7.15.01 R-1 - Single-Family Residential District:

A.

Purpose: This district is designed to provide suitable areas for low density residential development where appropriate services and facilities are provided or where the extension of such services and facilities will be physically and economically facilitated. This district is characterized by single-family detached structures and such other structures as are accessory thereto. This district may also include, as conditional uses, community facilities and utilities which serve specifically the residents of this district, or which are benefited by and compatible with a residential environment. Such facilities should be accessibly located and appropriately situated in order to satisfy special requirements of the respective community facilities.

It is the express purpose of this Section to exclude from this district all buildings or other structures and uses having commercial characteristics, whether operated for profit or otherwise, except that home occupations specifically provided for in these regulations shall be allowed if they otherwise conform to the provisions of this Code.

B.

Permitted Uses: In this district, as a permitted use, a building or premises may be used only for the following purposes: Detached single-family residential structures and accessory structures and facilities. Mobile homes are prohibited.

C.

Conditional Uses: In this district as a conditional use, a building or premises may be used only for the following purposes, upon a determination by the City Council that the respective use complies with site plan requirements listed in this Code: Places of worship, including parking areas and accessory facilities; public parks and recreational areas; public and private utilities.

D.

Site Plan Review: Site plan review is required for all subdivision proposals. A site plan or plot plan is required for all single-family homes proposed to be constructed, reconstructed or replaced. Such plot plan shall clearly show the building footprint, setbacks, utility locations, accessory buildings, parking, swimming pools and/or other improvements planned for the lot upon which the construction is to take place. The plot plan shall show the dimensions of the subject lot.

E.

Subdivision Conformance: Any lot within a plat of record shall not be redivided into three (3) or more lots unless the provisions of the Subdivision Regulations are satisfied (see Article 2 and Sec. 7.09.00, hereof).

F.

Density: For residential development, property in this district may be developed at the option of the owner, to a maximum of 5.51 units per acre.

G.

Lot Size: The minimum width of any lot used for single-family dwelling units shall be fifty (50) feet when measured at the minimum front setback line. The total square footage of the lot shall not be less than 7,500.

The minimum lot width may be reduced on dead-end cul-de-sac lots. In no case shall a lot width be less than forty (40) feet when measured at the top of the arc of the minimum front setback line. The total square footage shall not be less than 7,500.

H.

Building Height: Except for elevated municipal water storage facilities, no building or structure, including signs, shall exceed three (3) stories or thirty-five feet in height. Measurement of height is governed by the standard building code most recently adopted by the City.

1.

Exemption: Special Flood Hazard Area Building Height.

I.

Front Yard: On every lot or parcel, there shall be a front yard (setback) of not less than twenty-five (25) feet.

J.

Setbacks:

1.

Residential Structures South of U.S. Highway 98: All houses erected in the City which are located south of U.S. Highway 98 shall have a setback from the side lot line of seven and a half (7½) feet, twenty (20) feet from the rear lot line, twenty-five (25) feet from the front lot line; except for those properties which border U.S. Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of thirty-five (35) feet from the back of the curb; one hundred (100) feet from the mean high water line.

2.

Other Low Density Residential Areas: All houses in the City located on residential building lots shall have a setback of twenty-five (25) feet from the front lot line, seven and a half (7½) feet from the side lot line and twenty (20) feet from the rear lot line. No structure shall be permitted nearer than fifteen (15) feet to the side street line of any corner lot; a side street line shall be that line opposite a side of the dwelling located thereon other than the front of the dwelling. Eaves, steps, fire places and compressors slabs shall not be considered as a part of the building; however, this shall not be construed to permit any portion of a building to encroach upon another lot or the required front yard. If a residence shall be erected on more than one building lot then the side lot lines shall apply only to the extreme side lines of the lot.

3.

Accessory structures: In all low density residential areas in the City, a detached garage or other detached structure whose dimensions equal or exceed two hundred (200) square feet may be constructed to within seven and a half (7½) feet of the side and rear lot lines provided the minimum front setback of the structure is seventy (70) feet from the front property line. Small utility sheds (under two hundred (200) square feet), screen pool enclosures, cabanas, greenhouses and the like may be constructed to within three and a half (3½) feet of the side and rear lot lines. Attached and detached open carports may be constructed to the side lot line. Additionally, attached and detached open carports may be constructed to within five (5) feet of the front yard lot line. At no time shall the side(s) or front of the carport be enclosed without a permit from the City. A permit is required for an attached or detached carport regardless of size. No other accessory structure including fences shall extend forward of the front of the dwelling or encroach into the required front yard.

4.

Encroaching Open Porches: An encroaching open or unenclosed porch is a porch which extends into the building setback, is non-heated and non-cooled, roofed space attached to an outer wall of a building, open on three (3) or more sides without walls, glass, windows, doors, canvas, screen or similar materials affixed to the open sides. An open porch may have railings and guardrails up to 42" in height. Open porches may encroach five (5) feet into the front and rear building setbacks but must meet the side yard building setbacks.

5.

Decks: A deck is an unenclosed, unroofed and un-walled structure that is typically elevated. Decks must meet the handrail, guardrail and step requirements of the Florida Building Code. A deck may encroach five (5) feet into the rear building setback.

7.15.02 R-2 - Medium Density Residential District:

A.

Purpose: This district is designated to provide suitable areas for medium density residential development where sufficient services and facilities are available or will be prior to development, or where the extension of such services and facilities will be physically and economically facilitated. It is the intent of these regulations to permit single and two family structures and multiple family structures within the density range as defined in the district regulations subject to the required provision for open space within the project parcel.

Within this district, the density of new development proposals shall be compatible with existing development, the policies of this Ordinance and the Comprehensive Plan. Towards this end, preservation of stable, established areas, cultivation as smooth transitions in the residential densities (where gradual shifts in density are in order due to varied levels of access to public services including transportation and utilities) unique physical features of the property, nature and intensity of neighboring land uses, and other site characteristics are to be considered.

