecommunication towers;

(c)

To minimize potential adverse visual impacts of telecommunication towers through careful design, siting and landscape screening;

(d)

To accommodate the growing need for telecommunication towers, particularly after the adoption of the Federal Telecommunications Act of 1996;

(e)

To promote and encourage shared use/co-location of existing and new telecommunication towers as a primary option rather than construction of additional single-use towers;

(f)

To consider the public health and safety impact of telecommunication towers; and

(g)

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(2)

All new telecommunication towers in unincorporated Flagler County shall be subject to these regulations and all other applicable regulations.

(3)

All telecommunication towers existing on the effective date of these regulations shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such existing towers, including replacement with a new tower of like construction and height. Replacement towers which exceed the height of the existing tower shall be subject to these regulations. New construction other than routine maintenance on an existing telecommunication tower shall comply with the requirements of this section.

(4)

Telecommunication towers and antennas shall be regulated and permitted pursuant to this section, which shall be interim until such time as the county further refines the standards.

(5)

For purposes of implementing this section, measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array (see Tables 1 and 2).

(6)

For purposes of implementing this section, a telecommunication tower that has received county approval in the form of either a special use or building permit, but has not yet been constructed, shall be considered an existing tower so long as such approval is current and not expired.

(7)

Definitions.

(a)

Antenna. Any exterior apparatus, designed to transmit and/or receive communications authorized by the Federal Communications Commission (FCC).

(b)

Break point. The location on a communication tower of a designed feature which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.

(c)

Camouflaged tower. Shall mean a telecommunication tower designed to unobtrusively blend into the existing surroundings and be disguised so as to not have the appearance of a telecommunication tower. Such structures shall be considered telecommunication towers and not spires, belfries, cupolas, or other appurtenances usually required to be placed above the roof level for purposes of applying height limitation. It is recognized that due to the height, such structures must be designed with sensitivity to elements such as building bulk, massing, and architectural treatment of both the telecommunication tower and surrounding development. Camouflaged towers on developed property must be disguised to appear as either a part of the structure housing, a principal use, or an accessory structure that is normally associated with the principal use occupying the property. Camouflaged towers developed on unimproved property must be disguised to blend in with existing vegetation.

(d)

Major electric transmission corridor. An electric transmission line exceeding 115 k.v.

(e)

Regional natural resource park. A federal, state or county owned natural resource park of five hundred (500) acres or more and involving the preservation of natural features and/or local and state historical resources.

(f)

Telecommunication tower. AM/FM radio, television, microwave and cellular telephone transmission tower, antennas and accessory equipment and buildings. A telecommunication tower's use shall comply with the following supplementary use standards. If this section prohibits a government-owned tower from being located at a specific site and the tower is required to protect the public welfare or safety, the applicable criteria of this section may be waived or modified by the board of county commissioners. In such cases, the board of county commissioners shall make findings of fact indicating the justification for the modification. The term "telecommunication tower" shall not include towers utilized by amateur radio operators licensed by FCC or TV antennas for single-family dwellings.

(8)

Performance standards.

(a)

Telecommunication tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Telecommunication towers shall comply with the minimum setback requirements of the district in which they are located and with major street setbacks as established. In cases where there is a conflict between the minimum setback requirements and the major street setbacks, the greater setback shall apply.

(b)

For towers located in planned unit developments (PUDs), the setback requirements shall be the same as required for the parcel.

(c)

Telecommunication tower separation shall be measured from the base of the tower to the closest point of off-site uses or zoning designated lands as specified in the following table:

_____

Table 1.
Telecommunication Tower Separation from Nearest Off-Site Uses/Zoning Designated Lands

1—Includes modular homes and mobile homes used for living purposes.

2—Separation measured from base of tower to closest property line of the off-site residential use.

3—Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

_____

(d)

Separation distances between telecommunication towers shall be applicable for, and measured between, the proposed tower and those towers that are existing and/or have received Flagler County land use or building permit approval after February 10, 1997 (the effective date of these regulations). The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as follows:

_____

Table 2.
Separation Between Existing Towers By Type

_____

(e)

Inventory of existing sites. Each applicant for a tower and/or antenna shall provide to the planning department an inventory of existing towers within two (2) miles of the proposed site that are within the jurisdiction of Flagler County or within one-quarter (¼) mile of the border thereof, including specific information about the location, height and design of each tower. The planning department may share such information with other applicants applying for special use permits under this ordinance [subsection] or other organizations seeking to locate antennas within Flagler County, provided however that the planning department is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(f)

The separation distances between telecommunication towers as set forth in Table 2, Existing Towers By Type, shall not be applicable to those telecommunication towers located on property zoned I-Industrial. It is deemed appropriate and desirable for future telecommunication towers to be located within "industrial parks" or properties zoned I-Industrial and to encourage shared use and co-location of towers.

(g)

Height restrictions and method of determining tower height. The maximum height of communication towers shall be:

1.

In all residential districts:

a.

If constructed for a single user, up to ninety (90) feet in height; and

b.

If constructed for two (2) or more users, up to one hundred fifty (150) feet in height.

2.

In all other zoning districts:

a.

If constructed for a single user, up to one hundred fifty (150) feet in height;

b.

If constructed for two (2) users, up to two hundred fifty (250) feet in height;

c.

If constructed for three (3) or more users, up to three hundred (300) feet in height.

A telecommunication tower shall be considered to be constructed for more than one (1) user if (1) it is constructed so as to provide sufficient excess capacity over the initial single user loading for one (1) or more additional comparable users and (2) the applicant consents in writing with the county to permit one (1) or more additional comparable communication providers to use the proposed tower "where feasible" and subject to "reasonable terms."

Measurement of communication tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the tower site.

(h)

Illumination. Telecommunication towers shall not be artificially lighted except to ensure human safety or as required by the Federal Aviation Administration. At time of construction of the telecommunication tower, in cases where there are residential uses located within a distance which is three hundred (300) percent of the height of the tower from the tower, dual mode lighting shall be requested from the FAA.

(i)

Finished color. Telecommunication towers, except to the extent required by the FAA, shall be painted in a noncontrasting forest green the first fifty (50) feet in height and either a galvanized finish or noncontrasting blue or gray finish for the remaining tower height over fifty (50) feet.

(j)

Structural design. Telecommunication towers shall be constructed to the EIA/TIA 222-E Standards, as published by the Electronic Industries Association, and as may be amended from time to time, and all Flagler County Construction/Building Codes, as they may be amended from time to time. Further, any improvements and/or additions (i.e. antenna, satellite dishes, etc.) to existing telecommunication towers shall require submission of site plans, sealed and verified by a professional engineer, which demonstrate compliance with the EIA/TIA 222-E Standards and Flagler County Construction/Building Codes in effect at the time of said improvement or addition.

(k)

Fencing. A chain link fence or wall not less than eight (8) feet in height from finished grade shall be provided around each telecommunication tower. Barbed wire or appropriate anti-climbing devices shall be used along the top of the fence or wall to preclude unauthorized access. Access to the tower shall be through a locked gate.

(l)

Landscaping. The visual impact of a telecommunications tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of telecommunication towers shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the planning and zoning director for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, the use of existing vegetation shall be preserved and may be used as a substitute of, or in supplement towards meeting landscaping requirements, provided such existing vegetation provides equivalent land-scaping functions as determined by the planning director.

1.

A row of shade or evergreen trees a minimum of eight (8) feet tall and a maximum of ten (10) feet apart shall be planted around the perimeter of the fence;

2.

A continuous hedge at least thirty (30) inches high at planting, capable of growing to at least thirty-six (36) inches in height within eighteen (18) months, shall be planted in front of the tree line referenced above;

3.

All landscaping shall be of the evergreen variety;

4.

All landscaping shall be xeriscape tolerant or irrigated and properly maintained to ensure good health and viability. Dead plant material shall be replaced within a time period appropriate to the growing season of the species in question, not exceeding ninety (90) days. A violation of the landscape maintenance requirement may be subject to a civil citation in such amounts as the board of county commissioners may prescribe by resolution.

(m)

Variances. Any request to deviate from any of the requirements of this section shall require variance approval from the planning board, and shall conform to the procedures and standards governing variances.

(n)

Abandonment. In the event the use of any telecommunication tower has been discontinued for a period of one (1) year, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the planning and zoning director who shall have the right to request documentation and/or affidavits from the telecommunication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have ninety (90) days to dismantle and remove the tower. After the date for removal without reactivation, any variance and/or special use approval for the tower shall automatically expire. The owner/applicant shall submit an executed removal agreement at time of special use permit application to ensure compliance with these requirements.

(o)

Incentives for co-location of communication licensees (antennas).

1.

A telecommunication tower which co-locates two (2) or more communication licensees (antennas) and which is located in an AC-Agriculture or I-Industrial Zoning District or within an existing major electric transmission corridor shall be exempted from the separation distances for telecommunication towers as set forth in Table 2, Existing Towers By Type, from only those other towers that are located in either the AC-Agriculture or I-Industrial zoning district. A telecommunication tower permitted under this subsection is still required to comply with the separation distances set forth in Table 1, Telecommunication Tower Separation from Nearest Off-Site Uses/Designated Areas. The building permit application to install additional antennas, dishes, or other similar receiving devices shall include certification from an engineer, registered in Florida, indicating that the additional device or devices installed will not adversely affect the structural integrity of the telecommunication tower.

2.

Telecommunication antennas as accessory uses.

a.

Any communication antenna which is not attached to a telecommunication tower shall be a permitted accessory use to any commercial, industrial, professional, institutional, multi-family or utility structure provided that:

1.

The communication antenna does not exceed more than twenty (20) feet above the highest point of the structure;

2.

The communication antenna complies with all applicable FCC and FAA regulations; and

3.

The communication antenna complies with all applicable building codes and laws, rules and regulations.

(p)

Co-location requirements.

1.

Notwithstanding any other provisions of this ordinance [subsection], an applicant for a special use permit and/or variance, or an entity obtaining a development permit to construct a telecommunication tower, shall cooperate with other telecommunication providers in co-locating additional antennas on telecommunication towers permitted or otherwise authorized by Flagler County. Such applicant or permit holder shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not give rise to a substantial technical level impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or substantial financial burden.) Such good faith shall include sharing technical information to evaluate the feasibility of co-location. In the event a dispute arises as to whether an applicant or permit holder has exercised good faith on accommodating other users, the county may require an independent third party technical study at the expense of the applicant.

a.

All applicants shall demonstrate reasonable efforts in developing a co-location alternative for their proposal.

2.

Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of Flagler County that no existing tower or structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

a.

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

b.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

c.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(q)

Aircraft hazard. Telecommunication towers shall not encroach into or through any established, public or private airport approach path, as established by the Federal Aviation Administration (FAA). Each application to construct a telecommunication tower shall include proof of FAA review and/or approval and shall be submitted with each special use application for a telecommunication tower. A building permit for an approved telecommunication tower shall not be issued until FAA approval is obtained.

(r)

Engineer certification. All plans for construction of a telecommunication tower, including foundation plans, shall be certified by an engineer licensed to practice in the State of Florida. The engineer must certify that the telecommunication tower has been designed with a break point feature, which, in the event of tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located.

(s)

Camouflaged tower requirements.

1.

All lattice, guyed and monopole telecommunication towers constructed in any zoning district up to one hundred fifty (150) feet in height shall meet the definition of a camouflaged tower. These towers may be exempt from the finished color requirements of subsection (i), Finished color, when the prescribed colors conflict with the selected camouflaged technique.

2.

All lattice, guyed and monopole telecommunication towers constructed in any zoning district, except the AC Agriculture Zoning District, from one hundred fifty (150) feet to two hundred (200) feet in height shall meet the definition of a camouflaged tower. These towers may be exempt from the finished color requirements of subsection (i), Finished color, when the prescribed colors conflict with the selected camouflaged technique.

(9)

Land use compatibility factors to be considered in granting special use permits.

(a)

Telecommunication towers shall be located and buffered to ensure compatibility with surrounding land uses. To help ensure such compatibility, the following will be considered:

The governing authority shall consider the following factors in determining whether to issue a special use permit, although the governing authority may waive or reduce the burden on the applicant of one (1) or more of these criteria if the governing authority concludes that the goals of this ordinance [subsection] are better served thereby:

1.

Height of the proposed tower as measured according to subsection (8)(g);

2.

Proximity of the tower to residential structures and residential district boundaries;

3.

Nature of uses on adjacent and nearby properties;

4.

Surrounding topography;

5.

Surrounding tree coverage and foliage;

6.

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

7.

Proposed ingress and egress; and

8.

Availability of suitable existing towers and other structures as discussed in subsection (8)(p)2. of this ordinance [subsection].

(10)

Application requirements. In addition to the requirements of section 3.06.05 for special use permit applications, the following is required:

Each application for a special use for a proposed tower shall include, as a minimum, the following information:

(a)

The exact location of the proposed tower on a scaled site plan;

(b)

The maximum height of the proposed tower;

(c)

The color or colors of the proposed tower;

(d)

The location, type and intensity of lighting for the proposed tower;

(e)

The location of the proposed tower, placed on a recent aerial photograph, indicating all adjacent land uses within a radius of five hundred (500) feet from all property lines of the proposed tower locations;

(f)

An appropriate landscape plan meeting the requirements of subsection (8)(l), Landscaping;

(g)

Written documentation of reasonable efforts to co-locate antennas on existing telecommunication towers;

(h)

Proof of FAA review and/or approval and engineer certification of tower construction plans; and

(i)

Other information and data as prescribed by the planning and zoning director to meet the requirements of this section.

(11)

Franchise fees. A franchise fee on gross subscriber revenue shall be paid to Flagler County in the same percentage as is levied upon cable TV franchisees under the county's master cable TV regulatory ordinance or its successor if a telecommunications tower is located on or uses any county public right-of-way. A franchise fee otherwise may be levied as allowed by any future state or federal statute or rule and shall be effective as of the date of such statute or rule in an amount prescribed by such statute or rule. If no fee is prescribed by the statute or rule, the fee shall be in an amount equal to the fee the county receives from cable TV franchisees on gross subscriber revenue.

