This title shall be known and may be cited as "The City of Pensacola Land Development Code" and may also be referred to as the "land development code," "LDC," "land development regulations" or "zoning code." The term "this title" when used herein shall refer to "The City of Pensacola Land Development Code."

(Code 1986, § 12-1-1)

This title is adopted pursuant to the authority granted by F.S. § 166.021, F.S. ch. 163, pt. III, and other applicable provisions of law for the purpose of adopting and codifying comprehensive land development regulations for the city. The council finds that the regulations set forth in this title are a necessary and proper means for planning and regulating the development of land in the city and for otherwise protecting and promoting the public health, safety and general welfare of its citizens.

(Code 1986, § 12-1-2)

(a)

The regulations and requirements herein set forth are established in accordance with the city's comprehensive plan to encourage the most appropriate use of land throughout the city with reasonable consideration, among other things, of the prevailing land uses, growth characteristics and character of the respective districts and their suitability for particular uses. Specifically, this title provides regulations to implement applicable goals, objectives and policies of the city's adopted comprehensive plan.

(b)

The city will amend its land development code consistent with requirements of F.S. § 163.3184 so that future growth and development will continue to be managed through the preparation, adoption, implementation and enforcement of land development regulations that are consistent with the comprehensive plan.

(Code 1986, § 12-1-3)

(a)

No structure shall be erected or reconstructed, nor shall any building or land be used in a manner that does not comply with all the district regulations established by this title for the district in which the building or land is located. Provided, however, lots may be developed in accordance with the building setback requirements set forth in a recorded subdivision plat for a single-family residential development notwithstanding any inconsistency with later amendments to the building setback requirements of this title. Nothing in this title shall be construed to authorize development that is inconsistent with the city's comprehensive plan.

(b)

The owner of every structure hereafter erected, reconstructed or structurally altered shall provide proof of a recorded perpetual access easement to a public street or right-of-way; however, all residential lots shall abut a public street or right-of-way or private street except for lots fronting on Bayou Chico, Bayou Texar, Pensacola Bay and Escambia Bay when proof of recorded access easement is provided. In R-1AAAA, R-1AAA, R-1AA, R-1A, and R-ZL zones, there shall be no more than one single-family residence or duplex per lot except as provided for in section 12-3-81.

(Code 1986, § 12-1-4; Ord. No. 39-92, § 1, 12-17-1992; Ord. No. 11-94, § 1, 4-14-1994; Ord. No. 13-06, § 1, 4-27-2006)

(a)

In interpreting and applying the provisions of this title, the minimum requirements for the promotion of the public health, safety, and general welfare of the community shall be adhered to. The city shall not interfere with, nullify, amend nor be responsible for enforcing covenants, deed restrictions or other agreements between private parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, deed restrictions or agreements, the provisions of this title shall prevail.

(b)

In the event there is not a particular use listed anywhere in this title that corresponds with a proposed use, then it shall be interpreted that the use described in this title having the most similar characteristics as the use in question shall apply.

(c)

The provisions of this title shall not affect, alter, nullify, amend or modify the existing provisions of any code or any ordinance relating to and controlling, regulating or affecting the sale of alcoholic beverages or any ordinance relating to health, safety and sanitation. With respect to the Pensacola historic district, the North Hill preservation district, and the Old East Hill preservation district only the zoning board of adjustment may make any administrative interpretation allowing a proposed use other than those expressly permitted by the applicable district regulations.

(Code 1986, § 12-1-5; Ord. No. 15-00, § 1, 3-23-2000; Ord. No. 13-06, § 2, 4-27-2006)

(a)

Intent. Within the districts established by this title, or amendments that may later be adopted, there may exist lots, structures, uses of land and or structures, and/or characteristics of use that would be prohibited, regulated, or restricted under the terms of this title or future amendments. It is the intent of this title to allow these nonconformities to exist but not to encourage their continuation. Such uses are declared by this title to be nonconforming and incompatible with permitted uses in the districts involved.

(b)

Nonconforming lots; lots of record. Where a lot or parcel of land has an area or a width less than the minimum required for a residential use, and was owned as a separate unit as shown of record on July 23, 1965, such lot or parcel of land shall be considered a lot of record and may be used only for a single-family dwelling. Where a lot or parcel of land is determined to be a lot of record, such lot may be used as a residential building site, provided said lot complies with the following minimum yard requirements:

(1)

Front yard—20 feet.