It is the express purpose of this Section to exclude from this district all buildings or other structures and uses having commercial characteristics whether operated for profit or otherwise, except that home occupations specifically provided for in these regulations shall be allowed if they otherwise conform to the provisions of this Ordinance. Apartments, townhomes and customary accessory structures and uses and other residential structures offered for sale, rent or lease are specifically permitted.

B.

Permitted Uses: In this district a building or premises may be used only for the following purposes: detached single-family, zero lot line, patio homes, townhomes, cluster homes, duplexes, attached and detached multiple family residential structures and accessory structures and facilities. Mobile homes are prohibited.

C.

Conditional Uses: In this district as a conditional use, a building or premises may be used only for the following purposes upon determination by the City Council that the respective uses and structures comply with the site plan requirements listed in this Code: Places of worship, including parking and accessory uses; public parks and recreation areas; public and private utilities, and nursing homes.

D.

Site Plan Approval: Site plan approval, is required for all development proposals. For townhouse or row house developments, the following provisions apply:

1.

The maximum number of townhouse or row house units shall not exceed ten (10) units per acre.

2.

The minimum width of a lot occupied by such units shall not be less than twenty (20) feet and the minimum lot size for each unit shall be one thousand six hundred (1,600) square feet.

3.

No townhouse complex or row house complex or part thereof or building accessory thereto shall be constructed within twenty (20) feet of any other townhouse complex or any part thereof or building accessory thereto.

4.

No more than six (6) contiguous townhouses or row house dwelling units shall be built in a row.

5.

Each dwelling unit shall be located on its own individually platted lot.

6.

Every such dwelling unit shall have a minimum gross floor area of one thousand (1,000) square feet usable living area, exclusive of utility, patio, porches, attic and/or garage.

E.

Subdivision Conformance: Any lot within a plat of record as of the effective date of this Ordinance shall not be redivided into three (3) or more lots unless the provisions of the subdivision regulations are satisfied. Please see Article 2 of this Code for platting and re-platting provisions.

F.

Density: For all development proposals, property in this district may be developed, at the option of the owner, to a maximum of ten (10) units per acre.

G.

Lot Size: The minimum width of any lot used for one (1) or two (2) family dwelling units shall be fifty (50) feet when measured at the minimum front setback line, but the minimum width of any lot or project parcel used for a multiple family dwelling shall be one hundred (100) feet when measured at the minimum front setback line. Zero lot-line, patio, and cluster homes shall provide a minimum forty (40) foot wide lot at the minimum front setback line. In all cases minimum width at the street right-of-way line shall be not less than forty (40) feet. Patio home, and cluster home sites shall provide a minimum four thousand (4,000) square foot lot size.

H.

Building Height: Except for elevated municipal water storage facilities, no building or structure shall exceed thirty-five (35) feet or three stories in height above the required minimum habitable floor elevation exclusive of elevator shafts, air conditioning condensing units or cooling towers, antennas, copulas, spires, chimneys, ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

I.

Front Yard: On every lot or parcel, there shall be a front yard (setback) of not less than twenty-five (25) feet. However, if the parcel abuts an arterial roadway, the minimum front yard shall be thirty-five (35) feet from the adjacent right-of-way of said arterial.

J.

Setbacks:

1.

Residential Structures South of U.S. Highway 98: All dwelling units erected in the City which are located south of U.S. Highway 98 shall have a setback from the side lot line of seven and a half (7½) feet, twenty (20) feet from the rear lot line, twenty-five (25) feet from the front lot line; except for those properties which border U.S. Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of thirty-five (35) feet from the back of the curb; one hundred (100) feet from the mean high water line and there shall be twenty (20) feet between houses on the same lot.

2.

Other Residential Areas: All houses in the City located on residential building lots shall have a setback of twenty-five (25) feet from the front lot line, seven and a half (7½) feet from the side lot line and twenty (20) feet from the rear lot line. No structure shall be permitted nearer than fifteen (15) feet to the side street line of any corner lot; a side street line shall be that line opposite a side of the dwelling located thereon other than the front of the dwelling. Eaves, steps, fire places and compressors slabs shall not be considered as a part of the building; however, this shall not be construed to permit any portion of a building to encroach upon another lot. If a residence shall be erected on more than one building lot then the side lot lines shall apply only to the extreme side lines of the property.

3.

Multiple dwelling structures: All new duplex and multiple unit dwellings must provide a thirty-five (35) buffer zone between a subdivision and the new construction and such buffer zone shall include a landscaped area at least 10 feet in width along the entire boundary between the development parcel and the subdivision. A fifteen foot separation between buildings on the development parcel is required. In addition, a fence is required between the multi-family development and existing single-family units adjacent to the multi-family development.

4.

Accessory Structures: For single-family and duplex structures within this district, the regulations in Section 7.15.01 apply. All accessory structures, except parking lots, must conform to requirements for a principle structure in this district. Parking lots may be located within ten feet of side and rear lot lines, if such lots lines do not abut the R-1 district, in which case the setback shall be 20 feet.

5.

Encroaching Open Porches: An encroaching open or unenclosed porch is a porch which extends into the building setback, is a non-heated and non-cooled, roofed space attached to an outer wall of a building, open on three (3) or more sides without walls, glass, windows, doors, canvas, screen or similar materials affixed to the open sides. An open porch may have railings and guardrails up to 42" in height. Open porches may encroach five (5) feet into the front and rear building setbacks but must meet the side yard building setbacks.

6.

Decks: A deck is an unenclosed, unroofed and un-walled structure that is typically elevated. Decks must meet the handrail, guardrail and step requirements of the Florida Building Code. A deck may encroach five (5) feet into the rear building setback.

K.

Open Area/Landscaping: All landscaped areas shall be planted and maintained in lawn, sod or natural foliage. Additionally, for every lot or project parcel used for any duplex or multi-family dwelling there shall be a minimum of twenty-five percent (25) of the total parcel area set aside for open space, recreation, or landscaped area. At least 18 percent of the parcel area shall be in natural or landscaped open space. Setback and buffer areas can be counted to reach the 18 percent and 25 percent thresholds.