(Ord. No. 96-14, § 1, 12-2-96; Ord. No. 97-02, § 1, 2-3-97; Ord. No. 97-07, § 1, 4-23-97; Ord. No. 04-22, § 3, 12-20-04)

A.

Applicable districts. The outdoor storage or use of commercial vehicles and recreational vehicles shall be restricted in the R-1b, R-1c and R-1d single-family residential districts and the R-2 two-family residential district. The use restrictions are outlined in the following sections.

B.

Commercial vehicle restrictions. The following types of commercial vehicles are prohibited from outdoor parking (defined as any location on the same lot, paved or unpaved from which seventy-five (75%) percent of the vehicle is visible from adjacent lots, street or waterway, other than a permitted carport) in all residential districts listed in subsection 3.06.06A above:

1.

Any truck greater than one ton capacity (manufacturer's standard) including, but not limited to:

Pick-up trucks.

Flat-bed and stakebed trucks.

Step vans.

Wreckers.

Semitractor/trailer.

2.

Tractors.

3.

Commercial recreational vehicles.

All vehicles shall be in operable condition at all times and, where applicable, shall evidence such condition by display of current State of Florida license plates.

C.

Recreational vehicle restrictions. All non-commercial recreational vehicles, including motor homes, travel trailers, campers, boats, boat trailers or similar vehicles may be parked or stored in the residential districts listed in subsection 3.06.06A, subject to the following regulations:

1.

No recreational vehicle may be parked within any required front or side yard setback area.

2.

Any recreational vehicle parked or stored in a front, side or rear yard shall be screened from adjacent lots, waterways and streets. Approved fences, walls, hedges, trees, other plant materials, landscape treatments or combination of such items shall be used for screening. Any screening shall be no more than six (6) feet in height and provide a visual barrier that is seventy-five (75%) percent or more opaque.

3.

No recreational vehicle shall be parked or stored within any space obstructing any door, window or other entrance to or exit from the dwelling necessary to or serving the health, safety and general welfare of occupants of the dwelling or lot.

4.

Resident owned vehicles may be temporarily parked in the residence driveway for the purpose of repair, maintenance or being prepared for use. However, such temporary parking shall not occur continuously for more than seventy-two (72) hours in any consecutive seven-day period.

5.

For temporary periods, not to exceed seven (7) consecutive days, recreational vehicles owned by guests of the residents of such premises may be parked in residence driveways as far from the street rights-of-way as practicable, but shall in no event be used for overnight lodging.

A.

General requirements.

1.

Walls and fences erected or placed in all districts shall be maintained in good repair and sound structural condition.

2.

Walls and fences erected in any district shall be subject to the vision clearance regulations outlined in subsection 3.02.05 Vision clearance.

3.

A building permit is required to erect any fence or wall over one hundred dollars ($100.00) in value within residential, commercial or industrial districts of Flagler County.

B.

Residential district requirements.

1.

No barbed wire or electrically charged fence shall be erected in any district except in the R-1 (rural residential) and MH-1 (rural mobile home) districts, where such fence is used to contain animals or livestock.

2.

In residential districts walls and fences erected on building sites shall be in accordance with the following criteria:

(a)

Required front yard setback—Shall not exceed four (4) feet in height in the front yard setback.

(b)

Side and rear yards—Shall not exceed six (6) feet in height. Fence posts may be six (6) feet six (6) inches in height.

C.

Commercial and industrial district requirements.

1.

In commercial and industrial districts no fence or wall in excess of six (6) feet in height shall be erected; provided however, that such fence may incorporate an eighteen-inch barbed wire or similar extension above such height.

2.

In no event shall barbed wire be placed so as to project outward over any sidewalk, street or other public way, or over property of an adjacent owner.

3.

Where a property, which is used for commercial or industrial purposes, abuts a property in a residential district, the commercial or industrial building site owner, shall at the time of development, erect and maintain a solid fence or equivalent planting screen, at least (6) feet in height, in order to provide a buffer between the land uses.

(Ord. No. 02-28, § 2, 10-21-02)

A.

General requirements.

1.

Accessory buildings and uses shall be located on a building site occupied by a principal structure.

2.

No detached accessory building shall be located in the front yard setback area.

3.

An accessory building shall not exceed more than twelve (12) feet in height. An accessory building which is constructed to meet the setback requirements of the principal building shall conform to the height restrictions of the district in which it is located.

4.

No accessory building shall be located within any recorded easement.

B.

Setback requirements.

1.

When an accessory building is attached to a principal building by a breezeway, roofed passage or similar structure, it shall be deemed to be part of the principal building and shall maintain the yard setback requirements of the principal building.

2.

Rear yard setbacks. A detached accessory building shall be located at least ten (10) feet from any other building and at least ten (10) feet from any rear lot line.

3.

Side yard setbacks. Unless otherwise stated the minimum side yard setback shall equal the side yard requirements of the district in which it is located.

4.

On corner building lots accessory buildings shall not be located closer than the required street side yard setback line of the residential district in which it is located.

A.

General requirements.

1.

All swimming pools constructed shall conform to the requirements of Section 424.2.17 of the Florida Building Code and the provisions of this section.

2.

Lights used to illuminate any swimming pool shall be arranged and shaded so as to reflect light away from adjoining premises.

B.

Swimming pool and pool screen enclosure setback requirements.

1.

Side yard setbacks. Unless otherwise stated the minimum side yard setback shall equal the side yard requirements of the district in which it is located and outside of any recorded easement inconsistent with the placement of structures. The setback shall be measured from the edge of pool deck.

2.

Rear yard setbacks. The minimum rear yard setback shall not be less than ten (10) feet from the property line and outside of any recorded easement inconsistent with the placement of structures. The setback shall be measured from the edge of pool deck.

3.

Front yard setback. The minimum front yard setback shall equal the front yard requirement of the district in which it is located and further be outside of any recorded easement inconsistent with the placement of structures.

(Ord. No. 03-16, § 2, 9-2-03)

A.

Except as provided in section B., below, within or adjacent to Bulow Creek and its tributaries from its headwaters to the Volusia County line, no dock, boat ramp, boathouse or other water-dependent structure shall be erected, constructed or placed. This prohibition does not apply to viewing platforms that are at least twenty-five (25) feet landward of the stream bank and elevated at least five (5) feet above existing grade. Existing structures that have been duly permitted prior to the effective date of this section may be maintained and repaired but not expanded or enlarged.

B.

After a public hearing and when determined to be in the public interest, the board of county commissioners may authorize public or community use docks on Bulow Creek. The commission may impose reasonable conditions on construction or use. This section shall not affect the right to construct docks that have been authorized pursuant to a development order or agreement which has been previously approved by Flagler County.

(Ord. No. 03-04, § 2, 5-19-03)

A.

Purpose and applicability. The purpose of the A1A Scenic Corridor Overlay (SCO) district is to protect and enhance the natural and man-made environments of this unique and special portion of Flagler County, thereby preserving quality of life and property values within the corridor.

The requirements of this Section shall apply to all parcels or lots adjoining State Road A1A including its right-of-way from the Northern border of the Town of Beverly Beach to the Southern border of the Town of Marineland and also including all parcels or lots adjoining 16th Road east from A1A to the Ocean, Mala Compra Road, Bay Drive and Jungle Hut Road, including subsequent divisions or lot splits of said parcels or lots existing as of December 21, 2001. The sum of this area shall be referred to as the A1A Scenic Corridor for purposes of this section.

The requirements of this section are supplemental to existing zoning regulations within the area defined above. All development must be in compliance with the standards of the underlying zoning district and the additional requirements or relief of the overlay district. In the event of any conflict between the provisions of this section and other requirements of this article, the provisions of this section shall prevail.

B.

Architectural standards. This subsection applies to nonresidential development within the A1A corridor.

1.

Commercial metal buildings shall be prohibited in the A1A Scenic Corridor.

2.

Building lengths along the front dimension of the property may not exceed two hundred (200) feet.

3.

For purposes of this section, a recognized architectural style shall be one which is recognized by design professionals as having a basis in classical, historical or academic architectural design philosophies. The following shall not be considered acceptable architectural styles within the A1A Scenic Corridor:

a.

Corporate signature or commercial prototype architecture.

b.

Any architecture that is exotic and clearly out of character with the A1A community character. Examples of exotic and unacceptable architecture include architecture that does not resemble a typical structure, but resembles out-of-place structures like igloos, tepees, medieval castles, caves and the like; or that resembles an exaggerated plant, animal, fish, edible food or other such item such as giant oranges, ice cream cones, dinosaurs and the like. This subsection shall not apply to public improvements that are consistent with the A1A Corridor Management Plan as interpreted by the Corridor Management Entity.

4.

Accessory structures. These structures shall be similar in style, color, and building material to their principal structures.

5.

Exterior walls. All exterior walls shall be constructed of finished materials such as stucco, natural brick or stone, finished concrete, horizontal wood siding or other similar material including synthetic materials similar in appearance and durability. Exposed smooth concrete block or metal finishes shall not be permitted, except where determined to be an integral feature of a recognized architectural style. For any facade facing a street, parking lot or residential property line, wall planes need to be encouraged punctuated by two (2) or more of the following techniques:

a.

Use of windows of style and proportions in keeping with the chosen architectural style. Retail establishments must incorporate store front windows at pedestrian level where adjacent to streets or interior sidewalks.

b.

Use of ground level arcades or porches.

c.

Use of protected or recessed entries.

d.

Use of vertical elements (including architectural features such as pilasters, columns, canopies, porticos, arcades, colonnades and/or parapets) on or in front of expansive blank walls to interrupt facades into modules of less than sixty (60) feet.

e.

Use of multiple wall plane offsets and projections of at least three (3) feet each.

f.

Retaining a clear distinction between roof, body and base of a building.

6.

Roofs: The use of hip or gable roofs is highly encouraged. Pitches in excess of 6:12 are desirable. The use of dormers, metal roof material, or dimensional shingles help break large roof planes. Flat roofs shall include parapet or partial roofs to provide architectural interest and to screen rooftop equipment when viewed at the property lines from standing height.

C.

Dumpster and waste containers. Dumpster and waste containers shall be screened by a wall or a fence with vegetative screening around it. The vegetative screening shall be installed on at least three (3) sides of the utility equipment, and shall be located outside any wall or fence. Such vegetative screening shall include shrubs which will achieve a height of five (5) feet within one (1) year, planted with a spacing not exceeding five (5) feet on center, or as an alternative, another form of vegetative screening that creates an effective visual screen.

D.

Loading docks. Loading docks in the A1A Scenic Corridor shall be located or constructed at the rear of the building, and shall be oriented as much as possible as to be concealed from adjacent residential uses.

E.

Access standards. The county shall strive to limit new access points to SR A1A through the use of shared access, secondary access between adjacent uses, and reasonable spacing between primary access points. The following standards shall be applied to reduce traffic congestion and safety issues, reduce the amount of pavement in driveways, as well as to reduce the visual impacts of strip development caused by multiple access points.

1.

For corner parcels less than one (1) acre in size, access only from local streets shall be allowed.

2.

A single, multi-use driveway connection to A1A shall be required to serve adjacent commercial uses unless one (1) of the uses is an existing site with a driveway access not located along the joint property line. In cases where such multi-use driveway would result in the removal of a protected tree with a caliper greater than sixteen (16) inches, it need not be located along the joint property line.

3.

Driveway pavement width for access ways shall not exceed twenty-four (24) feet, excluding landscape medians and appropriately designed aprons and needed turn lanes, unless it is determined by the county administrator or his/her designee that wider pavement width is needed to accommodate needed turning radii. Pavement width may exceed twenty-four (24) feet when a curbed median strip with shade trees spaced every twenty-five (25) feet are provided, but driveway lanes may not exceed twelve (12) feet in width excluding appropriately designed aprons and needed turn lanes.

4.

Cross-access. New nonresidential site plans must provide vehicular and pedestrian cross-access to existing and future adjacent development. Cross-access shall take the form of an interconnection between parking lot access aisles located at least fifty (50) feet from the r/w line of A1A for nonresidential sites and at least twenty-five (25) feet from the r/w line of A1A for residential developments. Residential subdivisions must provide vehicular cross-access with adjacent residential subdivisions and pedestrian access to commercial areas.

F.

Parking standards. The following standards shall help to reduce the amount of paved parking areas and visual blight associated with commercial parking needs.

1.

During the site plan review process, the County may allow minimum parking requirements to be reduced by up to twenty-five (25) percent for complementary uses (weekday and evening/weekend uses), when such uses can share their available parking areas, and such parking areas are convenient to the associated uses.

2.

Shell parking or similar approved porous surfaces shall be allowed for uses with less than ten (10) required parking spaces, if it is determined by the county engineering department that such an arrangement will not create significant erosion, drainage, or fugitive dust problems. For uses that require ten (10) or more parking spaces, up to twenty (20) percent of required minimum parking spaces may be porous. All development must have required handicapped spaces as well as aisles and sidewalks to building entrances.

G.

Utility service drops. Utility service drops shall be installed underground and shall be done in a manner, which protects index trees.

H.

Variances. Variances shall be available under the Flagler County Land Development Code, Section 3.07.03 Procedure for variances and special exceptions, provided however, in considering variance applications, consideration and flexibility shall be extended to adjust setbacks, structures and parking in order to preserve an index tree canopy. Further, the provisions of this section are not intended to deprive an applicant from seeking a special exception where not otherwise in conflict with this section.

I.

Relationship to other requirements. This section is supplemental to all other requirements of existing adopted ordinances and codes provided that all portions of codes or ordinances that are in conflict with this section are superseded only in the application and only to the extent of the conflict provided however, that where a provision of this section conflicts with a provision of a previously approved development of regional impact development order, the provision of this section shall not apply.

J.

Vesting. The provisions of this section shall apply to all new construction and any particular use not in existence on any particular lot or parcel on the effective date of this section.

1.

Projects deemed vested.

(a)

Projects having received a building permit prior to the effective date of this section shall be allowed to complete construction under the terms of that permit so long as the permit remains valid.