(2)

Side yard—Four feet.

(3)

Rear yard—Ten feet.

Lots of record are exempt from corner lot and visibility triangle requirements except for placement of the dwelling.

(c)

Nonconforming structures. Where a legal structure exists that would not be permitted under the terms of this title by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure shall be declared a nonconforming structure and may be maintained provided that no such structure shall be enlarged in a way that increases its nonconformity.

(d)

Nonconforming uses of land and structures. Where a legal use of land exists that would not be permitted under the terms of this title, as enacted or amended, such use shall be declared a nonconforming use and may be continued subject to the following provisions:

(1)

Extension of nonconforming use. No such nonconforming use may be extended to occupy any greater area of land or extended to occupy any land outside any buildings on the same parcel.

(2)

Discontinuance of nonconforming use. If a nonconforming use is discontinued, removed or abandoned for a period of not less than 365 days, any future use of the land and structure shall be in conformity with the provisions of this title.

(3)

Where the cessation of a nonconforming use is the result of fire, explosion or other casualty, or act of God, or the public enemy the nonconforming use shall not be declared discontinued until six months after the initial 365-day period. Additional time may be granted by the zoning board of adjustment upon proof by the landowner that the landowner has proceeded with diligence to restore the use and circumstances beyond the landowner's control have made the period of time inadequate.

(4)

Nothing in this title shall be interpreted as authorization for, or approval of, continuation of any illegal use of a building, structure, premises or land, in violation of any ordinance in effect at the time of the passage of this title. The casual, intermittent, temporary, or illegal use of land, building or structure for any length of time shall not be sufficient to establish the existence of a nonconforming use.

(e)

Change in nonconforming use.

(1)

There may be a change in tenant, ownership or management of a nonconforming use provided there is no change in the nature or character of such nonconforming use.

(2)

A nonconforming use may be changed to a different nonconforming use; provided, however, that the proposed use is permitted within the same zoning district as the existing nonconforming use or a use in a more restricted zoning district.

(3)

When a nonconforming use is changed to another nonconforming use permitted in a more restricted zoning district, the new use may not be changed back to a nonconforming use permitted in a less restricted zoning district.

(4)

When a nonconforming use has been changed to a conforming use, the conforming use may not be changed back to a nonconforming use.

(f)

Restoration. Nonconforming fences may be repaired or replaced after obtaining the proper permit without the necessity of following the requirements listed in this subsection. Nothing in this title shall be taken to prevent the restoration of any other nonconforming structure or a building housing a nonconforming use destroyed to the extent of not more than 75 percent of its value by fire, explosion, or other casualty, or act of God, or the public enemy. A nonconforming structure or a building housing an existing nonconforming use destroyed to the extent of more than 75 percent may be reconstructed and the nonconforming use continued provided the following requirements are complied with:

(1)

Public hearing. A public hearing is held after notification of same being mailed to each owner of property within 500 feet of the property in question subject to regulations in section 12-11-3(6)a.7 and 9.

(2)

City council approval. Five members of the city council must vote in favor of a permit to allow the reconstruction of a nonconforming structure and/or the continuance of a nonconforming use in order for same to be effective.

(3)

Building restrictions. The structure, as reconstructed, shall not exceed its former dimensions, either in ground floor area, total floor space, or number of stories unless it complies with all the lot line and setback restrictions of the particular zoning district in which the property in question is located.

(4)

Appeals. Once such a petition has been denied, it shall not again be entertained for one year after the date of denial.

(g)

Governmental right-of-way takings. If, as a result of governmental right-of-way takings, by either negotiation or condemnation, existing building or vehicular use areas or other permitted uses would, but for this subsection, become nonconforming or further nonconforming with the setback and landscape provision of this title, the following provisions shall apply:

(1)

Subject to the procedure set forth in subsection (g)(4) of this section, existing building and vehicular use areas or other permitted uses that are not within the part taken, but which, because of the taking, do not comply with the setback, landscape or other requirements of this title, shall not be required to be reconstructed to meet such requirements and the remainders shall be deemed thereafter to be conforming properties. The exemption thus created shall constitute a covenant of compliance running with the use of the land.

