PART III

Escambia County
Land Development Code

DISCLAIMER:
This is for general information on the land use regulations within the unincorporated areas of
Escambia County. Please note that Escambia County regularly amends its land use regulations
and that recent amendments may not yet be shown on this website. Accordingly, when buying,
selling, or developing land in Escambia County, please come in to our office & speak with a
Front Counter Planner for assistance on the most current regulations affecting your property.

4/13/18☼
 Table of Contents
LAND DEVELOPMENT CODE (LDC)

Chapter 1 Administration
Article 1 General Provisions
Sec. 1-1.1 Purpose of chapter.
Sec. 1-1.2 Purpose of article.
Sec. 1-1.3 Title of code.
Sec. 1-1.4 Authority of Land Development Code (LDC).
Sec. 1-1.5 Purpose of LDC.
Sec. 1-1.6 Enforcement of LDC compliance.
Sec. 1-1.7 Applicability of LDC provisions.
Sec. 1-1.8 Effective date of LDC provisions.
Sec. 1-1.9 Impartiality of LDC provisions.
Sec. 1-1.10 Adjustments to LDC provisions.
Sec. 1-1.11 Rules for understanding LDC provisions.
Sec. 1-1.12 Appeal of LDC-based determinations.
Sec. 1-1.13 Relation of LDC to other authorities.
Sec. 1-1.14 Conflicting provisions with and within LDC.
Sec. 1-1.15 Severability of LDC provisions.
Article 2 Nonconformance
Sec. 1-2.1 Purpose of article.
Sec. 1-2.2 General conditions
Sec. 1-2.3 Continuing nonconformance.
Article 3 County Officials
Sec. 1-3.1 Purpose of article.
Sec. 1-3.2 County Administrator.
Sec. 1-3.3 Planning Official.
Sec. 1-3.4 Building Official.
Sec. 1-3.5 County Engineer.
Sec. 1-3.6 Community and Environment Director
Article 4 County Boards
Sec. 1-4.1 Purpose of article.
Sec. 1-4.2 Board of County Commissioners (BCC).
Sec. 1-4.3 Planning Board.
Sec. 1-4.4 Santa Rosa Island Authority
Sec. 1-4.5 Board of Adjustment (BOA).
Chapter 2 Development and Compliance Review
Article 1 General Provisions
Sec. 2-1.1 Purpose of chapter.
Sec. 2-1.2 Purpose of article.
Sec. 2-1.3 General compliance review provisions.
Sec. 2-1.4 General provisions of compliance review.

Article 2 Verifications and Confirmations

Sec. 2-2.1 Purpose of article.
Sec. 2-2.2 Permitted land use.
Sec. 2-2.3 Lot conformance.
Sec. 2-2.4 Street names and addresses.
Sec. 2-2.5 Alcoholic beverage zoning.
Sec. 2-2.6 Land Development Code (LDC) interpretation.
Sec. 2-2.7 Use compatibility.
Article 3 Land Disturbance Activities
Sec. 2-3.1 Purpose of article.
Sec. 2-3.2 General land disturbance.
Sec. 2-3.3 Pre-construction site work.
Sec. 2-3.4 Construction in county right-of-way.
Sec. 2-3.5 Residential driveways.
Sec. 2-3.6 Removal of protected trees.
Sec. 2-3.7 Sand and aggregate on barrier islands.
Article 4 Site Development
Sec. 2-4.1 Purpose of article.
Sec. 2-4.2 Site development review.
Sec. 2-4.3 Minor site development.
Sec. 2-4.4 Major site development.
Article 5 Subdivision
Sec. 2-5.1 Purpose of article.
Sec. 2-5.2 Subdivision review and platting.
Sec. 2-5.3 Minor subdivisions.
Sec. 2-5.4 Master plans.
Sec. 2-5.5 Preliminary plats.
Sec. 2-5.6 Construction plans.
Sec. 2-5.7 Final plats.
Sec. 2-5.8 Plat vacation.
Article 6 Special Conditions and Circumstances
Sec. 2-6.1 Purpose of article.
Sec. 2-6.2 Review by quasi-judicial hearing.
Sec. 2-6.3 Variance of LDC standards
Sec. 2-6.4 Conditional uses.
Sec. 2-6.5 Extensions of review, approval, and use periods.
Sec. 2-6.6 Medical hardship temporary use of manufactured homes.
Sec. 2-6.7 Vested rights.
Sec. 2-6.8 Planned Unit Developments.
Sec. 2-6.9 Statutory development agreements.
Sec. 2-6.10 Appeal of administrative decisions.
Article 7 LDC and Comprehensive Plan Amendment
Sec. 2-7.1 Purpose of article.
Sec. 2-7.2 LDC zoning map and text amendments.
Sec. 2-7.3 Comprehensive Plan Future Land Use and text amendments.
Sec. 2-7.4 Applications for Opting-Out of the Mid-West Escambia
County Sector Plan

Article 8 Manual and Procedures

Sec. 2-8.1 Purpose of article.
Sec. 2-8.2 General.
Sec. 2-8.3 Criteria for inclusion.
Sec. 2-8.4 Design Standards Manual (DSM).
Sec. 2-8.5 Amendments or changes to the DSM.
Chapter 3 Zoning Regulations
Article 1 General Provisions
Sec. 3-1.1 Purpose of chapter.
Sec. 3-1.2 Purpose of article.
Sec. 3-1.3 Zoning and future land use.
Sec. 3-1.4 Allowed uses.
Sec. 3-1.5 Site and building requirements.
Sec. 3-1.6 Compatibility.
Sec. 3-1.7 Cluster Dwelling Units
Sec. 3-1.8 Density and uses savings clause

Article 2 Mainland Districts

Sec. 3-2.1 Purpose of article.
Sec. 3-2.2 Agricultural (Agr).
Sec. 3-2.3 Rural Residential (RR).
Sec. 3-2.4 Rural Mixed-use (RMU).
Sec. 3-2.5 Low Density Residential (LDR).
Sec. 3-2.6 Low Density Mixed-use (LDMU).
Sec. 3-2.7 Medium Density Residential (MDR).
Sec. 3-2.8 High Density Residential (HDR).
Sec. 3-2.9 High Density Mixed-use (HDMU).
Sec. 3-2.10 Commercial (Com).
Sec. 3-2.11 Heavy Commercial and Light Industrial (HC/LI).
Sec. 3-2.12 Industrial (Ind).
Sec. 3-2.13 Recreation (Rec).
Sec. 3-2.14 Conservation (Con).
Sec. 3-2.15 Public (Pub).
Article 3 Overlay Districts
Sec. 3-3.1 Purpose of article.
Sec. 3-3.2 Community redevelopment.
Sec. 3-3.3 Barrancas Overlay (Barr-OL).
Sec. 3-3.4 Brownsville Overlay (Brn-OL).
Sec. 3-3.5 Englewood Overlay (Eng-OL).
Sec. 3-3.6 Palafox Overlay (Pfox-OL).
Sec. 3-3.7 Scenic Highway Overlay (SH-OL).
Sec. 3-3.8 Warrington Overlay (Warr-OL).
Sec. 3-3.9 Perdido Key Towncenter Overlay (PK-OL)
Article 4 Perdido Key Districts
Sec. 3-4.1 Purpose of article.
Sec. 3-4.2 Low Density Residential (LDR-PK).[previously R1PK]
Sec. 3-4.3 Medium Density Residential (MDR-PK). [previously R2PK]
Sec. 3-4.4 High Density Residential (HDR-PK). [previously R3PK]
Sec. 3-4.5 Commercial (Com-PK). [previously C1PK]
Sec. 3-4.6 Commercial Core (CC-PK).
Sec. 3-4.7 Commercial Gateway (CG-PK).
Sec. 3-4.8 Planned Resort (PR-PK).
Sec. 3-4.9 Recreation (Rec-PK). [previously S1PK]

Article 5 Pensacola Beach Districts

Sec. 3-5.1 Building Height
Sec. 3-5.2 Low Density Residential (LDR-PB).
Sec. 3-5.3 Medium Density Residential (MDR-PB).
Sec. 3-5.4 Medium Density Residential and Commercial (MDR/C-PB).
Sec. 3-5.5 High Density Residential (HDR-PB).
Sec. 3-5.6 High Density Residential and Commercial (HDR/C-PB).
Sec. 3-5.7 General Retail (GR-PB).
Sec. 3-5.8 Recreation Retail (Rec/R-PB).
Sec. 3-5.9 Commercial Hotel (CH-PB).
Sec. 3-5.10 Preservation (PR-PB).
Sec. 3-5.11 Conservation and Recreation (Con/Rec-PB)
Sec. 3-5.12 Government and Civic (G/C-PB)

Chapter 4 Location and Use Regulations

Article 1 General Provisions
Sec. 4-1.1 Purpose of chapter
Sec. 4-1.2 Purpose of article.
Sec. 4-1.3 General conditions

Article 2 Floodplain Management

Sec. 4-2.1 Administration
Sec. 4-2.2 General provisions
Sec. 4-2.3 Applicability
Sec. 4-2.4 Duties and powers of the floodplain administrator
Sec. 4-2.5 Permits
Sec. 4-2.6 Site plans and construction documents
Sec. 4-2.7 Inspections
Sec. 4-2.8 Variances and appeals
Sec. 4-2.9 Violations
Sec. 4-2.10 Definitions
Sec. 4-2.11 Flood resistant development
Sec. 4-2.12 Subdivisions
Sec. 4-1.13 Site improvements, utilities and limitations
Sec. 4-2.14 Manufactured homes
Sec. 4-2.15 Recreational vehicles and park trailers
Sec. 4-2.16 Tanks
Sec. 4-2.17 Other development
Article 3 Santa Rosa Island Authority Floodplain Management
Sec. 4-3.1 Floodplain management on Pensacola Beach
Sec. 4-3.2 General provisions
Sec. 4-3.3 Applicability
Sec. 4-3.4 Duties and powers of the floodplain administrator
Sec. 4-3.5 Approvals and permits
Sec. 4-3.6 Site plans and construction documents
Sec. 4-3.7 Inspections
Sec. 4-3.8 Variances and appeals
Sec. 4-3.9 Conditions for issuance of variances
Sec. 4-3.10 Violations
Sec. 4-3.11 Definitions
Sec. 4-3.12 Building and structures
Sec. 4-3.13 Subdivisions
Sec. 4-3.14 Site improvements, utilities and limitations
Sec. 4-3.15 Manufactured homes
Sec. 4-3.16 Recreational vehicles and park trailers
Sec. 4-3.17 Tanks
Sec. 4-3.18 Other Development

Article 4 Airport and Airfield Environs

Sec. 4-4.1 Purpose of article.
Sec. 4-4.2 General provisions.
Sec. 4-4.3 Hazards to air navigation.
Sec. 4-4.4 Airport and airfield planning districts.
Sec. 4-4.5 Variances.

Article 5 Natural Resources

Sec. 4-5.1 Purpose of article.
Sec. 4-5.2 General provisions.
Sec. 4-5.3 Wetlands.
Sec. 4-5.4 Threatened and endangered species habitat.
Sec. 4-5.5 Marine, estuarine, and riverine shorelines (MERS).
Sec. 4-5.6 Coastal high-hazard areas.
Sec. 4-5.7 Barrier island sand.
Sec. 4-5.8 Barrier Island Lighting.
Sec. 4-5.9 Wellhead protection
Sec. 4.5.10 Docks, Piers, and Marinas

Article 6 Historical and Archaeological Resources

Sec. 4-6.1 Purpose of this article.
Sec. 4-6.2 General provisions

Article 7 Supplemental Use Regulations

Sec. 4-7.1 Purpose of article.
Sec. 4-7.2 General provisions.
Sec. 4-7.3 Accessory uses and structures.
Sec. 4-7.4 Adult entertainment.
Sec. 4-7.5 Alcoholic beverage sales.
Sec. 4-7.6 Borrow pits and reclamation.
Sec. 4-7.7 Condo-hotels.
Sec. 4-7.8 Manufactured (mobile) homes.
Sec. 4-7.9 Outdoor storage and display.
Sec. 4-7.10 Recreational vehicles.
Sec 4-7.11 Recycling and waste diversion facilities
Sec.4-7.12 Telecommunication towers.
Sec. 4-7.13 Temporary uses and structures.
Sec. 4-7.14 Zero lot line subdivisions.
Sec. 4-7.15 Cinerator

Chapter 5 General Development Standards

Article 1 General Provisions
Sec. 5-1.1 Purpose of chapter.
Sec. 5-1.2 Purpose of article.
Sec. 5-1.3 General conditions.

Article 2 Adequate Public Facilities (Concurrency)

Sec. 5-2.1 Purpose of article.
Sec. 5-2.2 Evaluation of facility adequacy.
Sec. 5-2.3 Roadways.
Sec. 5-2.4 Mass transit.
Sec. 5-2.5 Wastewater.
Sec. 5-2.6 Solid waste.
Sec. 5-2.7 Stormwater management.
Sec. 5-2.8 Potable water.

Article 3 Division of Land

Sec. 5-3.1 Purpose of article.
Sec. 5-3.2 General provisions.
Sec. 5-3.3 Subdivision design and maintenance.

Article 4 Stormwater Management

Sec. 5-4.1 Purpose of article.
Sec. 5-4.2 Stormwater impact review.
Sec. 5-4.3 Control of erosion and sediment.
Sec. 5-4.4 Stormwater management plans.
Sec. 5-4.5 Stormwater management systems.
Sec. 5-4.6 Additional requirements for subdivisions.
Sec. 5-4.7 Additional requirements for lakes, ponds and canals.

Article 5 Streets and Access

Sec. 5-5.1 Purpose of article.
Sec. 5-5.2 General provisions.
Sec. 5-5.3 Street design.
Sec. 5-5.4 Site access.
Sec. 5-5.5 Traffic control.
Sec. 5-5.6 Sidewalks and bikeways

Article 6 Parking and Loading

Sec 5-6.1 Purpose of article.
Sec. 5-6.2 General provisions.
Sec. 5-6.3 Parking demand.
Sec. 5-6.4 Stall and aisle design.
Sec. 5-6.5 Off-site and joint use parking.
Sec. 5-6.6 Loading and unloading.

Article 7 Landscaping
Sec. 5-7.1 Purpose of article.
Sec. 5-7.2 General provisions.
Sec. 5-7.3 Landscape areas and quantities.
Sec. 5-7.4 Tree protection and preservation.
Sec. 5-7.5 Tree inventory and assessment.
Sec. 5-7.6 Tree removal and replacement.
Sec. 5-7.7 Plant selection installation and maintenance.

Article 8 Signs
Sec. 5-8.1 General principles.
Sec. 5-8.2 Purpose.
Sec. 5-8.3 Sign permits.
Sec. 5-8.4 Exempt and prohibited signs.
Sec. 5-8.5 Temporary signs.
Sec. 5-8.6 Off-premises signs.
Sec. 5-8.7 On-premises signs.
Sec. 5-8.8 Design and performance standards.
Sec. 5-8.9 Nonconforming signs.
Sec. 5-8.10 Message substitution.
Sec. 5-8.11 SRIA - Regulation of signs and outdoor displays.

Article 9 Miscellaneous standards

Sec. 5-9.1 Purpose of article.
Sec. 5-9.2 Adverse off-site impacts.
Sec. 5-9.3 Exterior lighting.
Sec. 5-9.4 Fences.
Sec. 5-9.5 Corridor Preservation.

Chapter 6 Definitions
Sec. 6-0.1 Purpose of chapter.
Sec. 6-0.2 Definitions established.
Sec. 6-0.3 Terms defined.
 Design Standards Manual
Chapter 1, Engineering
Article 1 Stormwater

Sec. 1-1 Stormwater Management Systems

Sec. 1-1.1 Stormwater Quality (treatment)
Sec. 1-1.2 Stormwater Quantity (attenuations)
Sec. 1-1.3 Stormwater Ponds and Impoundments
Sec. 1-1.4 Pond Slopes and Maintenance Access
Sec. 1-1.5 Conveyance Systems
Sec. 1-1.6 Exemptions
Sec. 1-1.7 Other Agency Approvals

Sec. 1-2 Stormwater Management Plans

Sec. 1-2.1 Methods
Sec. 1-2.2 Content

Article 2 Transportation

Sec. 2-1 Roadway Design

Sec. 2-1.1 Minimum Right-of-way widths
Sec. 2-1.2 Minimum pavement widths
Sec. 2-1.3 Intersections
Sec. 2-1.4 Slopes
Sec. 2-1.5 Roadway Elevations
Sec. 2-1.6 Street Layout
Sec. 2-1.7 Traffic Control Devices

Sec. 2-2 Access Management

Sec. 2-2.1 Access Location
Sec. 2-2.2 Pedestrian Access
Sec. 2-2.3 Traffic Control
Sec. 2-2.4 Modification of Existing access
Sec. 2-2.5 Internal site access design
Sec. 2-2.6 Commercial Traffic in Residential Areas

Article 3 Parking

Sec. 3-1 Parking and Loading

Sec. 3-1.1 Stall and Aisle Design
Sec. 3-1.2 Parking Demand
Sec. 3-1.3 Off-Site and Joint Use Parking
Sec. 3-1.4 Loading and Unloading
Chapter 2, Environmental
Article 1 Environmental

Sec. 1-1 Wetlands

Sec. 1-1.1 Protectionary Measures
Sec. 1-1.2 Mitigation

Sec. 1-2 Clustering density-Wetlands, Endangered Species Habitat, and Rural

Districts

Sec. 1-3 Beach and Dune Preservation and Enhancement

Sec. 1-3.1 Dune Walkovers
Sec. 1-3.2 Sand Fencing
Sec. 1-3.3 Dune Restoration Plan

Sec. 1-4 Coastal High Hazard Areas

Sec. 1-5 Barrier Island Sand

Sec. 1-6 Barrier Island Lighting (Pensacola Beach)

Sec. 1-7 Specifications of Wellhead/Groundwater Impact Report

Article 2 Landscaping

Sec. 2-1 Exemptions

Sec. 2-1.1 General landscaping
Sec. 2-1.2 Tree Protection and Preservation

Sec. 2-2 Landscape Areas and Quantities

Sec. 2-2.1 Parcel Total
Sec. 2-2.2 Vehicular Use Areas
Sec. 2-2.3 Buffers
Sec. 2-2.4 High Water Use Zones

Sec. 2-3 Tree Protection and Preservation

Sec. 2-3.1 Approval Required
Sec. 2-3.2 Protection Areas
Sec. 2-3.3 Preservation
Sec. 2-3.4 Protective Barriers

Sec. 2-4 Tree Inventory and Assessment

Sec. 2-4.1 Inventory area
Sec. 2-4.2 Inventory drawing

Sec. 2-5 Tree Removal and Replacement

Sec. 2-5.1 Removal Criteria
Sec. 2-5.2 Replacement for Removal

Sec. 2-6 Plant Selection, Installation, and Irrigation

Sec. 2-6.1 Selection
Sec. 2-6.2 Installation

Article 3 Docks, Piers, and Marinas

Sec. 3-1 Design Standards

Sec. 3-2 SRIA Design Standards
Sec. 3-2.1 Location of Commercial Piers
Sec. 3-2.2 Marinas, Docks, Piers, Boat Basin(s), Ramp(s), and/or Other Structures
Sec. 3-2.3 Plans and Construction Requirements
Sec. 3-2.4 Administrative Requirements
Sec. 3-2.5 In Villa Sabine Bay Waters
Sec. 3-2.6 In Gulf of Mexico and Santa Rosa Island Sound Waters
Sec. 3-2.7 Sanitary Facilities
Sec. 3-2.8 Signs
Sec. 3-2.9 Insurance

Appendix A Design Standards Manual –Professional Advisory Committee

 Chapter 1
ADMINISTRATION
Article 1 General Provisions
Sec. 1-1.1 Purpose of chapter.
Sec. 1-1.2 Purpose of article.
Sec. 1-1.3 Title of code.
Sec. 1-1.4 Authority of Land Development Code (LDC).
Sec. 1-1.5 Purpose of LDC.
Sec. 1-1.6 Enforcement of LDC compliance.
Sec. 1-1.7 Applicability of LDC provisions.
Sec. 1-1.8 Effective date of LDC provisions.
Sec. 1-1.9 Impartiality of LDC provisions.
Sec. 1-1.10 Adjustments to LDC provisions.
Sec. 1-1.11 Rules for understanding LDC provisions.
Sec. 1-1.12 Appeal of LDC-based determinations.
Sec. 1-1.13 Relation of LDC to other authorities.
Sec. 1-1.14 Conflicting provisions with and within LDC.
Sec. 1-1.15 Severability of LDC provisions.

Article 2 Nonconformance
Sec. 1-2.1 Purpose of article.
Sec. 1-2.2 General conditions
Sec. 1-2.3 Continuing nonconformance.

Article 3 County Officials

Sec. 1-3.1 Purpose of article.
Sec. 1-3.2 County Administrator.
Sec. 1-3.3 Planning Official.
Sec. 1-3.4 Building Official.
Sec. 1-3.5 County Engineer.
Sec. 1-3.6 Community and Environment Director

Article 4 County Boards

Sec. 1-4.1 Purpose of article.
Sec. 1-4.2 Board of County Commissioners (BCC).
Sec. 1-4.3 Planning Board.
Sec. 1-4.4 Santa Rosa Island Authority
Sec. 1-4.5 Board of Adjustment(BOA).

LDC 1:1
Article 1 General Provisions
Sec. 1-1.1 Purpose of chapter.
This chapter establishes the title, authority and purposes of these assembled land
development regulations for Escambia County, Florida, and to assure their effective
implementation and enforcement. Additionally the chapter identifies the implementing
authority and duties of county administrative officials and boards, and to provide for the
limited continuation and gradual remedy of nonconformance with these regulations.
The provisions of this chapter and the definition of terms in Chapter 6 shall guide and
support the implementation of review and approval processes, standards, and other
regulations of the remaining chapters.

Sec. 1-1.2 Purpose of article.

This chapter establishes general provisions that apply broadly to all use and
administration of this code. The continuation and remedy of nonconformance with the
code, and the code authority and duties of county officials and boards, is prescribed in
the remaining articles of this chapter.

Sec. 1-1.3 Title of code.

This code, Part III of the Code of Ordinances of Escambia County, Florida, shall be
known as the “Escambia County Land Development Code” and may also be referred to
or cited as the “Land Development Code” or the “LDC.”

Sec. 1-1.4 Authority of LDC.

The Escambia County Land Development Code is that collection of local land
development regulations required by Florida Statutes (Chapter 163, Part II) to
implement provisions of the Escambia County Comprehensive Plan. The
Comprehensive Plan further requires that specific and detailed provisions necessary
and desirable to implement plan goals, objectives policies and the associated manual
be adopted and maintained within a land development code.

Sec. 1-1.5 Purpose of LDC.

(a) General. The Land Development Code implements the land use goals, objectives
and policies of the Escambia County Comprehensive Plan through specific regulations
that govern the use and development of land within the county. These regulations are
necessary to protect the public health, safety and general welfare, private property
rights, the natural environment, and the economic vitality of the county. More
specifically, it is the purpose of the LDC to:
(1) Establish an objective, organized and effective system of administration and
appeal for county land development regulations that clearly describe compliance
review and approval requirements for the public, responds consistently and fairly,
and optimizes the resources of government.
(2) Establish clear county zoning and other land use regulations that provide for the
orderly, efficient, and sustainable use of land and structures for agricultural,

LDC 1:2
 residential, mixed-use, commercial, industrial, recreational, conservation, public
and other needs of the present while ensuring no less for the future.
(3) Establish clear county development standards for the allowed uses of land and
structures that ensure the protection of life and property, the provision of
adequate public facilities and services, the conservation of natural resources, the
protection of public and private investments, and the preservation of social and
aesthetic values.
(4) Establish clear county regulations that balance the interests of property owners in
continuing lawfully established uses, structures, lots and conditions in productive
use with the public benefits of providing a gradual remedy for existing
substandard conditions through increased conformance with current standards
and prohibited expansion of nonconformance.

Sec. 1-1.6 Enforcement of LDC compliance.

(a) General. Land uses and development activities regulated by the LDC shall comply
with all applicable county requirements, and nothing in the LDC shall prevent the county
from taking any lawful action necessary to prevent or remedy any violation. Although
state and federal regulations may also apply to those uses and activities, the intent of
the county is to enforce only the terms of its ordinances. Compliance with the LDC shall
be fully enforced by any means provided, authorized or allowed by law or ordinance,
including Florida Statutes and Chapter 30, Code Enforcement, Part 1, Escambia County
Code of Ordinances. More particularly:
(1) Procedural remedies. Failure to comply with LDC provisions may result in
application denial, delay of application approval, conditional application approval,
voiding an application approval, delay of use or occupancy, multiplied application
fees, or penalties as additionally may be prescribed by the LDC.
(2) Civil remedies. The Board of County Commissioners (BCC), or any aggrieved
party as defined by state law, may apply to the Circuit Court of Escambia County,
Florida, to enjoin and restrain any person violating the provisions of the LDC.
(3) Criminal remedies. Any person, who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of, any of the provisions
of the LDC, shall be subject to a misdemeanor punishable by fine and/or
imprisonment according to state law. Upon conviction the person shall
additionally pay all expenses of the county in the case. Each day a violation
exists shall constitute a separate offense.

Sec. 1-1.7 Applicability of LDC provisions.

(1) General. The provisions of the LDC apply within all unincorporated areas of
Escambia County, with the exception of areas exempted by state or federal
regulations, and to all land uses and development activities, including the
construction, placement, erection, alteration, use or occupancy of any structure, and
the division of any land. Accordingly, no principal or accessory structure, or use of
any land or structure, shall be established, located, erected, converted,
reconstructed, structurally altered, extended, or enlarged, and the county shall issue

LDC 1:3
 no approval to develop or permit to construct, unless such uses and activities
comply with all applicable provisions of the LDC.
(2) Vested rights. Certain land development rights are vested with respect to future
adoption or amendment of land development regulations and cannot be revoked by
changes to the LDC without due process of law. Development rights are statutorily
vested for any use or activity lawfully approved by the county according to the
regulations in effect at the time of approval. For landowners who can adequately
demonstrate they have acquired development rights through other official county
action, those rights become equitably vested under principles of fairness and due
process as prescribed in Chapter 2. A use or activity approved under either form of
vesting may be completed or continued, even when inconsistent with newer LDC
provisions. However, any use or activity for which a vested right has been
established shall continue to be subject in all other respects to regulations and
requirements not addressed by the vested rights confirmation.
(3) Nonconformance. Lawfully established and maintained uses, structures, site
conditions, and lots made nonconforming by later adoption or amendment of any
land development regulations may continue, subject to the nonconformance
provisions of Article 2.The provisions protect the interests of owners in continuing to
use their property while providing the community a gradual remedy for existing
undesirable conditions resulting from nonconformance. Actions that would expand
nonconformance are prohibited and actions that would make nonconformance more
permanent are restricted. Nothing in the LDC shall be interpreted as authorizing or
approving the continuation or expansion of any uses, structures, conditions, or lots
not lawfully established according to regulations in effect at the time of
establishment.