(b)

Any project having an approved site development plan post adoption of the Land Development Code; or detailed engineering plans, specifications and calculations prepared in accordance with county and other applicable regulations, codes and standards, which sets forth the specific improvements to be made in conjunction with development as they affect the existing site, its boundary conditions, landscaping plans and tree coverage, shall be deemed to be vested.

2.

Vesting under Florida Law. Projects or project plans that would be vested by operation of Florida Law by the preponderance of evidence submitted by the applicant, may be found to be vested under this section by the county administrator.

3.

Determination of vested rights. An Applicant may apply for a vested rights determination under paragraphs J.1.(b) and J.2. above by submitting an application with the following minimum documentation to the county administrator, or a county official as designated by the county administrator:

(a)

The name and address of the applicant, who is or shall be the owner(s) or an authorized agent on behalf of the owner(s). If the property is owned by more than one (1) person, all owners or an authorized agent of the owners shall apply.

(b)

A legal description, deed, and survey of the property in question.

(c)

The name and address of each owner(s) of the property.

(d)

A site or development plan or plat for the property.

(e)

(For J.2. applications only) A memorandum of law specifically citing all applicable law supporting vesting and a description of how each element requirement thereof is met.

(f)

Substantial competent evidence of each fact alleged to support this vesting claim.

(g)

Any other relevant information that the county administrator requests of the applicant.

4.

Basis and burden of proof. The determination of vested rights shall be based upon factual evidence provided to the county administrator or designee. Each vesting determination shall be based on an individual case-by-case basis. The applicant shall have the burden of proof to demonstrate vested rights pursuant to the requirements of Florida law.

5.

Appeals. An appeal of the denial of a vesting determination may be made to the board of county commissioners within thirty (30) days of receipt of written notification to the county administrator. All appeals of vesting determination shall be granted only by the board of county commissioners.

6.

Fees. The board of county commissioners may determine appropriate fees for vesting determinations and appeals; such fees shall be made by board resolution.

(Ord. No. 04-11, § 2, 8-16-04)

This section shall not apply to musical or entertainment festivals governed by Chapter 21 of the Flagler County Code of Ordinances or to the activities specifically permitted in AC agricultural districts.

1.

An outdoor retail sale, which is temporary in nature, and occurs on the same lot or parcel as an approved existing retail business is allowed if:

(a)

In compliance with applicable Flagler County Land Development Code, County Ordinances and Building Code requirements;

(b)

Conducted by the owner or lessee of the premises;

(c)

Limited to the goods and services normally offered by the owner or lessee, or goods and services that are seasonal in nature;

(d)

Consistent with the zoning for that parcel;

(e)

Required access to the premises is not hindered;

(f)

Parking spaces are not reduced to less than the required minimum;

(g)

The total number of temporary outdoor sales per site, lot or shopping center during a calendar year is limited to six (6);

(h)

The maximum time limit per site or lot for holiday sales and all other temporary outdoor sales events shall be sixty (60) days per calendar year. The time limit includes, setup and dismantling of all activities, sales displays, and merchandise and completion of all site clean-up activities; and

(i)

Temporary outdoor sales events are limited to: New Year's, Memorial Day, Fourth of July, Labor Day, Halloween, Thanksgiving and Christmas. The sales event shall only be operated two (2) weeks before to three (3) days after any of the holidays listed above, excepting that temporary outdoor sales shall be permitted throughout the period between Thanksgiving and Christmas.

2.

Penalty. Violation of this section may result in code enforcement action.

(Ord. No. 06-12, § 1, 5-15-06)

A.

Applicability and interpretation.

1.

The following are additional and supplemental requirements to the Flagler County Land Development Code that shall apply to the Marineland Acres special stormwater overlay area.

2.

Overlay area described: The requirements of this ordinance [Ordinance No. 2012-06] shall apply to all land located within the plats of: Marineland Acres, as recorded in Map Book 5, Pages 49—50; First Addition to Marineland Acres, Map Book 5, Pages 54—55; and Second Addition to Marineland Acres, Map Book 5, Pages 60—62, all according to the Public Records of Flagler County, Florida, together with the unrecorded Oceanside Acres subdivision, as described as follows:

A parcel of land being all of the unrecorded Plat Oceanside Acres lying in Government Sections 17 and 39, Township 10 South, Range 31 East, Flagler County, Florida, being more particularly described by a metes and bounds legal description contained in Official Records Book 375, Pages 218—230.

The sum of this area shall be referred to as the Marineland Acres special stormwater overlay area for purposes of this ordinance [Ordinance No. 2012-06].

3.

This section shall not be construed to have the effect of repealing or replacing any existing provision of the Flagler County Code concerning the subject matter of this section, but the regulations established herein shall be supplemental and cumulative. However, in the case of direct conflict with a provision or provisions of any existing code provision, the provision that is more restrictive and imposes higher standards or requirements shall govern.

4.

Unless vested pursuant to Section C, all permit applications for new single family residential dwellings and customary accessory uses, and for all applicable improvements to lots with existing single family residential dwellings that are not part of an approved and permitted master stormwater system, shall comply with the following requirements:

B.

Overlay Standards.

1.

Minimum pervious standards.

a.

The minimum pervious area for each lot in the Marineland Acres special stormwater overlay area shall be sixty (60) percent.

b.

The driveway width in the public right-of-way or private roadway easement shall be limited to a maximum of sixteen (16) feet at the right-of-way/property line, and if applicable, limited to a maximum of twenty (20) feet at the edge of the roadway.

c.

If paved, a driveway pavement joint must be installed at the front property line.

d.

Any structure that prevents or severely restricts the natural percolation of water from the surface of the ground to the water table shall be considered impervious.

e.

Pavers, stone aggregate and other paved surfaces must be factored into the stormwater design analysis and semi-impervious areas shall be considered as seventy-five (75) percent impervious by the engineer in the drainage calculation required below.

f.

Final determinations regarding whether a surface or structure is impervious or semi-pervious shall be made by the county development engineer in his/her sole discretion.

2.

Drainage/stormwater requirements.

a.

On-site stormwater.

i.

On-site stormwater detention shall be provided for all new impervious areas. Lots shall be required to detain on site the volume of stormwater from 2.5 inches of rainfall over the new impervious area. Plans and calculations required pursuant to this ordinance shall be prepared and submitted by a professional engineer licensed in the state of Florida unless it can be demonstrated to the satisfaction of the county development engineer that the plans and calculations otherwise meet the requirements and standards set forth herein. Plans submitted must detail the amount of existing impervious surface located on the site including but not limited to existing structures, paved areas, parking areas, walkways, decks, swimming pools, pavers and the amount of additional impervious area proposed. Stormwater may be detained using swales, detention areas, underground cisterns, and other accepted engineering methods and best management practices as determined by the county development engineer.

ii.

Grading shall be provided which maintains or improves existing surface water flow patterns. Side yard swales shall be required by the county development engineer where appropriate to convey stormwater and prevent adverse impacts to adjacent properties. In such cases, a maximum allowable slope for grading of three horizontal to one vertical (3:1) shall be established. Shared swales between properties may be permitted by the county development engineer in his/her sole discretion.

iii.

Roof gutters are required at all locations where stormwater drains off a roof, unless and within the discretion of the county development engineer, a more effective method of stormwater management of roof run-off is demonstrated that does not have adverse impacts on adjacent properties. The downspouts shall be directed into the detention areas, with the locations approved by Flagler County Development Engineer. No stormwater from gutters are to be directed onto adjacent lots.

iv.

Any structure that prevents or severely restricts the natural percolation of water from the surface of the ground to the water table cannot be used as a water detention facility. This shall include, but is not limited to: swimming pools, spas, ornamental fishponds and/or parking areas, etc.

b.

Off-site/roadway swale stormwater.

i.

All lots are to provide additional detention areas in the public roadway rights of way and private roadway easements (Oceanside Drive), in the form of roadway swales along the front property line in accordance with the following standards; minimum 1.5 feet of depth, minimum two (2) feet of bottom width, maximum 3:1 side slopes. The stormwater volume in these swales are in addition to the amount required to be detained in subsection B.2.a.i above. The roadway swales shall be aligned and connected to any adjacent roadway swales utilizing swale blocks or other discharge controls. The placement of the swale shall allow for a twenty-four (24) feet vehicular travel width for the roadway within the right-of-way.

ii.

The Flagler County Development Engineer has the authority to modify this swale requirement. Final positioning and approval of any specific details of the swale design shall be approved by the county development engineer based on site specific conditions.

iii.

Swale blocks shall be placed to separate the lot detention areas from the front roadway swales. Sod or other drought-resistant vegetative groundcover shall be placed in all disturbed areas, no other landscaping is permitted.

3.

Maintenance. The property owner, following issuance of a certificate of occupancy (CO), shall be responsible for maintaining the onsite stormwater detention areas and the roadside swales between the roadway and the front property line. Such maintenance shall include, but is not limited to, mowing, prevention of erosion and removal of obstructions to the flow of stormwater.

4.

Fill standards.

a.

In all circumstances, proposed fill shall be limited to the minimum amount necessary to provide positive drainage flow and to abide by any applicable flood plain protection and/or state and local regulations. The use of non-structural fill shall be limited to two (2) feet unless it has been demonstrated through appropriate engineering analysis to the county development engineer that the subject fill is otherwise necessary and does not cause any adverse impacts to the structure on site or adjacent properties.

b.

For lots located in a FEMA designated V or VE Special Flood Hazard Areas and Coastal AE Zones new construction or applicable improvements shall be elevated on pilings or columns to raise the finished floor of the structure above the flood elevation. The use of fill for structural support is prohibited in these areas.

c.

For lots located in A or AE Special Flood Hazard Areas on grade finished floor elevation shall be at least twelve (12) inches above and not greater than eighteen (18) inches above the FEMA Base Flood Elevation (BFE) for structural support. Stem wall construction is encouraged to eliminate or minimize fill. In the event that stem wall construction is utilized, the volume of stormwater runoff required to be detained on the lot as calculated pursuant to subsection B.2.a.i above may be reduced five (5) percent.

d.

For lots located in FEMA designated X zones on grade finished floor elevation shall be filled no higher than eighteen (18) inches above the adjacent centerline elevation of the road. Stem wall construction is encouraged to eliminate or minimize fill. In the event that stem wall construction is utilized, the volume of stormwater runoff required to be detained on the lot as calculated pursuant to subsection B.2.a.i above may be reduced five (5) percent.

5.

Lot clearing. For a vacant lot, land clearing shall not be permitted except in conjunction with the issuance of a permit to construct a single family residence on the lot.

6.

Tree preservation credit.

a.

The volume of stormwater runoff required to be detained on the lot as calculated pursuant to subsection B.2.a.i above may be reduced one (1) percent for every index tree species preserved on the lot that is a minimum caliper of three (3) inches dbh and for every wax myrtle preserved on the lot that is a minimum of six (6) feet tall, two (2) inches caliper, with a crown spread of five (5) feet. Preservation of scrub species and native vegetation are highly encouraged.

b.

The maximum cumulative reduction of stormwater volume detained on site may not exceed ten (10) percent of the required volume.

c.

The credit will be determined by the county development engineer based upon the index trees being preserved through the issuance of a certificate of occupancy and adequate safeguards being provided for tree protection after construction.

7.

Setbacks.

a.

The minimum side yard setback shall be ten (10) feet from interior property lines to accommodate side yard drainage swales unless the county development engineer determines that the swale is not necessary.

b.

All accessory structures shall be set back a minimum of ten (10) feet from all side and rear property lines and may not be placed within any recorded easement.

c.

All impervious and semi-impervious areas shall be set back a minimum of ten (10) feet from all side and rear property lines.

C.

Penalties and remedies. Any person violating any provision of this overlay shall be subject to the penalties and remedies provided for in section 3.09.01. and 3.09.02. of the Land Development Code.

(Ord. No. 2012-06, § B1., 7-16-12)

A.

Applicability. This section shall apply to short-term vacation rental as a commercial business, as defined in section 3.08.02, of a single-family dwelling and a two-family dwelling. This section shall not apply to short-term vacation rentals within a multi-family residential building, or a group of multi-family residential buildings, which includes three (3) or more individual dwelling units within such building or group of buildings. This section shall also not apply to unincorporated areas west of U.S. Highway 1 and to any facilities that are occupied on a full-time basis by the owner as an on-premises permanent resident.

B.

Short-term vacation rental minimum requirements. Short-term vacation rentals shall be permitted in all residential zoning districts provided they are in compliance with this section. No person shall rent or lease all or any portion of a dwelling unit as a short-term vacation rental as defined in section 3.08.02 without initially and then on a continuing basis:

1.

Obtaining a short-term vacation rental certificate from Flagler County pursuant to this section;

2.

Obtaining a business tax receipt from Flagler County pursuant to chapter 19 of the Code of Ordinances;

3.

Obtaining a Florida Department of Revenue certificate of registration for purposes of collecting and remitting tourist development taxes, sales surtaxes, and transient rental taxes;

4.

Obtaining a Florida Department of Business and Professional Regulation license as a transient public lodging establishment; and

5.

As demonstrated through an affidavit, maintaining initial and ongoing compliance with the Short-term Vacation Rental Standards contained herein, plus any other applicable local, state, and federal laws, regulations, and standards to include, but not be limited to, Chapter 509, Florida Statutes, and Rule Chapters 61C and 69A, Florida Administrative Code or such successor statutes or Rules as may be applicable.

C.

Short-Term Vacation Rental Standards. The following Standards shall govern the use of any short-term vacation rental as a permitted use:

1.

Minimum life/safety requirements:

a.

Swimming pool, spa and hot tub safety. A swimming pool, spa or hot tub shall comply with the current standards of the Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes.

b.

Sleeping rooms. All sleeping rooms shall meet the single- and two-family dwelling minimum requirements of the Florida Building Code.

c.

Smoke and carbon monoxide (CO) detection and notification system. If an interconnected and hard-wired smoke and carbon monoxide (CO) detection and notification system is not in place within the short-term vacation rental unit, then an interconnected, hard-wired smoke alarm and carbon monoxide (CO) alarm system shall be required to be installed and maintained on a continuing basis consistent with the requirements of Section R314, Smoke Alarms, and Section R315, Carbon Monoxide Alarms, of the Florida Building Code — Residential.

d.