(2)

Subject to the procedure set forth in subsection (g)(4) of this section, any conforming building or vehicular use areas or other permitted uses taken either totally or partially may be relocated on the remainder of the site without being required to comply with the setback provisions of this title except that the relocated building or vehicular use areas or other permitted uses shall be set back as far as is physically feasible without reducing the utility or use of the relocated building or vehicular use areas or other permitted uses below its pre-taking utility use. The exemption thus created shall constitute a covenant of compliance running with the land.

(3)

Any properties exempt according to subsections (g)(1) and (2) of this section that are thereafter destroyed, other than by voluntary demolition, to an extent of more than 75 percent of the value at the time of destruction, may be restored but only to the pre-destruction condition.

(4)

As to the exemptions in subsections (g)(1) and (2) of this section, either the condemning authority or the landowner or both of them may apply in writing to the planning services department for a determination that the granting of the exemption will not result in a condition dangerous to the health, safety, or welfare of the general public. The planning services department shall, within 30 days of the filing of application, determine whether or not the exemption to the setback granted by this section will endanger the health, safety, or welfare of the general public. If the planning services department determines that the granting of the exemption under this section will not constitute a danger to the health, safety, or welfare of the general public, the planning services department shall issue a signed letter to all parties granting exemption. The letter shall specify the details of the exemption in a form recordable in the public records of the county. If the application is denied, the planning services department shall issue a signed letter to the applicant specifying the specific health or safety grounds upon which the denial is based.

(5)

Any development permits or variances necessary to relocate building or vehicular use areas or other permitted uses taken or partially taken may be applied for by the condemning authority and granted for the property in question.

(Code 1986, § 12-1-6; Ord. No. 32-92, § 1, 10-8-1992; Ord. No. 33-95, § 1, 8-10-1995; Ord. No. 45-96, § 1, 9-12-1996; Ord. No. 13-06, § 3, 4-27-2006; Ord. No. 16-10, § 196, 9-9-2010)

(a)

Concurrency management. The city adopted a concurrency management system, effective May 1, 1991, to ensure that public facilities and services needed to support development are available concurrent with the impacts of such developments. In determining the availability of services or facilities, a developer may propose, and the city may approve, developments in stages or phases so that facilities and services needed for each phase will be available in accordance with the standards required by subsections (a)(1) through (3) of this section.

(1)

Potable water, sanitary sewer, solid waste, and drainage. The following standards shall be met to satisfy the concurrency requirement:

a.

The necessary facilities and services are in place at the time a development permit is issued;

b.

A development permit is issued subject to the condition that the necessary facilities and services will be in place when the impacts of the development occur;

c.

The necessary facilities are under construction at the time a permit is issued;

d.

The necessary facilities and services are guaranteed in an enforceable development agreement that includes the provisions of subsection (a)(1)a, b or c of this section. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 et seq., or an agreement or development order issued pursuant to F.S. ch. 380. The agreement must guarantee that the necessary facilities and services will be in place when the impacts of the development occur.

(2)

Recreation and open space. The city shall satisfy the concurrency requirement by complying with the standards in subsection (a)(1)a, b, c or d of this section, or by ensuring that the following standards will be met:

a.

At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract that provides for the commencement of the actual construction of the required facilities, or the provision of services within one year of the issuance of the development permit; or

b.

The necessary facilities and services are guaranteed in an enforceable agreement that requires the commencement of the actual construction of facilities or the provision of services within one year of the issuance of the applicable development order. An enforceable development agreement may include, but is not limited to, development agreements pursuant to F.S. § 163.3220 et seq., or an agreement or development order issued pursuant to F.S. ch. 380.

(3)

Roads designated in the comprehensive plan. The city shall satisfy the concurrency requirement by complying with the standards in subsection (a)(1)a, (a)(1)b, (a)(1)c, (a)(1)d, (a)(2)a or (a)(2)b of this section. In addition, in areas in which the city has committed to provide the necessary public facilities and services in accordance with its five-year schedule of capital improvements, the following provisions shall apply:

a.