7.15.03 Limited Commercial (C-1):

A.

Purpose: It is intended that the C-1 limited commercial district provide for an efficient and effective use of the district wherein businesses are compatible with any adjacent residential area. All plans for structures shall be submitted to the City for review and approval prior to construction.

B.

Permitted Uses: The C-1 limited commercial district provides for the following uses within any C-1 limited commercial district wherein any building, structure, land or water shall not be used except for one (1) or more of the following:

1.

Condominiums, apartments, hotels, guest cottages and motels;

2.

Apothecary shops;

3.

Art, antique and gift shops;

4.

Beauty salons and barbershops;

5.

Book and stationery stores; newsstands;

6.

Churches, schools, child care facilities and other community facilities, as defined above. This does not constitute authority for automatic reclassification of zoning for such facilities that are located within a residential area;

7.

Finance, investment and insurance offices, including banks and small loan establishments and real estate offices;

8.

Florists;

9.

Furniture stores;

10.

Clinics, medical and dental;

11.

Interior decorating and home furnishings;

12.

Music conservatory, dancing schools, art studios;

13.

Photographic supplies and studios;

14.

Private clubs and lodges;

15.

Professional and business offices, such as that of a physician, dentist, lawyer, music or art teacher, engineer, architect and such others as are consistent with these professions, but not including fortunetellers or psychics;

16.

Restaurants and lounges, but no drive-in restaurants;

17.

Parks, playgrounds and recreational facilities under the supervision of the City. This does not constitute authority for automatic reclassification of zoning for these facilities that are located within a residential area;

18.

Boardinghouses, lodging and guest houses; tourist homes; transient homes;

19.

General retail sales and services wherein the goods, wares and merchandise are housed within the building;

20.

Restricted sales and service;

21.

Wholesale trade and services;

22.

Medical services, hospitals, extensive care, immediate care, veterinary medical services;

23.

Trade service and repair and limited vehicle service and maintenance conducted within an enclosed building;

24.

Funeral homes;

25.

Marinas;

26.

Parking garages.

C.

Conditional Uses: In this district as a conditional use, a building or premises may be used only for the following purposes upon determination by the City Council that the respective uses and structures comply with the site plan requirements listed in this Code: Public parks and recreation areas; public and private utilities, self-service storage facilities, and nursing homes.

D.

Site Plan Approval: Site plan approval is required by the City. Additionally, the site development plan for land use improvements in this district shall provide for such an arrangement and location of uses and facilities on the land as to give significant separation from, and protection to, contiguous and nearby residential property. Where the nature of the activities or facilities on the land present any potential hazard or detriment to contiguous residential properties arising from noise, glare, dust, odors, smoke, vibration, flying objects or traffic or parking, protection to such contiguous residential properties shall be provided in the form of open spaces, fences, walls, hedges, plantings, enclosures and/or by other such means as may be appropriate and effective to prevent or minimize such hazards.

E.

Subdivision Conformance: Any lot within a plat of record as of the effective date of this Ordinance shall not be redivided into two (2) or more lots unless the provisions of the subdivision regulations are satisfied (see Article 2 and Section 7.09.00, hereof).

F.

Density/Intensity: For all development proposals, property in this district may be developed, at the option of the owner, to a maximum of ten (10) dwelling units per acre for multi-family projects.

The intensity of all non-residential developments shall not exceed a Floor Area Ratio (FAR) of 1.92. The FAR is the relationship between the total floor area of a proposed structure(s) or building(s) to the gross area of the development site. Total floor area of a building or structure is measured from the outside walls for each floor of said building or structure. However, the measurement need not include balconies or elevated porches. The FAR does not include parking, sidewalks or other non-habitable structures associated with a principle use.

All developments in this district are further governed by an impervious cover ratio of 82 percent. That is, at least 18 percent of the development parcel shall be in landscaped or natural open space.

G.

Lot Size: For all lots created after February 1, 1991, the minimum width of any lot developed for commercial uses shall be one hundred (100) feet when measured at the minimum front setback line and shall have a minimum width at the street right-of-way line of not less than one hundred (100) feet to allow for adequate ingress and egress and accel/decel lanes; however, multiple attached businesses may occupy the same lot.

H.

Except for elevated municipal water storage facilities, no building or structure inclusive of all roof top appurtenances, shall exceed the building height limits as set forth in exhibit A. The City shall provide any applicant for a proposed building or structure seventy-five (75) feet or taller above mean sea level (MSL), the height limits in graphic form.

From Doolittle Boulevard in a north and south straight line extension to the westernmost City limits, no building or structure shall exceed eighty (80) feet in height above mean sea level (MSL). This area shall be designated as "Zone A."

From Doolittle Boulevard in a north and south straight line extension eastward to Jonquil Avenue in a north and south straight line extension, no building or structure shall exceed ninety (90) feet in height above mean sea level (MSL). This area shall be designated as "Zone B."

From Jonquil Avenue in a north and south straight line extension to the easternmost City limits, no building or structure shall exceed one-hundred (100) feet in height above mean sea level (MSL). This area shall be designated as "Zone C."

I.

Setbacks:

1.

Structures South of U.S. Highway 98: All structures erected in the City which are located south of U.S. Highway 98 shall have a setback from the side lot line of seven and a half (7½) feet, twenty (20) feet from the rear lot line; except for those properties which border U.S. Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of fifty (50) feet from the back of the curb.

2.

Front Yard: On every lot or parcel, there shall be a front yard (setback) of not less than fifty (50) feet. No building, structure, accessory structure, fence, wall, seating or other use is permitted within the front setback or forward of the building unless otherwise authorized by this code. Parking is permitted in the setback but not including parking garages.

3.