Fire extinguisher. A portable, multi-purpose dry chemical 2A:10B:C fire extinguisher shall be installed, inspected and maintained in accordance with NFPA 10 on each floor/level of the unit. The extinguisher(s) shall be installed on the wall in an open common area or in an enclosed space with appropriate markings visibly showing the location.

e.

Battery powered emergency lighting of primary exit. Battery powered emergency lighting which provides illumination automatically in the event of any interruption of normal lighting shall be provided for a period of not less than one (1) hour to illuminate the primary exit. For purposes of this requirement, short-term vacation rentals with Short-Term Vacation Rental Certificates issued prior to the enactment of the ordinance providing for the codification of this standard shall have until December 31, 2016 to receive an inspection (as part of the renewal of the initial certificate) to demonstrate compliance with the emergency lighting standard.

2.

Maximum occupancy. The following specific site considerations in subsections a., b., and c. shall limit any short-term vacation rental occupancy to whichever is less, but not to exceed the permitted maximums provided in subsections d. or e., as applicable, below:

a.

One (1) person per one hundred fifty (150) gross square feet of permitted, conditioned living space; or

b.

The maximum number of occupants allowed shall be restricted in accordance with any septic tank permit and the assumed occupancy/conditions the permit was issued under by the Flagler County Health Department; or

c.

Two (2) persons per sleeping room, meeting the requirements for a sleeping room, plus two (2) additional persons that may sleep in a common area.

d.

In the R-1, R-1b, R-1c, R-1d, R-2, MH-1, MH-2, and R/C zoning districts and any PUD development or specific portion thereof developed as a single- or two-family neighborhood, the maximum occupancy shall be limited to ten (10) occupants per short-term vacation rental unit.

e.

In all other zoning districts and developments predominantly developed with greater than two-family dwelling units, the maximum occupancy shall be limited to sixteen (16) transient occupants per short-term vacation rental unit.

3.

Parking standard. Based on the maximum short-term transient occupancy permitted, minimum off-street parking shall be provided as one (1) space per three (3) transient occupants. Garage spaces shall count if the space is open and available and the transient occupants are given vehicular access to the garage. On-street parking shall not be permitted.

4.

Solid waste handling and containment. Based on the maximum transient occupancy permitted, one (1) trash storage container shall be provided per four (4) transient occupants or fraction thereof. Appropriate screening and storage requirements for trash storage containers shall apply per any development approval or local neighborhood standard, whichever is more restrictive, and be incorporated into the Certificate. For purposes of this section, a trash storage container shall be a commercially available thirty-five (35) gallon or greater capacity container with a lid that securely fastens to the container so as to prevent spills and animal access, with the container to be placed at curbside on the day of solid waste pickup and to be removed from curbside no later than sunrise the following day.

5.

Minimum short-term vacation rental/lease agreement wording. The short-term vacation rental/lease agreement shall contain the minimum information as provided for in subsection 3.06.14.H.

6.

Minimum short-term vacation rental information required postings. The short-term vacation rental shall be provided with posted material as required by Flagler County as prescribed in subsection 3.06.14.1.

7.

Minimum short-term vacation rental lessee information. The short-term vacation rental lessee shall be provided with a copy of the information required in subsection 3.06.14.H.

8.

Designation of a short-term vacation rental responsible party capable of meeting the duties provided in subsection 3.06.14.G.

9.

Septic tank wastewater disposal. If wastewater service is provided through a private home septic system, then the owner shall provide Flagler County a valid Health Department septic permit and the application it is based upon for the property, demonstrating the capacity for the short-term vacation rental occupancy requested.

10.

Advertising. Any advertising of the short-term vacation rental unit shall conform to information included in the Short-Term Vacation Rental Certificate and the property's approval, particularly as this pertains to maximum occupancy.

11.

Other standards. Any other standards contained within the Flagler County Land Development Code to include but not be limited to: noise, setbacks, stormwater, and similar provisions.

D.

Short-Term Vacation Rental Certificate. To verify compliance with these short-term vacation rental standards, any property owner who wishes to use his or her dwelling unit as a short-term vacation rental must first apply for and receive a Short-Term Vacation Rental Certificate from Flagler County, and renew the certificate annually for as long as the unit is used as a short-term vacation rental. Each dwelling unit used as a short-term vacation rental requires a separate Short-Term Vacation Rental Certificate. An annual certificate fee shall be paid for each dwelling unit certified as a short-term vacation rental, in an amount to be determined by resolution of the board of county commissioners, to cover the costs of administration of the Certificate and inspection program. Failure to comply with any of the requirements of this section shall be subject to the remedies and enforcement provided in subsection 3.06.14.K.

E.

Application for a Short-Term Vacation Rental Certificate. Each property owner seeking initial issuance of a Short-Term Vacation Rental Certificate, renewal, transfer, or modification of a Short-Term Vacation Rental Certificate, shall submit a Flagler County Short-Term Vacation Rental application in a form specified by the county, along with an application fee in an amount to be determined by resolution of the board of county commissioners. The initial Short-Term Vacation Rental Certificate shall be valid through December 31, 2016.

1.

A complete application for the initial or modification of a Short-Term Vacation Rental Certificate shall demonstrate compliance with the Short-Term Vacation Rental Standards above through the following submittals:

a.

A completed application and applicable fees.

b.

Exterior site sketch. An exterior sketch of the facility demonstrating compliance with the Standards contained herein shall be provided to the county. The sketch shall be drawn to scale, showing all structures, pools, fencing, and uses, including areas provided for off-street parking and trash collection. For purposes of the sketch, off-street parking spaces will be delineated so as to enable a fixed count of the number of spaces provided; however, no parking shall be permitted within a public right-of-way or private roadway tract.

c.

Interior building sketch by floor. A building sketch(s) shall be provided by floor showing a floor layout and demonstrating compliance with the Standards contained herein. The sketch shall be drawn to scale, showing all bedrooms and sleeping areas, exits, smoke and carbon monoxide detectors, and fire extinguishers etc.

d.

Required short-term vacation rental postings. Copies of required postings shall be provided.

e.

A draft short-term vacation rental/lease agreement showing required lease terms - A blank sample to be provided.

f.

A health department septic tank permit and the application on which the permit is based, if applicable.

g.

Any other required information necessary to demonstrate compliance with the Short-Term Vacation Rental Standards herein.

2.

Certificate renewals or transfers. The application for renewal or transfer of a Short-Term Vacation Rental Certificate shall demonstrate compliance with the following:

a.

If no changes have occurred since the issuance of the most recent Short-Term Vacation Rental Certificate, then no additional submittals are required to accompany the renewal/transfer Short-Term Vacation Rental Certificate application except as subsection 3.06.14.E.2.b below may be applicable.

b.

If minor changes not involving the specific modifications described below in subsection 3.06.14.E.3 have occurred since the issuance of the most recent Short-Term Vacation Rental Certificate, then additional submittals specific to the minor changes shall be required to accompany the application as necessary to demonstrate compliance with the standards herein.

c.

An inspection is required whenever there is a transfer of a certificate.

d.

A Short-Term Vacation Rental Certificate holder must apply annually for a renewal no sooner than August 1 and no later than October 1 of each year and shall have passed all inspections and complied fully with section 3.06.14 by December 31.

3.

Modification of certificate. An application for modification of a Short-Term Vacation Rental Certificate is necessary where any of the following apply:

a.

The gross square footage of the dwelling unit has increased; or

b.

The number of sleeping areas/bedrooms is proposed to increase; or

c.

The occupancy is otherwise proposed to increase.

For the inspection of a modification to a Short-Term Vacation Rental Certificate, the modification in facility usage may not occur until after a successful County inspection; however, pending such successful inspection the current certificate will still apply.

F.

Initial and routine compliance inspections of short-term vacation rentals.

1.

An inspection of the dwelling unit for compliance with this section is required prior to issuance of an initial Short-Term Vacation Rental Certificate. If violations are found, all violations must be corrected and the dwelling unit must be re-inspected prior to issuance of the initial Short-Term Vacation Rental Certificate as provided herein.

2.

Once issued, a short-term vacation rental unit must be properly maintained in accordance with the Short-Term Vacation Rental Standards herein and will be re-inspected annually or, in the event of a Certificate transfer, re-inspected at the time of transfer. For an inspection, all violations must be corrected and re-inspected within thirty (30) calendar days. Failure to correct such inspection deficiencies in the timeframes provided shall result in enforcement as provided in subsection 3.06.14.K until such time as the violation(s) is/are corrected and re-inspected.

3.

The inspections shall be made by appointment with the short-term vacation rental responsible party. If the inspector(s) has made an appointment with the responsible party to complete an inspection, and the responsible party fails to admit the officer at the scheduled time, the owner shall be charged a "no show" fee in an amount to be determined by resolution of the board of county commissioners to cover the inspection expense incurred by Flagler County.

4.

If the inspector(s) is denied admittance by the short-term vacation rental responsible party or if the inspector(s) fails in at least three (3) attempts to complete an initial or subsequent inspection of the rental unit, the inspector(s) shall provide notice of failure of inspection to the owner to the address shown on the existing Short-Term Vacation Rental Certificate or the application for Short-Term Vacation Rental Certificate.

a.

For an initial inspection, the notice of failure of inspection results in the certificate not being issued and the short-term vacation rental is deemed not in compliance with section 3.06.14.

b.

For a subsequent inspection, the notice of failure of inspection is considered a violation pursuant to subsection 3.06.14.F.2. above and is subject to enforcement remedies as provided herein.

G.

Short-term vacation rental responsible party.

1.

The purpose of the responsible party is to respond to routine inspections and as well non-routine complaints and other more immediate problems related to the short-term vacation rental of the property.

2.

The property owner may serve in this capacity or shall otherwise designate a short-term vacation rental responsible party to act on their behalf. Any person eighteen (18) years of age or older may be designated by the owner provided they can perform the duties listed in subsection 3.06.14.G.3 below.

3.

The duties of the short-term vacation rental responsible party whether the property owner or an agent are to:

a.

Be available by landline or mobile telephone at the listed phone number twenty-four (24) hours a day, seven (7) days a week and capable of handling any issues arising from the short-term vacation rental use;

b.

If necessary, be willing and able to come to the short-term vacation rental unit within two (2) hours following notification from an occupant, the owner, or Flagler County to address issues related to the short-term vacation rental;

c.

Authorized to receive service of any legal notice on behalf of the owner for violations of this section; and

d.

Otherwise monitor the short-term vacation rental unit at least once weekly to assure continued compliance with the requirements of this section.

4.

A property owner may change his or her designation of a short-term vacation rental responsible party temporarily or permanently; however, there shall only be one (1) short-term vacation rental responsible party for each short-term vacation rental at any given time. To change the designated responsible party, the property owner shall notify Flagler County in writing via a completed form provided by the County.

H.

Short-term vacation rental/lease agreement minimum provisions and requirements. The rental/lease agreement must contain the following information at a minimum:

1.

Maximum occupancy of the short-term vacation rental unit as permitted on the Short-Term Vacation Rental Certificate for the property;

2.

The name and ages of all persons who will be occupying the unit;

3.

The license tag numbers for all vehicles that the occupant(s) will be parking at the unit, with a total number not to exceed the number of off-street parking spaces at the unit as designated on the Short-Term Vacation Rental Certificate; and

4.

A statement that all transient occupants must evacuate from the short-term vacation rental upon posting of any evacuation order issued by local, state, or federal authorities.

5.

The rental/lease agreement shall be retained by the responsible party. The responsible party shall retain all rental/lease agreements for a period of one (1) year following the end of the rental period.

6.

No rental/lease agreement shall be provided to or retained by the county except as part of an enforcement investigation, emergency, or other action by the county. At the county's request, the responsible party shall immediately provide the county with the rental/lease agreement.

I.

Required posting of the following short-term vacation rental unit information.

1.

On the back of or next to the main entrance door or on the refrigerator there shall be provided as a single page the following information:

a.

The name, address and phone number of the short-term vacation rental responsible party;

b.

The maximum occupancy of the unit;

c.

Notice that quiet hours are to be observed between 10:00 p.m. and 8:00 a.m. daily or as superseded by any county noise regulation;

d.

The maximum number of vehicles that can be parked at the unit, along with a sketch of the location of the off-street parking spaces;

e.

The days of trash pickup and recycling;

f.

If the short-term vacation rental unit is located on the barrier island, notice of sea turtle nesting season restrictions and sea turtle lighting usage; and

g.

The location of the nearest hospital.

2.

If the short-term vacation rental unit includes three (3) or more occupied floors, on the third floor above ground level and higher floors there shall be posted, next to the interior door of each bedroom a legible copy of the building evacuation map — Minimum 8½" by 11" in size.

J.

Offenses/violations.

1.

Non-compliance with any provisions of this section shall constitute a violation of this section, which shall include, but shall not be limited to, the specific paragraphs within subsection 3.06.14.B.

2.

Separate violations. Each day a violation exists shall constitute a separate and distinct violation.

K.

Remedies/enforcement. Violations of this section shall be subject to penalties as part of a progressive enforcement program with the primary focus on compliance and compatibility with adjoining properties, versus penalties and legal actions. To accomplish a safe and effective vacation rental program it is key that short-term vacation rental responsible parties are responsive and responsible in the management of the property for compliance with this section. Code enforcement activities will be in accordance with Florida Statutes Chapter 162 and the Flagler County Code of Ordinances.

1.

Warnings. Warnings shall be issued for first-time violations and have a correction/compliance period associated with it. Such warnings may include notice to other agencies for follow-up by such agencies, such as the Department of Business and Professional Regulation, the Department of Revenue, the Flagler County Tax Collector and the Flagler County Property Appraiser, as applicable. Non-compliance with a correction compliance period shall result in the issuance of a citation.

2.