The capital improvements element and a five-year schedule of capital improvements that, in addition to meeting all the other statutory and rule requirements, must be financially feasible. The capital improvements element and schedule of capital improvements may recognize and include transportation projects including in the first three years of the applicable, adopted state department of transportation five-year work program.

b.

The five-year schedule of capital improvements that includes both necessary facilities to maintain the adopted level of service standards to serve the new development proposed to be permitted and the necessary facilities required to eliminate that portion of existing deficiencies that are a priority to be eliminated during the five-year period under the city's plan schedule of capital improvements pursuant to subsection (a)(1)a of this section.

c.

A realistic, financially feasible funding system based on currently available revenue sources that are adequate to fund the public facilities required to serve the development authorized by the development order and development permit and which public facilities are included in the five-year schedule of capital improvements.

d.

The five-year schedule of capital improvements shall include the estimated date of commencement of actual construction and the estimated date of project completion.

e.

Actual construction of roads and the provision of services must be scheduled to commence in or before the third year of the five-year schedule of capital improvements.

f.

An amendment to the comprehensive plan shall be required to eliminate, defer, or delay construction of any roads or service that is needed to maintain the adopted level of service standard and that is listed in the five-year schedule of improvements.

(b)

Concurrency review. The concurrency review shall compare the available and reserved capacity of the facility or service to the demand projected for the proposed development. The available capacity shall be determined by adding the total of the existing excess capacity and the total future capacity of any proposed construction and/or expansion of facilities that meets the requirements of subsection (a) of this section.

(1)

Burden of showing compliance. The burden of showing compliance with the adopted levels of service and meeting the concurrency evaluation shall be upon the applicant. The city may require whatever documentation is necessary to make a determination.

(2)

Exemptions.

a.

Final approved development orders relating to a development of regional impact project, pursuant to F.S. ch. 380, are exempt from concurrency review.

b.

Any applicant for a building permit or development order who alleges that this chapter, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights must affirmatively demonstrate that either site construction approval or residential subdivision infrastructure approval has been granted by the city engineer on or before May 1, 1991, that construction commenced within six months of the granting of such approval, and that construction has proceeded at a reasonable pace toward completion.

(c)

Action upon failure to show available capacity. Where available capacity cannot be shown, the following methods may be used to maintain adopted level of service.

(1)

Level of service improvements. The project owner or developer may provide the necessary improvements to maintain level of service. In such case the application shall include: appropriate plans for improvements; documentation that such improvements are designed to provide the capacity necessary to achieve or maintain the level of service; and recordable instruments guaranteeing the construction, consistent with calculations of capacity above.

(2)

Project alteration. The proposed project may be altered such that projected level of service is no less than the adopted level of service.

(Code 1986, § 12-1-7; Ord. No. 13-92, § 1, 5-28-1992; Ord. No. 8-99, § 1, 2-11-1999; Ord. No. 16-10, § 197, 9-9-2010)

For the purpose of this title, certain words, terms and symbols are to be interpreted as follows, unless the context clearly indicates otherwise:

Conflicts. The particular shall control the general. In case of any difference of meaning or implication between the text of these zoning regulations and any caption, figure, illustration, summary table, or illustrative table, the text shall control.

Figures, tables and illustrations. Any chart or graphic presentation in this title that is specifically designated as a "Figure" or "Table" shall be deemed to be a part of the text of the title and controlling on all development. Wherever illustrations are not specifically so designated, they are provided only as aids to the user of the chapter and shall not be deemed a part of its text.

Guidelines; regulations; standards. Guidelines are encouraged and recommended but not mandatory; regulations and standards are mandatory.

Interpretation of undefined terms. Terms not otherwise defined herein shall be interpreted first by reference to the city's adopted comprehensive plan, if specifically defined therein; secondly, by reference to generally accepted building code, engineering, planning or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise.

Shall; should; may; includes. The word "shall" is mandatory; the word "should" is directive but not mandatory; the word "may" is permissive. The word "includes" shall not limit a term to the specific examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

Tense; number. Words used in the present tense can include the future; words in the masculine gender can include the feminine and neuter, and vice versa; words in the singular number can include the plural; and words in the plural can include the singular, unless the obvious construction of the wording indicates otherwise.

(Code 1986, § 12-1-8)