Rear Yard: There is no rear yard requirement except where a rear yard abuts a residential district, then the rear yard shall have a depth of not less than fifteen (15) feet from a residential district. There is no setback requirements for accessory buildings except where the property abuts a residential district, then the accessory buildings must be set back fifteen (15) feet from the rear property line. The builder or owner must leave ample space for a fire lane for access to the rear of the building and for off-street parking.

4.

Side Yard: There is no side yard setback required unless the development parcel abuts a residential district, in which case the setback is fifteen (15) feet. This setback applies to all improvements to the commercial property, including parking and accessory structures but not including landscaping.

5.

Multiple dwelling structures: All new duplex and multiple unit dwellings must provide a thirty-five-foot buffer zone, with a minimum ten-foot wide landscaped area along the parcel boundary between a subdivision and the new construction and a fifteen-foot separation between buildings on the development parcel. In addition, a fence is required between the multi-family development and existing single-family units adjacent to the multi-family development.

6.

Storage:

a.

All storage of parts; supplies; raw materials; used or new tires; items for disposal, equipment, vehicles, vessels and trailers being serviced or repaired; or products, other than used or new vehicles, vessels or trailers for sale or lease, shall not be located within the front setback.

b.

(1)

For all other areas of the property, all storage of parts; supplies; raw materials; items for disposal, equipment, vehicles, vessels and trailers being serviced or repaired; or products shall be screened with a masonry wall or fence of solid-faced construction and sufficient in height to screen from view by a person off premises and shall not be less than six (6) feet in height or more than eight (8) feet in height; or

(2)

Stored in a permitted fully enclosed building or structure.

c.

In the C-2 general commercial zone, merchandise may be displayed daily for sale outdoors or incidental temporary use of the property may be authorized, up to 10 feet from the storefront or side of the business. This does not authorize outdoor storage of merchandise in the C-1 limited commercial zone.

J.

Open Area/Landscaping: All landscaped areas shall be planted and maintained in lawn, sod or natural foliage. Additionally, for every lot or project parcel used for any duplex or multi-family dwelling there shall be a minimum of twenty-five percent (25) of the total parcel area set aside for open space, recreational, or landscaped area. At least 18 percent of the parcel area shall be in natural or landscaped open space. Setback and buffer areas can be counted to reach the 18 percent and 25 percent thresholds.

All development parcels adjacent to State or Federal roadways or residential districts shall include at least a ten (10) foot wide landscaped area along the length of the parcel fronting such roadway or district boundary. All off-street parking areas shall include this landscaped area between the parking and the roadway.

K.

Off-Street Parking: Each business operating within the C-1 district shall provide for off-street parking for their customers, visitors or other persons attending the business. Provisions shall also be made for handicapped persons consistent with State and Federal law. Unless governed by Article 8, Section 8.05.03 of this Code, there shall be a minimum of one (1) parking space for each two hundred (200) square feet of building space. Parking area setbacks from R-1 uses shall be as specified in Section 7.15.02(J)(4).

7.15.04 C-2 General Commercial District:

A.

The type of business and commerce to be permitted in C-2 General Commercial District includes any use as permitted in the C-1 limited commercial district. All plans for structures shall be submitted to the City for approval prior to construction. No business shall be allowed which will cause pollution of the soil, cause air pollution, or cause excessive noise within the C-2 general commercial district.

B.

Uses permitted, in addition to those listed under C-1, above, include:

1.

Drive in or drive thru restaurants;

2.

Wholesale and retail establishments with outside storage or display for more than 30 consecutive days;

3.

Outdoor commercial amusement facilities;

4.

Vehicular sales and service;

5.

Commercial amusement;

6.

Other similar uses, but not including heavy manufacturing or those uses listed in Section 7.13.04, above.

C.

All other regulations and provisions of the C-1 district (Section 7.15.03) govern developments within the C-2 district.

7.15.05 Public Lands:

A.

Purpose of District: The Public Lands district is intended for lands used for passive or active public recreational functions, Municipal functions, Utility functions and other functions planned for property owned by Local, State or Federal agencies/governments.

B.

Permitted Uses:

1.

Conservation Lands: On lands to be conserved and protected such as open space, estuarine areas, public and quasi-public lands, spoil sites, and the like, uses shall be limited to walkways, paths, sanitary facilities, refuse containers and similar uses.

2.

Recreation Lands: Lands to be used for recreational purposes may be used as permitted above plus one or more of the following specified uses, (subject to the requirements provided in sub-parts C and D of this Section):

Similar and Accessory Uses: Building or structures in which sport, game and recreation activities are carried on including meeting rooms and food service areas. Auditoriums, community theatres, band shells, etc. are permitted subject to the requirements of this Code. Commercial uses such as refreshment stands, pro shops, bait and tackle shops, etc., are allowed only as accessory uses to the permitted uses in Section B above.

3.

Municipal, Educational and Other Public Uses: Municipal buildings and facilities, Schools operated by the Okaloosa County School Board, County buildings and facilities, Federal buildings and facilities and publicly owned utility facilities (distribution, collection and transmission facilities are allowed in any district).

C.

Uses Prohibited: The permissible uses enumerated in Section B above shall not be construed to include, as a principal use, any of the following (except where noted):

1.

Any business or commercial uses except when meeting requirements of an accessory use;

2.

Any industrial or manufacturing use;

3.

Residential uses, except for recreational vehicles and RV parks.

D.

Site Plan Approval: Site plan approval is required by the City Council. Such approval may only occur after a duly advertised public hearing has been conducted by the Council. Additionally, the site development plan for land use improvements in this district (PL District) shall provide for such an arrangement and location of uses and facilities on the land as to give significant separation from, and protection to, contiguous and nearby residential property. Where the nature of the activities or facilities on the land present any potential hazard or detriment to contiguous residential properties arising from noise, glare, dust, odors, smoke, vibration, flying objects or traffic or parking, protection to such contiguous residential properties shall be provided in the form of open spaces, fences, walls, hedges, plantings, enclosures and/or by other such means as may be appropriate and effective to prevent or minimize such hazards. Parks are to be landscaped employing energy conserving landscape methods that are practicable for the particular site.