The County may utilize Part 1 of Florida Chapter 162 to prosecute a code violation and in such case a special magistrate shall be authorized to hold hearings, assess fines in accordance with the statute and order other relief in lieu of using a county code enforcement board. Alternatively, the County may utilize Part 2 of Florida Chapter 162 and pursue violations by way of a civil citation system as provided in its Code of Ordinances. The civil citation fines per violation shall be set by Resolution of the Board of County Commissioners for first (1st), second (2nd), third (3rd) and further repeat violations. Regardless of whether the County utilizes Part 1 or 2, the County may also utilize an appropriate enforcing agency at the state or local level.

3.

Additional remedies. Nothing contained herein shall prevent Flagler County from seeking all other available remedies which may include, but not be limited to, injunctive relief, liens, and other civil and criminal penalties as provided by law, as well as referral to other enforcing agencies.

L.

Reserved.

M.

Reserved.

N.

Vesting. Any holder of a Short-Term Vacation Rental Certificate as of December 31, 2015 is vested in the ways described below, provided they are otherwise in compliance with all other requirements contained herein.

1.

Rental agreement vesting. It is recognized that likely there are existing rental/lease agreements for short-term vacation rentals in existence at the time of passage of the ordinance enacting this section which may not be in compliance with the terms of this section. Rental agreements that were entered into prior to the adoption of section 3.06.14 on February 19, 2015 shall be considered vested. No special vesting process or fee shall be required to obtain this vesting benefit. Should any issue arise as to whether a rental agreement allows occupancy in excess of occupancy provided by a Short-Term Vacation Rental Certificate or as otherwise authorized in this subsection, the owner or responsible party shall establish a vested rental agreement to the satisfaction of the County, including providing electronic data that establishes the date on which an agreement was entered into.

2.

Maximum occupancy vesting. In applying the standards of subsection 3.06.14.C to the short-term vacation rentals lawfully in existence prior to February 19, 2015, it is understood that there are properties that may otherwise physically qualify for larger occupancies if the maximum occupancy were set higher. In an effort to recognize investment backed expectations and yet balance and protect the interest of other single-family and two-family properties which are not rental properties, there shall be a phasing-in of maximum occupancy.

The maximum occupancy for these properties may be temporarily allowed to be capped at no more than fourteen (14) transient occupants providing all other requirements of subsection 3.06.14.C can be met. This maximum occupancy may be retained through February 28, 2018 in which case it shall be reduced by two (2) thereafter. The maximum occupancy of twelve (12) transient occupants shall then be retained through February 28, 2021 and then shall be reduced by two (2) to reach the maximum occupancy herein. No special vesting process or fee shall be required to obtain this vesting benefit other than demonstrating eligibility through the normal Short-Term Vacation Rental Certificate process.

3.

For those owners that desire a higher vesting occupancy and/or different vesting schedule, the owner of the property may make application for consideration of an alternative vesting benefit. The alternative vesting process shall require the following information at a minimum, although the actual application and review process may require the applicant to submit additional information:

a.

Submittal of a complete vesting application to include applicable fee;

b.

Issuance of Short-term Vacation Rental Certificate on the property otherwise meeting all other requirements herein;

c.

A written narrative and any tabulation/evidence showing what potential financial impacts the reduction in occupancy will create;

d.

Any prospectus, financial pro forma, or other information relied upon to make the investment into the property;

e.

Actual short-term vacation rental/lease agreements on the property for the last three (3) years showing the number of occupants for the short-term vacation rental unit per rental;

f.

Profit and loss statement for the property certified accurate by a Certified Public Accountant for the last three (3) years;

g.

Detailed gross and net revenues/expenses for the property to include but not be limited to: management fees, maintenance fees, utility costs, and similar expenses;

h.

Purchase price for the property and/or structure - If constructed by the owner, the construction costs of the facility;

i.

Any mortgage or debt on the property along with any monthly debt service payments; and

j.

All other information the applicant believes is relevant in establishing any vested rights claim and to demonstrate an extraordinary circumstance or consideration that should be weighed by the county.

The review process for an application for a higher vesting occupancy and/or different vesting schedule under this subsection will, at a minimum, provide for public notice to property owners within three hundred (300) feet of the subject property.

4.

In the consideration of applications for vested rights under this subsection, such determinations shall be made by a special master, for which the use and procedures therefor shall be by resolution of the board of county commissioners.

a.

The determination of the special master shall be deemed final action. In considering an application for vested rights, the burden of demonstrating entitlement to a vested right from the provisions of the ordinance enacting this section shall be on the owner or applicant seeking to establish vested rights.

b.

Owners, seeking to establish vested rights, must demonstrate that the application of the ordinance enacting this section would inordinately burden an existing use of their real property or a vested right to a specific use of their real property.

5.

A vested use shall transfer to a subsequent owner provided that all applicable Short-Term Vacation Rental Standards continue to be met in addition to any specific vesting conditions. A vested use is not transferrable to another short-term vacation rental property.

6.

If a vested use ceases for a period of one (1) year, then the vesting shall be considered to have lapsed and the short-term vacation rental will be subject to all Short-Term Vacation Rental Standards as if a new application.

(Ord. No. 2015-02, § 2.A.1, 2-19-15; Ord. No. 2015-05, § 2, 4-6-15; Ord. No. 2016-01, § 2.A.1, 1-11-16)

Medical marijuana treatment center dispensing facilities shall be banned and otherwise prohibited from being located within the boundaries of unincorporated Flagler County.

(Ord. No. 2018-01, § 2, 1-8-18)

A.

A home-based business shall be allowed as an accessory use from a residential property in all zoning districts that allow residential uses, subject to the following requirements:

1.

The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two (2) employees or independent contractors who do not reside at the residential dwelling may work at the residential property. The business may have additional remote employees that do not work at the residential unit.

2.

Parking related to the business activities of the home-based business shall comply with all requirements of the Land Development Code. The need for parking generated by the business shall not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way, on or over a sidewalk, or on any unimproved surfaces at the residence.

3.

The activities of the home-based business shall be secondary to the property's use as a residential dwelling. As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. External modifications made to the residential dwelling or accessory structure to accommodate a home-based business shall conform to the residential character and architectural aesthetics of the neighborhood. The home-based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property.

4.

The business activities shall comply with any relevant local or state regulations with respect to signage and equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors.

5.

All business activities shall comply with any relevant local, state, and federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids.

B.

The application of this section does not supersede:

1.

Any current of future declaration or declaration of condominium adopted pursuant to Chapter 718, Florida Statutes, cooperative document adopted pursuant to Chapter 719, Florida Statutes, or declaration or declaration of covenant adopted pursuant to Chapter 720, Florida Statutes, or their successors.

2.

Any county ordinance related to transient public lodging establishments, as defined in Section 509.013(4)(a)1., Florida Statutes, or its successor.

(Ord. No. 2022-12, § 2, 7-11-22)

A.

Title. These regulations shall be known as the Flagler Executive Airport Zoning Regulations.

B.

Purpose and intent. The purpose of these airport zoning regulations is to provide both airspace protection and land use compatibility in relation to the normal operation of the Flagler Executive Airport (KFIN) licensed for public-use by the State of Florida Department of Transportation (FDOT) in Flagler County, Florida. These regulations, through the establishment of airport zones and corresponding regulations, provide for the independent review of development proposals in order to promote the public interest in safety, health, and general welfare and to ensure that the Flagler Executive Airport can effectively function.

Therefore, Flagler County deems it necessary to regulate the uses of land located around said airports relative to the:

1.

Height of structures and objects of natural growth on such land;

2.

Uses of land in areas subject to airport noise;

3.

Uses of land in areas subject to aircraft overflight potential;

4.

Establishment of residential use or educational facilities on such land;

5.

Uses of land which result in the generation of in-flight visual or electronic interference; and

6.

Uses of land which result in aircraft bird strike hazards.

C.

Definitions. The following terms shall be defined herein as follows:

1.

Aeronautical study: A Federal Aviation Administration (FAA) study, conducted in accordance with the standards of 14 C.F.R. Part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace.

2.

Airport: Any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. The term "airport" shall mean the Flagler Executive Airport (KFIN), a general aviation public-use airport owned and operated by Flagler County. For purposes of airport protection and land use compatibility regulations in this section, the term "airport" also includes all land lying vertically under the designated approach zones.

3.

Airport elevation: The highest point of an airport's usable landing area measured in feet above mean sea level.

4.

Airport hazard: An obstruction to air navigation which affects the safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities.

5.

Airport hazard area: Any area of land or water upon which an airport hazard might be established.

6.

Airport zoning administrator: The growth management director or his/her designee shall serve as the airport zoning administrator.

7.

Day/night sound level (DNL): the system used by the FAA and the Department of Housing and Urban Development (HUD) to measure noise. Contours representing DNL levels are generated from the FAA's Integrated Noise Model (INM). The military also uses the DNL methodology to express noise impacts. Sound levels in the DNL contours are expressed in decibel units.

8.

Decision height: The height at which a decision must be made during all instrument landing system (ILS) instrument approach to either continue the approach or to execute a missed approach.

9.

Educational facility: Any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multi-tenant building.

10.

Landfill: Has the same meaning as provided in Section 403.703, Florida Statutes.

11.

Minimum descent altitude: The lowest altitude, expressed in feet above Mean Sea Level, to which descent is authorized on final approach or during circling-to-land maneuvering in execution of a standard instrument approach where no electronic glide slope is provided.

12.

Nonconforming use: For purposes of this section, any preexisting structure, object of natural growth or use of lands which is inconsistent with the provisions therein.

13.

Obstruction: Any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. Part 77, subpart C that obstructs the airspace required for flight of aircraft in landing and takeoff at an airport or is otherwise hazardous to such landing or takeoff of aircraft. The term includes: any object of natural growth or terrain; permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or alteration of any permanent or temporary existing structure by a change in the structure's height, including appurtenances, lateral dimensions, and equipment or materials used in the structure.

14.

Political subdivision: The local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. For purposes of this section, this term shall mean Flagler County as the owner and operator of the Flagler Executive Airport (KFIN).

15.

Precision instrument runway: A runway having an instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA-approved airport layout plan; a military service's approved military airport layout plan; any other FAA planning document, or military service's military airport planning document.

16.

Public-use airport: An airport, publicly owned and maintained, licensed by the state, which is open for use by the public. For the purposes of this section, the publicly owned and maintained airport within Flagler County is Flagler Executive Airport (KFIN).

17.

Runway protection zone (RPZ): An area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground.

18.

Structure: Any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines.

19.

Substantial modification: Any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds fifty (50) percent of the market value of the structure.

20.

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedures and no instrument designation indicated on an FAA approved airport layout plan, a military service approved military layout plan, or by any planning document submitted to the FAA by competent authority.

D.

Zoning and land use applicability pursuant to airport layout plan. For the Flagler Executive Airport, the boundary of height and land use restrictions established by these regulations shall be based on the runway configuration and imaginary surfaces pursuant to 14 C.F.R. Part 77, as depicted in the airport layout plan within the Flagler Executive Airport Master Plan as it may be amended from time to time. A site located in more than one (1) of the described surfaces shall apply the most restrictive height limitation.

In determining the location of airport zone boundaries, the following rules shall apply:

1.

Where boundaries are shown to follow streets or alleys, the centerline of such streets or alleys as they exist at the time of adoption of these regulations, shall be the airport zone boundary;

2.

Where boundaries are shown to enter or cross platted lots, property lines of lots as they exist at the time of adoption of these regulations shall be the airport zone boundary;

3.

Notwithstanding the above, where boundaries are shown on any platted lot, provisions of the more restrictive airport zone shall apply; and

4.

Where boundaries are shown on unsubdivided property of less than five (5) acres in area, provisions of the more restrictive airport zone shall apply.

E.

Airport protection zoning regulations.

1.

Airspace obstruction permit process for potential obstructions. Landowners proposing to construct, alter, or allow an airport obstruction in an airport hazard area in violation of these airport zoning regulations must apply for a permit by submitting an application to the airport zoning administrator. Notwithstanding the foregoing, temporary structures, such as cranes, erected for a period of less than eighteen (18) months shall be exempt from this permitting requirement unless the FDOT requests permit review for such structures. In addition, a permit is not required for repair or replacement of existing structures that received construction permits from the Federal Communications Commission before June 1975.

A permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was upon the effective date of these airport zoning regulations or than it is when the application for a permit is made. In addition, if a nonconforming obstruction has been abandoned or is more than eighty (80) percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from the airport zoning regulations. Whether or not an application is made for a permit, the owner of the nonconforming obstruction shall be required, at owner's own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requirement for ten (10) days after notice, the county may proceed to have the obstruction so lowered, removed, reconstructed, altered, or equipped and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is or was located.

a.

Permit applications shall require:

i.

Name, address, and email address of the applicant; name, address, and email address of an authorized representative, if any, along with an owner's authorization.

ii.

FAA Form 7460-1, Notice of Proposed Construction or Alteration, filed with the FAA, if applicable pursuant to the height of the obstruction and its distance from the runway pursuant to Section 333.05, Florida Statutes, or its successor and 14 C.F.R. Part 77. Applicants shall utilize the online FAA Notice Criteria Tool to determine whether proposed development is a potential obstruction of navigable airspace requiring permitting under this section.

iii.

Aeronautical study or documentation of FAA Determination in response to notice. The applicant shall submit a completed airport obstruction permit application, as provided by the airport zoning administrator, to include the final written determination of the "Notice of Proposed Construction or Alteration" issued by the FAA.

iv.

U.S. Geological Survey 7.5 Minute Quadrangle Map.

v.

Location of the proposed structure including latitude and longitude; the type of proposed structure; site elevation and height of the proposed structure above ground level, including any appurtenances, and a scaled construction diagram.

vi.

Zoning statement from local government with jurisdiction.

b.

The airport zoning administrator shall provide a copy of complete permit applications to the Aviation Office of the Florida Department of Transportation via certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery.

c.

Criteria for granting an airport obstruction permit. The airport zoning administrator shall issue an airspace obstruction permit if review determines the applicant demonstrates compliance with federal requirements for notification of proposed construction or alteration and a valid aeronautical study, and the proposed construction or alteration of an obstruction does not adversely impact the following factors:

i.