Sec. 1-1.8 Effective date of LDC provisions.

Provisions of the LDC are effective as of the effective date of their adopting ordinances.
Any application for county approval required by the LDC and accepted by the county on
or after the effective date of a new or amended LDC provision shall comply with that
provision unless its terms clearly indicate otherwise.

Sec. 1-1.9 Impartiality of LDC provisions.

The provisions of the LDC apply without bias. Decisions regarding the administration of
code provisions shall be influenced only by facts and conditions relevant to those
provisions. Applications for development approval shall be evaluated strictly on the
basis of LDC compliance, and no more or less shall be required of applicants than is
necessary to confirm and document that compliance. Conflicts of interest and other
risks to fair administration of the LDC shall be avoided to maintain impartiality. No
county officer or employee shall grant any special consideration, treatment, or
advantage to any person, group or organization beyond that which is available under
the terms of the LDC to every other person, group or organization in the same or similar
circumstances.

LDC 1:4
Sec. 1-1.10 Adjustments to LDC provisions.
The provisions of the LDC apply without any exceptions, exemptions, alternatives,
waivers, variances or other adjustments unless such adjustments are specifically
established within the code. For some unusual or unanticipated circumstances the LDC
allows limited criterion-based variances to provide site-specific relief, and may include
alternative requirements to provide flexibility or encourage minimum standards to be
exceeded. Except for such provisions, only the lawful amendment of the LDC can
permit what is not otherwise authorized. Nothing in the LDC shall allow, encourage or
require any change to its provisions except through the formal amendment process
established within the LDC and Florida Statutes.

Sec. 1-1.11 Rules for understanding LDC provisions.

(a) General. The LDC shall be interpreted and administered broadly by the
administrative authorities described in this chapter to achieve its declared purposes.
In the interpretation and administration of any LDC provisions, they shall be
understood to be the minimum requirements adopted by the BCC for the promotion
of the public health, safety and general welfare. It is presumed that the intent of the
BCC in a particular provision of the code is expressed by the wording of that
provision. Further, the BCC is presumed to act intentionally and purposely when it
includes language in one section of the code but omits it in another. The rules of
interpretation prescribed in this section shall be observed in the implementation of all
LDC provisions.
(b) Confirmation of meaning. The meaning of a provision in the LDC must first be
evaluated according to the plain language of the provision. If the meaning is clear,
then the remaining administrative function is to enforce it according to its stated
terms. If the provision is unclear, its meaning shall be determined in consideration of
other LDC provisions on the same subject, giving priority to those closest in context.
Individual provisions must be interpreted so as to be internally consistent and not
disconnected from the rest of the LDC. Every part of a provision is presumed to
have some effect, and must not be treated as having no effect unless absolutely
necessary.
(c) Delegation of authority. When a provision of the LDC authorizes the County
Administrator, County Engineer, Planning Official, Building Official, or other county
officer or employee to perform some act or duty, the provision also authorizes that
individual to delegate the performance of that act or duty to other qualified county
employees under his authority, unless the terms of the provision clearly indicate
otherwise. Similarly, when a provision authorizes the Santa Rosa Island Authority
Board (SRIA) to perform some act or duty, the provision also authorizes the board to
delegate the performance of that act or duty to qualified individuals under the
board’s authority.
(d) Particular and general. A particular intent expressed in the LDC has authority over
a general one, such that when there is a more specific requirement it must be
followed in place of a more general one, regardless of whether the general
requirement is more lenient or in conflict with the specific one.

LDC 1:5
(e) Use of words. The use of words within the LDC shall be understood according to
the following rules:
(1) Definitions. In addition to the rules of this section and those terms defined where
used, definitions of selected terms used within the LDC are provided in Chapter
6. Words not defined within the LDC, and not otherwise having acquired a
meaning by other applicable regulatory definition or judicial construction, shall be
understood according to their usual, ordinary and customary meanings.
(2) Tense and form. Words used in one tense or form include other tenses or
derivative forms, unless the context clearly indicates otherwise.
(3) Singular and plural. Words used in the singular include the plural and words in
the plural include the singular, unless the context clearly indicates otherwise.
(4) Gender. Words used in the masculine, feminine, or neuter gender include the
other genders.
(5) Mandatory, permissive, and advisory. The words "shall," "will" and “must” are
mandatory in nature and always require compliance where used. The word
"may" is permissive, authorizing but not requiring action. The word "should" is
advisory only, identifying recommendations provided by the county in the
implementation of regulations.
(6) Conjunctions. Unless the context clearly indicates otherwise, where a
regulation connects items, conditions, provisions or events, the conjunctions shall
be interpreted as follows:
a. And. The word "and" indicates that all the connected terms, conditions,
provisions, or events apply.
b. Or. The word "or" indicates that the connected items, conditions, provisions,
or events may apply singly or in any combination.
c. Either or. The words "either . . . or" indicate that the connected items,
conditions, provisions, or events apply singly but not in combination.
(7) Written or in writing. The words "written" and "in writing" include any
representation of words, letters, diagrams or figures, whether by handwriting,
printing or other forms of recording.
(8) Used for or as. The words “used for “and “used as” include intended, designed,
arranged, occupied and maintained for or as, unless the context clearly indicates
otherwise.
(9) Including or includes. The words “including” and "includes" do not limit a
provision to the specific example or series of examples it contains.
(f) Computation of time. Unless otherwise specifically provided, a "day" means a
calendar day and a “year” means 365 days. In computing any period of time allowed
or prescribed by the LDC, the day from which the period begins to run is not
included. The day after the act or event that begins the period is day one. The last
day of the computed period is included, unless it is a Saturday, Sunday or legal
holiday observed by the county. In that case the period will run until the end of the

LDC 1:6
 next day that is not a Saturday, Sunday or observed legal holiday. In computing any
period of months, the period ends on the same or closest numbered day of the
ending month as the number of the beginning day in the beginning month.
(g) Controlling text. If there is any inconsistency between the text of the LDC and any
picture, illustration, drawing, map, table, or caption within the LDC, the text governs
unless otherwise specifically provided.
(h) Headings and titles. Headings and titles within the chapters of the LDC, typically in
boldface or italic type, are only included to indicate content and organization for the
convenience of the reader. Such headings are only catchwords and do not by their
presence or absence govern, limit, modify, or in any manner affect the scope,
meaning, or intent of any provision of the LDC. Accordingly, no provision of the
LDC will be held invalid by reason of deficiency in any heading or title of any
chapter, article, section or other part.

Sec. 1-1.12 Appeal of LDC-based determinations.

Those persons whose substantial interests have been adversely affected by an
interpretation or other administrative determination of a county official or body
exercising authority under the LDC, including the SRIA, have the right to a review of that
determination. Review of any such action may be requested following the appealable
action as prescribed in Chapter 2.However, review of citations by code enforcement
officers shall be as prescribed in Part I of the Escambia County Code of Ordinances.
Additionally, any challenge to the consistency of either a development approval or a
provision of the LDC with the Comprehensive Plan shall be made in the manner
prescribed by Florida Statutes.

Sec. 1-1.13 Relation of LDC to other authorities.

(a) Code of Ordinances. The LDC exists as Part III of the Escambia County Code of
Ordinances to implement the land use goals, objectives and policies of Part II, the
Comprehensive Plan. Except in their administration and enforcement, or where
specific references are made to other county ordinances, the Comprehensive Plan,
LDC, and the Design Standards Manual (DSM) are to be construed independently of
Part I.
(b) Building Code. The LDC establishes certain land use regulations for buildings and
prescribes development standards for sites they occupy, but the construction of
buildings and other structures is regulated through the Florida Building Code and
other provisions prescribed within Part I of the Code of Ordinances.
(c) Non-county entities. Non-county entities also regulate, govern, or otherwise
influence the use or development of land. However, it is the responsibility of each
property owner to determine those entities that have jurisdiction affecting their
property, its use, or activities upon it, and to adequately communicate with them.
The county may assist in directing the applicant to appropriate agencies or entities,
but in doing so the county assumes no responsibility or liability in any way for any
owner’s failure to adhere to any restrictions or requirements of those or other
entities.

LDC 1:7
(d) References to other regulations. References within the LDC to federal, state or
other county regulations are intended only for the convenience of the reader. An
error in any reference or the absence of a reference does not exempt any use or
activity from compliance with applicable requirements of law.

Sec. 1-1.14 Conflicts with LDC provisions.

(a) Higher standards. If any provision of the LDC is in conflict with any county, state or
federal law, ordinance, regulation, DSM or other requirement, including other
provisions of the LDC, the more restrictive requirement or the one imposing the
higher standard shall prevail unless otherwise specifically provided by the prevailing
requirement.
(b) SRIA leases. Where the provisions of a lease agreement with the Santa Rosa
Island Authority (SRIA) conflict with LDC provisions, the lease will govern unless
otherwise mutually agreed by the lessee and the SRIA that the LDC provisions shall
apply. However, all new or renegotiated lease agreements with the SRIA shall be
consistent with the provisions of the Comprehensive Plan and the LDC.
(c) Private agreements. The interpretation and enforcement of the LDC is not affected
by any recorded easements, covenants, lease agreements, deed restrictions or
other agreements between private parties. It is not the intent of the LDC to repeal,
abrogate, or interfere with such private restrictions or agreements, but where the
LDC imposes greater restrictions, its provisions govern. Where the LDC imposes
lesser restrictions, it is the responsibility of those parties in a private agreement to
enforce its greater restrictions.

Sec. 1-1.15 Severability of LDC provisions.

If any section, sentence, clause or other portion of the LDC is for any reason held or
declared by a court of competent jurisdiction to be inoperative, invalid, or
unconstitutional, that decision does not affect other portions of the LDC that can be
given effect without the unacceptable portion. Similarly, if any provision of the LDC is
held to be inapplicable to a particular person, property, or circumstance, that holding
does not affect its applicability to any other person, property, or circumstance.

LDC 1:8
Article 2 Nonconformance
Sec. 1-2.1 Purpose of article.
The purpose of this article is to establish land use regulations that define the legal
status of nonconformance with LDC regulations, prohibit the expansion of any
nonconformance, restrict activities that would make any nonconformance more
permanent, and correct nonconformance to the extent practical. This article establishes
specific provisions through which nonconforming uses, structures, lots and site
conditions may be maintained, altered or reconstructed, and conditions under which the
nonconformance is terminated.

Sec. 1-2.2 General conditions.

(a) Continuation. Lawfully established and maintained uses, structures, lots and site
conditions that no longer comply with one or more land development regulations
may continue in productive use as legal exceptions to those regulations only as
prescribed by the nonconformance provisions of this article and related sections of
the LDC. In allowing the continuation of such nonconformance it remains the intent
of the LDC to prohibit the expansion and limit the alteration or reconstruction of
nonconformities, and to discourage the continuation of those that are inconsistent
with the purposes of applicable regulations. Where multiple nonconformities exist,
each must comply with the provisions regarding their lawful continuation.
(b) Nonconformance status. Any nonconformance status of a use, structure, lot or site
condition runs with the land and is not lost by changes of ownership, or
management. However, once nonconforming status is lost, the use, structure, lot or
condition shall comply with current LDC regulations. For the purposes of
determining whether the right to continue a nonconformance is lost, all of the
activities and structures on a lot are generally to be considered as a whole. For
example, a unit vacancy in a nonconforming multi-tenant building does not result in
the loss of the right to rent the unit if the use of the building as a whole is maintained.
(c) Burden of proof. The burden of proving the right to continue any nonconformance
is on the person seeking to maintain the nonconformance. Evidence of lawful
establishment and lawful continuance since establishment is required. In proving
such a right, the casual, intermittent, temporary, or unlawful use of land or structures
for any length of time is not sufficient to establish the existence of
nonconformance. Rental, lease or tax payments are not considered proof of a
continued use, and the voluntary disconnection of utilities shall be a means of
establishing abandonment of the use of the subject site.
(d) Repairs and maintenance. Minor repairs to and routine maintenance of property
where nonconformities exist are permitted and encouraged if such activities do not
create or increase any nonconformance and are not otherwise prohibited by the
LDC. Such repairs and maintenance may include non-structural interior and exterior
alterations or improvements, and normal work necessary to keep a structure in
sound condition. Additionally, no requirements of this section shall prevent the
strengthening or restoration of a structure to a safe condition in compliance with the

LDC 1:9
 lawful order of a public official. All work, however, remains subject to the Florida
Building Code and the proper issuance of building permits.
(e) Historic structures. The correction of nonconformance for a bona fide historic
structure shall not require measures that would preclude the structure’s continued
designation as a historic structure.
(f) Parcel modification. No parcel containing a nonconformity shall be divided,
reduced, or otherwise modified if the modification would inhibit correction of the
nonconformity.
(g) Loss of property to public use. Nonconformance resulting from governmental
right-of-way acquisition or other dedication of private property to a public use shall
have the same status as nonconformance resulting from amendments to land
development regulations. Construction or reconstruction in response to such loss of
property to a public use shall be according to current LDC provisions.

Sec. 1-2.3 Continuing nonconformance.

(a) Nonconforming uses. Lawfully established and maintained uses of land or
structures that no longer comply with zoning district or other applicable use
regulations of the LDC may continue subject to the following provisions which apply
to the uses of both conforming and nonconforming structures, site conditions and
lots:
(1) Loss of nonconformance status. The nonconformance of a use is lost when
any of the following occur, regardless of whether the nonconforming use is
maintained in conjunction with a conforming use:
a. Conversion. The use is converted to or replaced with a conforming use.
b. Voluntary discontinuance. The use is voluntarily discontinued for a
continuous period of 12 months or more as may be verified by the requested
termination of site utilities and similar evidence of voluntary discontinuation.
c. Involuntary discontinuance. The use is involuntarily discontinued for a
continuous period of 18 months or more and no extension of the period has
been granted by the Board of Adjustment (BOA) as prescribed in Chapter 2 of
the LDC or by the lawful authority.
(2) Additions and alterations to structures. No additions which increase the area
of either conforming or nonconforming uses shall be made to any structure
occupied, in whole or in part, by a nonconforming use. And, except as allowed in
the general conditions of this section, no alterations shall be made to such
structures.
(3) Extension within a structure. A nonconforming use may be extended to
occupy more floor area within the same structure it occupied when it became
nonconforming, provided that no dwelling or lodging units are added, and that
drainage, access, parking, landscaping, and all other site conditions are
conforming or will be made conforming prior to the increased occupancy of the
use.

LDC 1:10
 (4) Expansion to other structures or land. Except as may otherwise be allowed in
the LDC, a nonconforming use shall not be expanded or relocated, in whole or
part, to occupy any other structures or land beyond that which it occupied when it
became nonconforming.
(5) Operation of use. A nonconforming use shall not be operated in a manner that
creates any new conflict or increases any existing conflict with any development
standards of the LDC.
(6) Accessory uses. A use that is accessory only to a principal nonconforming use
may not be continued after the principal use has been discontinued.
(7) Change to another nonconforming use. A nonconforming use of a structure
or premises may be changed to another nonconforming use provided that all of
the following conditions are met:
a. Alterations. No structural alterations are made to any structure used, and
any other alterations made to a structure occupied by the new use conform to
LDC requirements.
b. Appropriate use. The new use, including its customary accessory uses, is
no less appropriate under all current LDC regulations than the use it replaces.
The most restrictive zoning district in which the existing nonconforming use is
permitted by right shall be the reference for evaluating the appropriateness of
the new use.
c. Intensification. The new use shall not intensify or enlarge the basic use of
the building or premises by increasing required parking, vehicular or
pedestrian traffic, impervious ground cover, noise, dust or other adverse
offsite impacts, or other indicators of use intensity and enlargement.
d. Restriction. Once changed to a more restrictive nonconforming use, the new
use is not afterward changed to any less restrictive use.
e. Extension. The change does not result in an extension of a nonconforming
use except within a structure as permitted in this section.
(b) Nonconforming structures. Lawfully established and maintained structures that
no longer comply with height, setback, floor area ratio or other applicable regulations
of the LDC may continue subject to the following provisions:
(1) Loss of nonconformance status. The nonconformance of a structure is lost
when the structure is converted to or replaced with a conforming structure, or
when it is substantially damaged, demolished or removed. With the exception of
LDC airport and airfield requirements, when a nonconforming building is
destroyed by fire or other casualty, or by act of God, its restoration to the same or
lesser gross floor area is allowed when in conformance with current LDC site and
building standards to the extent possible as determined by the Planning Official.
Additionally, the continued use or occupancy of any undamaged portion of a
nonconforming building existing at the time of the partial damage is allowed if the
undamaged portion is determined by the appropriate authorities to be safe for the
intended use or occupancy.

LDC 1:11
 (2) Alterations and additions. A nonconforming structure, other than a sign, may
be structurally altered, enlarged or extended through walled or unwalled
additions only if the use of the structure is conforming and the alteration,
enlargement or extension can be made without increasing the nonconformity of
the structure.
(3) Moving. A nonconforming structure, other than a sign, may be moved in whole
or part to another location within the same parcel only if the move decreases or
eliminates nonconformity.
(c) Nonconforming lots. Lawfully established lots that no longer comply with the
minimum area, minimum width, or other applicable regulations of the LDC may
continue subject to the following provisions:
(1) Loss of nonconformance status. The nonconformance of a lot is lost when the
lot is converted to a conforming lot.
(2) Availability of adjacent land. No structure shall be erected on any
nonconforming lot that is deficient in area if the owner of the lot owns any
adjoining vacant land which would create a conforming lot if combined with the
deficient lot.
(3) Combination of lots. The Planning Official may permit the combination of
nonconforming lots of record, in whole or part, into new lots less than the size
requirements established by the LDC if the combination of lots reduces the
degree of nonconformity and results in parcels which are capable of
accommodating structures in conformance with the building area and setback
requirements of the applicable zoning district.
(4) Less than minimum size. When a nonconforming lot of record can be used in
compliance with all regulations applicable to the intended use, except that the lot
is smaller than the minimum required for any use by the applicable zoning
district, the lot may be used as proposed. However, no use for which the LDC
requires a minimum lot size greater than the zoning district-wide minimum is
permissible on the nonconforming lot.
(d) Nonconforming site conditions. Lawfully established site conditions, excluding
uses, structures or lots, that no longer comply with applicable regulations of the LDC
may continue subject to the following provisions:
(1) Loss of nonconformance status. The nonconformance of a site condition is lost
when the condition is demolished, removed, or converted to or replaced with a
conforming condition. This provision does not apply to restriping parking lots after
surface resealing.
(2) Expansion. A conforming use located on a site with nonconforming conditions shall
not be expanded unless the site conditions are brought into conformance with the
provisions of the LDC.
(3) Relocation. No structure shall be relocated to a site with nonconforming conditions
unless the site conditions are brought into conformance with the provisions of the
LDC.

LDC 1:12
(4) Change of use. No existing structure located on a site with nonconforming
conditions shall be changed from one zoning use classification to another use
classification unless the site conditions are brought into conformance with the
provisions of the LDC.

LDC 1:13
(5) Article 3 County Officials
Sec. 1-3.1 Purpose of article.
The purpose of this article is to establish the authority and duties of county officials, or
to document the prior establishment of their responsibilities in other regulations, that are
necessary to implement provisions of the LDC. This article identifies specific LDC
authority and duties of the County Administrator, Planning Official, Building Official, and
County Engineer.

Sec. 1-3.2 County Administrator.

The County Administrator is appointed by the Board of County Commissioners (BCC) to

serve as administrative head of the county. The Administrator’s authority and duties,
prescribed by Florida Statutes and Chapter 2, Administration, Part I, Escambia County
Code of Ordinances, include development of an administrative plan and enforcement of
all LDC provisions to assure their full implementation.

Sec. 1-3.3 Planning Official.

(a) General. The Planning Official, an appointee of the County Administrator as
designated in the adopted county administrative plan, has the following authority and
duties in the implementation of the LDC:
(1) Use determinations. Make determinations concerning uses of land and
structures, especially as to whether a particular use or activity, or class of uses or
activities, or characteristic of a use or activity is of the same general character as
those uses or activities identified in the LDC as permitted, conditionally permitted
or prohibited.
(2) Review and approval procedures. Establish and maintain sufficiently detailed
procedures to implement the LDC compliance review and approval processes
prescribed in Chapter 3, except for those procedures identified as the
responsibility of another administrative authority.
(3) Approvals and permits. Confirm the appropriate compliance review processes
and administer reviews as required by the LDC to grant, grant with conditions, or
deny applications for the use and development of land. Upon the required
compliance documentation and approvals the Planning Official shall issue land
use certificates, development orders, permits and other forms of county
authorization.
(4) LDC interpretations. Make both general and specific interpretations on the
proper application of LDC provisions according to the established rules of
interpretation in Chapter 1. Interpretation responsibilities established here are
limited to the provisions of the LDC and do not override the responsibilities
prescribed by law or ordinance for other county officials or boards.
(5) Map maintenance. Maintain the accuracy of the county’s official future land use
category and zoning district maps. The maps can be made available to the
general public through the county website and for purchase through the offices of

LDC 1:14
 the Planning Official according to the fee schedule established by the BCC.
Additionally, if uncertainty exists regarding the boundary of any mapped category
or district the Planning Official shall determine the boundary according to the
provisions in the LDC.
(6) Concurrency management. Provide assistance in regards to the county’s
concurrency management system for those public facilities that have adopted
level of service standards.
(7) Monitoring Systems. Provide assistance in regards to the county’s
transportation and school facilities monitoring systems that have adopted level of
service standards.
(8) Findings and recommendations. Review rezoning, variance, conditional use,
text amendment, and other land use applications that proceed to the Board of
Adjustment, Planning Board, or BCC and provide findings or recommendations to
the boards according to the provisions of the LDC.
(9) Other duties. Perform other duties that may be designated by the LDC.

Sec. 1-3.4 Building Official.

The Building Official is appointed by the BCC to serve as the building codes
administrator for the county. The official’s authority and duties are prescribed by
Chapter 14, Buildings and Building Regulations, Part I, Escambia County Code of
Ordinances, and include enforcing the provision of the Florida Building Code, making
interpretations of that code, and adopting policies and procedures to clarify the
application of its provisions.
Sec. 1-3.5 County Engineer.
The County Engineer, has the following authority and duties in the implementation of
the LDC:

(a) Standards and specifications. Within accepted standards of professional

engineering practice, authorize modifications to specific engineering standards or
specifications as specifically provided within the LDC or DSM.
(b) Engineering considerations. Advise the Planning Official regarding his final
determinations on subdivision infrastructure construction and platting,
interpretations of engineering standards and specifications, and on other
engineering based considerations in development matters.
(c) Findings and recommendations. Make both general and specific comments on
the proper application of DSM. Review responses established here are limited to
the provisions of the LDC and DSM and do not override the responsibilities
prescribed by law or ordinance for other county officials or boards. Provide
findings or recommendations to the Planning Official according to the provisions
of the DSM and LDC.

LDC 1:15
Sec. 1-3.6 Director of Community and Environment Department
The Director of Community and Environment Department shall set and execute the
rules and regulations for administration for the Department of Community and
Environment, subject to the approval and under the direction of the Board of County
Commissioners. He/she shall be a classified employee of the County and shall have the
powers to perform the duties provided for by this ordinance or as may be assigned by
amendments hereto. He/she shall see that all laws and ordinances and rules and
regulations are enforced.
Findings and recommendations. Make both general and specific comments
on the proper application of DSM. Review responses established here are
limited to the provisions of the LDC and DSM and do not override the
responsibilities prescribed by law or ordinance for other county officials or
boards. Provide findings or recommendations to the Planning Official according
to the provisions of the DSM and LDC.

LDC 1:16
Article 4 County Boards
Sec. 1-4.1 Purpose of article.
This article establishes the authority and duties of county boards, or to document the
prior establishment of their responsibilities in other regulations, that are necessary to
implement provisions of the Land Development Code (LDC). This article identifies the
specific LDC authority and duties of the Board of County Commissioners (BCC),
Planning Board (PB), Santa Rosa Island Authority (SRIA), and Board of Adjustment
(BOA).

Sec. 1-4.2 Board of County Commissioners.

The Board of County Commissioners is the legislative and governing body of Escambia
County with authority and duties prescribed by Florida Statutes.

Sec. 1-4.3 Planning Board.

(a) Authority and duties. The Planning Board is established by the Comprehensive
Plan as the local planning agency (LPA) of Escambia County for the purposes
established by Florida Statutes and additionally prescribed in the LDC. Accordingly,
Planning Board members shall be informed and knowledgeable of the current
conditions and development of the county. Board members shall also be familiar
with county land development regulations, contemporary planning practices, and the
rules of quasi-judicial proceedings. The board shall take action on all matters
according to the requirements of the LDC, other applicable county ordinances, and
state regulations as may be initiated by the board itself, the County Administrator, or
the BCC. The Planning Board has the authority and duty for:

(1) Comprehensive planning. Prepare the Escambia County Comprehensive Plan

or plan amendments, hold public hearings on the proposals, and make
recommendations to the BCC regarding adoption. Additionally, monitor and
oversee the status and effectiveness of plan implementation and recommend to
the BCC any plan changes as maybe necessary.
(2) Land development regulation. Hold public hearings to review all proposed text
amendments to the LDC and make recommendations to the BCC regarding
approval, particularly as to consistency with the Comprehensive Plan and other
provisions of the LDC.
(3) Quasi-judicial hearings. Hold quasi-judicial public hearings on proposed
zoning map amendments (rezoning), vested rights, and planned unit
developments (PUD), to review the established record of evidence in support of
LDC criteria and make recommendations to the BCC regarding approval,
particularly as to consistency with the Comprehensive Plan and LDC.
(b) Membership.
(1) Appointment. Each of the five County Commissioners shall appoint one
member, and the BCC as a whole shall appoint two “at large” members. All
seven will be voting members and must be approved by a majority vote of the

LDC 1:17
 BCC. The Escambia County School Board shall appoint one ex officio member
and the commanding officers of NAS Pensacola and NAS Whiting Field shall
jointly appoint a second ex officio member. These two nonvoting members will
provide the school district and military installations with the representation
prescribed by Florida Statutes and interlocal agreement.
(2) Qualification. All appointees of the BCC must reside within Escambia County
and none shall be a paid or elected employee of the county. All persons seeking
appointment shall furnish a resume or curriculum vitae to the County
Administrator and BCC demonstrating their qualifications to serve.
(3) Terms of service. Each member appointed by an individual commissioner shall
serve a four-year term concurrent with their appointing commissioner, and the
two at large members shall serve two-year staggered terms. The school board
and Navy representatives shall serve until replacement by their respective
appointing authorities.
(4) Removal and replacement. Any member appointed by an individual
commissioner may be removed from office during his term by that commissioner,
and any at large member may be removed by a majority vote of the BCC. Any
voting member absent from four or more meetings within a 12-month period shall
be removed by the BCC unless the absences are reported by the Planning Board
chair as beyond the control of the absentee. The school board and Navy may
replace their appointed representatives at any time and for any reason they
determine appropriate. Any vacancy occurring during an unexpired term of a
member shall be filled for the balance of the term according to the appointment
and qualifications provisions applicable to that member.
(5) Officers. The voting members shall elect a chair and vice-chair from among
themselves. Terms of the offices shall be for two years, with eligibility for
reelection.
(c) Meetings. The board shall hold regular meetings for the consideration of business.
Special meetings may also be held as the members may determine necessary, or at
the call of the chair or Planning Official. All meetings shall be public and adhere to
Florida Sunshine Law requirements.
(1) Quorum and vote. At least four of the seven voting members must be present
to hold a meeting, and a majority vote of those present is required for any official
action to be taken at the meeting.
(2) Procedure. The Planning Board shall follow its adopted rules of procedure for
the transaction of its business consistent with the compliance review processes
of the LDC and any other applicable county or state requirements. Any
questions of order or procedure not covered by these rules shall be decided
according to the latest edition of Robert’s Rules of Order, as applicable.
(3) Records. Minutes shall be kept of all proceedings, showing the vote of each
member on each question considered, or the fact of their absence or failure to
vote. Minutes and other records of official actions shall be maintained in the
offices of the Planning Official.