E.

Site Size: There shall be no limit to size of a site.

F.

Yards:

1.

No parking area shall be located within ten (10) feet of any residentially zoned property.

2.

No structure, (except benches, tables, sitting areas, fountains, fences, or walls) as hereinafter provided, shall be located within twenty-five (25) feet of any property line.

3.

When structures, (except benches, tables, sitting areas, fountains, fences, or walls) are built within the PL Zone, no required open space, yard or setback area shall be used or developed for any purpose other than for landscaping and paths, walkways and/or driveways reasonably necessary to serve the permitted uses.

G.

Performance Standards:

1.

Open Space/Landscaping: Open space/landscaping is permitted/required in accordance with the requirements set forth in this Code. Additionally:

a.

A landscape plan shall be prepared as part of the site plan.

b.

The landscape plan will identify the natural vegetation to be protected or conserved, and new plantings shall be identified.

c.

All required yards and open spaces adjacent to streets and contiguous to residential property shall be planted and properly maintained with suitable plantings in the form of sod, sprigging, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood.

2.

Parking: Parking for public places shall be required in accordance with the requirements set forth in Article 8 or be based on empiric data gathered for like or similar uses in the area or region.

3.

Lighting: Exterior lighting is permitted provided that exterior lighting on all sites, but especially park and recreation sites, shall be so designed and placed to avoid (to the greatest extent possible) shining into adjacent residential properties and all rights-of-way.

4.

Fences and Walls: Fences and walls are permitted, except that no fence or wall situated within ten (10) feet of any residentially zoned property line shall exceed eight (8) feet in height.

5.

Signage: Signage is permitted in accordance with the requirements set forth in this Code.

7.15.06 PUD - Planned Unit Development District:

A.

Intent and Purpose, Permitted Uses:

1.

Intent and Purpose: It is the purpose of this Section to permit PUD's which are intended to encourage the development of land as planned neighborhoods, encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encouraging scenic and functional open areas; accomplish a more desirable environment that would not be possible through the strict application of the minimum requirements of this Code; provide for an efficient use of land resulting in smaller networks of streets and utilities where access to regional systems is impractical and thereby lowering development and housing costs; and provide a stable environmental character compatible with surrounding areas.

2.

Permitted Uses: The uses permitted within this district shall include the following:

a.

Residential units, including single-family attached and detached dwelling, two-family dwellings, and multiple-family dwellings.

b.

Churches, schools, community or club buildings and similar public and semi-public facilities.

c.

Non-residential uses, including commercial or retail uses, (as secondary uses primarily serving the development) offices, clinics and professional uses. Non-residential uses shall not occupy more than 20 percent of the development site or 30 percent of the gross floor area of all buildings within the development site, except for open space and recreation uses which may occupy as much of the site as may be approved by the City Council. NOTE: There is no requirement to include non-residential uses, other than open-space and common amenities.

B.

Definitions: In addition to the definitions contained elsewhere in this Code, the following terms, phrases, words and derivations shall have the following meaning:

1.

Common Open Space: An area of land, or an area of water, or combination of land and water within the area of a PUD which is designed and intended for the use or enjoyment by residents of the PUD in common. Common open space may contain such recreation structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents of the PUD.

2.

Gross Acreage: The total number of acres within the perimeter boundaries of a PUD development site.

3.

Land Owner: The legal or beneficial owner or owners of all the land proposed to be included in a PUD; the holder of an option or a contract to purchase; or a person having possessory rights of equal dignity will be deemed to be a land owner for the purpose of this Section, so long as the consent to the PUD of the owners of all other interests in the land concerned is obtained.

4.

Net Acreage: The total number of acres within the perimeter boundaries of a PUD excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space and recreation areas.

5.

Planned Unit Development (PUD): An area of land devoted by its owner to development as a single entity for a number of dwelling units, and commercial uses in accordance with a plan which does not necessarily comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations.

6.

Plan: Plans for development of land approved for PUD's shall be processed in accordance with procedures for subdividing and for re-zoning property within the City. Approval of a PUD by the City Council constitutes a re-zoning of the property and, therefore all requirements for re-zoning must be followed.

The preliminary development plan is to be submitted to the City Manager, or his designee, with the preliminary plat. The final development plan is submitted in the same manner for final plat approval.

All terms, conditions and stipulations made at the time of approval for PUD's shall be binding upon the applicant or any successors in interest. Deviations from approved plans not approved as a minor or substantial change as set forth in this Article or failure to comply with any requirement, condition or safeguard shall constitute a violation of these zoning regulations.

C.

Procedure For Approval of a Planned Unit Development: The procedure for obtaining a change in zoning district for the purpose of undertaking a PUD shall be as follows:

1.

Preliminary Planned Unit Development and Master Plan Approval: The applicant shall submit to the City Manager, his application for the PUD zoning classification and shall submit the following exhibits at the same time:

a.

A statement of objectives describing the general purpose and character of the proposed development including type structures and uses.

b.

A Vicinity Map showing the location of the proposed development.

c.

Boundary survey and legal description of the property.

d.

A Topographic Survey.

e.

A Master Plan. A master plan, drawn at a scale suitable for presentation, showing and/or describing the following:

(1)

Proposed Land Uses Including Type Structures;

(2)

Lot Sizes;

(3)

Building Setbacks: Proposed building setbacks shall be noted and shall define the distance buildings will be setback from:

(a)

Surrounding property lines.

(b)

Proposed and existing streets.

(c)

Other proposed buildings.

(d)

The center line of channels, streams or canals.

(e)

The mean high water line of waterbodies.

(f)

Other man-made or natural features which would be affected by building encroachment.

(4)

Proposed Maximum Height of Buildings;

(5)

Open Spaces:

(a)

Developed recreation.

(b)

Common open space.

(c)

Natural areas.

(6)

Collector and Residential Access Streets;

(7)

Screening, Buffering and Landscaped Areas.

f.

A table showing acreage for each category of land use.

g.