The safety of persons on the ground and in the air;

ii.

The safe and efficient use of navigable airspace;

iii.

The nature of the terrain and height of existing structures;

iv.

The effect of the construction or alteration on the state licensing standards for a public-use airport contained in Chapter 330, Florida Statutes, and rules adopted thereunder;

v.

The character of existing and planned flight operations and developments at public-use airports;

vi.

Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the FAA;

vii.

The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport; and

viii.

The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area.

d.

The airport zoning administrator shall issue or deny the permit within sixty (60) days of receipt of a complete permit application. If the real property subject to permit lies within the boundaries of a political subdivision, the airport zoning administrator shall provide a copy of the permit issuance or denial determination to the chief executive officer of the political subdivision. Temporary or conditional permits pending completion of review, comment, or approval by any other local, state, or federal agency shall not be issued.

e.

Permits may not be issued solely on the basis that the FAA has determined that the proposed construction or alteration of an obstruction is not an airport hazard. Where the FAA has reviewed a proposed development and determined it would not affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities, the airport zoning administrator may grant an airport obstruction permit for a proposed development, provided that conditions are attached to said permit in addition to other requirements consistent with this ordinance. No airport obstruction permit shall be issued after the expiration date indicated on the FAA's written determination. Each airport obstruction permit issued shall specify a reasonable expiration date as a condition.

f.

Where the FAA has reviewed a proposed land development request and determined it would affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities for civil airports, or the establishment of a "Hazard to Air Navigation," or both, no airport obstruction permit shall be granted by the airport zoning administrator.

g.

If a permit is denied, the airport zoning administrator shall state in writing the reasons therefor and shall work with the applicant to determine how the applicant can alter the proposed construction or alteration to resolve the adverse impacts and/or hazard determination. If no resolution is reached, the applicant may submit a written appeal to the county administrator. The county administrator may schedule an evidentiary hearing but, in any case, shall render a written decision within thirty (30) calendar days of receiving the appeal. Such decision shall be the final action of Flagler County with respect to the application. If the real property subject to permit lies within the boundaries of another political subdivision, the county administrator shall provide a copy of the decision on the appeal to the chief executive officer of the political subdivision.

F.

Marking and lighting requirements. When issuing a permit under this section, the airport zoning administrator shall require the owner of the obstruction to install, operate, and maintain, at the owner's expense, marking and lighting in conformance with the specific standards established by the FAA and the regulatory requirements of the State of Florida.

G.

Land use compatibility requirements.

1.

Prohibition of new landfills and the restriction of existing landfills. There shall be no new landfills established, and existing landfills shall be restricted, within ten thousand (10,000) feet from the nearest point of any runway of the airport. The local government having jurisdiction over any landfills beyond the foregoing area but within the lateral limits of the surfaces defined in 14 C.F.R. § 77.19, or its successor, shall review such landfills on a case-by-case basis.

2.

Mitigation of hazards via bird management requirements. When any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft at the airport, the landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft.

3.

Prohibition of incompatible uses within noise contours established by a federally approved noise study. Incompatible uses of land within noise contours approved by the FAA and depicted in the airport master plan shall be prohibited. Notwithstanding the foregoing, incompatible land uses may be allowed in such areas if the study upon which the contours are based specifically allows for such use/s with appropriate mitigation measures. If at any time the study upon which the noise contours is based is no longer approved by the FAA, incompatible uses shall be prohibited in an area contiguous to the airport measuring one-half (½) the length of the airport's longest runway on either side of and at the end of each runway centerline. Schools built before July 1993 shall be exempt from the prohibitions of this subsection and may be upgraded or expanded without regard to this subsection.

4.

Restriction of new incompatible uses within runway protection zones. New incompatible uses, activities, or substantial modifications to existing incompatible uses within runway protection zones shall be restricted.

H.

Joint airport protection zoning. Flagler County shall adopt, administer, and enforce the airport protection zoning regulations herein by interlocal agreement with any other municipality whose jurisdiction includes land, upon which an obstruction may be constructed or altered, which underlies any surface of the airport as provided in 14 C.F.R. Part 77, subpart C.

I.

Judicial review.

1.

Any person or political subdivision aggrieved by a decision of Flagler County in the application of these Flagler County Airport Zoning Regulations may seek judicial relief by filing an application within thirty (30) days after the final decision is rendered. Review shall be by petition for writ of certiorari in accordance with the Florida Rules of Appellate Procedure.

2.

The circuit court in the Seventh Judicial Circuit shall have exclusive jurisdiction to affirm, reverse, or modify the decision on the permit or other determination being appealed. The court may also order further proceedings by Flagler County, if deemed necessary. The court shall accept the findings of fact made by Flagler County as conclusive if supported by substantial evidence. Only objections raised during the underlying proceeding shall be considered by the court.

3.

In the event that airport zoning regulations adopted under this chapter are determined by a court to unduly interfere with the use and enjoyment of a specific structure or parcel of land, to the extent that it constitutes a taking or deprivation of property in violation of the State Constitution or the Constitution of the United States, or otherwise amount to an inordinate burden on the use of land, such holding shall not affect the application of such regulations to other structures and parcels of land not involved in the particular decision.

4.

A judicial appeal to any court under this section shall not be permitted until the appellant has exhausted all available remedies through the application for local government permits, exceptions, and appeals.

J.

Enforcement and remedies.

1.

Each violation of Chapter 333, Florida Statutes, or of any airport zoning regulations, orders, or rulings adopted or made pursuant to Chapter 333, Florida Statutes, shall constitute a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes, and each day a violation continues to exist shall constitute a separate offense.

2.

Flagler County may enforce the provisions of these regulations by initiating code enforcement and/or special magistrate proceedings in accordance with Chapter 162, Florida Statutes.

3.

In addition, Flagler County may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of Chapter 333, Florida Statutes, or of these airport zoning regulations, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of the regulations adopted and orders and rulings made pursuant thereto.

(Ord. No. 2025-01, § 2A, 4-21-25)

The planning and zoning director shall be designated by the board of county commissioners; the duties shall be as follows:

A.

The planning and zoning director is authorized and empowered on behalf of and in the name of the governing body to administer and enforce provisions of this article to include receiving applications, inspecting premises, and issuing certificates of compliance for uses and structures which are in conformance with the provisions of this article.

B.

The planning and zoning director does not have the authority to take final action on application or matters involving variances (except as provided in subsection 3.07.03.D.), nonconforming uses, or other exceptions which this article has reserved for public hearings before the planning and development board or the board of county commissioners.

C.

The planning and zoning director shall keep records of all and any permits, maps, plats and other documents with notation of all special conditions involved. He shall file and safely keep copies of all sketches and plans submitted and the same shall form a part of the records of his office and shall be a public record of Flagler County.

D.

The planning and zoning director shall attend all meetings of the county commission and the planning board.

(Ord. No. 2011-01, § 2.a., 1-5-11)

Permits and certificates shall be issued in accordance with the following provisions:

A.

Land use classification compliance. The building department shall ascertain land use classification compliance on the Flagler County application for a building permit.

B.

Permits issued under ordinances. Building permits will be issued under existing ordinances presently enforced by the Flagler County Building Department.

A.

Request application. A request for a hearing before the planning board for a variance or special exception shall be made as follows:

1.

A completed application form shall be filed with the planning and zoning director. Such application shall state the pertinent facts on which the request is based. The planning and zoning director may assist the applicant in preparing the application.

2.

An application shall be accompanied by an acceptable site plan with such reasonable information shown thereon as may be required by the planning and zoning director. Such site plan shall include, as a minimum, the following:

(a)

Lot dimensions with property line monuments located thereon.

(b)

Location and size of existing and proposed structures.

(c)

Easements (public and private), water courses, and if existing and proposed, fences, street names, and street right-of-way lines and such information regarding abutting property, as directly affects the application.

B.

Planning board hearing.

1.

The planning and zoning director shall schedule a hearing before the planning board to consider the application. In no event shall such hearing be scheduled more than forty-five (45) days from the date of a complete application.

2.

The hearing provided for under this section shall be for the purpose of reviewing relevant information from the applicant regarding the requested variance and/or special exception. The planning board shall also review written and/or oral comments from the public in accordance with its established procedures.

3.

The planning board shall determine whether sufficient factual data was presented in order to render a decision. If the planning board determines that sufficient factual data was presented, then it shall render a decision to either:

(a)

Approve the request as submitted;

(b)

Approve the request with conditions;

(c)

Disapprove the request.

If the planning board determines that sufficient factual data was not presented, the planning board may continue the hearing until the next scheduled meeting to allow for the preparation of such factual data. Only one (1) such continuation shall be allowed for each requested variance and/or special exception.

C.

Appeal of planning and development board decision.

1.

Within thirty (30) days of the rendering of a decision by the planning and development board regarding a requested variance and/or special exception, an appeal may be filed with the board of county commissioners. Such appeal may be filed by the original applicant, the planning and zoning director, other county staff as authorized, or a real property owner within three hundred (300) feet of the perimeter of the subject property who has standing. To have standing for an appeal, a real property owner must have participated in the matter before the planning and development board, either by speaking on the record at the public hearing or by having a written communication entered into the record for the planning and development board's consideration.

2.

The application for appeal shall be filed with the planning and zoning director who shall schedule a hearing on the appeal with the board of county commissioners.

3.

The board of county commissioners shall apply an appellate standard of review when it evaluates the planning and development board's decision. It shall review the record that was established at the planning and development board hearing below. The appellant and other interested parties with standing that have been permitted to intervene may present oral argument on the established record, but no new testimony or other evidence shall be taken.

4.

The board of county commissioners shall render a decision on the appeal to determine whether: (1) the planning and development board's decision was supported by competent, substantial evidence; (2) whether due process was accorded; and (3) whether the essential requirements of the law have been observed. The board of county commissioners, in reviewing the decision of the planning and development board, may either: affirm the planning and development board's decision; may remand the matter for further proceedings with direction on how the planning and development board failed to comply with the above standards; or may overturn the decision of the planning and development board, thereby granting the petition. If an appeal is remanded to the planning and development board, then it shall only consider and take action based upon the direction from the board of county commissioners indicating how the planning and development board failed to comply with the above standards.

A decision to affirm or overturn the Planning and Development Board's decision by the Board of County Commissioners under this section shall be deemed final, and may be appealed to the Circuit Court of the County by writ of certiorari as provided by law.

5.

Automatic stay. No permits shall be issued for construction or development pursuant to a Planning and Development Board decision until the thirty (30) day time limit for an appeal to the Board of County Commissioners has lapsed with no properly filed notice of appeal or, if an appeal has been timely and properly filed, until the Board of County Commissioners has rendered a final decision thereon.

D.

Administrative approval of Variances. Subject to the criteria in subsection 3.07.03.E., the Planning and Zoning Director may grant an administrative variance as prescribed below. The specific criteria for consideration of an administrative variance, in addition to the general variance criteria included at subsection 3.07.03.E., are as follows:

1.

An administrative variance may be considered for a single setback encroachment or exceedance of maximum lot coverage, but not for multiple setback encroachments or for both a setback encroachment and an exceedance of the maximum lot coverage. Instances where relief is sought for multiple setback encroachments or for both a setback encroachment and an exceedance of the maximum lot coverage are not eligible for an administrative variance, but may request a variance hearing before the Planning and Development Board subject to the general criteria in subsection 3.07.03.E. Likewise, a single application for an administrative variance may not be considered by the Planning and Zoning Director in succession where an applicant is attempting to void these specific eligibility criteria for an administrative variance. In no instance shall an administrative variance exceed the maximum of either:

(a)

Encroachment within setbacks of no more than five (5) percent of any required minimum setback, but not to exceed twelve (12) inches for a residential principal or accessory structure; or

(b)

Exceedance of maximum allowable lot coverage by five (5) percent of the maximum allowable coverage or less for a residential principal or accessory structure, where the five (5) percent amount is calculated based on the maximum lot coverage and not as five (5) percent of the total lot area (e.g., an administrative variance could be considered for up to a forty-two (42) percent lot coverage based on a zoning district's forty (40) percent maximum lot coverage limitation).

(c)

Under no circumstances shall any administrative variance be approved which would allow a reduction of the separation between structures to less than ten (10) feet.

2.

A request for an administrative variance must be submitted in writing on the application form provided by Flagler County and include an as-built survey along with a detailed explanation and justification for the variance.

3.

All adjacent landowners shall be given written notice by U.S. Mail of the proposed administrative variance and an opportunity to object. If no objection is made within thirty (30) days of the date the notice is sent, then the Planning and Zoning Director shall proceed with the administrative variance. If any adjacent landowner objects, then the proposed variance shall automatically be prepared for review by the Planning and Development Board. For purposes of this section, an adjacent landowner is the record owner or owners of a parcel sharing a common point of tangency or boundary with the subject property.

4.

The applicant shall, at the time the application is made, pay an application fee as prescribed by the Flagler County Fee Resolution in effect at the time of submittal of the administrative variance application.

5.

If the administrative variance is denied, the applicant may apply for a variance from the Planning and Development Board as provided for herein and set forth at section 3.07.03. The appeals procedure set forth in section 3.07.04 is not applicable to the Planning and Zoning Director's decisions rendered on administrative variances in this section.

E.

Variance guidelines. A variance may be granted from the terms and provisions of this article where, owing to special conditions relating to the property, a literal enforcement of the provisions of this article will, in an individual case, result in unnecessary hardship. Variances may be granted by the Planning and Development Board in such an individual case of unnecessary hardship upon a written finding based on competent, substantial evidence in the official record that:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, topography, or other unique features that, when considered in whole or in part, creates an unnecessary hardship; and

2.

Such conditions were not created by the affirmative actions of the applicant and the applicant has acted at all times in good faith; and

3.

The variance, if granted, would not cause substantial detriment to the public health, welfare, safety, and morals of the community or impair the purpose and intent of this article; and

4.

No variance may be granted for a use of land or building that is not permitted by this article.