LDC 1:18
(d) Staffing and assistance. County planning staff shall assist in the work of the
Planning Board by preparing agendas, publishing notices, posting signs, arranging
meetings, distributing meeting minutes, and similar operational support. With the
approval of the County Administrator the Planning Board may call upon any county
offices for information and advice that it believes will aid its work. It shall be the duty
of the offices to furnish such information and advice promptly. A reasonable amount
of expenses for the board, such as professional services and legal advertisements,
shall be paid by the county upon the approval of the County Administrator. However,
no services may be contracted without prior approval of the BCC. The County
Attorney’s Office shall provide legal assistance to the Planning Board.
(e) Savings clause. At the request of a citizen, County staff, or a Planning Board
member, the Planning Board may consider whether the code is lacking any needed
provision or regulation and the Planning Board may then make a recommendation to
the Board of County Commissioner regarding whether any amendments are
warranted.

LDC 1:19
Sec. 1-4.4 Santa Rosa Island Authority.
(a) General. A special act of the 1947 Florida Legislature authorized the BCC to use
that portion of Santa Rosa Island owned by Escambia County for purposes the BCC
determined to be in the public interest. Additionally, the legislative act authorized and
required the BCC to delegate to, and vest certain of its powers and authority in, a
separate board - the Santa Rosa Island Authority (SRIA). The SRIA is charged with the
general stewardship of Pensacola Beach and to protect the public interest in those
resources that are unique to the county, state, and nation. More specifically, and within
the scope of the LDC, the SRIA has the authority and duty for
(1) Land leasing. Lease Santa Rosa Island, in whole or parts, assuring that all such
leases executed or renegotiated for the property under its authority are
consistent with the Comprehensive Plan and LDC.
(2) Floodplain administration. Administer and enforce the floodplain management
provisions of the LDC through the SRIA general manager as the authorized
Floodplain Administrator for Pensacola Beach. As Floodplain Administrator, the
general manager is specifically authorized and directed to administer and enforce
the floodplain management regulations of the county on Pensacola Beach as
prescribed in Chapter 4.
(3) Development review. Review development proposed on Pensacola Beach for
compliance with executed leases and specific provisions of the LDC, authorizing
development or providing recommendations to the Planning Official, Board of
Adjustment, or Planning Board, as applicable, regarding their final actions on the
development proposals.
(4) Quasi-judicial hearings. Hold quasi-judicial public hearings for Pensacola
Beach properties to review established records of evidence in support of LDC
criteria, and on the basis of those records to do the following:
a. Variances. Grant, grant with conditions, or deny applications for substantial
hardship variances to the strict site-specific application of eligible LDC
development standards.
b. Conditional uses. Grant, grant with conditions, or deny applications for
conditional uses as identified within applicable zoning or other LDC
provisions.
c. Zoning map amendments. Make recommendations to the BCC regarding
approval of requested zoning map amendments (rezoning), particularly as to
consistency with the Comprehensive Plan and LDC.

Sec. 1-4.5 Board of Adjustment.

(a) Authority and duties. The Board of Adjustment (BOA) is established and
authorized by the BCC to review practical difficulties or undue hardships created by
the strict application of land use regulations, and to grant relief according to the
provisions of the LDC. However, the BOA is not granted legislative authority to
substitute its judgment for that of the BCC, nor is it charged with the routine
administration of the LDC. The board shall uphold the meaning and intent of the

LDC 1:20
 LDC as enacted by the BCC. Accordingly, BOA members shall be informed and
knowledgeable of county land development regulations and the rules of quasi-
judicial proceedings. The BOA shall take action on all matters according to the
requirements of the LDC, and all other applicable county ordinances and state
regulations. Except as established for the SRIA, the BOA has the authority and duty
to hold quasi-judicial public hearings, to review established records of evidence in
support of LDC criteria, and to grant, grant with conditions, or deny applications for
all of the following:
(1) Appeals. Appeals of orders, requirements, decisions, interpretations or
determinations of administrative officials, including officials under the authority of
the SRIA, regarding LDC compliance.
(2) Variances. Substantial hardship variances to the strict site-specific application
of eligible LDC development standards.
(3) Conditional uses. Conditional uses as identified within applicable zoning
districts or other LDC provisions.
(4) Extensions. Long-term extensions of LDC standard periods of compliance
approval or inactive nonconformance.
(5) Temporary medical hardships. Temporary use of manufactured (mobile)
homes or park trailers due to medical hardship.
(6) Other. Other approvals as may be specified by the LDC.
(b) Membership.
(1) Appointment. Each of the five County Commissioners shall appoint one
member and the BCC as a whole shall appoint two “at large” members. All
members must be approved by a majority vote of the BCC.
(2) Qualification. All appointees must reside within Escambia County and none
shall be a paid or elected employee of the county. All persons seeking
appointment shall furnish a resume or curriculum vitae to the County
Administrator and BCC demonstrating their qualifications to serve.
(3) Terms of service. Each member appointed by an individual commissioner shall
serve a four-year term concurrent with their appointing commissioner, and the
two at large members shall serve two-year staggered terms.
(4) Removal and replacement. Any member appointed by an individual
commissioner may be removed from office during his term by that commissioner,
and any at large member may be removed by a majority vote of the BCC. Any
member absent from four or more meetings within a 12-month period shall be
removed by the BCC unless the absences are reported by the BOA chair as
beyond the control of the absentee. Any vacancy occurring during an unexpired
term of a member shall be filled for the balance of the term according to the
appointment and qualifications provisions applicable to that member.

LDC 1:21
 (5) Officers. The members shall elect a chair and vice-chair from among
themselves. Terms of the offices shall be for two years, with eligibility for
reelection.
(c) Meetings. The board shall hold regular meetings for the consideration of business.
Special meetings may also be held as the members may determine necessary, or at
the call of the chair or Planning Official. All meetings shall be public and adhere to
Florida Sunshine Law requirements.
(1) Quorum and vote. At least four of the seven members must be present to hold
a meeting, and a majority vote of those present is required for any official action
to be taken at the meeting.
(2) Records. Minutes will be kept of all proceedings to provide a written record,
including the meeting time, date and location, confirmation of public notification,
participants, and official actions taken by the board. Minutes will record the vote
of each member on each question considered, or the fact of their absence or
failure to vote. Minutes and other records of official actions shall be maintained
in the offices of the Planning Official.
(3) Procedure. The BOA shall follow its adopted rules of procedure for quasi-judicial
hearings consistent with the application review processes of the LDC and any
other applicable county or state requirements.
(d) Staffing and assistance. County planning staff shall assist in the work of the BOA
by preparing agendas, publishing notices, posting signs, arranging meetings,
distributing meeting minutes, and similar operational support. The office of the
County Attorney shall act as legal advisor to the BOA. Additionally, the BOA is
authorized to acquire from any county offices information and advice that it believes
will aid its work. However, such requests shall be made through the County
Administrator’s office to ensure the proper allocation of resources and a timely
response.

LDC 1:22
 Chapter 2
DEVELOPMENT AND COMPLIANCE REVIEW
Article 1 General Provisions
Sec. 2-1.1 Purpose of chapter.
Sec. 2-1.2 Purpose of article.
Sec. 2-1.3 General compliance review provisions.
Sec. 2-1.4 General provisions of compliance review.

Article 2 Verifications and Confirmations

Sec. 2-2.1 Purpose of article.
Sec. 2-2.2 Permitted land use.
Sec. 2-2.3 Lot conformance.
Sec. 2-2.4 Street names and addresses.
Sec. 2-2.5 Alcoholic beverage zoning.
Sec. 2-2.6 Land Development Code (LDC) interpretation.
Sec. 2-2.7 Use compatibility.

Article 3 Land Disturbance Activities

Sec. 2-3.1 Purpose of article.
Sec. 2-3.2 General land disturbance.
Sec. 2-3.3 Pre-construction site work.
Sec. 2-3.4 Construction in county right-of-way.
Sec. 2-3.5 Residential driveways.
Sec. 2-3.6 Removal of protected trees.
Sec. 2-3.7 Sand and aggregate on barrier islands.

Article 4 Site Development

Sec. 2-4.1 Purpose of article.
Sec. 2-4.2 Site development review.
Sec. 2-4.3 Minor site development.
Sec. 2-4.4 Major site development.

LDC 2:1
Article 5 Subdivision
Sec. 2-5.1 Purpose of article.
Sec. 2-5.2 Subdivision review and platting.
Sec. 2-5.3 Minor subdivisions.
Sec. 2-5.4 Master plans.
Sec. 2-5.5 Preliminary plats.
Sec. 2-5.6 Construction plans.
Sec. 2-5.7 Final plats.
Sec. 2-5.8 Plat vacation.

Article 6 Special Conditions and Circumstances

Sec. 2-6.1 Purpose of article.
Sec. 2-6.2 Review by quasi-judicial hearing.
Sec. 2-6.3 Variance of LDC standards
Sec. 2-6.4 Conditional uses.
Sec. 2-6.5 Extensions of review, approval, and use periods.
Sec. 2-6.6 Medical hardship temporary use of manufactured homes.
Sec. 2-6.7 Vested rights.
Sec. 2-6.8 Planned Unit Developments.
Sec. 2-6.9 Statutory development agreements.
Sec. 2-6.10 Appeal of administrative decisions.

Article 7 LDC and Comprehensive Plan Amendment

Sec. 2-7.1 Purpose of article.
Sec. 2-7.2 LDC zoning map and text amendments.
Sec. 2-7.3 Comprehensive Plan Future Land Use and text
amendments.
Sec. 2-7.4 Applications for Opting-Out of the Mid-West Escambia
County Sector Plan

Article 8 Manual and Procedures

Sec. 2-8.1 Purpose of article.
Sec. 2-8.2 General.
Sec. 2-8.3 Criteria for inclusion.
Sec. 2-8.4 Design Standards Manual (DSM).
Sec. 2-8.5 Amendments or changes to the DSM.

LDC 2:2
Article 1 General Provisions
Sec. 2-1.1 Purpose of chapter.
(a) General. This chapter establishes county review requirements necessary to
effectively document compliance with the Land Development Code (LDC) and authorize
the use and development of land accordingly. The administrative authorities described
in Chapter 1 evaluate LDC compliance of land uses and development activities. More
specifically, this chapter is intended to:
(1) Identify county and applicant responsibilities in LDC development and
compliance review.
(2) Provide public notice requirements.
a. Publication. At least ten days prior to the hearing, notice shall be published
in a newspaper of general circulation in Escambia County.
b. Site Sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as practicable
to, the subject property and shall be clearly readable from the nearest public
right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be sent
via U.S. mail to the address registered with the property appraiser for each
owner of real property with any portion of the property located within the
required distance of the subject property as specified in this chapter. The cost
of the notification is to be borne by the applicant requesting the review.
1. BOA Variances – adjacent Parcels
2. Appeal of Administrative Decision-500’ radius
3. Conditional Use - 500’ radius
4. Future Land Use Map Amendments –500’ radius
5. Plan Unit Development (PUD)- 500’ radius
6. Rezonings south of Nine Mile Rd -500’ radius
7. Rezonings north of Nine Mile Rd – 2500’ radius
8. Borrow Pits-2500’ radius
9. LCD and CD&D-2500’ radius
10. Recycling Facilities(yard trash, asphalt or concrete)-2500’ radius
(3) Establish criteria for the evaluation of variances, rezoning, conditional uses,
vested rights, LDC and Comprehensive Plan amendments, and other
discretionary review processes.
(4) Provide a mechanism for appeals of county land use and development decisions.
(Ord. No. 2017-15 § 1, 3-16-17)
Sec. 2-1.2 Purpose of article.
This article establishes general provisions that broadly apply to all LDC development
and compliance review within the chapter. The compliance review applicable to specific
land uses and development activities is prescribed in the remaining articles of this
chapter.

LDC 2:3
Sec. 2-1.3 General compliance review provisions.
(a) Prior county approval required. No land use or development activity regulated by
the LDC is allowed prior to obtaining all applicable county approvals according to the
provisions of the LDC. No county administrative authority may approve uses,
activities, or other actions that do not comply fully with the requirements of the LDC.
Additionally, any time the LDC or other regulations require authorizations by the
Planning Board, Board of Adjustment (BOA), Board of County Commissioners
(BCC), or other local authorities prior to final county approval of an application, those
authorizations shall be evidenced in advance of final approval and not deferred in a
condition of that approval.
(b) Non-county approvals.
(1) General. State, federal, and other non-county entities, including homeowners
associations, may also regulate, govern, or otherwise influence the use or
development of land. It is solely the responsibility of each landowner, regardless
of LDC compliance review, to determine whether other agencies or entities have
jurisdiction or responsibilities in the use of their property or activities upon it and
to adequately communicate with them. Although the county may approve a land
use application, that approval does not constitute, advocate, or assure approval
by any other entity, nor does the approval of another entity relieve a person of
the need to obtain appropriate county approval.
(2) State and federal permits. As prescribed by Florida Statutes, the county may
not require as a condition of a development permit that an applicant obtain a
permit or approval from any state or federal agency unless the agency has
issued a final agency action that denies the federal or state permit before the
county action on the local development permit.
(c) Applicable review. The Planning Official shall confirm the correct processes and
direct applicants to the appropriate reviews prescribed by the LDC.
(d) Concurrent review. To assist applicants in coordinating and expediting all county
review, land uses and development activities shall be reviewed for compliance with
other applicable county land development regulations during LDC compliance
review. Those other regulations include accessibility requirements, fire safety
regulations, and applicable health and safety policies.
(e) Single-family lots. Any existing lot of record may have a single-family dwelling
permitted on it regardless of how the lot was created, the condition or legal status of
the access, or the minimum lot area or width required by the applicable zoning
district.
(f) Comprehensive Plan limits. No permit may be issued for any development if it
would cause any requirement in the Comprehensive Plan to be violated.
(g) Authority to determine LDC meaning. The Planning Official shall, upon request or
initiative, review the meaning and intent of LDC provisions as applied by county
review personnel and, with due regard to the stated purposes and requirements of
the LDC, clarify or revise that meaning as needed. Where additional technical or
specialized knowledge is necessary to make an accurate interpretation, the Planning
LDC 2:4
 Official shall rely on the recommendations of those personnel having such
knowledge. The final decision of the Planning Official will be recorded and posted
for informational purposes.
(h) Building code compliance. Although the LDC establishes setback, height, floor
area ratio, and other land use regulations for structures and prescribes development
standards for the sites they occupy, the review and approval of construction plans
for structures shall be according to Part I, Escambia County building code. The
construction, erection, alteration, modification, repair, equipment, use and
occupancy, location, maintenance, removal, and demolition of any building,
structure, or facility or any appurtenances connected to such buildings, structures, or
facilities shall be in compliance with the Florida Building Code. Site development
plan approval is required to confirm LDC compliance, but separate review and
approval is required to confirm building code compliance.

(i) Split jurisdiction. When a land use or development activity is proposed within the
jurisdictional boundaries of the county and another governing body, such as the City
of Pensacola, Santa Rosa Island Authority (SRIA), and Town of Century, an
application for the use or activity must be submitted as required by both jurisdictions.
Each governing body has exclusive jurisdiction to approve the use or activity within
its boundaries unless the governing bodies having the jurisdictions agree that
application to and compliance review by only one is mutually acceptable.
Sec. 2-1.4 General provisions of compliance review.
(a) General. The LDC establishes compliance review provisions to authorize land uses
and development activities that comply with applicable LDC requirements. The
procedures vary with the complexity of issues evaluated, but each requires: (1) an
application for county approval, (2) an opportunity for public participation, (3) an
evaluation of LDC compliance, (4) a final compliance determination, and (5) an
opportunity to appeal that determination. The general requirements established in
this section shall be combined with the specific requirements prescribed in the
remaining articles of this chapter to obtain compliance review appropriate for the
uses or activities proposed.
(b) Application. The applicant requesting approval of a land use or development
activity regulated by the LDC shall initiate the appropriate compliance review action
prescribed in this chapter by submission of a complete application for review
according to the adopted procedures for the application. Those procedures and all
necessary application forms, checklists, and schedules shall be available to the
public by the reviewing authority. Guidance to assist applicants in meeting
application requirements shall also be provided and obtained from the appropriate
governing body.
(1) Pre-application inquiries. Prior to application for compliance review approval,
representatives of the reviewing authority will be available to discuss with
applicants any of the processes, regulations, and standards related to
development objectives. Anyone unfamiliar with LDC requirements is strongly
encouraged to consult the LDC and make sufficient inquiries to the county before
submitting an application in order to avoid delays or penalties. As identified in

LDC 2:5
 this chapter, a meeting with review personnel is required for certain development
review activities but is encouraged for all.
Applicants for any land use or development activity on Pensacola Beach property
for which a pre-application meeting is not required shall consult with staff of the
SRIA to review for any lease conditions that may affect the proposed use or
activity.
(2) Authority to apply. The applicant for compliance review shall be the owner of
the subject land or be appropriately authorized by the landowner to submit an
application. Where a proposed use or activity involves multiple parcels, common
ownership or similar unified authorization shall be documented. For Pensacola
Beach leaseholds the applicant shall be the lessee or authorized by the same.
Authority to apply may be confirmed through public records or other means
established and appropriate for the specific approval requested. For all
applications it remains solely the responsibility of the applicant to obtain valid
authorization of the landowner.
(3) Fees. Where authorized by the BCC, payment of fees shall be required at the
time of application or at the time the requested approval or other service is
provided, according to the adopted procedures of the reviewing authorities.
(c) Final determination. The final determination on an application typically follows the
applicant’s final response to review comments or the conclusion of any required
public hearing testimony. The time necessary for an application to conclude with a
final determination varies with the reviewing authority and compliance review.
(1) Approval. Confirmation that a requested land use or development activity
complies with all applicable LDC provisions is the issuance of a written document
of final approval. At a minimum, the document shall identify the subject site, the
action approved, the approving authority, the date and period of approval, and
any site-specific conditions of the approval. Approval authorizes the applicant,
subject to the continuing obligation of the approval terms and conditions, to
commence the proposed use or activity. Use or activity other than that approved,
or failure to comply with approval terms and conditions is a violation of the LDC
and is subject to enforcement and the penalties prescribed.
(2) Approval conditions. The LDC establishes both general and specific conditions
of approval and may authorize other reasonable conditions considered
necessary to address impacts of approvals and carry out the purposes of the
LDC. After final county approval, no new conditions can be imposed and no
existing conditions can be removed except by the established appeal provisions.
Additionally, except as required by Florida Statutes for requested zoning changes
necessary to properly enact a proposed comprehensive plan amendment, no use
or activity may be approved conditional to a proposed change in either the future
land use category or zoning district. The following conditions apply to all
approvals:
a. Substantial conformance. The implementation of an approval shall
be in substantial conformance with the terms and conditions of the
approval.

LDC 2:6
 b. Compliance inspections. All approved development is subject to
county inspections for compliance with the conditions of its approval,
including any approved plan. All engineering designs shall require “as
built” certification by a Florida registered professional engineer prior to
final inspection.
c. Other approvals. All applicable state and federal permits shall be
obtained before commencement of the approved development.
(3) Denial. For each application denied by the reviewing authority, the county shall
inform the applicant in writing of the basis of the denial. Unless modified or
overturned on appeal, a denial closes the original application. Any subsequent
review for approval requires a new application and may incur a waiting period as
set by department rules and procedures prior to any reapplication for
substantially the same requested approval.
(4) Risk in proceeding. The decisions of approving authorities in the LDC
compliance review are final unless overturned through a valid appeal process.
The county shall issue authorizations for uses and activities according to the
decisions of these authorities. The applicant bears all risk in proceeding with an
approved use or activity while the approval remains subject to appeal.
(5) Modification of approvals. It is unlawful to modify, amend, or otherwise deviate
from an approval without first obtaining written authorization from the approving
authority. Unless specifically established in the LDC or provided through a
successful appeal, modification of an approval including its terms and conditions
requires a new application for review. Approved uses or activities modified
without authorization are subject to the penalties and increased fees specified by
the BCC. No certificate of occupancy or similar acceptance of site conditions by
the county shall be issued for any unauthorized land use or development activity.
Modifications to approvals may be requested by the applicant as prescribed in
this chapter, but requests for modifications to certified engineering designs shall
only be accepted from the engineer of record and require approval by the County
Engineer.
(d) Appeal. Any LDC compliance review applicant, or other aggrieved party as defined
by Florida law, may appeal the decision of an administrative official or board in their
administration of the LDC as prescribed in this chapter. Decisions subject to appeal
include formal interpretations of LDC provisions by the Planning Official and the final
approvals, conditions of approval, or denials of development applications. However,
recommendations of administrative officials or boards in any matter are not subject
to appeal. Avenues of appeal are as follows:
(1) County officials. A decision of a county official in his administration of the LDC
may be appealed by application to the Board of Adjustment (BOA) for review
within 15 days after the date of the official’s decision according to the provisions
for appeal of administrative decisions as prescribed in Article 6. Appeal of
decisions made by the Building Official in his administration of the building code
shall be according to the provisions of the Escambia County Code of Ordinances,
Part I.

LDC 2:7
(2) Board of Adjustment. If the final determination of the BOA is denial, no new
application for the same use on the same parcel can be accepted for review until
at least 180 days from the date of the denial. A final determination of the BOA
may be appealed by petitioning the circuit court for judicial review within 30 days
after the date of the board's decision, and providing a copy of the petition to the
clerk of the board. Appeal is limited to an applicant or to an adversely affected
person who appeared before the BOA in the quasi-judicial hearing and asserted
a position on the merits of the application.
(3) Santa Rosa Island Authority. The BCC may review and veto within thirty (30)
days any substantive action taken by the SRIA involving changes in land use or
the making or amending of commercial or developmental leases pursuant to Ch.
79-457, Laws of Florida.
(4) Planning Board. The recommendations of the Planning Board are not subject
to appeal since they are the local planning agency’s advice to the BCC.
(5) Board of County Commissioners. A BCC decision may be appealed by
petitioning the circuit court for judicial review within 30 days after the date of the
board’s decision.

LDC 2:8
Article 2 Verifications and Confirmations
Sec. 2-2.1 Purpose of article.
This article establishes the review criteria necessary to verify or confirm lot
conformance, name streets and assign addresses, confirm alcoholic beverage zoning
compliance, confirm statutory vesting, interpret LDC meaning, and confirm land use
compatibility. These verification and confirmation procedures are defined by the
general provisions of Article 1 and the specific provisions of this article. They provide
necessary documentation for the processes that grant such authorizations.
Sec. 2-2.2 Permitted land use.
(a) General. Verification of permitted land use is required to authorize any use or
development of land regulated by the LDC. The procedure to verify land use is
established to document the site-specific conformance of existing uses or potential
new uses. Verification does not grant authorization to proceed with a land use or
development activity, but is only a measure of the potential for a use or activity under
the provisions of the LDC.

(b) Verification of allowable or permitted uses. Application for permitted land use
verification shall be submitted for review to the Planning Official. The applicant shall
provide the required information.

Sec. 2-2.3 Lot conformance.

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

Sec. 2-2.4 Street names and addresses.

Street naming and address assignment is required to authorize the use and
development of land. The application shall be submitted for review to the county
Geographic Information System (GIS) office. The assigning of street names and
addresses is to provide and document proper site identification necessary for the
approval of land use applications and the subsequent provision of emergency
response, postal delivery, utility connection, and other essential services. The
verification or assignment of an address or the approval of a street name neither

LDC 2:9
 provides nor assures any land use or development activity approval, vested right, or
capacity allocation.

Sec. 2-2.5 Alcoholic beverage zoning.

Confirmation of alcoholic beverage zoning compliance is required by the State of Florida

for licensing the sale or on-premise consumption of alcoholic beverages. Application for
alcoholic beverage zoning compliance confirmation shall be submitted for review to the
Planning Official. Any subsequently licensed sales shall comply with relevant provisions
of the Escambia County Code of Ordinances.

Sec. 2-2.6 LDC interpretation.

(a) General. The Planning Official shall review and interpret any provisions of this
Code for purposes of clarification or determination of meaning and intent. If questions
should arise regarding the meaning, intent, or interpretation of any provisions, a review
for interpretation can be requested by the applicant per the procedures set forth by the
department. Interpretations or determinations made by the Planning Official shall be
subject to review by the Board of Adjustment as an administrative appeal.
(b) Interpretation process.
Application. Application for interpretation of a LDC provision shall be submitted for
review to the Planning Official. The applicant shall provide any authorized fees and
the information required by the adopted interpretation procedures. That information
shall include the following:
(1) Conditions. A description of the specific conditions to which the interpretation
will apply.
(2) Prior meaning. The meaning of the provision previously provided by authorized
county review personnel.
(3) Insufficiency or error. A description of how the prior meaning provided is
thought to be insufficient or in error.
Sec. 2-2.7 Compatibility.
(a) General. To confirm that proposed land uses and development activities are
compatible with adjacent uses or conditions, a review for compatibility is required for
rezoning and may be necessary for certain types developments specified herein
(b) Confirmation for compatibility. Application for land use compatibility confirmation
shall be submitted for review to the Planning Official.

LDC 2:10
Article 3 Land Disturbance Activities
Sec. 2-3.1 Purpose of this article.
This article establishes the review necessary to confirm LDC compliance and authorize
site-specific land disturbance activities that are not evaluated separately by the other
review procedures of this chapter. These land disturbance reviews are defined by the
general provisions of Article 1 and the specific provisions of this article. They provide
appropriate evaluations of activities that have the potential for producing adverse off-site
impacts, especially regarding storm water, if not properly planned and managed. This
article includes review for demolition of structures, work in county rights-of-way, removal
of protected trees, and sand and aggregate use on barrier islands. Borrow pits and
other site development, not limited to land disturbance activity, require compliance
review according to the provisions of Article 4.