A table of proposed maximum and average densities for residential land uses.

h.

A Preliminary Utility Service Plan including sanitary sewers, storm drainage, and potable water supply.

i.

A statement indicating the type of legal instruments that will be created to provide for management of common areas, streets and infrastructure.

j.

Other information which may be determined necessary by the City Manager in order to fully understand and document the proposal. Such other information shall not be unreasonable and shall be required only due to unique circumstances associated with the development site, the neighborhood or the proposal.

2.

Processing the Planned Unit Development Zoning Application and Preliminary Master Plan Submittals: When the City Manager has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of this Code.

3.

Final Development Plan: If rezoning approval for the PUD is granted, the applicant shall submit a Final Planned Unit Development Plan covering all or part of the approved Master Plan within twelve (12) months, to the City Manager. The Final Development Plan shall include the following exhibits.

a.

A statement of objectives.

b.

A topographic map showing contours at intervals of 2 feet:

(1)

The location of existing buildings, water courses, transmission lines, sewers, bridges, water mains and any public utility easements.

(2)

Wooded areas, streams, lakes, marshes and any other physical conditions affecting the site.

c.

A development plan showing:

(1)

The boundaries of the site.

(2)

Width, location and names of surrounding streets.

(3)

Surrounding land use.

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking.

(5)

The use, size and location of all proposed building sites including type structures.

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing and proposed drainage and sewer lines.

(2)

The disposition of solid waste, sanitary waste and stormwater.

(3)

The source of potable water.

(4)

Location and width of all utility easements rights-of-way.

(5)

Department of Transportation and Department of Environmental Protection Permits.

e.

All landscaped areas:

(1)

Landscaped areas.

(2)

Location, height and material for walks, fences, walkways, and other man-made landscape features.

(3)

Location and diameter at breast height of trees to be removed and location species of trees to be planted.

f.

The substance of covenants, grants, easements or restrictions to be imposed on the use of the land, buildings and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, must be approved by the City Attorney before final approval of the plan.

4.

No building permit shall be issued for any portion of a proposed PUD until the final Development Plan has been approved.

5.

Revision of a Planned Unit Development: Any proposed major and substantial change in the approved Preliminary Planned Unit Development Master Plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the City Council in the same manner of the initial Zoning Application. A request for a revision of the Preliminary Planned Unit Development Master Plan shall be supported by a written statement and by revised plans. Minor changes, and/or deviations from the Preliminary Planned Unit Development Master Plan, which do not affect the intent or character of the development, shall be reviewed by the City Manager. Upon approval of the revisions, both minor and major, the applicant shall make revisions to the plans and submittals and file with the City Manager within thirty (30) days.

Examples of substantial and/or minor changes are:

Substantial Changes

Perimeter changes;
Major street relocation;
Change in building height, density, or land use pattern.

Minor Changes:

Change in alignment, location direction, or length of local street; Adjustments or minor shifts in dwelling unit mixes, not resulting in increased overall density;
Reorientation or slight shifts in building locations.

6.

Planned Unit Development Time Limitations: If substantial construction, as determined by the City Manager, has not begun within two (2) years after approval of the PUD by the City Council, the approval of the PUD will lapse.

The City Manager may extend the period for beginning construction by not more than six (6) months, if it is demonstrated that such an extension will result in the development of the approved PUD and that delays were beyond the control of the applicant. The burden of proof for obtaining the extension is on the applicant.

If the PUD lapses under this provision, the City Manager shall cause the PUD district to be removed from the official zoning map, mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and reinstate the zoning district which was in effect prior to the approval of the PUD. If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the Okaloosa County Property Appraiser's records as owning the subject property.

D.

Development Standards for Planned Unit Developments:

1.

Relation of Zoning Districts: An approved PUD shall be considered to be a separate zoning district in which the development plan, as approved, establishes the restrictions and regulations according to which the development shall occur. Upon approval, the official Zoning Map will be changed to indicate the area as PUD.

2.

Density: The average density permitted in each PUD shall be established by the City Manager by examining the existing surrounding density, adequacy of existing and proposed public facilities and services and site characteristics. However, the maximum density allowed in any PUD shall be one-hundred and fifty (150) percent of the highest permitted density of the residential district imposed on the property prior to the PUD, or if not zoned residential at the time of application, to a maximum fifteen (15) units per acre.

3.

Building Height: Except for elevated municipal water storage facilities, no building or structure shall exceed three (3) stories above a ground floor parking area or 45 feet in height above the highest natural elevation of the property to the bottom of the cornice line, whichever is less. In no cases shall the total height of the structure be more than 75 feet above mean sea level (MSL), inclusive of elevator shafts, air conditioning, condensing units or cooling towers, antennas, copulas, spires, chimneys, ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

4.

Dimensional and Bulk Regulations: The location of all proposed building sites shall be shown on the final development plan.

5.

Common Open Space: Common open spaces shown on a Final Development Plan shall be usable, common open space owned and operated by the developer or dedicated to a homeowner's association or similar group.

6.

Access and Parking: All streets, thoroughfares and access ways shall be paved and designed to effectively relate to the major thoroughfares of Mary Esther and Okaloosa County. Adequate off-street parking shall meet the off-street parking requirements set forth in Article 8 of this Code for similar uses unless otherwise approved.

7.

Perimeter Requirements: The City Council or City Manager may impose the requirement that structures, buildings and streets located at the perimeter of the development be permanently screened, buffered, reoriented or modified to insure compatibility with the adjacent buildings.

PUD (ZONING) APPLICATION AND SUBMITTAL CHECK-LIST

7.15.07 PMDD - Planned Mixed Development District:

A.

Intent and Purpose, Permitted Uses:

1.

Intent and Purpose: It is the purpose of this Section to permit Planned Mixed Use developments as planned neighborhoods and business and commercial centers; encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encouraging functional open areas; accomplish a more desirable environment that would not be possible through the strict application of the minimum requirements of these regulations; provide for an efficient use of land resulting in smaller networks of streets and utilities where access to regional systems is impractical and thereby lowering development and housing costs; and providing a stable environmental character compatible with surrounding areas.