A variance, if granted, shall be the minimum variance necessary to alleviate the hardship. For purposes of this section, an unnecessary hardship shall mean that without the granting of the variance the owner will be deprived of all reasonable use of the property as allowed in the zoning district.

F.

Special exception guidelines. The planning board shall hear and decide upon requests for special exceptions as authorized by land classifications. The board may approve, with conditions, requests which are in harmony with the intent and purpose of the regulations. In making its determination, the board shall be guided by the following:

1.

Ingress to and egress from the property shall provide for automotive and pedestrian safety and convenience, shall not unduly interfere with traffic flow and control, and shall provide access in case of fire or catastrophe.

2.

Offstreet parking and loading areas shall be provided as required, shall take into account relevant factors in subsection 1. preceding, and shall be located to minimize economic, noise, glare or odor effects on adjacent and nearby properties.

3.

Refuse and service areas shall be located with consideration for relevant factors in subsections 1. and 2. preceding.

4.

The proposed use shall be compatible with the availability and location of utility services, whether public or private.

5.

Screening and buffering shall be provided which preserves or improves compatibility and harmony of use and structure between the proposed use and adjacent and nearby properties, according to the type, dimensions and character of the proposed use.

6.

Signs and exterior lighting, if any, shall maintain traffic safety and minimize glare and economic effects on adjacent and nearby properties.

7.

Required yards and open spaces shall be provided.

8.

The height of structures shall be in harmony with that of adjacent and nearby uses and structures.

9.

The economic effect of the proposed use on adjacent and nearby properties shall be positive.

In granting any special exception, the board may prescribe appropriate conditions and safeguards in conformity with these development regulations. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is recommended, shall be deemed a violation of these development regulations. In granting a special exception, the board shall prescribe a time limit within which the uses for which the special exception, if granted, shall be begun or completed, or both. Failure to begin or complete, or both, such use within the time limit shall void the special exception.

G.

Special exception regulations for common household pet animal sanctuary/shelter facilities.

1.

The applicant must demonstrate to the planning and development board, utilizing competent, substantial evidence, that the proposed common household pet animal sanctuary/shelter facility will initially and on a continuous basis adhere to the following standards:

(a)

Residential dwelling unit required. Within all zoning districts in which a common household pet animal sanctuary/shelter facility is permitted as a special exception, a common household pet animal sanctuary/shelter facility shall be accessory to a residential dwelling unit located on the same lot or parcel. For purposes of this requirement, a contiguous lot or parcel may be utilized, provided that all lots or parcels used as part of the common household pet animal sanctuary/shelter facility are combined with the lot or parcel on which the residential dwelling unit is located into a single parcel for assessment purposes. A residential dwelling unit will not be required for any common household pet animal sanctuary/shelter within the AC (agriculture) zoning district or within other zoning districts where common household pet animal sanctuary/shelter facilities are permitted as a special exception use on lots or parcels an acre or greater in size.

(b)

Animal containment. All outdoor areas allocated for use by the animals shall be fenced, walled, caged, or otherwise humanely housed, but not chained, to safely contain the animals. A detailed animal containment plan shall be provided for each and every animal species, to include separation facilities for quarantine and treatment. Additionally, sheltering facilities to protect the animals during severe heat, cold or other inclement weather shall be fully demonstrated. All animal containment areas/structures shall be maintained and kept in good condition at all times.

(c)

Compatible layout/design. Any structures, outdoor runs, and feeding areas on the site shall be laid out and designed in such a manner so as to provide maximum noise reduction, odor prevention, and compatibility with adjoining properties, as appropriate for the type of animal to be housed therein and any existing adjacent uses.

(d)

Maximum number of animals for facilities with outdoor animal areas. The maximum number of animals for facilities with outdoor animal areas shall be limited to:

(1)

On sites less than or equal to one-quarter (¼) acre in size, up to ten (10) animals.

(2)

On sites greater than one-quarter (¼) acre in size, but less than or equal to one-half (½) acre in size, up to twenty (20) animals.

(3)

On sites greater than one-half (½) acre in size, but less than or equal to three-quarters (¾) acre in size, up to thirty (30) animals.

(4)

On sites greater than three-quarters (¾) acre in size, but less than or equal to one (1) acre in size, up to forty (40) animals.

Note 1: A higher numeric threshold than provided herein may be set for additional animals as approved through a super-majority vote of the planning and development board as part of the special exception.

Note 2: A lower numeric threshold of animals permitted per site may be set by the planning and development board based on specific site, surrounding site, and other application circumstances as part of the special exception process.

Note 3: The maximum number of animals for facilities with both outdoor and indoor areas shall be set by the planning and development board.

Note 4: The planning and development board shall also set the numeric standards for sites greater than one (1) acre in size through the special exception process.

(e)

Maximum number of animals for facilities with indoor animal areas. The maximum number of animals for facilities with indoor animal areas shall be set by the planning and development board based on specific layout and amenities of the indoor facilities, the specific animals being cared for, occupants, and similar considerations.

(f)

Hours of operation. The hours for any public visitation/adoption activities shall be restricted to occur daily between dawn and dusk.

(g)

Evacuation plan. A written evacuation plan shall be required as part of any application. The plan should establish procedures for evacuating animals during disasters such as wildfires, flooding and hurricanes.

(h)

Sanitation. At a minimum, outdoor facilities shall be required to collect and dispose of animal waste on no less than a weekly basis.

(i)

Annual facility report. On an annual basis, the facility operator shall provide a written report to the county attesting as to the number of animals maintained on the property and continued compliance with these standards and other special conditions made a part of the approved special exception.

(j)

Semiannual inspection. All facilities shall be subject to semiannual inspections performed by the county and/or its agents verifying that care of the animals is in accordance with the standards of the Humane Society of the United States (HSUS). In conducting the semiannual inspection as provided under this section, the county shall utilize two (2) inspectors, one (1) of which shall be either a county code enforcement officer, a sheriff's office deputy, or other designated person with credentials related to animal care as approved by the county administrator.

(k)

Required spay/neutering. All animals maintained at the facility shall be spayed or neutered, as applicable to a particular species, prior to any adoption. The operator shall maintain paperwork on site available for inspection at any time demonstrating compliance with this requirement.

(l)

Prohibited applicants. An applicant for a special exception or an operator of an approved facility shall be deemed ineligible for application or continued operation if the applicant or operator has been convicted of animal cruelty or neglect, or entered a plea of no contest or otherwise had adjudication withheld.

(m)

Nuisances. In addition to these standards and any specific conditions, an approved facility shall be obligated to be free of any animal-related nuisance as described within the Flagler County Land Development Code, the Flagler County Code of Ordinances, and Florida Statutes. Any failure to remedy an animal-related nuisance shall be grounds for the county to pursue relief including, but not limited to: code enforcement action including the issuance of a citation and/or the posting of the facility as unsafe; a hearing before the planning and development board or the board of county commissioners, as applicable, to reconsider the special exception approval; and, where feasible, injunctive relief.

(n)

Compliance inspections/noncompliance remedies. Flagler County or its agents reserve the right to monitor compliance with the conditions specified above from time to time and for this limited purpose the applicant consents as a condition to its special exception to entry on its property by authorized employees of the county or its agents to determine compliance. In the event the county determines there is noncompliance with any of these standards or any conditions of approval provided by the planning and development board, the county reserves the right either:

(1)

To order compliance with the condition; or

(2)

To order correction of the condition; or

(3)

[To order] revocation of the authorization for the special exception. Nothing included herein shall prevent the county from pursuing other remedies including, but not limited to, injunctive relief. In conducting the inspections as provided under this section, the county shall utilize two (2) inspectors, one (1) of which shall be either a county code enforcement officer, a sheriff's office deputy, or other designated person with credentials related to animal care as approved by the county administrator.

(Ord. No. 97-01, § 1, 1-6-97; Ord. No. 04-22, § 3, 12-20-04; Ord. No. 2011-01, § 2.b.—d., 1-5-11; Ord. No. 2011-10, § 2C., 12-12-11; Ord. No. 2022-12, § 2, 7-11-22)

A.

Request application. A request for a hearing before the planning board for an appeal of any determination of the planning and zoning director shall be made as follows:

1.

A completed application form shall be filed with the planning and zoning director. Such application shall state the grounds for review of the decision.

2.

The application may be accompanied by such other materials and drawings as are needed by the planning board to clearly understand the substance of the appeal.

B.

Planning board action. The planning board shall review the request at its next regularly scheduled meeting following a fourteen-day period from the date the application is accepted. Action to grant or deny the request shall be taken within thirty (30) days of the meeting at which the request is heard.

1.

In the case of denial of a request, written notice of the reason(s) for denial shall be sent to the applicant within thirty (30) days of that action.

2.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the planning and zoning director certifies to the planning board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be recommended by the planning board or by a court of record on application or notice to the official from whom the appeal is taken and on due cause shown.

3.

In exercising the powers granted, the planning board may, in conformity with the provisions of this article, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determinations of the planning and zoning director and may issue or direct the issuance of a compliance permit.

4.

Any petition for a hearing before the planning board may be withdrawn prior to action thereon by the planning board at the discretion of the applicant upon written notice to the planning and zoning director.

5.

Any person or persons severally or jointly aggrieved by the decision of the planning board regarding their application may within thirty (30) days thereafter appeal that decision to the Flagler County Commission.

The commission may, from time to time, amend, supplement or change the regulations and land classifications herein or subsequently established. Proposals for land use amendments, whether initiated by the commission, the planning board and/or the property owner, shall be treated in accordance with the following procedure:

A.

Commission initiated changes. The commission, or its designee, may propose changes in regulations and land use classifications as deemed necessary. Such changes shall be governed by the procedural and public notice requirements of Florida Statute 125.66(5).

B.

Other changes.

1.

Except as provided for in subsection 3.07.05A, an application for a change of classification for a parcel of land may only be initiated by the planning board or the owner of the parcel of property to be considered under the application for a land use amendment.

2.

An application, including the information required in Appendix A, must be submitted in writing to the planning and zoning director. An application for a land use text amendment shall be submitted in writing, including reason(s) for the proposed change.

C.

Planning board review.

1.

The planning and zoning director shall schedule a hearing before the planning board to consider the application.

2.

The hearing provided for under this section shall be for the purpose of reviewing relevant information from the applicant regarding the requested land use amendment. The planning board shall also review written and/or oral comments from the public in accordance with its established procedures.

3.

At the conclusion of the hearing provided for under this section, the planning board shall agree upon a recommendation regarding the application. This recommendation shall be recorded in the planning board's official minutes. The planning and zoning director shall advise the commission of the planning board's recommendation during the hearing called for under subsection 3.07.05D.

D.

Commission hearing.

1.

The hearing provided for under this section shall be for the purpose of reviewing all pertinent information regarding the application. The applicant shall provide all relevant factual data, materials and/or oral testimony to support the action requested in the application. The commission shall also review written and/or oral comments from the public in accordance with its established procedures. The planning and zoning director, during the course of the hearing, shall inform the commission of the recommendation of the planning board regarding the application.

2.

At the conclusion of the hearing provided for under this section, the commission shall render a decision on the application. Any decision rendered by the commission during this hearing shall be deemed final.

E.

Judicial review. Any persons claiming to be injured or aggrieved by any final action of the county may present to the circuit court of the county a petition for writ of certiorari to review such final action as provided by law. Such petition shall be presented to such court within thirty (30) days after the date of such final action by the county. No act of the planning and zoning director, the county commission, or any other county agency, other than the issuance of a development order, is intended to be a final county action under this article for the purpose of judicial review.

F.

Withdrawal of application. Any petition for a land use amendment may be withdrawn prior to action thereon by the planning board or commission at the discretion of the applicant upon written notice to the planning and zoning director.

G.

Frequency of application. A property owner shall not initiate action for a land use amendment affecting the same parcel of land more often than once every six (6) months.

H.

Reserved.

(Ord. No. 97-12, § 3, 8-18-97; Ord. No. 04-22, § 3, 12-20-04)

Editor's note— Ord. No. 04-22, § 3, adopted Dec. 20, 2004, repealed § 3.07.06 in its entirety. Formerly, said section pertained to notice of public hearings.

Fees established by the county pursuant to the regulations or requirements may be changed from time to time by resolution of the county commission and are included in the Development Services Manual.

(Ord. No. 91-12, § 3, 9-30-91; Ord. No. 01-19, § 2, 10-1-01)

Editor's note— Ord. No. 04-22, § 3, adopted Dec. 20, 2004, repealed § 3.07.08 in its entirety. Formerly, said section pertained to applications for development approval; amendments to previously approved development orders as enacted by Ord. No. 95-12, §§ 1, 2, adopted Dec. 4, 1995.

Except as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense and the future tense includes the present tense. The singular number includes the plural and the plural includes the singular. The word "person" includes a firm, corporation, association, organization, trust or partnership. The word "lot" includes "plot" or "parcel". The word "building" includes "structure". The word "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied". The word "map" means the "official land use district map".

Accessory use or structure: A use or structure on the same lot with, and of nature customarily incidental and subordinate to, the principal use or structure.

Agriculture: The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.

Alteration, altered: These terms shall include any changes in structural parts, stairways, type of construction, kind or class of occupancy, light or ventilation, means of ingress or egress, or other changes affecting or regulated by the building code or this regulation, except for minor changes or repairs not involving the aforesaid features.

Applicable improvement(s): Any reconstruction, modification, alteration, rehabilitation, addition, or other improvement that increases the impervious area on the lot by ten (10) percent or greater whether independent or cumulative of any permits issued after the adoption of this ordinance [July 16, 2012].

Automotive repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.

Automotive, boat, mobile home, trailer, and farm implement sales: The sale or rental of new and used motor vehicles, mobile homes, trailers or farm implements.

Bedroom: The term "bedroom" shall have the same meaning as in § 381.0065(2)(b), Florida Statutes. The term "sleeping room" is the same as a bedroom.

Board: The Planning Board of Flagler County.

Boarding home: A building or part thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for compensation for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms.

Buildable land: Land recognized as being above the 100-year flood level with soil conditions that can properly support structures, not including critical wetlands, such as lakes, streams, swamps and marshes.