Sec. 2-3.2 General land disturbance.

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

(b) Permit for land disturbance. Application for a general land disturbance permit
shall be submitted for compliance review to the Planning Official.

Sec. 2-3.3 Pre-construction site work.

(a) General. If no building permit is required or a building permit has not been issued, a
pre-construction site work permit is required to begin any land disturbance activity,
except for single-family and two-family developments.
(b) Permit for pre-construction site work. Application for a pre-construction site work
permit shall be submitted for compliance review to the Building Official.

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

Unless construction in a county right-of-way is authorized by a residential driveway
permit or other county approval, a county right-of-way work permit is required prior to
disturbing the paved portion, or any area beneath the paved portion, of any county
right-of-way; or prior to installing underground facilities in a county right-of-way; or
prior to work, other than maintenance, on a driveway connection within a county
LDC 2:11
 right-of-way. A permit is not required for work or improvements included within
approved subdivision infrastructure construction plans or site development plans, or
for any exempt activities identified by the procedure for making road cuts, within
Local Public Improvements, Escambia County Code of Ordinances.

Sec. 2-3.5 Residential driveways.

A residential driveway permit is required prior to construction of any driveway

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

Sec. 2-3.6 Removal of protected trees.

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

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

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

LDC 2:12
Article 4 Site Development
Sec. 2-4.1 Purpose of article.
This article establishes the provisions necessary to confirm LDC compliance and
authorize forms of site-specific development that propose more than land disturbance
activities but do not include the subdivision of land. These site development review
provisions are defined by the general provisions of Article 1 and the specific provisions
of this article. They evaluate a wide range of land uses and development activities. This
article includes major and minor review provisions for the establishment or change of
uses and for the construction of structures and supporting infrastructure, whether
principal or accessory, residential or non-residential, permanent or temporary. Site
development plan approval is not a permit to construct any structure that is regulated by
the Florida Building Code. If all the applicable regulations concerning the proposed
project for a major or minor development are met, a Development Order shall be issued,
with or without conditions, by the approving authority which shall be a continuing
obligation to comply with the specifications of the plan and the terms and conditions of
that approval.

Sec. 2-4.2 Site development review.

(a) Approval required. Any site development regulated by the LDC requires county
review and approval of a major or minor site development plan, according to the
provisions of this article, unless the development is evaluated by other compliance
review provisions of this chapter or is specifically identified in the LDC as exempt
from these processes. And, if site development is anticipated to occur in phases
beyond the valid period of an individual site plan approval, review and approval of a
master plan is advisable to secure certain development conditions prior to the
separate review and approval of multiple phase plans. A representative from the
Escambia County Area Transit (ECAT) will review the site development plan if
applicable.
(b) Timing of building plan review. Although it may be advisable, it is not necessary
for an applicant to delay the building construction plan compliance review until the
site development plan is reviewed and approved. Once the building code
compliance review begins, the applicant bears all risk in the possibility of a
modification to the building construction plans required by a modification in the site
development plans and the expense for review of revised and resubmitted
construction plans.
(c) Documentation by site plan. Site development compliance review requires the
submission of a site plan to provide standardized documentation of compliance with
county land development regulations. The form and content of a site plan shall be
appropriate to the documentation necessary for the proposed site changes. Once
approved, the site plan also documents how completed site changes comply with
approved changes. The wide range of site plan content identified in this section is an
indication of the types of documentation that may be required for compliance review.
In general, as much information as is reasonably necessary to document LDC
compliance shall be required on a site development plan, increasing with the

LDC 2:13
 complexity of site uses and improvements to be evaluated. The minimum
information required for any specific compliance review process shall be according
to the adopted procedures.
(1) Existing conditions. The compliance review of a land use or development
activity must consider what is already on and around the site and any
jurisdictional constraints. A site development plan shall document existing
conditions that will likely affect or be affected by the use or activity, even
conditions for which no change is anticipated.
(2) Proposed changes. A site development plan shall document the temporary or
permanent construction or placement of site improvements and other proposed
changes to existing conditions. For a development constructed in phases, the
plan shall document the sufficiency of each phase to comply with the LDC,
without regard to uncompleted changes of the remaining phases.
(3) Supporting information. The effective documentation of existing conditions
and proposed changes typically requires other supporting site information, along
with a supporting checklist.

Sec. 2-4.3 Minor site development.

(a) General. Minor site plan approval is required to authorize those land uses or
development activities categorized as a “minor site development” in this section.
The process to approve a minor site development evaluates uses and activities that
typically produce fewer and/or less complex LDC compliance conditions than major
development. As a result, compliance usually requires less documentation and
fewer resources to confirm. Minor review primarily verifies that the use is permitted,
the lot conforms, structures are appropriately placed, site access is adequate, public
facilities are provided, and no adverse off-site impacts are created.
(b) Categories of minor development. Minor site development is limited to the
following categories:
(1) Single-family and two-family residential. Residential site development is a
combination of single-family and two-family dwellings that results in no more than
four dwelling units on a lot. The category includes all uses and structures
customarily accessory to such dwellings, including fences, enclosures, swimming
pools, carports, and portable storage containers, and the conversion of a non-
residential building to a one- or two-family dwelling.
(2) Non-residential change of use. Change of use in which the site development
changes any non-residential use of a non-residential structure or site to another
non-residential use, provided that any additional trip generation is minor and
modifications are limited to those of the minor non-residential and minor multi-
family category in this section. For these purposes, minor trip generation
corresponds to a less than a 25 percent increase in the minimum parking
required by the applicable unmodified base parking ratios in Chapter 5 and the
DSM.
(3) Temporary non-residential. Temporary establishment of a non-residential use
or structure including portable storage containers, portable shelters, mobile
LDC 2:14
 vending units, amusement structures, temporary constructions, sales offices, and
other temporary uses and structures prescribed in Chapter 4.
(4) Minor non-residential and multi-family. Minor additions and modifications and
accessory uses and structures for existing non-residential or multi-family
development if the net increase in site impervious cover from all sources is less
than 1000 square feet. Repeated additions of impervious surface constructed
since the adoption of the LDC shall be combined for the application of this limit.
Accessory uses include fences and signs.
(c) Approval process.
Checklists provided by the appropriate department will give the applicant quick
and ready access to the requirements of this article.

Sec. 2-4.4 Major site development.

(a) General. Major site plan approval is required to authorize those land uses or
development activities categorized as a “major site development” in this section.
The process to approve a major site development evaluates uses and activities that
typically produce greater or more complex LDC compliance conditions than minor
development.
(b) Categories of major review. Major site development is limited to the following
categories:
(1) Multi-family residential. Residential site development in which there are five or
more dwelling units in any combination on a lot. This category includes uses and
structures customarily accessory to multi-family developments, such as fences,
swimming pools, carports, mail kiosks, maintenance sheds, and clubhouses
when they are not eligible for review as minor site developments. The
conversion of a non-residential building into a multi-family dwelling is included in
this category.
(2) Residential change of use. Change of use in which the site development
changes any residential use of a structure to any non-residential use, in whole or
part. This category applies to any principal or accessory residential structure but
does not apply to home occupations or home-based businesses as defined by
the LDC.
(3) Major non-residential. New principal and accessory uses and structures not
reviewed by any other non-residential review category.
(4) Master plans. Master plans for phased site development are intended to
provide the developer with confirmation that the development is properly planned
according to the regulations and standards of the LDC. The Master Plan ensures
integration with the surrounding land uses and development and the sufficiency
of the supporting infrastructure at the completion of each phase.
(5) PUDs. Planned Unit Development (PUD) submitted under the PUD provisions of
Article 6.

LDC 2:15
 If all the applicable regulations concerning the proposed project for a PUD are
met, a Development Order shall be issued, with or without conditions, by the
approving authority that shall be a continuing obligation to comply with the
specifications of the plan and the terms and conditions of that approval.
(c) Approval process.
Checklists provided by the appropriate department will give the applicant quick
and ready access to the requirements of this article.

LDC 2:16
Article 5 Subdivision
Sec. 2-5.1 Purpose of article.
This article establishes the review provisions to confirm LDC compliance and authorizes
the subdivision of land. These subdivision review requirements are defined by the
general provisions of Article 1 and the specific provisions of this article. They evaluate
subdivisions to avoid the creation of lots with unnecessary constraints on their
subsequent development, including inadequate access, buildable areas, potable water
supply, sewage disposal, and fire protection. More specifically, this article includes
review processes for minor subdivisions, master plans, preliminary plats, infrastructure
construction plans, final recorded plats, and plat vacation. Subsequent development on
individual lots created by a subdivision is evaluated and authorized through the
applicable compliance review processes established in other articles of this chapter.

Sec. 2-5.2 Subdivision review and platting.

(a) Approval required. The division of a parcel of land into three or more lots requires
county review and approval, unless the subdivision is specifically identified in the
LDC as exempt. Prior to recording any final plat, review and approval of a
preliminary plat with an infrastructure construction plan is required if infrastructure
improvements are proposed. If subdivision construction and platting are to occur in
phases, review and approval of a master plan are required prior to a separate review
and approval of the individual phases.
(b) Exemptions from subdivision review. Exemptions from the subdivision
compliance review of this article accommodate limited special conditions in the
division of land.
(1) Boundary line changes. Conveyances of land that are executed to increase
the size of adjoining parcels or resolve boundary line disputes and do not create
additional parcels separate and apart from the existing parcels are not subject to
the review unless proposed through a subdivision replat.
(2) Family conveyance. The subdivision of land for family conveyance does not
need approval through the review of this article.
(3) Individual conforming lot. An individual lot verified as a conforming lot does
not need approval through the subdivision review of this article.
(c) Replatting land. The proposed replatting of all or part of the land of a recorded plat
shall follow the same review process as the initial subdivision platting.

Sec. 2-5.3 Minor subdivisions.

(a) General. Minor subdivision approval is a limited option for the subdivision of land
where the final plat is not recorded in the public records of the county and is not
subject to the platting requirements of Florida statutes. One of the requirements is
that the supporting infrastructure is already in place. A minor subdivision shall fulfill
all of the following criteria:

LDC 2:17
 (1) Number of lots. If any subdivision lots are less than four acres on an existing
public or private street, the maximum number of lots that can be created is five.
(2) Existing street frontage. All subdivision lots front on an existing public or
private street, paved or unpaved, providing the minimum right-of-way prescribed
in Chapter 5.
(3) No new streets. No new street or any extension of an existing street is
proposed or required.
(4) No dedications. There is no dedication of public improvements. This does not
preclude such acquisitions as an additional right-of-way for an existing street to
provide the minimum width prescribed by the LDC.
(5) Lot grading plans. A lot grading plan is required for each lot however a
stormwater management plan may not be required.
(6) Effective period. Approved minor subdivisions shall be effective and remain
valid for period of 1 year from the date of approval. The minor subdivision plat
shall expire and be void if each of the newly created lots are not recorded by
deed or other legal instrument in the official records of Escambia County within
the valid period of approval.
(b) Approval process.
Checklists provided by the appropriate department will give the applicant quick
and ready access to the requirements of this article.

Sec. 2-5.4 Master plans.

(a) General. Master plans approval is required for any phased subdivision of land. A
master plan is intended to provide the developer with confirmation that the
subdivision is properly planned according to the regulations and standards of the
LDC. The Master Plan ensures integration with the surrounding land uses and
development and the sufficiency of the supporting infrastructure at the completion of
each phase Master Plan approval vests the approved land uses and density, but it
does not reserve development standards, guarantee buildable density, nor assure
approval of any implementing plats or construction plans. Each implementing phase
requires submission of a preliminary plat, construction plan, and final plat.
(b) Approval process.
Checklists provided by the appropriate department will give the applicant quick and
ready access to the requirements of this article.
Sec. 2-5.5 Preliminary plats.
(a) General. Preliminary plat approval is required to map the proposed subdivision of
land and to ensure the division of land meets all the land use regulations of the LDC.
(b) Preliminary plat can be submitted separate or at the same time the construction
plans are submitted. The approved preliminary plat reserves the density applied for.
Each phase of a subdivision requires submission of a preliminary plat.

LDC 2:18
(c) Approval process.
Checklists provided by the appropriate department will give the applicant quick and
ready access to the requirements of this article.
Sec. 2-5.6 Construction Plans
(a) General. Construction plan approval is required to document the design of
infrastructure to adequately serve the created lots. Infrastructure capacities will be
allocated upon final development plan approval. The approval allows the
construction of the subdivision infrastructure to proceed, but it does not allow
development on the individual subdivision lots prior to the recording of a final plat,
except for temporary uses as specifically provided in Chapter 4.
(b) Construction plans must be submitted within two years of the preliminary plat
approval. Plans may be submitted concurrently with the preliminary plan, at the
discretion of the applicant. If the construction plans show substantial deviations from
the approved preliminary plat, the applicant must submit a revised preliminary plat
prior to construction plan approval.
(c) Substantial deviations. Deviations shall be determined by the Planning Official
and/or the County Engineer. Deviations may include but not limited to the following:
(1) Any increase in the number of lots proposed.
(2) Significant re-alignment of proposed roadway.
(3) Increased impacts to public services (sanitary sewer, potable water, solid
waste.)
(4) Revised location of roadway connection to county road.
(d) Approval process.
Checklists provided by the appropriate department will give the applicant quick
and ready access to the requirements of this article.
Sec.2-5.7 Final plats
(a) General. Final plat approval is required to map the proposed subdivision of land in
compliance with the platting requirements of Florida Statutes, so that, upon its
recording, all land shown on the plat that is a part of the subdivision is identified and
may be conveyed by reference to the plat, including the dedication of rights-of-way
and easements. The approval of a final plat allows the recording of the plat in the
public records when its content and form are consistent with state and county
requirements and with any applicable conditions of its approved preliminary plat and
infrastructure construction plan.
(b) Application for the final plat. Applicants seeking final plat approval from the Board
of County Commissioners shall submit their request to the Office of the Planning
Official. Applications shall be submitted within two years of the date that the
preliminary plat and construction plans were approved unless an extension is
granted as provided in Chapter 2.
(c) Warranty agreement. Applicants seeking final plat approval shall warrant that all
public subdivision improvements are built in accordance with approved construction
plans and free from design, construction, material, and workmanship defects for a

LDC 2:19
 period of two years from the date that the final plat is recorded. The applicant shall
make the warranty on a form of warranty agreement published by the County.
(d) Incidental deficiencies. At the discretion of the County Engineer, final plats may
be submitted to the Board of County Commissioners for approval with minor defects
to public subdivision improvements that are determined to be incidental deficiencies.
Incidental deficiencies are primarily cosmetic in nature and do not undermine the
function or stability of the public subdivision improvements. Incidental deficiencies
include but are not limited to the following:
(1) Cracked curbing or other cracked concrete that is not destroyed or displaced but
still functions for the intended use.
(2) Minor ponding of water on asphalt, provided base failure is not evident.
(3) Minor settling of asphalt areas, provided base failure is not evident.
(4) Minor defects in stormwater pipe, provided installation is in accordance with the
manufacturers’ requirements.
(5) Ponds recharging at a slow rate, but still meeting regulatory requirements.
(6) Seed or sod that has failed to establish sufficient ground cover for final
stabilization and erosion control.
Incomplete installation of street signs and pavement markings shall not be
considered incidental deficiencies. If incidental deficiencies exist when the final plat
is submitted for approval by the Board of County Commissioners, the applicant shall
also include financial security with the executed warranty agreement.
(e) Acceptable forms of financial security. Financial security shall be in the form of a
cash deposit or irrevocable letter of credit. The cash deposit shall be held in an
interest-bearing account with withdrawals conditions upon approval of the County
Administrator. Interest on cash deposits shall be retained by the applicant only if the
applicant satisfactorily corrects all incidental deficiencies guaranteed by the deposit.
(f) Amount of financial security. If financial security is required, the applicant shall
provide an estimate from the engineer of record for the cost to remove and replace
all public subdivision improvements with incidental deficiencies. The amount of the
financial security to be provided by the applicant shall be 150% of the cost estimate
or $7,500, whichever is greater.
(g) Warranty inspection. The County shall inspect all warranted public subdivision
improvements prior to the expiration of the two year warranty period and provide to
the applicant a list of deficiencies noted during the inspection. The applicant shall
remain responsible for correcting any deficiencies noted in the inspection even if the
corrective action is not completed until after the expiration of the two year warranty
period.
(h) Approval process Checklists provided by the appropriate department will give the
applicant quick and ready access to the requirements of this article.
(i) Recreational amenities. For proposed subdivisions that are designed to utilize
significant recreational amenities, including but not limited to a golf course,
swimming pool, club house or tennis courts, the area designated for those uses shall
be included in the final plat.

LDC 2:20
(j) Infrastructure Maintenance Disclosure. For any residential plat submitted to the
Board on or after June 1, 2017, the applicant shall provide a complete listing of the
infrastructure expected to be constructed within the platted area along with the
location of such infrastructure and a disclosure of the person or entity responsible for
maintenance and ownership of such infrastructure. The format of this disclosure
shall substantially mirror that provided in section 86-166 of the Escambia County
Code of Ordinances. (Ord. No. 2017-08 § 1, 2-16-2017)
(k) Digital Files. With the submittal of the final plat mylar for BCC approval, a digital
file of the plat in a DWG or DXF format shall be provided to the County in the
following datum and projection:
(1) Datum: NAD83 (2011) or most current realization as defined and
maintained by the National Geodetic Survey (NGS)
(2) Projection Zone: Florida North (State Plane – US Survey Foot Definition)
(3) Projection Type: Lambert Conformal Conic
(Ord. No. 2017-08 § 1, 2-16-2017; Ord. No. 2017-50 § 1, 8-3-2017)

Sec. 2-5.8 Plat vacation.

(a) General. Plat vacation approval is required to vacate a subdivision plat in whole or
part after the plat has been recorded in the public records of the county. The
approval to vacate a final plat accommodates a replat or a return to acreage for the
subject land, according to Chapter 177, Florida Statutes.
(b) Approval process.
Checklists provided by the appropriate department will give the applicant quick and
ready access to the requirements of this article. (Ord. No. 2016-33. § 1, 9-1-2016)
Article 6 Special Conditions and Circumstances
Sec. 2-6.1 Purpose of article.
This article establishes the review provisions necessary to consider and authorize
limited development alternatives under conditions and circumstances not evaluated by
the other provisions of this chapter.
Sec. 2-6.2 Review by quasi-judicial hearing.
Quasi-judicial hearings are required for final determinations on the following
applications: appeals of administrative decisions, variances, conditional uses,
substantial hardship variances and other reviews as prescribed within this article.
Public notification is required as further outlined in this Article. The cost of the
notification is to be borne by the applicant requesting review.
Public participation. Prior to any hearing to consider a variance, the clerk of the
reviewing board shall provide adequate public notice.
a. Publication. At least ten days prior to the hearing, notice shall be
published in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as

LDC 2:21
 practicable to, the subject property and shall be clearly readable from the
nearest public right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be
sent via U.S. mail. For notification distances, see Section 2-1.1. The cost
of the mailing is to be borne by the applicant. (Ord. No. 2017-15 § 1, 3-16-2017)
Sec. 2-6.3 Variance of LDC standards.
(a) General. An applicant may request a variance to specified provisions of the LDC.
A variance authorizes site use in a manner that is not otherwise allowed by the
dimensional or physical requirements of the LDC, but a variance cannot authorize
uses that are prohibited by zoning or remedy general hardship conditions that
extend to other sites.
Minor variances of 20% or less that are of mutual benefit to the public and the
applicant are evaluated by the Planning Official. All other variances shall be
evaluated as substantial hardships through quasi-judicial public hearing review by
the Board of Adjustment (BOA) or by the SRIA for Pensacola Beach properties.
Limits on variances. Variances are available and may be granted only for the
LDC standards that specifically provide the option and only as allowed by the
provisions of the LDC. No variances are available to any provisions of chapters
1, 2, or 6. Additionally, variances cannot be granted to any provisions that
establish the allowable uses or densities in a zoning district or to any conditions
of approval imposed by an approving authority.
Design and construction of swimming pools at Pensacola beach must take into
consideration the existing environmental conditions on a barrier island location.
Swimming pools to be constructed outside of established building setback lines
must be approved by the SRIA Board only, without the need for further action by
the BOA.
(b) General variance conditions. All variances shall satisfy the following conditions:
(1) Special conditions and circumstances exist which are peculiar to the land,
structure or building and which are not applicable to other lands, structures or
buildings in the same zoning district.
(2) The special conditions and circumstances do not result from the actions of the
applicant.
(3) Granting the variance requested will not confer on the applicant any special
privilege that is denied by this land development code to other lands, buildings or
structures in the same zoning district.
(4) Strict application of the provisions of the land development code would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of the land development code and would create an
unnecessary and undue hardship on the applicant.
(5) The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.

LDC 2:22
 (6) The granting of the variance will be consistent with the general intent and
purpose of the land development code and that such variance will not be
injurious to the area or otherwise detrimental to the public welfare.
(c) Substantial hardship variance provisions. An applicant may request a
substantial hardship variance providing limited relief for a hardship arising from
conditions peculiar to a specific property. The process to approve a substantial
hardship variance is established here for the BOA and SRIA to consider whether
there is a deficiency in real property that creates a substantial undue hardship for the
property owner by preventing development of the property in compliance with a LDC
standard and whether a requested adjustment in the standard should compensate
for that deficiency.
(1) Application. An application for substantial hardship variance approval shall be
submitted for compliance review to the clerk of the reviewing board within the
deadline stated in the application. A pre-application meeting with staff is
recommended.
(2) Public participation. Prior to any hearing to consider a substantial hardship
variance, the clerk of the reviewing board shall provide adequate public notice.
a. Publication. At least ten days prior to the hearing, notice shall be
published in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as
practicable to, the subject property and shall be clearly readable from the
nearest public right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be
sent via U.S. mail to the address registered with the property appraiser for
each owner of real property with any portion of the property located
adjacent to the subject property. The cost of the mailing is to be borne by
the applicant.
(3) Compliance review. The BOA or SRIA shall conduct a quasi-judicial public
hearing as noticed to consider the requested substantial hardship variance
according to the provisions of this article. The applicant must establish the
presence of the following:
a. Exceptional conditions. There are exceptional conditions or circumstances
that are unique to the land in question, not ordinarily found on other lands in
the vicinity and not a result of the owner’s intentional action. Unique
conditions or circumstances include exceptional narrowness, shallowness,
shape, or topographic conditions of the land or the presence of
environmentally sensitive lands in or around the land.
b. Substantial hardship. Under the unique land conditions or circumstances
prompting the variance request, the strict application of LDC standards
causes an exceptional practical difficulty or undue physical hardship to the
owner that effectively prohibits a permissible principal use or denies rights
and privileges legally enjoyed by owners of other properties in the vicinity or
within the same zoning district.
LDC 2:23
 (4) Final determination.
a. Action of board. If the reviewing board finds from the established record of
the hearing that there is a compelling demonstration by the applicant of
competent substantial evidence proving the required conditions, the board
shall grant a variance. However, a variance may only be granted to the
extent supported by the evidence presented.
b. Period of valid approval. If not otherwise reduced as a condition of
approval, a variance is valid for two years from the date of approval. If within
that period the variance is not part of an approved site development
application or one continuing in good faith as determined by the Planning
Official and no application for its extension has been submitted according to
the provisions of this article, the variance approval expires and is void. Once
the variance is part of an approved site development plan, however, the
variance will remain valid through the approved plan.
c. Other conditions of approval. In granting a variance, the reviewing board
shall have the authority to attach any conditions directly related to the
variance as the board may find necessary for satisfaction of the variance
conditions and preservation of the intent of the subject standard.
(Ord. No. 2017-15 § 2, 3-16-2017)

Sec. 2-6.4 Conditional uses.

(a) General. The LDC may conditionally allow other uses in addition to the permitted
uses within each zoning district. Conditions that may justify conditional use approval
are evaluated through quasi-judicial public hearing review by the Board of
Adjustment (BOA), the Santa Rosa Island Authority (SRIA) for Pensacola Beach
properties, or the Board of County Commissioners (BCC) for certain uses as noted
in the applicable zoning district.
(b) Limits on conditional uses. Conditional uses are subject to the following
limitations:
(1) Availability. Conditional uses are available and may be granted only to land for
which that option is specifically provided by the applicable zoning district or other
provisions of the LDC.
(2) Invalid reasons. Nonconforming, unapproved, or unlawful uses, structures, or
conditions are not considered special conditions or other valid reasons for
granting any conditional use.
(3) Site specific. A conditional use can only be granted based on a site-specific
review of an individual lot of record or development parcel. Conditional uses are
not available to subdivisions or other groups of individually developed lots.
(4) Multiple uses. If more than one conditional use is proposed, the conditions shall
be addressed for each use.
(c) Conditional use provisions.
(1) Application. Application for conditional use approval shall be submitted for
compliance review to the clerk of the reviewing board within the time period
stated in the application. A pre-application meeting with staff for the board is
recommended.

LDC 2:24
 (2) Public participation. Hearings to consider a conditional use shall be open to the
public. Prior to any hearing to consider a conditional use, the county shall provide
reasonable notice to the public as required by Florida Statutes.
a. Publication. At least ten days prior to the hearing, notice shall be
published in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than
24 inches by 48 inches shall be prominently posted on, or as near as
practicable to, the subject property and shall be clearly readable from
the nearest public right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be
sent via U.S. mail to the address registered with the property appraiser
for each owner of real property with any portion of the property located
within 500’ of the subject property. The cost of the mailing is to be
borne by the applicant.
(3) Compliance Review. The reviewing board shall conduct the quasi-judicial public
hearing to consider the requested conditional use. The applicant has the burden
of presenting competent substantial evidence that establishes each of the
following conditions:
a. General compatibility. The proposed use can be conducted and operated in
a manner that is compatible with adjacent properties and other properties in the
immediate area.
b. Facilities and services. Public facilities and services, especially those with
adopted levels of service, will be available, and will provide adequate capacity
to serve the proposed use consistent with capacity requirements.
c. On-site circulation. Ingress to and egress from the site and its structures will
be sufficient, particularly regarding vehicle and pedestrian safety and
convenience, efficient traffic flow and control, on-site parking and loading, and
emergency vehicle access.
d. Nuisances and hazards. The scale, intensity, and operation of the use will
not generate unreasonable noise, glare, dust, smoke, odor, vibration, electrical
interference, or other nuisances or hazards for adjoining properties and other
properties in the immediate area.
e. Solid waste. All on-site solid waste containers will be appropriately located for
functional access, limited off-site visibility and minimal odor and other nuisance
impacts.
f. Screening and buffering. Where not otherwise required by the LDC, screening
and buffering will be provided if appropriate to the proposed use and site.
g. Signs and lighting. All exterior signs and lights, whether attached or
freestanding, will be compatible with adjoining properties and other properties
in the immediate area, especially regarding glare and traffic safety.
h. Site characteristics. The size, shape, location and topography of the site
appear adequate to accommodate the proposed use, including setbacks,
intensity, bulk, height, open space and aesthetic considerations.