Among other development scenarios, this district is intended to permit development with mixed uses in a single building or in one or more buildings within a development area. For example, a development might include a three story building(s), with commercial uses on the first floor and residential uses on the 2nd and 3rd floors. Various combinations and scenarios are possible.

2.

Permitted Uses: The uses permitted within this district shall include the following:

a.

Residential units, including single-family attached and detached dwellings, two-family dwellings and multiple-family dwellings.

b.

Churches, schools, community or club buildings and similar public and semi-public facilities.

c.

Non-residential uses, including commercial or retail uses; offices, clinics and professional uses.

d.

There is no minimum requirement regarding the mix of land uses within the development site, but a mix of residential and non-residential is encouraged. If there is no residential component to a proposed Mixed Use Development, the applicant shall be required to justify why the development could not be permitted under the C-1 or C-2 zoning district regulations. To accept or reject such justification is a policy decision of the City Council and shall be based on the Council's determination as to the best interests of the City.

B.

Definitions: In addition to the definitions contained in this Code, the following terms, phrases, words and derivations shall have the following meaning:

1.

Common Open Space: An area of land, or an area of water, or combination of land and water within the area of a Planned Mixed Use Development which is designed and intended for the use of enjoyment of residents or users of the Development in common. Common open space may contain such structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents or users of the Mixed Use Development.

2.

Gross Acreage: The total number of acres within the perimeter boundaries of a Planned Mixed Use Development.

3.

Land Owner: The legal or beneficial owner or owners of all the land proposed to be included in a Planned Mixed Use Development: the holder of an option or a contract to purchase; or a person having possessory rights of equal dignity (such as a lease) will be deemed to be a land owner for the purpose of this Section.

4.

Net Acreage: The total number of acres within the perimeter boundaries of a Planned Mixed Use Development excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space and recreation areas.

5.

Planned Mixed Development District (PMDD): An area of land devoted by its owner to development as a single entity for a number of dwelling units, and/or commercial uses in accordance with a plan which does not necessarily comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations.

6.

Plan: Plans for development of land approved for Planned Mixed Developments shall be processed in accordance with procedures for subdividing and for re-zoning property within the City. Approval of a PMDD by the City Council constitutes a re-zoning of the property and, therefore all requirements for re-zoning must be followed.

The preliminary development plan is to be submitted to the City Manager, or his designee, with the preliminary plat. The final development plan is submitted in the same manner for final plat approval.

C.

Procedure for Approval of a Planned Mixed Use Development: When a parcel of land is zoned for Planned Mixed Development District, such parcel shall not be subdivided into smaller parcels without first complying with the provisions of this Section for Master Planning. The procedure for obtaining approval for the purpose of undertaking a Planned Mixed Use Development shall be as follows:

1.

Preliminary Planned Mixed Use Development and Master Plan Approval: The applicant shall submit to the City Manager, his application for the approval of the Planned Development and shall submit the following exhibits at the same time:

a.

A statement of objectives describing the general purpose and character of the proposed development including type structures and uses.

b.

A Vicinity Map showing the location of the proposed Planned Business Development.

c.

Boundary survey and legal description of the property.

d.

A Topographic survey.

e.

A Master Plan, drawn at a scale suitable for presentation, showing and/or describing the following:

(1)

Proposed Land Uses Including Type Structures.

(2)

Lot Sizes.

(3)

Building Setbacks: Proposed building setbacks shall be noted and shall define the distance buildings will be setback from:

(a)

Surrounding property lines.

(b)

Proposed and existing streets and highways.

(c)

Other proposed buildings.

(d)

The center line of channels, streams, and canals.

(e)

The mean high water line of waterbodies.

(f)

Other man-made or natural features which would be affected by building encroachment.

(4)

Proposed Maximum Height of Buildings.

(5)

Open Spaces:

(a)

Developed recreation.

(b)

Common open space and amenities.

(c)

Natural areas.

(6)

Collector and Residential Access Streets.

(7)

Screening, Buffering and Landscaped Areas.

f.

A table showing acreage for each category of land use.

g.

A table of proposed maximum and average densities for residential land uses and intensities (FAR) for non-residential uses.

h.

A Preliminary Utility Service Plan including sanitary sewers, storm drainage, and potable water supply, showing general location of major water and sewer lines, plant location, lift stations, etc.

i.

A statement indicating the type of legal instruments that will be created to provide for the management of common areas, streets and infrastructure.

j.

A signage plan with locations and sizes of proposed signs.

2.

Processing the Planned Mixed Development Zoning Application and Preliminary Master Plan Submittals: When the City Manager has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of this Code.

The Preliminary Master Plan must accompany the rezoning Application.

3.

Final Development Plan: If approval for the Planned Mixed Use Development is granted by the City Council, the applicant shall submit a Final Development Plan covering all or part of the approved Master Plan within twelve (12) months, to the City Manager.

The Final Development Plan shall include the following exhibit:

a.

A statement of objectives;

b.

A topographic map showing:

(1)

The location of existing streets, buildings, water courses, transmission lines, sewers, bridges, water mains and any public utility easements.

(2)

Wooded areas, streams, lakes, marshes and any other physical conditions affecting the site.

(3)

Existing contours shown at intervals of two (2) feet.

c.

A development plan showing:

(1)

The boundaries of the site.

(2)

Width, location and names of surrounding streets.

(3)

Surrounding land use.

(4)

Proposed streets and street names and other vehicular and pedestrian circulation systems including off-street parking.

(5)

The use, size and location of all proposed building sites including type structures.

(6)

Location and size of common open spaces and public or semi-public areas.

d.

A utility service plan showing:

(1)

Existing and proposed drainage and sewer lines.

(2)

The disposition of sanitary waste and stormwater.

(3)

The source of potable water.

(4)

Location and width of all utility easements right-of-way.