Building: A structure that is permanently affixed to the ground, has a roof, and is used for the shelter of humans, animals, property or goods.

Building line: See Setback line.

Building principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Cemetery: Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

Certificate of occupancy: A new building shall not be occupied and a change in occupancy of a building or part of a building shall not be made until after the building official shall have issued a certificate of occupancy thereof.

Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.

Club: A building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

Club, private: An association or organization of a fraternal or social character, not operated or maintained for profit; does not include casinos, night clubs, or other institutions operated for a profit.

Commission: The Flagler County Commission.

Common household pet: A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish, or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes. Common household pet does not include reptiles (except turtles). This definition shall not include animals that are used to assist persons with disabilities.

Common household pet animal sanctuary/shelter facility: A facility that is owned, operated or maintained by private individuals, or a private or nonprofit organization where more than eight (8) common household pets are kept in the AC (agriculture) zoning district or in the MH-1 (rural mobile home) zoning district, and more than four (4) common household pets in all residential zoning districts for the purposes of protection, rehabilitation, long-term care and/or adoption.

Comprehensive plan: A plan designed and adopted to guide development in Flagler County, as required by Chapter 163, Florida Statutes.

Conservation: Preserving from loss, waste or harm. The official preservation of natural resources, such as topsoil, forests, and waterways.

Day care center: See Nursery school.

Density: The number of dwelling units per gross acre of buildable land, which includes all streets, public rights-of-way, easements, open space and onsite recreational facilities.

District: A land use classification as designated by this article.

Dwelling or dwelling unit: Any building, portion thereof, or other enclosed space or area used as or intended for use as the home of one family, with separate cooking and housekeeping facilities, either permanently or temporarily.

a.

Single family—A detached building designed for and occupied by one (1) family as a home, with cooking and housekeeping facilities.

b.

Two-family—A detached building, occupied by or designed for occupancy by two (2) families only, with separate cooking and housekeeping facilities for each.

c.

Multiple family—A building designed for or occupied by three (3) or more families, with separate cooking and housekeeping facilities for each.

Easement, utility: A grant by a property owner of the use of land for a specific purpose. See subsection 3.06.05C of this article.

Erected: The word "erected" includes built, constructed, reconstructed, moved upon or any physical operations on the premises required for building. Excavation, fill, drainage and the like shall be considered a part of erection.

Family: One (1) or more persons occupying a single dwelling unit and using common cooking facilities, provided that unless all members are related by blood, adoption or marriage, no such family shall contain over five (5) persons, but that such family may also include gratuitous guests and servants in addition.

Footprint: The horizontal area as seen in plan, measured from outside of all exterior walls and supporting columns. It includes buildings, residences, garages, covered carports, and accessory structures but not trellises, patios, and areas of porch, deck and balcony less than thirty (30) inches from finished grade.

Editor's note— (Additional term for use in the A1A Scenic Corridor.)

Governing body: Flagler County Commission.

Gross floor area: The sum of all floor area of a building measured from the exterior face of exterior walls, from the center line of a wall separating two (2) buildings, but not including interior parking spaces or loading space for motor vehicles.

Gross leasable area: The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use.

Guest/servant quarters: Living quarters within a detached accessory building located on the same lot or parcel of land as the principal dwelling unit, to be used exclusively for housing members of the family occupying the principal building and their nonpaying guest; such quarters shall not be rented or otherwise used as a separate dwelling.

Height of building: The vertical distance from the established grade at the center of the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Home occupation: A use to be approved as a permitted use and any onsite business conducted in whole or in part from a residential property. Such use is to be clearly incidental and secondary to the residential uses and, and further provide that the use can meet the home-based business regulations, as outlined in subsection 3.06.16 "Home-based business regulations".

Hotel: A transient commercial lodging establishment consisting of one (1) or more buildings used only for this purpose, including accessory uses such as eating and drinking facilities, recreation facilities and parking. This category includes motels and motor hotels. Lodgings may consist of sleeping rooms only or may include cooking facilities also, but are not intended for long-term occupancy.

Institution: Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.

Junkyards: Place, structure or lot where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, etc., including auto wrecking yards, used lumber yards, house-wrecking yards, and yards or places for storage or handling of salvaged house-wrecking and structural steel materials. This definition shall not include pawn shops and establishments for the sale, purchase, or storage of usable second-hand cars, salvaged machinery, used furniture, radios, stoves, refrigerators or similar household goods and appliances. Nor shall it apply to the processing of used, discarded, or salvaged materials as part of manufacturing operations.

Kennel: Any place or premises where four (4) or more canines or felines over four (4) months of age are kept.

Land clearing (Marineland Acres special stormwater overlay area): The removal of trees, vegetation, soil or mineral deposits, or root raking or the placement of fill by any means. This definition does not include normal mowing or the removal of trees or vegetation in accordance with Firewise Communities standards with tools in an area only as specifically permitted by the county development engineer.

Land use classification permit: A document issued by the planning and zoning director authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.

Living area: Enclosed rooms that can be heated or cooled with the exception of garages.

Lot: A parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law.

Lot, corner: A lot abutting upon two (2) or more streets at their intersection of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines is the corner. Front yard setbacks are required on all street frontages.

Lot, interior: A lot other than a corner lot.

Lot depth: The average distance between the front and rear lot lines.

Lot width: The average distance between the side lot lines.

Lot line, front: The lot line separating the lot from the right-of-way of the principal street on which the lot abuts.

Lot line, rear: The lot line opposite to and most distant from the front lot line.

Lot line, side: Any lot line other than front or rear lot line. A side lot line of a corner lot, separating a lot from a street, is called a side street lot line. A side lot line separating a lot from another lot is called an interior lot line.

Lot of record: A lot established prior to the enactment of this regulation which is a part of a recorded plat or a lot described by metes and bounds, the map and/or description of which has been recorded according to Florida Law.

Mobile home: A dwelling unit provided with an undercarriage, axle(s) and wheels and capable of being towed on its own axle and wheels on a public street.

Mobile home park: A residential development on a parcel of land in one (1) ownership providing rental spaces for two (2) or more mobile homes on a long-term basis, with recreation and service facilities for the tenants.

Mobile home space: A plot of ground within a mobile home park designated for the accommodation of one (1) mobile home or travel trailer.

Mobile home subdivision: A residential development designed for the accommodation of mobile homes on individually owned lots or in condominium or cooperative ownership, including recreation and open space areas held in common ownership, but not including developments serving tourists or vacation-oriented travel trailers, motor homes, campers, etc.

Motel, motor hotel: See Hotel.

Noncommon household pet: All animals other than those considered a common household pet or wild animal as defined herein.

Noncommon household pet and wild animal sanctuary/shelter facility: A facility that is owned, operated or maintained by private individuals, or a private or nonprofit organization where more than eight (8) noncommon household pets or wild animals are kept in the AC (agriculture) zoning district, for the purposes of protection, rehabilitation, long-term care and/or adoption. This shall not include bona fide farming activities recognized by the property appraiser to be bona fide agriculture, where livestock are produced for human consumption and/or animal products.

Nonconforming use: A use of land existing lawfully at the time of the enactment of this regulation, or at the time of a planning amendment and which does not conform with the regulations of the use district in which it is located.

Nursing home: A home for aged, chronically ill, or incurable persons in which three (3) or more persons, not of the immediate family, are received, kept, or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery, plant materials: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping.

Nursery school: A private establishment enrolling children between two (2) and five (5) years of age and where tuition, fees or other forms of compensation for care of the children are charged.

Open space: An area open to the sky which may be on the same lot with a building. The area may include the natural environmental features. Streets, structures and the like shall not be included.

Parking: The term "parking" shall mean the temporary, transient storage of motor vehicles used for personal transportation, while their operators are engaged in other activities. It shall not include storage of new or used cars for sale, service, rental, or other purpose other than specified above. "Parking" as defined herein shall apply only to open air storage of motor vehicles.

Parking space, offstreet: For the purpose of this regulation, an offstreet parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

Permanent commercial campgrounds: A parcel or plot of ground upon which two or more permanent (year-round) campsites are located, established and maintained for occupancy by camping units of the general public. Such campgrounds must meet the minimum state code requirements for sanitary facilities and potable water supply.

Pervious area: The total lot area left in a condition that permits full percolation of the stormwater including surface water bodies, wetlands and retention areas.

Plat: A map, plan or layout of a county, city, town section or subdivision indicating the location and boundaries of properties.

Poultry: Any chickens, turkeys, ducks or geese.

Project: A development, as defined by Section 380.04, Florida Statutes, carried out as a discrete undertaking.

Public use: The use of land, water or building by a municipality, public body or board, commission, or authority, county, state or the federal government or any agency thereof for a public service purpose.

Recommendations: Actions of the planning board.

Right-of-way: A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

Seat: For purposes of determining the number of offstreet parking spaces for certain uses, the number of seats is the number of seating units, installed or indicated, or each twenty-four (24) lineal inches of benches, pews, or space for loose chairs.

Semipublic use: Includes churches, museums and organizations operating as a nonprofit activity serving a public purpose or service and includes such organizations as noncommercial clubs and lodges, theater groups, recreational, conservation, and neighborhood associations, and cultural activities.

Service station, motor vehicle: Any building or land used for retail sale and dispensing of motor vehicle fuels or oils; may furnish supplies, equipment and minor services to motor vehicles, but only incidental to the sale and dispensing of motor vehicle fuels and oils.

Setback line: A line established by the subdivision regulations and/or planning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in said codes. (See yard)

Sewers, public or community: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.

Sewers, onsite: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Short-term vacation rental: Any unit or group of units in a condominium, cooperative, or timeshare plan or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit which is also a "transient public lodging establishment." As used in section 3.06.14, the term "vacation rental" is the same as a short-term vacation rental.

Special exceptions: A land use that is not similar in nature to the uses permitted in the district for which application is made (or in any district) but which is desired in the community, with appropriate controls, where a suitable location is available.

Special uses: Includes utilities, transportation terminals and facilities.

Story: Is that portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

Structure: Anything constructed or erected, excluding fencing, the use of which requires a building or structure, such as bearing walls, columns, beams or girders with foundations.

Townhouse: A single-family dwelling unit constructed in a series or group of attached units with property lines separating such units and shall comply with Section 403.3 of the Southern Building Code.

Transient public lodging establishment: Any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings which is rented to guests more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. A "transient public lodging establishment" shall be a considered as a nonresidential, commercial business, whether operated for profit or as a not-for-profit, and be subject to the additional requirements of section 3.06.14 if the transient public lodging establishment is additionally considered to operate as a short-term vacation rental as defined herein.

Travel trailer: A recreational vehicle used for temporary housing by individuals and families during travel. This category, in this article, is assumed to include also campers, camping trailers, motor homes and smaller mobile homes (up to a length of thirty-five (35) feet exclusive of hitch and eight (8) feet in width), capable of being towed by a passenger motor car and complies with Florida Statutes, 320.01(1)1.

Travel trailer park: A development for the accommodation of tourists or vacationers of short-term basis, providing rental spaces for each individual trailer, camper, motor home, etc., and recreation and service facilities for the use of the tenants. This designation does not permit or allow permanent residents.

Use: The specific purposes for which land or building is designated, arranged, intended, or for which it is or may be occupied or maintained.

Variance: A modification of the strict terms of the regulations where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the regulation would result in unnecessary and undue hardship. As used in this regulation, a variance may be authorized only for height, area, and size of structure or size of yards and open spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the district or uses in an adjoining district.

Wild animal: Those animals that are of a wild nature or disposition and so must be reclaimed and made tame by art, industry, or education, or else must be kept in confinement to be brought within the immediate power of the owner. A wild animal is an animal which is not by custom devoted to the service of humanity at the time and in the place in which it is kept. This shall include native and nonnative animal species.

Yard: The open space existing on the same lot with a principal building, unoccupied and unobstructed by buildings from the ground to the sky, between the lot line and building line.

a.

Front yard: The yard extending across the entire width of the lot between the front lot line and front building line. The lot line of the lot abutting a public street shall be deemed the front lot line. On corner lots, the front lot line shall be that lot line abutting the street frontage toward which the building is oriented. In the event the principal building on a corner lot is more directly oriented to the lot corner at the street intersection than to either street frontage, such lot shall be considered to have two (2) front yards, one abutting each street. A lot existing between two (2) streets not intersecting at a corner (double frontage lot) shall be considered to have two (2) front yards, one on each street frontage.

b.

Rear yard: The yard extending across the entire width of the lot between the rear lot line and the rear building line. The rear lot line shall be the lot line farthest removed from the front lot line.

c.

Side yard: The yard extending from the front building line to the rear building line between the side lot line and the side building line.

Zero lot line: A development concept that permits a single-family dwelling to abut one (1) side lot line.

(Ord. No. 96-14, § 2, 12-2-96; Ord. No. 01-26, § B., 12-17-01; Ord. No. 2011-08, § 2, 11-7-11; Ord. No. 2012-06, § B2., 7-16-12; Ord. No. 2015-02, § 2.A.18, 2-19-15; Ord. No. 2016-01, § 2.A.18, 1-11-16)

Any person violating any provision of this article shall be fined upon conviction not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) and costs of court for each offense and imprisonment in the county jail for a period of time not to exceed sixty (60) days. Each day such violation continues shall constitute a separate offense. Violations are also subject to civil fines imposed by the code enforcement board up to two hundred fifty dollars ($250.00) per day per violation for first time offenders and five hundred dollars ($500.00) per day per violation for repeat violators.

In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of this regulation, the planning and zoning director, legal officer, or other appropriate authority or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; or to correct or abate such violation; or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.

It is hereby declared the policy of Flagler County, Florida to require development below the development of regional impact threshold, as determined in Chapter 380, Florida Statutes, to contribute its proportionate share of land acquisition or construction or expansion of public facilities. The impacts of such development shall have a rational nexus to the proposed development and shall be reasonably attributable to the proposed development.

The amounts of land and/or cash contributions assessed under this section shall be consistent with the amounts required of development which must undergo development of regional impact review as determined in Chapter 380, Florida Statutes.