Supp. 12 LDC 2:25

 i. Use requirements. The proposed use complies with any additional conditional
use requirements of the applicable zoning district, use, or other provisions of
the LDC.
(4) Final determination.
a. Action of board. If the reviewing board finds from the record of the hearing
that the applicant has presented competent substantial evidence proving the
required conditions, the board shall grant a conditional use, unless the board
finds from the evidence presented that granting the conditional use will be
adverse to the public interest.
b. Period of valid approval. A conditional use approval is valid for a period of
four years from the date of approval. If within that period the conditional use
is not part of an approved site development application or one continuing in
good faith review as determined by the Planning Official, the conditional use
approval expires and is void. No extension of the initial approval is available.
However, once the conditional use is part of an approved site development
plan, the conditional use approval will remain valid through the approved plan.
c. Other conditions of approval. In granting a conditional use, the reviewing
board shall have the authority to attach any conditions directly related to the
use as the board may find necessary for satisfaction of the conditional use
conditions and preservation of the intent of the applicable zoning district.
Such conditions include setbacks, height, impervious cover, total floor area,
building orientation, screening, buffering, site signage and lighting, and hours
of operation.
(Ord. No. 2015-18, § 1, 6-25-15; Ord. No. 2017-15 § 2, 3-16-2017)

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

(a) General. The LDC requires good faith efforts in adhering to its established periods,
but extension of an eligible LDC time limit may be requested according to the
provisions of this section whereby a landowner asserts that the limit does not
anticipate legitimate delays in compliance. However, no applicant is automatically
entitled to any extension. Short-term (6 month) extensions are evaluated by the
Planning Official, and longer extensions (one year) shall be evaluated through a
quasi-judicial public hearing review by the BOA. These extension processes allow
additional time for concluding the compliance review, developing an approved use,
and continuing or reestablishing some uses.
(b) Limits on extensions. Extensions to LDC periods are subject to the following
limitations:
(1) Availability. Extensions are available and may be granted only for LDC periods
that specifically provide that option, only if a complete application for the
extension was submitted prior to the expiration of the period for which the
extension is requested, and only as otherwise allowed by the provisions of the
LDC.
(2) Approving authority. Extensions to any period not required by the LDC but
imposed as a condition of approval by an approving authority cannot be granted
by another approving authority.

LDC 2:26
 (3) Individual and multiple limits. An extension can only be granted based on a
specific review of an individual period. If an extension of more than one period is
requested, the extension criteria shall be evaluated for each limit.
Sec. 2-6.6 Medical hardship temporary use of manufactured homes.
(a) General. Temporary placement of a manufactured (mobile) home or park trailer
may be requested according to the provisions of this section when a landowner
asserts that existing medical conditions require in-home care and an accessory
dwelling to reasonably provide it. The manufactured home may be placed within any
mainland zoning district to remedy a medical hardship according to the temporary
use provisions of Chapter 4, regardless of the density limits of the applicable zoning.
The requirements to grant the temporary use of a manufactured home or park trailer
as an accessory dwelling to provide in-home medical care is considered by the BOA
in a quasi-judicial hearing whether conditions warrant such use.
(b) Medical hardship temporary use
(1) Application. An application for approval of the medical hardship temporary use
of a manufactured home or park trailer shall be submitted for compliance review
to the clerk of the BOA within the time frame provided in the application. A pre-
application meeting with staff for the board is recommended. The applicant shall
provide any authorized fees and the information required by the adopted medical
hardship temporary use procedures. That information shall include a general site
plan showing the proposed location of the manufactured home in relation to other
site improvements and conditions and other documentation satisfying the
medical hardship temporary use conditions established in this section.
(2) Public participation. Prior to any hearing to consider the medical hardship
temporary use of a manufactured home or park trailer, the clerk of the BOA shall
provide adequate public notice.
a. Publication. At least ten days prior to the hearing, notice shall be
published in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as
practicable to, the subject property and shall be clearly readable from the
nearest public right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be sent
via U.S. mail to the address registered with the property appraiser for each
owner of real property with any portion of the property located adjacent to
the subject property. The cost of the mailing is to be borne by the applicant.
(3) Compliance review. The BOA shall conduct a quasi-judicial public hearing as
noticed to consider the requested medical hardship temporary use of a
manufactured home or park trailer according to the provisions of this article. The
applicant has the burden of presenting competent substantial evidence to the
board that establishes each of the following conditions:

LDC 2:27
 a. Certified need. A Florida-licensed physician certifies in writing the medical
need, specifying the extent of the need for in-home medical care and the
approximate length of time for such in-home medical care.
b. Minimum necessary. Conditions and circumstances make it difficult or
impossible for the recipient and provider of medical care to reside in the same
dwelling and the temporary accessory dwelling is the minimum necessary to
provide relief of that medical hardship.
c. Adequate public services. The manufactured home or park trailer will have
adequate water, sewer, solid waste removal, and electric services available.
d. Compatibility. The temporary use will not produce adverse impacts on the
uses of surrounding properties.
e. Standard conditions. The temporary use can comply with the applicable
standards of Chapter 4.
(4) Final determination.
a. Action of board. If the BOA determines from the established record of the
hearing that there is a compelling demonstration by the applicant of
competent substantial evidence proving the required conditions, the board
shall grant the temporary use of a manufactured home.
b. Period of valid approval. Approval of the medical hardship temporary use of
a manufactured home or park trailer is valid for a period of one year from the
date of approval. If within that period the temporary use is not part of an
approved site development application or one continuing on good-faith review
as determined by the Planning Official, the temporary use approval is void.
Once the temporary use is part of an approved site development plan,
however, the use approval will remain valid through the approved plan.
c. Period of use. The medical hardship temporary use of a manufactured
home or park trailer is initially limited to two years from the date the certificate
of occupancy for the home is issued. An extension to the period of use may
be granted for a continuing medical need according to the extension
provisions of this article. However, regardless of any extensions granted,
whenever the medical hardship ends, the approval of the temporary
placement and use of the manufactured home are void.
d. Other conditions of approval. In granting temporary use of a manufactured
home or park trailer, the BOA shall have the authority to attach any conditions
directly related to the use as the board may find necessary for protection of
the general public, satisfaction of the temporary use criteria, and preservation
of the intent of the applicable zoning district. These conditions are in addition
to any use-specific standards prescribed by Chapter 4 for the temporary
placement of a manufactured home.
(Ord. No. 2017-15 § 2, 3-16-2017)

Sec. 2-6.7 Vested rights.

(a) General. It is the intent of this section to provide a mechanism for the granting of an
equitable vested right according to the provisions of this section when a landowner
asserts that sufficient development activity, once lawful under applicable land use

LDC 2:28
Supp. 12
 regulations but now contrary to their terms, has occurred so that the landowner is
entitled to a development right.
(b) Application. Application for vested rights approval shall be submitted to the clerk of
the Planning Board no later than 12 months following any act or omission on the part
of the county that the landowner discovers and asserts as the basis for a vested
right, or no later than 12 months following written county notification to the
landowner of the need to apply for a determination, whichever occurs sooner.
(c) Public Participation. Prior to any hearing to consider a vested right, the clerk of the
Planning Board shall provide adequate provide adequate public notice.
(1) Publication. At least ten days prior to the hearing, notice shall be published in a
newspaper of general circulation in Escambia County.
(2) Site sign. At least 15 days prior to the hearing, a sign no smaller than 24 inches
by 48 inches shall be prominently posted on, or as near as practicable to, the
subject property and shall be clearly readable from the nearest public right-of-
way.
(3) Notification. At least 15 days prior to the hearing, notification shall be sent via
U.S. mail to the address registered with the property appraiser for each owner of
real property with any portion of the property located within 500’ of the subject
property. The cost of the mailing is to be borne by the applicant.
(d) Compliance review. The Planning Board shall conduct a quasi-judicial public
hearing to consider the requested vested right according to the provisions of this
article. The Planning Board shall adopt a recommendation to the BCC for vested
right approval, approval with conditions, or denial based on the hearing record of
evidence.
(e) Criteria for vested rights determination. An owner shall be entitled to a
determination of vested rights only if through substantial competent evidence it can
be established that the proposed use of the property meets the concurrency
provisions of Article 5 and in addition one of the following criteria has been met:
(1) The proposed use was authorized pursuant to a county development order, or
equivalent, issued on or before the effective date of this Code, or a pertinent
amendment thereto, and the development has commenced and is continuing in
good faith. In a claim based upon this criterion, the owner must produce evidence
of actions and accomplishments that substantiate timely and lawful progression
towards the completion of the intentions and plans documented in the original
order, or equivalent. In a claim based upon this criterion, the right to which the
owner may be vested is a continuation of the original order, or equivalent.
(2) The owner is determined to have acquired rights due to good faith reliance on an
act of commission or omission of the county which has caused the owner to
make such a substantial change in position or to incur such extensive obligations
and expenses that it would be highly inequitable and unjust to destroy the rights
acquired. In a claim based upon this criterion, the owner must document, and the
county must verify, the obligations and expenses that are in jeopardy. The owner
must produce evidence of actions and accomplishments that substantiate timely

LDC 2:29
 and lawful progression towards the completion of the intentions and plans that
have been jeopardized. Evidence including, but not limited to, that which
demonstrates that such activity has not progressed in such a manner may be
sufficient to negate a finding of good faith on the part of the owner and therefore
invalidate the claim to vested rights.
(f) Limitation on vested rights. A determination of vested rights shall expire and be
null and void unless construction of improvements, if any, are commenced pursuant
to a development order within 18 months after the issuance of the determination of
vested rights.
Sec. 2-6.8 Planned Unit Developments.
(a) General. Planned unit development (PUD) is an optional and supplemental
compliance review process for the subdivision of land. It allows flexibility in LDC
requirements to encourage greater creativity in land use planning and design for the
mutual benefit of developers and the public. The intent of the PUD is to obtain
benefits not anticipated by the strict application of zoning district regulations and
subdivision standards, and not available by other variance processes. For the
private gain of greater design flexibility, developers are required to provide greater
public benefits through permanently preserved common open space, infrastructure
improvements, accommodation of environmental and aesthetic features, and other
permanent site improvements and amenities benefiting public health, safety and
welfare. Proposed PUD is evaluated first through a quasi-judicial public hearing by
the Planning Board and then by the Board of County Commissioners (BCC)
(b) Limits on PUD. Planned unit development can be used to mix land uses, provide
broader housing choices, and allow more compact development through specific
height, area, yard, size and use requirements that are different in any or all respects
from those required by the applicable zoning district, or subdivision design standards
different from those prescribed in Chapter 5. Planned unit development is allowed
for subdivision within any zoning district or future land use category, but it is subject
to the following limitations:
(1) Land uses. Land uses may vary from the specific uses allowed by the
applicable zoning district, but they shall comply with the range of allowed uses
within the applicable future land use category.
(2) Density. The number of dwelling units shall not exceed the density allowed by
the applicable future land use category or zoning district.
(3) Other processes. The PUD process supplements but does not replace other
applicable compliance review processes of the LDC, including those for approval
of preliminary plats, construction plans, and final plats.
(4) Standards. The PUD process shall not modify any level of service standards for
adequate public facilities or standards for accessibility, life safety, or health.
(c) Application. An application for PUD approval shall be submitted to the clerk of the
Planning Board within the time frame provided in the application. A pre-application
meeting with staff is recommended.
(d) Public participation. Prior to any hearing to consider a PUD, the clerk of the
Planning Board shall provide adequate public notice.

LDC 2:30
 (1) Publication. At least ten days prior to the hearing, notice shall be published in a
newspaper of general circulation in Escambia County.
(2) Site sign. At least 15 days prior to the hearing, a sign no smaller than 24 inches
by 48 inches shall be prominently posted on, or as near as practicable to, the
subject property and shall be clearly readable from the nearest public right-of-
way.
(3) Notification. At least 15 days prior to the hearing, notification shall be sent via
U.S. mail to the address registered with the property appraiser for each owner of
real property with any portion of the property located within 500’ of the subject
property. The cost of the mailing is to be borne by the applicant.
(e) Compliance review. The Planning Board shall conduct a quasi-judicial public
hearing as noticed to consider whether conditions warrant the proposed
modifications and make recommendations regarding the proposal to the BCC and
for them to consider and act on those recommendations.
(f) Criteria for PUD approval. The applicant has the burden of presenting competent
substantial evidence to the board that establishes each of the following conditions
for the PUD:
(1) Creative Planning. Uses and structures are arranged in a manner that
demonstrates creative concepts of land use planning throughout the
development area. Residential uses include a complementary and sustainable
mix of dwelling unit types or mix with non-residential uses.
(2) Natural amenities. Clustering, setbacks, easements and other methods are
utilized to preserve to the greatest extent practicable the natural amenities and
characteristics of the land, including open space, topography, natural vegetation,
groundwater recharge, waterways, and scenic views. Deficiencies in natural
amenities are supplemented through landscaping and other enhancements.
(3) Desirable environment. A more desirable environment in which to live or work
is created than would be possible through the strict application of the minimum
requirements of the LDC. Common open space area is within reasonable
walking distance of all dwelling units in the development.
(4) Mobility. Internal circulation systems promote both pedestrian and vehicular
mobility, especially between residential areas and local public open space,
schools, retail sales and services, and employment. Sidewalks are located on at
least one side of every street to support safe pedestrian mobility within the
development and appropriate access to surrounding uses.
(5) Efficient land use. An efficient use of land results in smaller networks of streets
and utilities. If street rights-of-way are proposed to be less than standard width,
easements will provide adequate space to install and maintain utilities.
(6) Compatibility. The development is compatible with surrounding areas and
provides stable conditions and character to maintain long-term compatibility. (Ord.
No. 2017-15 § 2, 3-16-2017)

Sec. 2-6.9 Statutory development agreements.

At the request of an applicant or the county, a voluntary development agreement may
be entered into that would vest certain conditions agreed to by both parties according to

LDC 2:31
the requirements of Florida Statutes. The form of the development agreement shall be
approved through the County Attorney’s Office. The Planning Board shall conduct the
first of two public hearings required by law. The BCC shall conduct the second public
hearing, with final adoption of the development agreement requiring a majority vote of
the BCC.
Section 2-6.10 Appeal of Administrative Decisions
(a) Appeal option. Any person whose substantial interests have been adversely
affected by an error in the order, requirement, interpretation, or determination of
an administrative official regarding compliance with the requirements of the LDC
may appeal that decision according to the provisions of this section. The
provisions do not apply to decisions regarding administration of the building
code, actions of code enforcement officers, or challenges of consistency of LDC
regulations with the Comprehensive Plan. A claim to appeal or challenge the
consistency of a development order with the adopted Comprehensive Plan must
be filed with the Clerk of the Circuit Court of Escambia County pursuant to
Florida Statute 163.3215.
(b) Appeal process. Conditions that may justify modification of administrative
decisions are evaluated through quasi-judicial public hearing review by the Board
of Adjustment (BOA).
(1) Application. Application for appeal of an administrative decision shall be
submitted for compliance review within 15 days after the date of the decision
being appealed. A quasi-judicial public hearing for the appeal shall be
scheduled to occur within 30 business days after receipt of a complete
application. The application shall provide information as required by the
adopted appeal procedures, including the following:
a. Decision appealed. A copy of the written administrative decision to be
reviewed on appeal.
b. LDC reference. Identification of the specific LDC provisions for which
noncompliance is alleged.
c. Alleged error. A description of how the decision of the administrative
official is considered arbitrary or capricious.
d. Conditions. Documentation satisfying the conditions established in the
compliance review provisions of this section.
e. Remedy. A description of the proposed remedy.
f. Other information. Any other pertinent information the applicant wishes to
have considered.
(2) Public participation. Hearings to consider an appeal of administrative
decision shall be open to the public. Prior to any hearing to consider an
appeal of administrative decision, the county shall provide reasonable notice
to the public as required by Florida Statutes.
a. Publication. At least ten days prior to the hearing, notice shall be
published in a newspaper of general circulation in Escambia County.

LDC 2:32
 b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as
practicable to, the subject property and shall be clearly readable from the
nearest public right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be
sent via U.S. mail to the address registered with the property appraiser for
each owner of real property with any portion of the property located within
500’ of the subject property. The cost of the mailing is to be borne by the
applicant.
(3) Standing. Although the hearing before the BOA is open to the public, only
those person or entities with “standing” will be allowed to present testimony or
other evidence during the hearing. Persons with standing include:
a. The applicant or any other person who received the adverse decision from
the county administrative official.
b. Those persons who are third parties to the administrative decision and
who suffer an adverse impact that differs in kind (as opposed to degree) to
any adverse impact suffered by the community as a whole.
(4) Compliance review. The BOA shall conduct the quasi-judicial public hearing
to consider the appeal of an administrative decision. The applicant has the
burden of presenting competent substantial evidence to the board that
establishes each of the following conditions with regard to the decision being
appealed:
a. Arbitrary or capricious. The decision of the administrative official was
neither required nor supported by the Comprehensive Plan or the LDC
and was therefore arbitrary or capricious.
b. LDC noncompliance. The specific LDC provisions identified in the
appeal application are appropriate to the decision and the decision was
not in compliance with those provisions.
c. Adverse impact. The applicant’s property will suffer an adverse impact
as a result of the decision if it is not modified.
d. Protected interest. The adverse impact is to a specific interest protected
or furthered by the LDC or Comprehensive Plan.
e. Greater impact. The adverse impact adversely affects the applicant in a
greater degree than any adverse impact shared by the community at
large; and, if the applicant is a third party to the decision, the adverse
impact peculiar to the applicant differs in kind (as opposed to degree) to
any suffered by the community as a whole.
(5) Final determination.
a. Board finding. If the BOA finds from the record of the hearing that the
applicant has presented competent substantial evidence proving the
required conditions set out in the compliance review provisions of this
section, the board shall find the appealed decision in error. The finding

LDC 2:33
 shall state with particularity how the decision of the administrative official
was arbitrary or capricious. If the conditions are not proven the board
shall affirm the decision.
b. Board authority. The BOA shall have the same authority and
responsibility to change a decision found to be in error as is given by the
LDC to the official who made the decision, but no more. The board may
act only to the extent supported by the established record of evidence and
only as necessary to maintain compliance with the LDC and the
Comprehensive Plan. The board cannot offer opinions or interpretations
generally. The authority of the board to act as the official does not include
any authority to diminish or otherwise change the application of any
technical design standard or specification established or referenced in the
LDC, to change any concurrency management provisions, or to exempt
any development from required compliance review and approval.
Ord. No. 2015-18, § 2, 6-25-15; Ord. No. 2017-15 § 2, 3-16-2017)

LDC 2:34
 Article 7 LDC and Comprehensive Plan Amendment
Sec. 2-7.1 Purpose of article.
This article establishes the review necessary to consider and authorize both map and
text amendments to the Land Development Code (LDC) and Comprehensive Plan.
These LDC and Comprehensive Plan amendment reviews are defined by the general
provisions of Article 1 and the specific provisions of this article. The reviews are
predominantly discretionary and provide opportunities to modify county land
development goals, objectives, policies, and regulations within the limits prescribed by
Florida Statutes. More specifically, this article includes review for amendment of the
LDC zoning map (rezoning), the Comprehensive Plan future land use map (FLUM), and
text amendments to the provisions of both the LDC and Comprehensive Plan.
Sec. 2-7.2 LDC zoning map and text amendments.
(a) General. All provisions of the LDC are established, modified, or repealed by
ordinance of the Board of County Commissioners (BCC). Zoning map and text
amendments may be proposed by the county or others according to the ordinance
enactment procedures prescribed by Florida Statutes and the provisions of this
section. Since any LDC amendment is a change to implementing the land use
regulations of the county and can modify the requirements for subsequent
authorizations of land uses and development activities, significant opportunities for
public participation are provided. These map and text amendment processes are
established for the county to authorize appropriate changes to its land development
regulations.
(b) Zoning map amendment (rezoning) and (special-use rezoning) County-initiated
comprehensive changes to the zoning map that set policy require enactment through
the legislative procedures of the BCC. In compliance with the following process, an
owner-initiated zoning map amendment (rezoning or special-use rezoning) that
affects a limited number of identifiable parties and interests is evaluated first through
quasi-judicial public hearings by the Planning Board, or the Santa Rosa Island
Authority (SRIA) for property on Pensacola Beach, and then by the BCC:
(1) Application. Application for a rezoning or a special-use rezoning through the
quasi-judicial process shall be submitted to the clerk of the reviewing board within
the time required by the adopted rezoning procedures of the board prior to the
scheduled board meeting at which the applicant requests to be heard. The
application shall provide the information required by the rezoning procedures. A
pre-application meeting of the applicant with the staff for the reviewing board is
recommended to discuss the process and to review county, board, and applicant
responsibilities.
(2) Public participation. Hearings to consider a rezoning application shall be open
to the public. Prior to any such hearing, the clerk of the reviewing board shall
provide reasonable notice to the public as required by Florida Statutes and the
Comprehensive Plan. Public notification shall include the following, each
identifying the purpose, subject, reviewing authorities, case number, dates, times
and locations of the hearings; the current and proposed zoning; and county
contacts for additional information:

LDC 2:35
Supp. 15
 a. Publication. At least ten days prior to the hearing, notice shall be published
in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as practicable
to, the subject property and shall be clearly readable from the nearest public
right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be sent
via U.S. mail to the address registered with the property appraiser for each
owner of real property with any portion of the property located south of Nine
Mile Rd within 500 feet of the subject property. For property located north of
Nine Mile Rd, notification will be sent to properties within 2500 feet of the
subject property. The cost of the mailing is to be borne by the applicant.
(3) Compliance review. A quasi-judicial public hearing shall be conducted by the
appropriate reviewing board to consider a requested rezoning according to the
provisions of this article. At the conclusion of the hearing, based on the record
evidence, the reviewing board shall submit a recommendation to the BCC for
rezoning approval, denial, or if appropriate and acceptable to the applicant,
approval of a district with less intensive uses than the requested zoning.
(4) Approval conditions.
a. Rezoning. The applicant has the burden of presenting competent substantial
evidence to the reviewing board establishing that the requested zoning district
would contribute to or result in a logical and orderly development pattern. The
appropriate surrounding area within which uses and conditions must be
considered may vary with those uses and conditions and is not necessarily the
same area required for mailed notification. A logical and orderly pattern shall
require demonstration of each of the following conditions:

1. Consistent with Comprehensive Plan. The proposed zoning is consistent

with the future land use (FLU) category as prescribed in LDC Chapter 3, and
with all other applicable goals, objectives, and policies of the Comprehensive
Plan. If the rezoning is required to properly enact a proposed FLU map
amendment transmitted for state agency review, the proposed zoning is
consistent with the proposed FLU and conditional to its adoption.
2. Consistent with zoning district provisions. The proposed zoning is
consistent with the purpose and intent and with any other zoning
establishment provisions prescribed by the proposed district in Chapter 3.
3. Compatible with surroundings. All of the permitted uses of the proposed
zoning, not just those anticipated by the rezoning applicant, are compatible, as
defined in Chapter 6, with the surrounding uses. The uses of any surrounding
undeveloped land shall be considered the permitted uses of the applicable
district. Compatibility is not considered with potential conditional uses or with
any nonconforming or unapproved uses. Also, in establishing the
compatibility of a residential use, there is no additional burden to demonstrate

LDC 2:36
Supp. 15
 the compatibility of specific residents or activities protected by fair housing
law.
4. Appropriate if spot zoning. Where the proposed zoning would establish or
reinforce a condition of spot zoning as defined in Chapter 6, the isolated
district would nevertheless be transitional in character between the adjoining
districts, or the differences with those districts would be minor or sufficiently
limited. The extent of these mitigating characteristics or conditions
demonstrates an appropriate site specific balancing of interests between the
isolated district and adjoining lands.
5. Appropriate with changed or changing conditions. If the land uses or
development conditions within the area surrounding the property of the
proposed rezoning have changed or are changing, the changes are to such a
degree and character that it is in the public interest to allow new uses, density,
or intensity in the area through rezoning; and, the permitted uses of the
proposed district are appropriate and not premature for the area or likely to
create or contribute to sprawl.
b. Special-Use rezoning criteria for use of mobile homes:
1. Notwithstanding the rezoning criteria enumerated above, a request for a
special-use rezoning may be permitted in zoning districts Medium Density
Residential district (MDR) and High Density Residential district (HDR) for the
use and placement of a mobile home as a single-family dwelling. The
applicant has the burden of presenting competent substantial evidence to the
reviewing board establishing that the site, use and proposed structure would
meet the following criteria:
a. Must be on a conforming lot or lot of record.
b. Minimum lot size of one acre.
c. Front setback must be a minimum of 40 feet.
d. Only one mobile home allowed per lot.
e. Lot may not be subdivided.
f. Lot may not be located within a platted subdivision.
g. Use may not otherwise be prohibited by any overlay district.
h. The use of a mobile home is compatible with the surrounding area.
i. Structure may not be located in a FEMA designated Special Flood
Hazard Area, in a designated Coastal High Hazard Area or within
Escambia County designated Evacuation Zones A, B or C.
j. No other permitted or conditional use contained within the special use
zoning, except for use of a mobile home as a single-family residence shall
be allowed.
k. Upon notice to the County and confirmation that the property is no
longer being used for placement of a mobile home as a single-family
residence, the property owner or agent shall request reversion to the prior
zoning category pursuant the rezoning criteria contained herein.
l. Lot may not be located in the Escambia County Mid-West Sector Plan.
(5) Board Action. If the reviewing board finds from the record of the hearing that the
applicant has presented competent substantial evidence establishing the

Supp. 15
LDC 2:37
 required conditions, the board shall then consider whether maintaining the current
zoning will serve a greater public interest. The board shall recommend approval
of the rezoning request to the BCC if the board finds that no new uses, density, or
intensity of use of the proposed zoning will likely diminish quality of life, reduce
property values, confer a special benefit on the subject property to the detriment
of the community as a whole or create other adverse impacts upon surrounding
properties, more than the uses, density, or intensity of the current zoning unless
the board determines that maintaining the current zoning.
(6) Final determination. The BCC at its scheduled hearing shall adopt, modify, or
reject the recommendation of the Planning Board or SRIA or return the rezoning
case to the board with instructions for additional facts or clarification. The staff of
the recommending board shall inform the board of all formal actions taken by the
BCC on the rezoning request.
(7) Appeals. Actions by the BCC adopting, rejecting, or modifying the
recommended rezoning of the reviewing board are final. Any party seeking
judicial review of the final determination shall do so according to the general
provisions of Article 1. Additionally, written notice of the filing of any such petition
for judicial review shall be promptly provided by the petitioner through the county
to each owner of real property with any portion within a 500-foot radius of the
rezoning subject property.
(Ord. No. 2015-35, § 1, 9-3-2015; Ord. No. 2017-15 § 3, 3-16-2017; Ord. No. 2017-61, § 1, 10-05-2017; Ord. No
2018-17, § 1, 4-5-2018)

(c) LDC Text amendment provisions.