(5)

Department of Transportation and Department of Environmental Protection and any other required regulatory agency Permits.

e.

A landscaping plan showing:

(1)

Landscaped areas.

(2)

Location, height and material for walks, fences, walkways, and other man-made landscape features.

f.

The substance of covenants, grants, easements or restrictions to be imposed on the use of the land, buildings and structures, including proposed easements for public and private utilities. All such legal documents, including homeowners associations and deed restrictions, must be approved by the City Attorney before final approval of the plan.

4.

No building permit shall be issued for any portion of a proposed Planned Mixed Use Development until the Final Development Plan has been approved.

5.

Revision of an Approved Planned Development: Any proposed major and substantial change in the approved Preliminary Planned Mixed Use Development Master Plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the City Manager in the same manner as the initial site plan approval. A request for a revision of the Preliminary Planned Mixed Use Development Master Plan, shall be supported by a written statement and by revised plans demonstrating the reasons revisions are necessary or desirable.

Minor changes, and/or deviations from the Preliminary Planned Mixed Use Development Master Plan, which do not affect the intent or character of the development, shall be reviewed and identified by the City Manager and may be approved by the same. Upon approval of the revisions, the applicant shall make revisions to the plans and submittals and file with the City Manager and City Clerk within thirty (30) days.

Examples of substantial and/or minor changes are:

Substantial Changes:

Perimeter changes;
Major street relocation;
Change in building height, density, intensity or land use pattern;
Changes in signage plan;
Any reduction in open space and/or landscaped areas.

Minor Changes:

Change in alignment, location direction, or length of internal streets or sidewalks;
Adjustments or minor shifts in dwelling unit or commercial mixes, not resulting in increased overall density or increased intensity;
Reorientation or slight shifts in building locations.

NOTE: If the City Manager questions whether a change is minor, he will present the matter to the City Council for direction or determination.

6.

Planned Mixed Development Time Limitations: If substantial construction, as determined by the City Manager, has not begun within two (2) years after approval of the PMDD by the City Council, the approval of the PMDD will lapse.

The City Manager may extend the period for beginning construction by not more than six (6) months, if it is demonstrated that such an extension will result in the development of the approved PMDD and that delays were beyond the control of the applicant. The burden of proof for obtaining the extension is on the applicant.

If the PMDD lapses under this provision, the City Manager shall cause the PMDD district to be removed from the official zoning map, mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and reinstate the zoning district which was in effect prior to the approval of the PMDD. If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the Okaloosa County Property Appraiser's records as owning the subject property.

D.

Development Standards for Planned Mixed Use Developments:

1.

Minimum Frontage Width: The development parcel shall have a minimum frontage width of one hundred (100) feet on a public roadway to be considered for Planned Mix Use Development.

2.

Relation to Zoning Districts: An approved Planned Mix Use Development Plan shall establish the restrictions and regulations according to which the development shall occur. Upon approval, the official Zoning Map will be changed to indicate the property is a Planned Mix Use Development District.

3.

Density/Intensity: The average density and intensity permitted in each Planned Mix Use Development shall be established by the City Manager by examination of existing surrounding density and intensity, adequacy of existing and proposed public facilities and services and site characteristics. However, the maximum density allowed in any PMDD shall not exceed 20 units per gross acre and the maximum intensity shall not exceed a 1.92 Floor Area Ratio.

4.

Building Height: Except for elevated municipal water storage facilities no building or structure inclusive of all roof top appurtenances, shall exceed the building height limits as set forth in exhibit A. The City shall provide any applicant for a proposed building or structure seventy-five (75) feet or taller above mean sea level (MSL), the height limits in graphic form.

From Doolittle Boulevard in a north and south straight line extension to the westernmost City limits, no building or structure shall exceed eighty (80) feet in height above mean sea level (MSL). This area shall be designated as "Zone A".

From Doolittle Boulevard in a north and south straight line extension eastward to Jonquil Avenue in a north and south straight line extension, no building or structure shall exceed ninety (90) feet in height above mean sea level (MSL). This area shall be designated as "Zone B".

From Jonquil Avenue in a north and south straight line extension to the easternmost City limits, no building or structure shall exceed one-hundred (100) feet in height above mean sea level (MSL). This area shall be designated as "Zone C".

5.

Dimensional and Bulk Regulations: The location of all proposed building sites shall be shown on the Final Development Plan, subject to minimum lot sizes, setback lines, as specified in the Master Plan and approved by the City Council.

6.

Common Open Spaces: At least fifteen percent (15) of the area covered by a Final Development Plan shall be usable, common open space owned and operated by the developer or dedicated to a homeowner's association or similar group. This is provided, that in establishing the density per gross acre, that the City may increase the percentage of common open space in order to carry out the intent and purposes as set forth in subsection A above.

7.

Access and Parking: All streets, thoroughfares and access ways shall be paved and designed to effectively relate to the major thoroughfares of Mary Esther and Okaloosa County. Adequate off-street parking shall meet the off-street parking requirements set forth in Article 8 of this Code for similar uses unless otherwise approved and based on empiric data for such use.

8.

Perimeter Requirements:

a.

The City Council or City Manager may impose the requirement that structures, buildings and streets located at the perimeter of the development be permanently screened, buffered, reoriented or modified to insure compatibility with the adjacent existing uses.

b.

Frontage streets, limited access ways and/or shared accesses may be required where the proposed development would otherwise have multiple district access to major and minor arterial corridors to protect the health, safety and welfare of the motorists.

PLANNED MIXED DEVELOPMENT SUBMITTAL CHECKLIST

(Ord. No. 2008-01, § I, 1-7-08; Ord. No. 2012-08, § I, 9-14-12; Ord. No. 2014-18, § I, 11-3-14; Ord. No. 2015-01, § I, 4-6-15; Ord. No. 2015-04, § I, 4-6-15; Ord. No. 2017-09, § 3, 12-4-17; Ord. No. 2019-15 , § I, 12-2-19)