Changes to the text of the LDC set policy and are legislative in nature. The
requirements to approve a text amendment are established for the Planning Board
to make recommendations to the BCC regarding whether requested changes to LDC
text are necessary and appropriate and for the BCC to consider and act on those
recommendations. The text amendment process does not amend the content of
zoning district maps, technical standards, and other maps or documents adopted by
reference within the LDC.
(1) Application. Where a text amendment is requested by petition to the Planning
Board, application shall be submitted for compliance review to the clerk of the
Planning Board at least 30 business days prior to the scheduled board meeting.
A pre-application meeting of the petitioner with staff for the board is
recommended to discuss the process and review county and petitioner
responsibilities.
(2) Public participation. Prior to any meeting to consider a text amendment, the
clerk of the Planning Board shall ensure public notice consistent with Florida
Statutes and the Comprehensive Plan. At least ten days prior to the hearing,
notice shall be published in a newspaper of general circulation in Escambia
County.
(3) Compliance review. The Planning Board shall consider a requested text
amendment during the noticed meeting of the board and determine any
subsequent action. If the text is to be evaluated as an amending ordinance, the

LDC 2:38
Supp. 15
 board shall conduct a public hearing. At the conclusion of the hearing the
Planning Board shall adopt a recommendation to the BCC for adoption, adoption
with modification, or rejection of the amendment.
a. Planning Official’s evaluation. For any amending ordinance, or as may be
requested by the Planning Board for any other text amendment proposal, the
Planning Official shall review and evaluate the proposal according to the
required amendment conditions. The evaluation shall be provided to the
Planning Board for consideration with the proposed text amendment.
b. Recommendation to BCC. For any amending ordinance, the clerk of the
Planning Board shall forward the board’s recommendation to the BCC for
consideration in a public hearing at the next available scheduled meeting of
the BCC. The clerk of the Planning Board shall ensure public notice of the
BCC hearing consistent with Florida Statutes and the notice required for
hearings of the Planning Board.
(4) Final determination. The BCC shall consider the amending ordinance at a
public hearing as noticed and adopt, modify, or reject the recommendation of the
Planning Board. At its discretion, the BCC may return the amending ordinance to
the board with instructions for modifications. If the amending ordinance is
returned for modifications, the Planning Board shall hold another public hearing
for the purpose of considering any revisions. The hearing shall be at a
scheduled meeting of the Planning Board, with public notice the same as that
provided for the initial hearing. Within the time requested by the BCC, the
Planning Board shall resubmit the amending ordinance with any revisions it may
propose for BCC consideration. The clerk of the Planning Board shall again
ensure proper public notice of the hearing at the next available scheduled
meeting of the BCC. In the hearing, the BCC shall again consider the amending
ordinance for adoption, modification, or rejection.
(d) Consistency with Comprehensive Plan. A challenge by a substantially affected
person of any LDC regulation on the basis that it is inconsistent with the
Comprehensive Plan shall be made according to the administrative review
provisions of Florida Statutes.

Sec. 2-7.3 Comprehensive Plan future land use and text amendments.
(a) General. All provisions of the Comprehensive Plan are established, modified, or
repealed by ordinance of the Board of County Commissioners (BCC). Future land
use map (FLUM) and text amendments may be proposed by the county or others
according to ordinance enactment and plan amendment procedures prescribed by
Florida Statutes and the provisions of this section. Since any Comprehensive Plan
amendment is a change in the foundational growth management plan guiding county
economic growth, land development, resource protection, and the provision of public
services and facilities, significant opportunities for public participation are provided.
(b) Applicant expenses and responsibilities. Any person requesting consideration of
an amendment to the Comprehensive Plan shall be responsible for all costs and
supporting information associated with preparation of the request that may be
required by the county or the state.

LDC 2:39
Supp. 15
(c) State review. A Comprehensive Plan amendment adopted by the BCC shall follow
the applicable state statute. An amendment qualifies as a small scale if it is less
than ten acres in size or a large scale if it is greater than ten acres in size.
(d) Amendment requirements. Amendments to both the text and the future land use
map of the Comprehensive Plan functionally set policy and are legislative in nature.
The requirements to approve a comprehensive plan amendment are established for
the Planning Board to make final recommendations to the BCC regarding whether
requested amendments to the Comprehensive Plan of the county are necessary and
appropriate and for the BCC to consider and act on those recommendations.
(e) Comprehensive Plan map amendments
(1) Application. An application for a Comprehensive Plan map amendment
approval shall be submitted for compliance review to the clerk of the Planning
Board at least 30 business days prior to the scheduled board meeting. A pre-
application meeting of the applicant with staff for the board is recommended to
discuss the process and review county and applicant responsibilities.
(2) Public participation. Prior to any hearing to consider a comprehensive plan
amendment, the clerk of the Planning Board shall ensure public notice consistent
with Florida Statutes and the Comprehensive Plan.
a. Publication. At least ten days prior to the hearing, notice shall be published
in a newspaper of general circulation in Escambia County.
b. Site sign. At least 15 days prior to the hearing, a sign no smaller than 24
inches by 48 inches shall be prominently posted on, or as near as practicable
to, the subject property and shall be clearly readable from the nearest public
right-of-way.
c. Notification. At least 15 days prior to the hearing, notification shall be sent
via U.S. mail to the address registered with the property appraiser for each
owner of real property with any portion of the property located within 500’ of
the subject property. The cost of the mailing is to be borne by the applicant.

(3) Compliance review. The Planning Board shall consider a requested

Comprehensive Plan map amendment during the noticed meeting of the board
and determine any subsequent actions. At the conclusion of the hearing, the
Planning Board shall adopt a recommendation to the BCC for adoption, adoption
with modification, or rejection of the amendment.
a. General amendment conditions. All amendments to the Comprehensive
Plan shall demonstrate the following general conditions, allowing that where
an amendment is imposed by a state or federal requirement it need only
demonstrate the conditions to the greatest extent practicable under that
requirement:
1. Need and benefit. There is an identified land use need particular to the
scope and function of the Comprehensive Plan for which an amendment is
clearly warranted.

LDC 2:40
Supp. 15
 2. Professional practices. The proposed amendment applies
contemporary planning principles, engineering standards, and other
professional practices to provide an effective and efficient remedy for the
identified land use problem or need.
b. FLUM amendment conditions. In addition to the general amendment
conditions, a future land use map amendment shall be based upon analyses
by Florida Statute.
(f) Comprehensive Plan text amendments
A comprehensive plan text amendment shall demonstrate any applicable governing
regulations. Changes to the text of the comprehensive plan set policy and are
legislative in nature. The requirements to approve a text amendment are
established for the Planning Board to make recommendations to the BCC regarding
whether requested changes to comprehensive plan text are necessary and
appropriate and for the BCC to consider and act on those recommendations. The
text amendment process does not amend the content of future land use maps,
technical standards, and other maps or documents adopted by reference within the
comprehensive plan.
(1) Application. Where a text amendment is requested by petition to the Planning
Board, application shall be submitted for compliance review to the clerk of the
Planning Board at least 30 business days prior to the scheduled board meeting.
A pre-application meeting of the petitioner with staff for the board is
recommended to discuss the process and review county and petitioner
responsibilities.
(2) Public participation. Prior to any meeting to consider a text amendment, the
clerk of the Planning Board shall ensure public notice consistent with Florida
Statutes and the Comprehensive Plan. At least ten days prior to the hearing,
notice shall be published in a newspaper of general circulation in Escambia
County.
(3) Compliance review. The Planning Board shall consider a requested text
amendment during the noticed meeting of the board and determine any
subsequent action. If the text is to be evaluated as an amending ordinance, the
board shall conduct a public hearing. At the conclusion of the hearing the
Planning Board shall adopt a recommendation to the BCC for adoption, adoption
with modification, or rejection of the amendment.
a. Planning Official’s report. For any amending ordinance, or as may be
requested by the Planning Board for any other amendment proposal, the
Planning Official shall review and evaluate the proposal according to the
required amendment conditions. The evaluation shall be provided to the
Planning Board for consideration with the proposed text amendment.
b. Recommendation to BCC. For any amending ordinance, the clerk of the
Planning Board shall forward the board’s recommendation to the BCC for
consideration in a public hearing at the next available scheduled meeting of
the BCC. The clerk of the Planning Board shall ensure public notice of all
BCC hearings regarding the amendment consistent with Florida Statutes and
the notice required for hearings of the Planning Board.
LDC 2:41
Supp. 15
 (4) Final determination. Requirements for a final determination on a proposed
Comprehensive Plan amendment shall be as prescribed by Florida Statutes and
summarized in the following actions:
a. Initial action of BCC. The BCC shall consider the amending ordinance at its
noticed public hearing and accept, modify, or reject the recommendation of
the Planning Board. The initial hearing of the BCC shall be for transmittal if
the amendment is following the expedited state review or state coordinated
review process. If the amendment qualifies as small in scale, the initial
hearing shall be the adoption hearing for the ordinance.
b. Initial transmittal. If approved by the BCC at the initial public hearing, an
amendment following the expedited state review or state coordinated review
process shall be transmitted with appropriate supporting data and analysis to
the state land planning agency and other reviewing agencies for comment.
c. Response of BCC. After county receipt of reviewing agency comments the
BCC shall hold a second noticed public hearing within the time prescribed by
statute to consider adoption of the ordinance. At the hearing the BCC shall
adopt, modify, or reject the amending ordinance. Failure to timely hold a
second hearing shall be considered withdrawal of the amendment.
d. Adoption transmittal. If approved by the BCC at a public hearing, the
county shall transmit the adopted amendment and appropriate supporting
data and analysis to the state land planning agency and any other reviewing
agencies that provided timely comment. An adopted amendment becomes
effective no sooner than the minimum time after adoption prescribed by
statute. If timely challenge, an amendment does not become effective until
the state issues a final order determining compliance.
e. Landowner dispute resolution. If the county denies a landowner’s request
for an amendment to the comprehensive plan that is applicable to the owner’s
land, the county must afford the owner an opportunity for informal mediation
or other alternative dispute resolution as required by Florida Statutes. (Ord. No.
2017-15 § 3, 3-16-2017)

Sec. 2-7.4 Applications for Opting-Out of the Mid-West Escambia County Sector
Plan
(a) General. All applications requesting that any parcel be allowed to Opt-out of the
Mid-West Escambia County Sector Plan shall address the following criteria:
(1) All standard Comprehensive Plan map amendment criteria;
(2) Comprehensive Plan requirement for changes to an existing DSAP;
(3) The size of the subject parcel in relation to the individual DSAP land use
category and in relation to the overall Sector Plan, to specifically include the
aggregate acreage of any previously granted opt-outs;
(4) The existing transportation infrastructure and any impact the proposed opt-out
may have on the capacity of that infrastructure;

LDC 2:42
Supp. 15
 (5) The underlying existing zoning category and its compatibility with surrounding
DSAP land use designations;
(6) The consistency of the requested future land use designation with the underlying
zoning; and
(7) The previous future land use designation.
(b) Staff review. Applications requesting to opt out of the Mid-West Escambia County
Sector Plan must be reviewed by Development Services Staff and presented to the
Local Planning Agency who will forward a recommendation for action to the Board of
County Commissioners. To the extent possible, the staff analysis and the reviewing
bodies shall consider whether the applicant lost development rights or was effectively
down zoned as part of the Sector Plan adoption. The Board may take into consideration
any other relevant factors in making its determination related to the request
(Ord. No. 2017-14 § 1, 3-16-2017)

Supp. 15
LDC 2:43
Article 8 Manual and Procedures
Sec. 2-8.1 Purpose of article.

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

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

Decisions regarding the application of design and environmental standards are the
responsibility of the Engineering or Environmental Official (or his or her designee).

Sec. 2-8.2 General.

The LDC support documents can be known collectively as the Design Standard Manual
(DSM) and will be located in the LDC as an attachment. To date, the County has
established the following documents to be used to supplement the LDC and be provided
as part of the DSM:
(a) Design Standards Manual (DSM), Chapter 1, Engineering
(b) Design Standards Manual (DSM), Chapter 2, Environmental
(c) Design Standards Manual (DSM), Chapter 3, Low Impact Development (pending)

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

Sec. 2-8.3 Criteria for Inclusion.

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

(a) Provides specific and general design requirements

(b) Provides subjective design choices
(c) Provides design criteria that, in all cases, meet or exceed mandatory regulatory
or industry design requirements
(d) Provides background information related to a design requirement or guideline
(e) Provides a sample calculation
(f) Details specific information regarding development applications

LDC 2:44
Supp. 15
Sec. 2-8.4 Design Standards Manual
The Design Standards Manual (DSM) establishes the standards meant to provide
minimum technical or environmental guidelines and standards for the design and
construction of any facilities located within Escambia County. The County Engineer and
Environmental Director shall be responsible for the administration, oversight, and
development of the manual. In addition, a Professional Advisory Committee (PAC) shall
be established to review and revise the manual. Details regarding the committee’s
structure and responsibilities have been provided in the DSM.

Sec. 2-8.5 Amendments or changes to the DSM

The manual will be reviewed annually and updated accordingly, based on new
standards, technology, or procedural changes, by the Professional Advisory Committee.
Revisions to this manual will be presented to the Planning Board for their review and
recommendation to the BOCC and will be effective at the time of the BOCC decision.

On occasion, it may become necessary to clarify or correct specific terms,

requirements, and standards within the DSM, and furthermore, additions, deletions, or
revisions to Design Standards may be made by the County Engineer, Community and
Environment Director or designee as necessary when required for compliance with
mandatory regional, state, or federal regulations.

Supp. 15
LDC 2:45
 Chapter 3
ZONING REGULATIONS
Article 1 General Provisions
Sec. 3-1.1 Purpose of chapter.
Sec. 3-1.2 Purpose of article.
Sec. 3-1.3 Zoning and future land use.
Sec. 3-1.4 Allowed uses.
Sec. 3-1.5 Site and building requirements.
Sec. 3-1.6 Compatibility.
Sec. 3-1.7 Cluster Dwelling Units
Sec. 3-1.8 Density and uses savings clause

Article 2 Mainland Districts

Sec. 3-2.1 Purpose of article.
Sec. 3-2.2 Agricultural (Agr).
Sec. 3-2.3 Rural Residential (RR).
Sec. 3-2.4 Rural Mixed-use (RMU).
Sec. 3-2.5 Low Density Residential (LDR).
Sec. 3-2.6 Low Density Mixed-use (LDMU).
Sec. 3-2.7 Medium Density Residential (MDR).
Sec. 3-2.8 High Density Residential (HDR).
Sec. 3-2.9 High Density Mixed-use (HDMU).
Sec. 3-2.10 Commercial (Com).
Sec. 3-2.11 Heavy Commercial and Light Industrial (HC/LI).
Sec. 3-2.12 Industrial (Ind).
Sec. 3-2.13 Recreation (Rec).
Sec. 3-2.14 Conservation (Con).
Sec. 3-2.15 Public (Pub).

Article 3 Overlay Districts

Sec. 3-3.1 Purpose of article.
Sec. 3-3.2 Community redevelopment.
Sec. 3-3.3 Barrancas Overlay (Barr-OL).
Sec. 3-3.4 Brownsville Overlay (Brn-OL).
Sec. 3-3.5 Englewood Overlay (Eng-OL).
Sec. 3-3.6 Palafox Overlay (Pfox-OL).
Sec. 3-3.7 Scenic Highway Overlay (SH-OL).
Sec. 3-3.8 Warrington Overlay (Warr-OL).
Sec. 3-3.9 Perdido Key Towncenter Overlay (PK-OL)

LDC 3:1
 Article 4 Perdido Key Districts
Sec. 3-4.1 Purpose of article.
Sec. 3-4.2 Low Density Residential (LDR-PK).[previously R1-PK]
Sec. 3-4.3 Medium Density Residential (MDR-PK). [previously R2-PK]
Sec. 3-4.4 High Density Residential (HDR-PK). [previously R3-PK]
Sec. 3-4.5 Commercial (Com-PK). [previously C1-PK]
Sec. 3-4.6 Commercial Core (CC-PK).
Sec. 3-4.7 Commercial Gateway (CG-PK).
Sec. 3-4.8 Planned Resort (PR-PK).
Sec. 3-4.9 Recreation (Rec-PK). [previously S1-PK]

Article 5 Pensacola Beach Districts

Sec. 3-5.1 Building Height
Sec. 3-5.2 Low Density Residential (LDR-PB).
Sec. 3-5.3 Medium Density Residential (MDR-PB).
Sec. 3-5.4 Medium Density Residential and Commercial (MDR/C-PB).
Sec. 3-5.5 High Density Residential (HDR-PB).
Sec. 3-5.6 High Density Residential and Commercial (HDR/C-PB).
Sec. 3-5.7 General Retail (GR-PB).
Sec. 3-5.8 Recreation Retail (Rec/R-PB).
Sec. 3-5.9 Commercial Hotel (CH-PB).
Sec. 3-5.10 Preservation (PR-PB).
Sec. 3-5.11 Conservation and Recreation (Con/Rec-PB)
Sec. 3-5.12 Government and Civic (G/C-PB).

LDC 3:2
Article 1 General Provisions
Sec. 3-1.1 Purpose of chapter.
(a) General. This chapter establishes county zoning districts necessary to implement
the distribution and extent of land uses prescribed by the future land use categories and
related policies of the Comprehensive Plan. Regulations for each district specify the
allowable uses of land and structures, the density and intensity of those uses, and other
standards that define what portion of any parcel a structure or use may occupy. Special
purpose overlay zoning districts further specify allowable uses and other requirements
in areas of unique character or condition. Compliance with the provisions of this
chapter is evaluated by the administrative authorities described in Chapter 1 according
to the compliance review processes prescribed in Chapter 2. More specifically, this
chapter is intended to: ¶
(1) Provide for the orderly and efficient distribution of agricultural, residential,
commercial, mixed-use, industrial, recreational, conservation, and other land
uses to meet the physical, social, civic, security, economic, and other needs of
present and future populations.
(2) Promote sustainable land development that minimizes sprawl, avoids the under
utilization of land capable of sustaining higher densities or intensities, and
maximizes the use of public investments in facilities and services through urban
infill and redevelopment
(3) Promote the economic stability of existing land uses that are consistent with the
Comprehensive Plan, protecting them from intrusions by incompatible land uses
and ensuring that new development is compatible in character and size.
(4) Preserve the character and quality of residential neighborhoods.
(5) Promote both mixed-use buildings and mixed-use neighborhoods, where
residential and business uses may overlap to the enhancement and benefit of both.
(6) Balance individual property rights with the interests of the community to create a
healthy, safe and orderly living environment.

Sec. 3-1.2 Purpose of article.

This article establishes general provisions that apply to all zoning district regulations
within the chapter. The regulations applicable to specific zoning districts are prescribed
in the remaining articles of this chapter.

Sec. 3-1.3 Zoning and future land use.

(a) Generally. Together the future land use (FLU) categories of the Comprehensive
Plan and zoning districts of the LDC form the primary location-specific land use
regulations of the county. Within each FLU, one or more zoning districts implement
and further refine the distribution and extent of allowable land uses. The
identification or classification of a use or activity as allowed by the applicable future
land use category and zoning district does not constitute the required approval to
carry out that use or activity. Consistency with FLU and zoning only indicates that,

LDC 3:3
 upon appropriate review and approval for compliance with the provisions of the LDC,
the use or activity may be established, reestablished or expanded.
(b) Official maps. The areas of the county subject to each future land use category
established within the Comprehensive Plan are recorded on the Official Future Land
Use Map of Escambia County. Similarly, the areas of each zoning district
established in this chapter are recorded on the Official Zoning Map of Escambia
County. The zoning map is adopted and incorporated here by reference and
declared to be part of the LDC. The information shown on the map has the same
force and effect as the text of the LDC. Both official maps are represented and
maintained digitally in the county’s Geographic Information System (GIS) and shall
be accessible to the public via the county’s website, www.myescambia.com.

(c) Boundary determinations. If uncertainty exists regarding the boundary of any FLU
category or zoning district, the boundary shall be determined by the Planning Official
in consideration of the following:
(1) Natural features. A boundary that reflects a clear intent to follow a particular
natural feature such as a stream or shoreline shall be understood to follow the
feature as it actually exists and move with the feature should it move as a result
of natural processes.
(2) Manmade features. A boundary shown on the official map as approximately
following a right-of-way, parcel line, section line, or other readily identified
manmade feature shall be understood to coincide with that feature.
(3) Parallel or extension. A boundary shown on the official map as approximately
parallel to a natural or manmade feature shall be understood as being actually
parallel to that feature; or if an apparent extension of such a feature, then
understood as an actual extension.
(4) Metes and bounds. If a boundary splits an existing lot or parcel, any metes and
bounds description used to establish the boundary shall be used to determine its
location.
(5) Scaling. If the specific location of a boundary cannot otherwise be determined, it
shall be determined by scaling the mapped boundary’s distance from other
features shown on the official map.
(d) Split parcels. The adopted zoning districts and FLU categories are parcel-based,
but their boundaries are not prohibited from dividing a parcel. For parcels split by
these boundaries, including overlay district boundaries, only that portion of a parcel
within a district or category is subject to its requirements. Where a zoning district
boundary divides a parcel that is ten acres or less in size and not part of a platted
residential subdivision, the zoning district of the larger portion may be applied to the
entire parcel if requested by the parcel owner, consistent with the applicable FLU
category, and in compliance with the location criteria of the requested zoning.
Zoning map amendment is otherwise required to apply a single district to a split-
zoned parcel.

LDC 3:4
(e) Land with no designations. No zoning is adopted for military bases, state college
and university campuses, and other such lands for which the regulations of the LDC
are not intended. Public rights-of-way have no designated zoning or future land use,
but where officially vacated right-of-way is added to abutting parcels the future land
use categories and zoning districts applicable to the abutting parcels shall apply to
their additions at the time of the vacation approval, with no further action required by
the county.
Land that otherwise has no adopted zoning, and is not within an area determined by
the county to be excluded from zoning, shall have zoning established by zoning map
amendment. If the land also has no approved future land use category, one shall be
adopted according to the process prescribed for such amendments prior to, or
concurrently with, Board of County Commissioners (BCC) approval of the zoning.
Map amendment. Changes to the boundaries of adopted FLU categories or zoning
districts, whether owner initiated or county initiated, are amendments to the official
county maps and are authorized only through the processes prescribed in Chapter 2
for such amendments.
(f) Future land use designations. The future land use categories established within
the Comprehensive Plan and referenced in the LDC are designated by the following
abbreviations and names:
AG Agriculture
RC Rural Community
MU-S Mixed-Use Suburban
MU-U Mixed-Use Urban
C Commercial
I Industrial
P Public
REC Recreation
CON Conservation
MU-PK Mixed-Use Perdido Key
MU-PB Mixed-Use Pensacola Beach
(g) Zoning district designations. The zoning districts established within this chapter
are designated by the following groups, abbreviations and names:
(1) Residential. The purposes of the following districts are primary residential:
RR Rural Residential
LDR Low Density Residential
MDR Med. Density Residential
HDR High Density Residential
LDR-PK Low Density Residential - Perdido Key
MDR-PK Medium Density Residential - Perdido Key
HDR-PK High Density Residential - Perdido Key
LDR-PB Low Density Residential - Pensacola Beach
MDR-PB Medium Density Residential - Pensacola Beach
HDR-PB High Density Residential - Pensacola Beach

Supp. 13 LDC 3:5

 (2) Non-residential. The purposes of the following districts are primarily mixed-use
and non-residential:
a. Mixed-use. The mixed-use districts are:
RMU Rural Mixed-use
LDMU Low Density Mixed-use
HDMU High Density Mixed-use
MDR/C-PB Medium Density Residential & Commercial - Pensacola
Beach
HDR/C-PB High Density Residential & Commercial - Pensacola Beach
b. Commercial and industrial. The commercial and industrial districts are:
Com Commercial
Com-PK Commercial - Perdido Key
CC-PK Commercial Core - Perdido Key
CG-PK Commercial Gateway - Perdido Key
GR-PB General Retail - Pensacola Beach
Rec/R-PB Recreation Retail - Pensacola Beach
CH-PB Commercial Hotel - Pensacola Beach
HC/LI Heavy Commercial and Light Industrial
Ind Industrial
c. Other. The other non-residential districts are:
Agr Agricultural
Rec Recreation
Con Conservation
Pub Public
PR-PK Planned Resort - Perdido Key
Rec-PK Recreation - Perdido Key
PR-PB Preservation - Pensacola Beach
Con/Rec-PB Conservation and Recreation - Pensacola Beach
G/C-PB Government and Civic - Pensacola Beach
(h) Zoning implementation of FLU. The zoning districts of this chapter are
established to implement the future land use categories adopted in Chapter 7 of the
Comprehensive Plan. One or more districts may implement the range of allowed
uses of each FLU, but only at densities and intensities of use consistent with the
established purposes and standards of the category. The Perdido Key districts
(Article 4) implement the MU-PK category and areas of the Conservation and
Recreation categories applicable to Perdido Key. The Pensacola Beach districts
(Article 5) implement the MU-PB category and areas of the Conservation and
Recreation categories applicable to Santa Rosa Island. The mainland districts
(Article 2) implement only those FLU categories prescribed within the regulations of
each district. In any conflict between the existing zoning of a parcel and its
applicable FLU, the provisions of the future land use prevail, subject to any
confirmation of vested rights. Such conflicts may be resolved through the zoning
and FLU map amendment processes prescribed in Article 7 of Chapter 2. However,
no future rezoning to a mainland district is authorized if not prescribed by the district
for the applicable FLU as summarized in the following table:

Supp. 13 LDC 3:6

 FUTURE LAND USE (FLU) CATEGORY
General distribution and extent of uses
ZONING
DISTRICT AG RC MU-S C I P REC CON
Specific max max max MU-U Limited No res No res No res No res
distribution 1du/20ac 2du/ac 25du/ac max res allowed allowed allowed allowed
and extent max 25du/ac max
max max max max
of uses 1.0 FAR max 25du/ac
0.25 FAR 0.25 FAR 1.0 FAR 0.5 FAR
2.0 FAR max
1.0 FAR

Agr Yes Yes No, uses No, uses No, uses No, uses No, uses No, uses No, uses
max 1du/20ac

RR No, max
Yes No, uses No, uses No, uses No, uses No, uses No, uses No, uses
max 1du/4ac density

RMU No, max

Yes No, uses No, uses No, uses No, uses No, uses No, uses No, uses
max 2du/ac density

LDR No, max No, max

Yes No, uses No, uses No, uses No, uses No, uses No, uses
max 4du/ac density density

LDMU No, max No, max

Yes Yes No, uses No, uses No, uses No, uses No, uses
max 7du/ac density density

MDR No, max No, max

Yes Yes No, uses No, uses No, uses No, uses No, uses
max 10du/ac density density

HDR No, max No, max

Yes Yes No, uses No, uses No, uses No, uses No, uses
max 18du/ac density density

HDMU No, max No, max

Yes Yes Yes No, uses No, uses No, uses No, uses
max 25du/ac density density

Com No, max No, max

Yes Yes Yes No, res
No, uses No, uses No, uses
max 25du/ac density density use

HC/LI Use
FLU-restricted No, uses No, uses
dependent Yes Yes Yes No, uses No, uses No, uses
max 25du/ac

Ind No, uses No, uses No, uses No, uses No, uses Yes No, uses No, uses No, uses
No res allowed

Rec Yes Yes Yes Yes Yes No, uses Yes Yes No, uses
No res allowed

Con Yes Yes Yes Yes Yes Yes Yes Yes Yes
No res allowed

Pub No, uses No, uses No, uses No, uses No, uses Yes Yes No, uses No, uses
No res allowed

For every combination of mainland zoning district and FLU category represented by
the table, “Yes” indicates a zoning district that may be established to implement the
FLU. “No” indicates a zoning district that does not implement the FLU and may not
be established within the FLU, primarily for the inconsistency noted.
(Ord. No. 2015-56, § 1, 12-10-2015)

LDC 3:7
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Sec. 3-1.4 Allowed uses.
(a) Generally. The uses of land and structures are limited to those identified within the
applicable zoning district as “permitted uses” or “conditional uses,” and to their valid
accessory uses, unless other uses are secured through applicable vesting and
nonconformance or temporary use provisions of the LDC. Uses not so identified or
secured are prohibited, and the conducting of any prohibited use is a violation of the
LDC punishable as provided by law and ordinance. The burden is on the landowner,
not the county, to show that a use is allowed. Even when allowed, uses are subject
to the general development standards of Chapter 5 and the use and location
regulations established in Chapter 4.
(b) Conditional uses. The identification of a use as conditional within a zoning district
is an indication that, given certain existing or imposed conditions, the use may be
appropriate for some locations in that district. The appropriateness of the use is
determined through discretionary county review of an applicant’s demonstration that
specific conditions will assure compatibility with surrounding uses. Conditions
applicable to all conditional uses are established in the conditional use process
provisions of Chapter 2. Additional conditions applicable to a specific use may be
established by the LDC where the conditional use is established.
(c) Accessory uses and structures. Uses and structures accessory to permitted uses
and approved conditional uses are allowed as prescribed by the supplemental use
regulations of Chapter 4 unless otherwise prohibited by the applicable zoning
district. Where more than one zoning district applies to a parcel, an accessory use
or structure may not be established in one zoning district to serve a primary use in
the other district if the principal use is not allowed in the district in which the
accessory use is located.
(d) Single-family dwellings and lots of record. A single-family dwelling is a
vested and conforming principal use on any existing lot of record within any
zoning district and future land use category, regardless of applicable density,
available lot access, and lot width along any street right-of-way. A single-family
dwelling may be authorized for construction on a lot of record in compliance with
all remaining applicable requirements of the LDC. Additionally, where a lot of
record is completely divided by and along the boundary of an existing public
right-of-way, the two separate areas of the lot may each be authorized for a
single-family dwelling, regardless of density, lot width, and whether the two
areas are retained in common ownership.
(e) Mix of uses. Unless clearly indicated otherwise in the LDC, the identification of
multiple permitted or conditionally permitted uses within a zoning district allows any
mix of those uses within an individual development, parcel, or building, regardless of
any designation or other characterization of the district as mixed-use. A mix of uses
generally does not modify the development standards and regulations applicable to
any individual use within the mix.
(f) Classifying uses. Classifying a particular land use is the discretionary process of
determining whether the use is one already identified in the LDC as allowed by right
(permitted use) or by special approval (conditional use).

Supp. 13

LDC 3:8
 (1) Information. The Planning Official, or Board of Adjustment (BOA) on appeal,
shall obtain the information necessary to accurately classify a use. At a
minimum, the applicant shall describe in writing the nature of the use and the
county shall utilize public records, site investigations and other reliable sources of
information, including the Land-Based Classification Standards of the American
Planning Association and the North American Industry Classification System
(NAICS) of the U.S. Department of Commerce.
(2) Rules for classification. Classifying a use is not specific to any individual site,
project or applicant, but shall be appropriate and valid for all occasions of the
use. Use classification shall be guided by Chapter 1 provisions for interpreting
the LDC and the following rules:
a. If a use is defined in the LDC, that definition shall be applied to the
classification.
b. The reviewing authority shall not read an implied prohibition of a particular
use into a classification.
c. Classification is limited to giving meaning to the uses already allowed within
the applicable zoning district. No policy determinations shall be made on
what types of uses are appropriate within the district.
d. When the use regulations are ambiguous, the purpose and intent of the
zoning district and the nature of the uses allowed within it shall be considered.
e. Classification is not based on the proximity of the proposed use to other uses.
f. The use or activity determines the classification, not property ownership,
persons carrying out the use or activity, or other illegitimate considerations.
g. Generally, the function rather than the form of a structure is relevant to its
classification.
(3) Determinations. All classifications determined by the Planning Official shall be
recorded to ensure consistency with future classifications. A use not determined
to be one specifically identified in the LDC as permitted or conditionally permitted
may be proposed to the Planning Board for consideration of subsequent zoning
district use amendment.
(g) Temporary uses and structures. Temporary uses and structures are allowed as
prescribed by the supplemental use regulations of Chapter 4 unless otherwise
modified or prohibited by the applicable zoning district.
(h) Outdoor storage. Outdoor storage is allowed as prescribed by the supplemental
use regulations of Chapter 4 unless modified or prohibited by the applicable zoning
district.
(i) Subdivision. The subdivision of land to accommodate the permitted uses or
approved conditional uses of the applicable zoning district is allowed as prescribed
by the standards of Chapter 5 unless otherwise prohibited by the district.
(j) Compassionate use of low-THC cannabis. Section 381.986, Florida Statutes
(2014), and Florida Administrative Code Chapter 64-4 authorize a limited number of
dispensing organizations throughout the State of Florida to cultivate, process, and
dispense low-tetrahydrocannabinol (low-THC) cannabis for use by qualified patients.

LDC 3:9
Supp13
 The dispensing organizations must be approved by the Florida Department of Health
and, once approved, are subject to state regulation and oversight.

(1) Intent. The intent of this article is to establish the criteria for the location and
permitting of facilities that dispense low-THC cannabis by State authorized
dispensing organizations in accordance with Section 381.986, Florida Statutes
(2014) and Florida Administrative Code Chapter 64-4.

(2) Applicability. The provisions of this section shall be applicable in the

unincorporated areas of Escambia County. This section shall only be construed to
allow the dispensing of low-THC cannabis by a state-approved dispensing
organization for medical use. The sale of cannabis or marijuana is prohibited in
Escambia County except in accordance with this provision.
This provision does not exempt a person from prosecution in any criminal offense
related to impairment or intoxication resulting from the medical use of low-THC
cannabis or medical cannabis or relieve a person from any requirement under law to
submit to a breath, blood, urine, or other test to detect the presence of a controlled
substance.
(Ord. No. 2017-5, § 1, 1-5-2017; Ord. No. 2017-27, § 1, 5-4-2017)

Sec. 3-1.5 Site and building requirements.

(a) Generally. Each zoning district establishes its own site and building requirements
which define physical limits to the development of district parcels. These
requirements, in combination with other district provisions, the use and location
regulations of Chapter 4, and the general development standards of Chapter 5,
define the limits for all development within the district.
(b) Modifications. Except as may be authorized in this article for the clustering of
dwelling units, modifications to the strict application of site and building requirements
may only be granted according to the compliance review processes prescribed in
Chapter 2, and only if not excluded by other provisions of the LDC.
(c) Street frontage. For the application of site and building requirements and other
LDC provisions to any lot with no street frontage the Planning Official shall
determine a front lot line in consideration of lot orientation, access, and other
relevant conditions. The Planning Official shall also determine the appropriate rear
lot line for any lot with multiple street frontages.
(d) Density. The number of dwelling or lodging units allowed within a parcel is
determined by the product of the total (gross) development parcel area and the
maximum density allowed by the applicable zoning district. When the calculated
number of allowable units for a parcel result in a fraction greater than or equal to 0.5
units, rounding up to the next whole unit is permitted. However, in the division of an
existing lot of record for two single-family lots, the product of the area and density for
each proposed lot shall be at least one dwelling unit without rounding, unless the lots
are created by the division of an existing public right-of-way. Regardless of the
maximum density allowed, each lot of record is vested for a single-family dwelling as
established in the preceding section.

LDC 3:10
Supp13
(e) Lot width and area. All new lots shall provide the minimum width and area required
by the applicable zoning, except that parcels created for public utilities or preserved
for recreation, conservation, or open space need only have width sufficient for
access to that limited use. Any existing lot of record that contains less width or area
than required by the applicable zoning district may be used for any use allowed
within that district if the use complies with all other applicable regulations, including
buffering and use-specific minimum lot area.
(f) Lot coverage. The maximum amount of impervious and semi-impervious coverage
allowed for any lot is established by the minimum percent pervious lot coverage
required by the applicable zoning district. The amount allowed by zoning remains
subject to other limitations of the LDC and any approved stormwater management
plan for the lot.
(g) Setbacks and yards. The minimum setbacks and yards for structures are those
required by the applicable zoning district or as otherwise may be stipulated in SRIA
lease agreements for lands on Pensacola Beach.
(1) Nonconformance. For a structure that is nonconforming with regard to any
zoning required setback, a structural alteration, enlargement, or extension to it
that creates no greater encroachment by distance into the substandard setback
is not considered an increase in nonconformance and does not require a
variance.
(2) Accessory structures. Accessory structures shall be limited to side and rear
yards and be at least five feet from any interior side or rear lot line except where
specifically allowed as encroachments. Accessory dwellings shall be limited to
the setbacks required for the principal dwelling.
(3) Distance between dwellings. Where the applicable zoning district allows more
than one dwelling on a single lot, the minimum horizontal distance between such
dwellings shall not be less than twice the side yard distance required by the
district, and the minimum distance between any structures shall not be less than
the minimum required by the Florida Building Code.
(4) Encroachments by building features. Every part of a required yard shall be
open from its lowest point to the sky, unobstructed except for the ordinary
projection of sills, belt courses, cornices, buttresses, awnings, eaves and similar
building features. No such projection shall extend more than 24 inches into any
yard, except roof overhangs, awnings, outside stairways, and balconies which
may extend up to 48 inches into any yard provided the building setback is
otherwise at least 10 feet
(5) Encroachment of porch or terrace. An open, unenclosed and uncovered
paved terrace or a covered porch may extend into the required front yard no
more than 10 feet.
(h) Structure heights. The maximum structure heights allowed by the applicable
zoning district are modified by the following:
(1) Agricultural structures. Structures such as cotton gins, granaries, silos, and
windmills associated with permitted agricultural uses may exceed the district
LDC 3:11
 height limits if not in conflict with any applicable airport or airfield height
restrictions.
(2) Rooftop structures. The district height limits do not apply to belfries, chimneys,
church spires, cooling towers, elevator bulkheads, flag poles, television reception
antennae, roof-mounted tanks, mechanical equipment rooms, or similar rooftop
structures that comply with all of the following conditions:
a. They do not separately or in combination with other rooftop structures exceed
10 percent of the horizontal roof area.
b. They do not exceed applicable airport or airfield height restrictions.
c. They do not exceed otherwise applicable height limitations by more than 15
feet or 10 percent of actual building height, whichever is greater.
(Ord. No. 2017-27, § 1, 5-4-17; Ord. No. 2017-27, § 1, 5-4-2017; Ord. No. 2017-62,§ 1, 11-2-2017)

Sec. 3-1.6 Compatibility.

(a) Generally. Zoning districts provide the primary means to establish and maintain the
necessary balance between the needs and interests of different land uses, allowing
neighboring uses to coexist successfully in a stable fashion over time, protecting the
investments in each. Although zoning separates generally incompatible
development, inclusion as a permitted use within a district does not alone ensure
compatibility with other district uses.
(b) Location criteria. Location criteria are established within some zoning districts to
promote compatibility among uses, especially new non-residential uses in relation to
existing residential uses. Most criteria are designed to create smooth transitions of
use intensity from large-scale concentrations of general commercial uses near major
street intersections to small-scale dispersed neighborhood commercial uses in
proximity to residential areas. Such transitions prevent the adverse impacts of
continuous strip commercial development along major streets and avoid negative or
blighting influences of some commercial uses on adjacent residential
neighborhoods.
(1) Intersection distance. Any distance from a street intersection that is required
by location criteria shall be measured along the street right-of-way that forms the
frontage of the subject parcel to the nearest point of intersection with the other
street right-of-way. A proposed use or rezoning of a parcel will be considered in
compliance with the required distance where at least 75 percent of the parcel
frontage is within the required distance.
(2) Local streets as collectors. For the purposes of location criteria only, and on a
case-by-case basis, a local street not classified by the Florida Department of
Transportation as a collector street may be designated by the County Engineer
as a collector if all of the following conditions exist for the applicable street
segment:
a. Twenty-two foot width of pavement (two lanes) or more.
b. Posted speed limit of 35 mph or more.
c. Signalized intersection on the segment or at its termini.
d. Connection to a collector or arterial street.
e. Average Annual Daily Traffic at least 1500 vehicles.

LDC 3:12
(c) Other measures. In addition to the location criteria of the zoning districts,
landscaping, buffering, and screening may be required to protect lower intensity
uses from more intensive uses, such as residential from commercial or commercial
from industrial. Buffers may also be required to protect natural resources from
intrusive activities and negative impacts of development such as trespass, pets,
vehicles, noise, lights, and stormwater.

Sec. 3-1.7 Clustering dwelling units.

(a) Purpose. Where the presence of wetlands, floodways, and other protected
resources reduces the developable area of a parcel and thereby physically
constrains the number of dwelling units practical to develop within the parcel, site
and building requirements of the applicable zoning district may be modified as
prescribed in this section. The modifications are approved through the applicable
site plan or subdivision review process and are intended to provide modest relief for
the clustering of dwelling units outside of protected resources. Modifications are not
intended to compensate for all parcel development limitations from on-site
resources, nor do they guarantee the same residential density that may be
developable within a parcel of equivalent area having no protected resources.
(b) Eligible areas. The provisions of this section apply to all areas of the county except
Perdido Key and Pensacola Beach, the Airfield Influence Planning Districts (AIPDs)
as defined in Article 4 of Chapter 4, and any other areas that may be specifically
excluded by the LDC. Additionally, the adopted provisions of the Escambia County
Mid-West Optional Sector Plan prevail for any development subject to that plan.
(c) Eligible development. The provisions of this section apply to any dwelling units,
attached or detached, within any proposed predominantly residential development
allowed by the applicable zoning and on contiguous lands under unified control as
these terms are defined in Chapter 6.
(d) Eligible resources. The provisions of this section apply to those resources
identified by the county as protected and imposing sufficient constraints within
proposed development to support dwelling unit clustering. For these purposes,
sufficient development constraints are presumed to exist when the total area of
those resources comprise no less than 15 percent of the gross development parcel
area and one or more eligible resources comprises a contiguous area of no less
than 10 percent of the parcel area. The following resources are eligible under the
preservation conditions noted:
(1) Wetlands and habitat. For wetlands or the habitat of threatened or endangered
species, as defined for the natural resources regulations in Chapter 4, 100
percent of the resource area shall remain undisturbed and preserved as
prescribed in the environmental provisions of the DSM. However, a portion of
the resource area may be used for necessary access to developable non-
resource area, provided no less than 90 percent of the resource area is
undisturbed and preserved. Additionally, the platting of lots must be entirely
outside of the wetlands and habitat, including any required buffers.

LDC 3:13
Supp. 13
 (2) Floodways. For a floodway, as defined for the floodplain management
regulations in Chapter 4, the platting of lots and all other development must be
entirely outside of the floodway.
(3) Prime farmland. For prime farmland, as defined in Chapter 6, the platting of lots
and all other development must be entirely outside of the prime farmland.
Additionally, any subdivision shall designate the resource area on the plat for
agricultural or undeveloped open space use.
(4) Historical resources. For historical or archeological resources, as defined for
those resource regulations in Chapter 4, the platting of lots and all other
development must be entirely outside of the resource areas. Additionally, the
sites and artifacts of the resources shall be protected by the dedication of a
perpetual conservation easement for their preservation, or by the donation of
land to a public agency approved by the county for the preservation of resources
with known historical or archaeological value.
(e) Eligible modifications. The provisions of this section apply to modifications of
specific site and building requirements of the applicable zoning district. They do not
modify any mitigation requirements for impacts to protected resources. The
maximum number of dwelling units available within a development remains the
product of the gross development parcel area and the maximum density of the
district, but the following requirements may be modified within the stated limits:
(1) Lot width. Except within the LDR zoning district, the minimum lot width may be
reduced by up to 10 percent, but to no less than 20 feet for cul-de-sac lots and
40 feet for all other lots.
(2) Front and rear setbacks. The minimum front structure setback may be reduced
to 20 feet and the minimum rear setback may be reduced to 15 feet.
(3) Side setbacks. The minimum side structure setbacks may be reduced by up to
10 percent, but to no less than five feet.
(4) Distance between dwellings. The minimum distance between dwellings on the
same parcel, prescribed in this article as twice the minimum side structure
setback, may be reduced by up to 10 percent of the unmodified side setback of
the zoning district and subject to any prevailing structure separation requirements
of the Florida Building Code.
(Ord. No. 2017-62, § 1,11-2-17)

Supp 13

LDC 3:14
Summary of zoning categories relating to Borrow Pits and Reclamation Activities
Zoning Borrow Pit Reclamation
District Activities
Agr P1 P1
RR CU CU
RMU P1 * P1 *
LDR X X
MDR X X
HDR X X
HDMU X X
LDMU X X
Com CU * CU *
HC/LI CU * CU *
Ind CU CU
REC X X
CON X X
Pub P P

LEGEND:
P- PERMITTED
P1- PERMITTED ONLY IF 20 ACRES OR MORE
CU- CONDITIONAL USE 20 ACRES OR MORE
X- NOT PERMITTED
If located under AIPD a Conditional Use will be
required
*refer to specific zoning category for detailed
provisions

Sec. 3-1.8 Density and uses savings clause.

(a) General. The owner of any parcel of land that had the residential density of its applicable
zoning district decreased or had permitted land uses of that district eliminated as a result
of the April 16, 2015 adoption of the LDC, may apply to have the previous residential
density or permitted land uses reinstated. Only residential density and permitted land
uses listed on the date of adoption shall be eligible for reinstatement pursuant to this
section. Applications shall be approved, unless reinstating the previous residential
density or land uses would cause the parcel’s density or uses to become inconsistent
with the existing applicable future land use (FLU) category. If the density or land uses
would become inconsistent with the existing applicable FLU, approval for reinstatement
shall be granted only after a FLU amendment consistent with the previous density and
uses has been approved and adopted according to the amendment provisions in Article
7 of Chapter 2. All applications for reinstatement and FLU amendments made pursuant
to this section shall be submitted to the Planning Official and processed at no cost to the
land owner.
(b) Applicability. This section is not intended to authorize density or land uses that are
otherwise limited by the LDC. These limitations include, but are not limited to, the
provisions of the overlay zoning districts, the airport/airfield environs, floodplain
management, or location criteria. (Ord. No. 2015-38, §1, 9-24-15, Ord. No. 2017-5, §, 1, 1-5-2017)

LDC 3:15
Article 2 Mainland Districts
Sec. 3-2.1 Purpose of article.
This article establishes the zoning districts that apply to all areas of the county under the
jurisdiction of the Board of County Commissioners (BCC), except Perdido Key and
Santa Rosa Island. Each district establishes its own permitted and conditional land
uses, site and building requirements, and other provisions consistent with the stated
purposes of the district. District provisions are subject to all other applicable provisions
of the LDC and may be modified by the requirements of overlay districts as prescribed
in Article 3.
Sec. 3-2.2 Agricultural district (Agr).
(a) Purpose. The Agricultural (Agr) district establishes appropriate areas and land use
regulations for the routine agricultural production of plants and animals, and such
related uses as silviculture and aquaculture. The primary intent of the district is to
avoid the loss of prime farmland to other uses, its division into smaller parcels of
multiple owners, and other obstacles to maintaining or assembling sufficient
agricultural acreage for efficient large-scale farming. Other than agricultural
production, non-residential uses within the Agricultural district are generally limited to
rural community uses that directly support agriculture, and to public facilities and
services necessary for the basic health, safety, and welfare of a rural population.
The absence of urban or suburban infrastructure is intentional. Residential uses
within the district are largely self-sustaining, consistent with rural land use and
limited infrastructure. Single-family dwellings are allowed at a very low density
sufficient for the needs of the district’s farm-based population.
(b) Permitted uses. Permitted uses within the Agricultural district are limited to the
following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured
home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached only.
Maximum single-family lot area within any proposed subdivision of 100 acres
or more of prime farmland shall be one and one-half acres.
See also conditional uses in this district.
(2) Retail sales.
a. Low-THC marijuana dispensing facilities. Where ancillary to cultivation or
processing, dispensing of low-THC marijuana shall also be permitted in the
Agr Zoning district
b. No other retail sales except as permitted agricultural and related uses in this
district.
(3) Retail services. No retail services except as permitted agricultural and related
uses or as conditional uses in this district.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic or fraternal.
c. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
LDC 3:16
 d. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
e. Funeral establishments.
f. Places of worship.
g. Public utility structures 150 feet or less in height, including
telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Golf courses, tennis centers, swimming pools, and similar active outdoor
recreational facilities, including associated country clubs.
c. Hunting clubs and preserves.
d. Marinas, private only.
e. Off-highway vehicle commercial recreation facilities on lots 20 acres or larger.
f. Parks without permanent restrooms or outdoor event lighting.
g. Passive recreational uses, including hiking and bicycling.
h. Shooting ranges.
See also conditional uses in this district.
(6) Industrial and related. Borrow pit and reclamation activities 20 acres minimum
and subject to local permit and development review requirements per Escambia
County Code of Ordinances, Part I, Chapter 42, article VIII, and land use
regulations in Part III, the Land Development Code, chapter 4.
(7) Agricultural and related.
a. Agriculture, including raising livestock, storing harvested crops, and
cultivation of nursery plants. A minimum of two acres for keeping any farm
animal on site and a maximum of one horse or other domesticated equine per
acre.
b. Agricultural processing, minor only.
c. Agricultural research or training facilities.
d. Aquaculture, marine or freshwater.
e. Farm equipment and supply stores.
f. Kennels and animal shelters on lots two acres or larger.
g. Produce display and sales of fruit, vegetables and similar agricultural
products. All structures for such uses limited to non-residential farm
buildings.
h. Silviculture.
i. Stables, public or private, on lots two acres or larger.
j. Veterinary clinics. A minimum two acres for boarding animals.
(8) Other uses. Airports, private only, including crop dusting services.

LDC 3:17
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the Agricultural district:
(1) Residential. Group living, limited to nursing homes, assisted living facilities,
hospice facilities, and other uses providing similar services, assistance, or
supervision.
(2) Retail services.
a. Bed and breakfast inns.
b. Medical clinics, including those providing out-patient surgery, rehabilitation,
and emergency treatment.
(3) Public and civic.
a. Cinerators.
b. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
c. Hospitals.
d. Offices for government agencies or public utilities.
e. Public utility structures greater than 150 feet in height, including
telecommunications towers, but excluding any industrial uses.
f. Warehousing or maintenance facilities for government agencies or public
utilities.
(4) Recreation and entertainment.
a. Canoe, kayak, and float rental facilities.
b. Parks with permanent restrooms or outdoor event lighting.
c. Zoos and animal parks.
(5) Industrial and related.
a. Mineral extraction, including oil and gas wells, not among the permitted uses
of the district.
b. Power plants.
c. Salvage yards, not including any solid waste facilities.
d. Solid waste collection points and transfer facilities.
e. Wastewater treatment plants.
(d) Site and building requirements. The following site and building requirements apply
to uses within the Agricultural district:
(1) Density. A maximum density of one dwelling unit per 20 acres.
(2) Floor area ratio. A maximum floor area ratio of 0.25 for all uses.
(3) Structure height. No maximum structure height unless prescribed by use.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum lot width of 100 feet at the street right-of-way for all lots.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses.

LDC 3:18
 (7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Forty feet in the front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. The following location criteria apply to uses within the Agricultural
district:
(1) Prime farmland. All new or expanded uses shall be located to avoid the loss of
prime farmland. Where such loss cannot be avoided, it shall be limited to five
acres or 10 percent of the development parcel area, whichever is greater.
(2) Non-residential uses. All non-residential uses shall be located to avoid
nuisance, hazard, and other adverse impacts to surrounding residential uses.
Retail sales and services shall be located along collector or arterial streets.
Industrial uses shall be on parcels that comply with the location criteria of the
Industrial (Ind) zoning district.
(f) Rezoning to Agr. Agricultural zoning may be established only within the Agriculture
(AG) and Rural Community (RC) future land use categories. The district is suitable
for prime farmland, agriculturally used or assessed areas, large tracts of open
space, woodlands, or fields, but not for areas with central sewer or highly developed
street networks. The district is appropriate to provide transitions between areas
zoned or used for conservation or outdoor recreation and areas zoned or used for
more intense uses. (Ord. No. 2017-5, §,2, 1-5-2017)

Sec. 3-2.3 Rural Residential district (RR).

(a) Purpose. The Rural Residential (RR) district establishes appropriate areas and
land use regulations for low density residential uses and compatible non-residential
uses characteristic of rural land development. The primary intent of the district is to
provide for residential development at greater density than the Agricultural district on
soils least valuable for agricultural production, but continue to support small-scale
farming on more productive district lands. The absence of urban and suburban
infrastructure is intentional. Residential uses within the RR district are largely self-
sustaining and generally limited to detached single-family dwellings on large lots,
consistent with rural land use and limited infrastructure. Clustering of smaller
residential lots may occur where needed to protect prime farmland from
non-agricultural use. The district allows public facilities and services necessary for
the basic health, safety, and welfare of a rural population, and other non-residential
uses that are compatible with agricultural community character.
(b) Permitted uses. Permitted uses within the RR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured
home parks or subdivisions.

LDC 3:19
 b. Single-family dwellings (other than manufactured homes), detached only, on
lots four acres or larger, or on lots a minimum of one acre if clustered to avoid
prime farmland.
See also conditional uses in this district.
(2) Retail sales. No retail sales except as permitted agricultural and related uses in
this district.
(3) Retail services. Bed and breakfast inns. No other retail services except as
permitted agricultural and related uses or as conditional uses in this district.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic or fraternal.
c. Educational facilities, K-12, on lots one acre or larger.
d. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
e. Funeral establishments.
f. Places of worship on lots one acre or larger.
g. Public utility structures 150 feet or less in height, excluding
telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
c. Marinas, private.
d. Parks without permanent restrooms or outdoor event lighting.
e. Passive recreational uses.
See also conditional uses in this district.
(6) Industrial and related. [Reserved]
(7) Agricultural and related.
a. Agriculture, including raising livestock, storing harvested crops, and
cultivation of nursery plants. A minimum of two acres for keeping any farm
animal on site and a maximum of one horse or other domesticated equine per
acre.
b. Aquaculture, marine or freshwater.
c. Farm equipment and supply stores.
d. Kennels and animal shelters on lots two acres or larger.
e. Produce display and sales of fruit, vegetables and similar agricultural
products. All structures for such use limited to non-residential farm buildings.
f. Silviculture.

LDC 3:20
 g. Stables, public or private, on lots two acres or larger.
h. Veterinary clinics. A minimum of two acres for boarding animals.
(8) Other uses. [Reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the RR district:
(1) Residential.
a. Group living, limited to nursing homes, assisted living facilities, hospice
facilities, and other uses providing similar services, assistance, or
supervision.
b. Manufactured (mobile) home parks on land zoned VR-1 prior to adoption of
RR zoning.
c. Two-family dwellings (duplex) and multi-family dwellings up to four units per
dwelling (triplex and quadruplex) on land zoned VR-1 prior to adoption of RR
zoning.
(2) Retail services. Medical clinics, including those providing out-patient surgery,
rehabilitation, and emergency treatment.
(3) Public and civic.
a. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
b. Educational facilities not among the permitted uses of the district.
c. Hospitals.
d. Offices for government agencies or public utilities.
e. Public utility structures greater than 150 feet in height, and
telecommunications towers of any height, excluding any industrial uses.
f. Warehousing or maintenance facilities for government agencies or public
utilities.
(4) Recreation and entertainment.
a. Hunting clubs and preserves.
b. Off-highway vehicle commercial recreation facilities on lots 20 acres or larger.
c. Parks with permanent restrooms or outdoor event lighting.
d. Shooting ranges.
(5) Industrial and related.
a. Borrow pit and reclamation activities 20 acres minimum and subject to local
permit and development review requirements per Escambia County Code of
Ordinances, Part I, Chapter 42, article VIII, and land use regulations in Part
III, the Land Development Code, chapter 4.
b. Mineral extraction, including oil and gas wells.
c. Power plants.
d. Salvage yards, not including any solid waste facilities.
e. Solid waste collection points and transfer facilities.
LDC 3:21
 f. Wastewater treatment plants.
(6) Other uses. Airports, private only, including crop dusting facilities.
(d) Site and building requirements. The following site and building requirements apply
to uses within the RR district:
(1) Density. A maximum density of one dwelling unit per four acres.
(2) Floor area ratio. A maximum floor area ratio of 0.25 for all uses.
(3) Structure height. No maximum structure height unless prescribed by use.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum lot width of 40 feet at the street right-of-way for cul-de-
sac lots and 100 feet at the street right-of-way for all other lots.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Forty feet in the front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Farm animal shelters. Stables or other structures for sheltering farm animals
shall be at least 50 feet from any property line and at least 130 feet from any
dwelling on adjacent property.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. The following location criteria apply to uses within the RR district:
(1) Prime farmland. All new or expanded uses shall be located to avoid the loss of
prime farmland. Where such loss cannot be avoided, it shall be limited to five
acres or 10 percent of the development parcel area, whichever is greater.
(2) Non-residential uses. All non-residential uses shall be located to avoid
nuisance, hazard and other adverse impacts to surrounding residential uses.
Retail sales and services shall be located along collector or arterial streets.
Industrial uses shall be on parcels that comply with the location criteria of the
Industrial (Ind) zoning district.
(f) Rezoning to RR. Rural Residential zoning may be established only within the Rural
Community (RC) future land use category. The district is suitable for rural areas not
used to support large farming operations due to economic viability, soil productivity,
surrounding development, or similar constraints. The district is appropriate to
provide transitions between areas zoned or used for agriculture, conservation, or
outdoor recreation and areas zoned or used for rural mixed-use or low density
residential.
(Ord. No. 2016-31, §1, 8-4-2016)

LDC 3:22
Sec. 3-2.4 Rural Mixed-use district (RMU).
(a) Purpose. The Rural Mixed-use (RMU) district establishes appropriate areas and
land use regulations for a mix of low density residential uses and compatible non-
residential uses within areas that have historically developed as rural or semi-rural
communities. The primary intent of the district is to sustain these communities by
allowing greater residential density, smaller residential lots, and a more diverse mix
of non-residential uses than the Agricultural or Rural Residential districts, but
continue to support the preservation of agriculturally productive lands. The RMU
district allows public facilities and services necessary for the health, safety, and
welfare of the rural mixed-use community, and other non-residential uses that are
compact, traditionally neighborhood supportive, and compatible with rural community
character. District communities are often anchored by arterial and collector streets,
but they are not characterized by urban or suburban infrastructure. Residential uses
are generally limited to detached single-family dwellings, consistent with existing
rural communities and limited infrastructure.
(b) Permitted uses. Permitted uses within the RMU district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured
home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached only, on
lots one half acre or larger.
See also conditional uses in this district.
(2) Retail sales. The following small-scale (gross floor area 6000 sq.ft. or less per
lot) retail sales with no outdoor storage:
a. Automotive fuel sales.
b. Convenience stores.
c. Drugstores.
d. Grocery or food stores, including bakeries and butcher shops whose products
are prepared and sold on the premises.
e. Hardware stores.
f. Low-THC marijuana dispensing facilities.
See also permitted agricultural and related uses and conditional uses in this
district.
(3) Retail services. The following small scale (gross floor area 6000 sq.ft. or less
per lot) retail services with no outdoor work or storage.
a. Bed and breakfast inns.
b. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners, and tattoo parlors.
c. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
d. Repair services, including motor vehicle repair, appliance repair, furniture
refinishing and upholstery, watch and jewelry repair, and small engine and
motor services.

LDC 3:23
 e. Restaurants, excluding on-premises consumption of alcoholic beverages and
drive-in or drive-through service.
See also permitted agricultural and related uses and conditional uses in this
district.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic or fraternal.
c. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational
schools, on lots one acre or larger.
e. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
f. Funeral establishments.
g. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
h. Places of worship on lots one acre or larger.
i. Public utility structures 150 feet or less in height, excluding
telecommunications towers.
See also, conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
c. Marinas, private only.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. Borrow pit and reclamation activities 20 acres minimum
and subject to local permit and development review requirements per Escambia
County Code of Ordinances, Part I, Chapter 42, article VIII, and location and use
regulation Part III, the Land Development Code, chapter 4. *Borrow pits require
conditional use on land zoned RR prior to the adoption of the RMU zoning.
(7) Agricultural and related.
a. Agriculture, including raising livestock, storing harvested crops, and
cultivation of nursery plants. A minimum of two acres for keeping any farm
animal on site and a maximum of one horse or other domesticated equine per
acre.
b. Agricultural research or training facilities.
c. Aquaculture, marine or freshwater.
d. Farm equipment and supply stores.

LDC 3:24
 e. Produce display and sales of fruit, vegetables and similar agricultural
products.
f. Silviculture.
g. Stables, public or private, on lots two acres or larger.
h. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.
(8) Other uses.
a. Airports, private only, including crop dusting facilities.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the RMU district:
(1) Residential.
a. Group living, limited to nursing homes, assisted living facilities, hospice
facilities, and other uses providing similar services, assistance, or
supervision.
b. Manufactured (mobile) home parks.
c. Two-family dwellings (duplex).
(2) Retail sales. Small-scale (gross floor area 6000 sq. ft. or less per lot)retail sales
not among the permitted uses of the district, including outdoor display of
merchandise, but excluding sales of liquor or motor vehicles.
(3) Retail services.
a. Boarding or rooming houses.
b. Medical clinics, including those providing out-patient surgery, rehabilitation,
and emergency treatment.
(4) Public and civic.
a. Cinerators.
b. Hospitals.
c. Offices for government agencies or public utilities with greater floor area than
those among the permitted uses of the district.
d. Public utility structures greater than 150 feet in height, and
telecommunications towers of any height, excluding any industrial uses.
e. Warehousing or maintenance facilities for government agencies or public
utilities.
(5) Recreation and entertainment.
a. Hunting clubs and preserves.
b. Off-highway vehicle commercial recreation facilities on lots 20 acres or larger.
c. Shooting ranges.
(6) Industrial and related.
a. Mineral extraction, including oil and gas wells not among the permitted uses
in the district.
LDC 3:25
 b. Power plants.
c. Salvage yards, not including any solid waste facilities.
d. Solid waste collection points and transfer facilities.
e. Wastewater treatment plants.
(7) Agricultural and related.
a. Exotic animals, keeping or breeding.
b. Kennels not interior to veterinary clinics.
(d) Site and building requirements. The following site and building requirements apply
to uses within the RMU district:
(1) Density. A maximum density of two dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 0.25 for all uses.
(3) Structure height. No maximum structure height unless prescribed by use.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum lot width of 40 feet at the street right-of-way for cul-de-
sac lots and 100 feet at the street right-of-way for all other lots.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Forty feet in the front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Farm animal shelters. Stables or other structures for sheltering farm
animals shall be at least 50 feet from any property line and at least 130 feet
from any dwelling on the property of another landowner.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. The following location criteria apply to uses within the RMU
district:
(1) Prime farmland. All new or expanded uses shall be located to avoid the loss of
prime farmland. Where such loss cannot be avoided, it shall be limited to five
acres or 10 percent of the development parcel area, whichever is greater.
(2) Non-residential uses. All new non-residential uses shall be located to avoid
nuisance, hazard and other adverse impacts to surrounding residential uses.
Industrial uses shall be on parcels that comply with the location criteria of the
Industrial (Ind) zoning district. All other non-residential uses that are not part of a
predominantly residential development or a planned unit development, or are not
specifically identified as exempt by district regulations, shall be on parcels that
comply with at least one of the following location criteria:

LDC 3:26
 a. Proximity to intersection. Along an arterial or collector street, and within
200 feet of an intersection with another arterial or collector.
b. Proximity to traffic generator. Along an arterial or collector street and
within a one-quarter mile radius of an individual traffic generator of more than
600 daily trips, such as an apartment complex, military base, college campus,
hospital, shopping mall, or industrial plant.
c. Infill development. Along an arterial or collector street, in an area where
already established non-residential uses are otherwise consistent with the
RMU district, and where the new use would constitute infill development of
similar intensity as the conforming development on surrounding parcels.
Additionally, the location would promote compact development and not
contribute to or promote strip commercial development.
d. Site design. Along an arterial street at the intersection with a local street that
connects the arterial street to another arterial, and all of the following site
design conditions:
1. Any intrusion into a recorded residential subdivision is limited to a corner
lot.
2. Access and stormwater management is shared with adjoining uses or
properties to the extent practicable.
3. Adverse impacts to any adjoining residential uses are minimized by
placing the more intensive elements of the use (solid waste dumpsters,
truck loading/unloading areas, drive-thru facilities, etc.) furthest from the
residential uses.
e. Documented compatibility. A compatibility analysis prepared by the
applicant provides competent substantial evidence of unique circumstances
regarding the parcel or use that were not anticipated by the alternative
location criteria, and the proposed use will be able to achieve long-term
compatibility with existing and potential uses. Additionally, the parcel has not
been rezoned by the landowner from mixed-use, commercial, or industrial
zoning assigned by the county.
Rezoning to RMU. Rural Mixed-use zoning may be established only within the
Rural Community (RC) future land use category. The district is suitable for
recognized rural communities, especially those developed around intersections of
higher classification streets and in areas that are generally not agriculturally
productive. The district is appropriate to reinforce the value of existing rural
communities in serving surrounding areas and minimizing the need to travel long
distances for basic necessities. Rezoning to RMU is subject to the same location
criteria as any new non-residential use proposed within the RMU district. (Ord. No. 2016-
31, §1, 8-4-2016; Ord. No. 2017-5, §, 2, 1-5-2017)

Sec. 3-2.5 Low Density Residential district (LDR).

(a) Purpose. The Low Density Residential (LDR) district establishes appropriate areas
and land use regulations for residential uses at low densities within suburban areas.
The primary intent of the district is to provide for large-lot suburban type residential
neighborhood development that blends aspects of rural openness with the benefits
of urban street connectivity, and at greater density than the Rural Residential district.

LDC 3:27
 Residential uses within the LDR district are predominantly detached single-family
dwellings. Clustering dwellings on smaller residential lots may occur where needed
to protect prime farmland from non-agricultural use or to conserve and protect
environmentally sensitive areas. The district allows non-residential uses that are
compatible with suburban residential neighborhoods and the natural resources of the
area.
(b) Permitted uses. Permitted uses within the LDR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes only within existing manufactured home parks
or subdivisions, or on land zoned SDD prior to adoption of LDR zoning. No
new or expanded manufactured home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached and only
one per lot, excluding accessory dwellings. Accessory dwellings only on lots
two acres or larger. Attached single-family dwellings and zero lot line
subdivision only on land zoned V-5 or SDD prior to adoption of LDR zoning.
c. Two-family dwellings and multi-family dwellings up to four units per dwelling
(triplex and quadruplex) only on land zoned V-5 or SDD prior to adoption of
LDR zoning.
See also conditional uses in this district.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services.
(4) Public and civic.
a. Cemeteries, family only.
b. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private only.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. On land not zoned SDD prior to adoption of LDR
zoning, agricultural production and storage is limited to food primarily for
personal consumption by the producer. The following additional agricultural uses
are allowed on lands zoned SDD prior to LDR zoning:
a. Agriculture, but no farm animals except horses and other domesticated
equines kept on site, and stables for such animals, accessory to a private
residential use with a minimum lot area of two acres and a maximum of one
animal per acre.

LDC 3:28
 b. Aquaculture, marine or freshwater.
c. Produce display and sales of fruit, vegetables and similar agricultural
products.
d. Silviculture.
See also conditional uses in this district.
(8) Other uses. [reserved].
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the LDR district:
(1) Residential.
a. Accessory dwellings on lots less than two acres.
b. Home occupations with non-resident employees.
(2) Public and civic.
a. Clubs, civic and fraternal.
b. Educational facilities, excluding preschools or kindergartens independent of
other elementary grades.
c. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
d. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
e. Places of worship.
f. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.
(3) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks with permanent restrooms or outdoor event lighting.
(4) Agricultural and related. Horses and other domesticated equines kept on site,
and stables for such animals, as a private residential accessory not among the
permitted uses of the district, or for public riding on land zoned SDD prior to
adoption of LDR zoning. A minimum lot area of two acres if accessory to a
private residential use and a minimum 10 acres if for public riding, with a
maximum of one animal per acre for either use.
(d) Site and building requirements. The following site and building requirements apply
to uses within the LDR district:
(1) Density. A maximum density of four dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.

LDC 3:29
 (3) Structure height. A maximum structure height of 45 feet. See height definition.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum lot width of 20 feet at the street right-of-way for cul-de-
sac lots and 60 feet at the street right-of-way for all other lots.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in the front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Horse shelters. Stables or other structures for sheltering horses or other
domesticated equines shall be at least 50 feet from any property line and at
least 130 feet from any dwelling on the property of another landowner.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All non-residential uses within the LDR district shall be located to
avoid nuisance, hazard and other adverse impacts to surrounding residential uses.
Rezoning to LDR. Low Density Residential zoning may be established only within
the Mixed-Use Suburban (MU-S) future land use category. The district is suitable for
suburban areas with or without central water and sewer. The district is appropriate
to provide transitions between areas zoned or used for rural residential or rural
mixed-use and areas zoned or used for low density mixed-use or medium density
residential. (Ord. No. 2015-44, § 1, 10-8-2015; Ord. No. 2015-51 § 1, 11-5-2015; (Ord. No. 2016-31, §1, 8-4-
2016; Ord. No. 2017-20, § 1, 4-6-2017)

Sec. 3-2.6 Low Density Mixed-use district (LDMU).

(a) Purpose. The Low Density Mixed-use (LDMU) district establishes appropriate
areas and land use regulations for a complementary mix of low density residential
uses and compatible non-residential uses within mostly suburban areas. The
primary intent of the district is to provide for a mix of neighborhood-scale retail sales,
services and professional offices with greater dwelling unit density and diversity than
the Low Density Residential district. Additionally, the LDMU district is intended to
rely on a pattern of well-connected streets and provide for the separation of
suburban uses from more dense and intense urban uses. Residential uses within
the district include most forms of single-family, two-family and multi-family dwellings.
(b) Permitted uses. Permitted uses within the LDMU district are limited to the following:
(1) Residential.

LDC 3:30
 a. Manufactured (mobile) homes within manufactured home parks or
subdivisions, including new or expanded manufactured home parks and
subdivisions.
b. Single-family dwellings (other than manufactured homes), attached or
detached, including townhouses and zero lot line subdivisions.
c. Two-family dwellings (duplex) and multi-family dwellings up to four units per
building (triplex and quadruplex).
See also conditional uses in this district.
(2) Retail sales. Small-scale (gross floor area 6000 sq. ft. or less per lot) retail
sales, or retail sales within a neighborhood retail center no greater than 35,000
square feet per lot and containing a mix of retail sales and services. Retail sales
including Low-THC marijuana dispensing facilities, sales of beer and wine, but
excluding sales of liquor or motor vehicles, and exclude permanent outdoor
storage, display, or sales. See also conditional uses in this district.
(3) Retail services. Small-scale (gross floor area 6000 sq. ft. or less per lot) retail
services, or retail services within a neighborhood retail center no greater than
35,000 square feet per lot and containing a mix of retail sales and services.
Retail services are limited to the following with no outdoor work or permanent
outdoor storage:
a. Bed and breakfast inns.
b. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners, and tattoo parlors.
c. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
d. Repair services, including appliance repair, furniture refinishing and
upholstery, watch and jewelry repair, small engine and motor services, but
excluding major motor vehicle or boat service or repair.
e. Restaurants, including on-premises consumption of alcohol, but excluding
drive-in or drive-through service.
See also conditional uses in this district.
(4) Public and civic.
a. Cemeteries, including family cemeteries
b. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
c. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
d. Funeral establishments.
e. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).

LDC 3:31
 f. Places of worship.
g. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private only.
b. Parks without permanent restrooms or outdoor event lighting.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. Veterinary clinics, excluding outside kennels.
Agricultural production limited to food primarily for personal consumption by the
producer, but no farm animals.
(8) Other uses. [reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the LDMU district:
(1) Residential.
a. Group living, including nursing homes, assisted living facilities, dormitories
and residential facilities providing substance abuse treatment and post-
incarceration reentry.
b. Manufactured (mobile) homes outside manufactured home parks or
subdivisions.
(2) Retail sales.
a. Liquor sales.
b. Medium-scale(gross floor area greater than 6000 sq. ft. per lot, but no greater
than 35,000 sq. ft.) retail sales, excluding sales of motor vehicles and
excluding permanent outdoor storage, sales, or display.
(3) Retail services.
a. Medium-scale (gross floor area greater than 6000 sq. ft. per lot, but no
greater than 35,000 sq. ft.) retail services, excluding outdoor work and
permanent outdoor storage.
b. Restaurants with drive-in or drive-through service.
(4) Public and civic.
a. Clubs, civic and fraternal.
b. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
c. Offices for government agencies or public utilities, with gross floor area
greater than 6000 square feet.

LDC 3:32
 d. Public utility structures exceeding the district structure height limit, and
telecommunications towers of any height, excluding any industrial uses.
e. Warehousing or maintenance facilities for government agencies or public
utilities.
(5) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks with permanent restrooms or outdoor event lighting.
(6) Other uses. Self-storage facilities with a maximum lot area of one acre and no
vehicle rental or outdoor storage.
(d) Site and building requirements. The following site and building requirements apply
to uses within the LDMU district:
(1) Density. A maximum density of seven dwelling units per acre regardless of the
future land use category.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the MU-S future land
use category and 2.0 within MU-U.
(3) Structure height. A maximum structure height of 45 feet. See height definition.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Eighty feet at the street right-of-way for two-family dwellings.
c. Multi-family and other. Eighty feet at the street right-of-way for multi-family
dwellings and townhouse groups. No minimum lot width required by zoning
for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 25 percent (75 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and 15 feet in the rear.
b. Sides. Ten feet on each side of a group of attached townhouses. On each
side of all other structures, five feet or 10 percent of the lot width at the street
right-of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.

LDC 3:33
(e) Location criteria. All new non-residential uses proposed within the LDMU district
that are not part of a predominantly residential development or a planned unit
development, or are not identified as exempt by district regulations, shall be on
parcels that satisfy at least one of the following location criteria:
(1) Proximity to intersection. Along an arterial or collector street, and within 200
feet of an intersection with another arterial or collector.
(2) Proximity to traffic generator. Along an arterial or collector street and within a
one-quarter mile radius of an individual traffic generator of more than 600 daily
trips, such as an apartment complex, military base, college campus, hospital, or
shopping mall.
(3) Infill development. Along an arterial or collector street, in an area where
already established non-residential uses are otherwise consistent with the LDMU
district, and where the new use would constitute infill development of similar
intensity as the conforming development on surrounding parcels. Additionally,
the location would promote compact development and not contribute to or
promote strip commercial development.
(4) Site design. Along an arterial street and at the intersection with a local street
that serves to connect the arterial street to another arterial, and all of the
following site design conditions:
a. Any intrusion into a recorded residential subdivision is limited to a corner lot
b. Access and stormwater management is shared with adjoining uses or
properties to the extent practicable.
c. Adverse impacts to any adjoining residential uses are minimized by placing
the more intensive elements of the use (solid waste dumpsters, truck
loading/unloading areas, drive-thru facilities, etc.) furthest from the residential
uses.
(5) Documented compatibility. A compatibility analysis prepared by the applicant
provides competent substantial evidence of unique circumstances regarding the
parcel or use that were not anticipated by the alternative location criteria, and the
proposed use will be able to achieve long-term compatibility with existing and
potential uses. Additionally, that the following conditions exist:
a. The parcel has not been rezoned by the landowner from mixed-use,
commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment area, the use will be consistent
with the area’s adopted redevelopment plan, as reviewed and recommended
by the Community Redevelopment Agency (CRA).
(f) Rezoning to LDMU. Low Density Mixed-use zoning may be established only within
the Mixed-Use Suburban (MU-S) and Mixed-Use Urban (MU-U) future land use
categories. The district is suitable for suburban or urban areas with central water and
sewer and developed street networks. The district is appropriate to provide
transitions between areas zoned or used for low or medium density residential and
areas zoned or used for high density mixed-use. Rezoning to LDMU is subject to the

LDC 3:34
 same location criteria as any new non-residential use proposed within the LDMU
district. ( Ord. No. 2015-44, § 2, 10-8-2015;Ord. No. 2016-31 § 1, 8-4-2016; Ord. No. 2017-5, §,2, 1-5-2017)

Sec. 3-2.7 Medium Density Residential district (MDR).

(a) Purpose. The Medium Density Residential (MDR) district establishes appropriate
areas and land use regulations for residential uses at medium densities within
suburban or urban areas. The primary intent of the district is to provide for
residential neighborhood development in an efficient urban pattern of well-connected
streets and at greater dwelling unit density than the Low Density Residential district.
Residential uses within the MDR district are limited to single-family and two-family
dwellings. The district allows non-residential uses that are compatible with suburban
and urban residential neighborhoods.
(b) Permitted uses. Permitted uses within the MDR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes only within manufactured home parks or
subdivisions. No new or expanded manufactured home parks, and new or
expanded manufactured home subdivisions only on land zoned V-4 prior to
adoption of MDR zoning.
b. Single-family dwellings (other than manufactured homes), detached and only
one per lot, excluding accessory dwellings. Accessory dwellings only on lots
one acre or larger. Attached single-family dwellings and zero lot line
subdivisions only on land zoned R-3 or V-4 prior to adoption of MDR zoning.
c. Two-family dwellings only on land zoned R-3 or V-4 prior to adoption of MDR
zoning, and multi-family dwellings up to four units per dwelling (quadruplex)
only on land zoned V-4 prior to MDR zoning.
See also conditional uses in this district.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services. See conditional uses in this district.
(4) Public and civic. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. Agricultural production limited to food primarily for
personal consumption by the producer, but no farm animals. See also
conditional uses in this district.
(8) Other uses. [reserved]

LDC 3:35
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the MDR district:
(1) Residential.
a. Accessory dwellings on lots less than one acre.
b. Group living, excluding residential facilities providing substance abuse
treatment, post-incarceration reentry, or similar services.
c. Home occupations with non-resident employees.
d. Townhouses not among the permitted uses of the district.
(2) Retail services. Boarding and rooming houses.
(3) Public and civic.
a. Clubs, civic and fraternal.
b. Educational facilities, excluding preschools or kindergartens independent of
other elementary grades.
c. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
d. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
e. Places of worship.
f. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.
(4) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks with permanent restrooms or outdoor event lighting.
(5) Agricultural and related. Horses or other domesticated equines kept on site,
and stables for such animals, only as a private residential accessory with a
minimum lot area of two acres and a maximum of one animal per acre.
(d) Site and building requirements. The following site and building requirements apply
to uses within the MDR district:
(1) Density. A maximum density of 10 dwelling units per acre regardless of the
future land use category.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the MU-S future land
use category and 2.0 within MU-U.
(3) Structure height. A maximum structure height of 45 feet. See height definition.
(4) Lot area. No minimum lot area unless prescribed by use.

LDC 3:36
 (5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Fifty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Eighty feet at the street right-of-way or two-family dwellings.
c. Multi-family and other. Eighty feet at the street right-of-way for townhouse
groups and boarding or rooming houses. No minimum lot width required by
zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and rear.
b. Sides. Ten feet on each side of a group of attached townhouses. On each
side of all other structures, five feet or 10 percent of the lot width at the street
right-of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Stables. Stables shall be at least 50 feet from any property line and at least
130 feet from any residential dwelling on the property of another landowner.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All non-residential uses within the MDR district shall be located to
avoid nuisance, hazard and other adverse impacts to surrounding residential uses.
(f) Rezoning to MDR. Medium Density Residential zoning may be established only
within the Mixed-Use Suburban (MU-S) and Mixed-Use Urban (MU-U) future land
use categories. The district is suitable for suburban or urban areas with central
water and sewer and developed street networks. The district is appropriate to
provide transitions between areas zoned or used for low density residential and
areas zoned or used for high density residential or mixed-use.
(Ord. No. 2015-44, § 3, 10-8-2015; Ord. No. 2016-31, §1, 8-4-2016)

LDC 3:37
Sec. 3-2.8 High Density Residential district (HDR).
(a) Purpose. The High Density Residential (HDR) district establishes appropriate areas
and land use regulations for residential uses at high densities within urban areas.
The primary intent of the district is to provide for residential neighborhood
development in an efficient urban pattern of well-connected streets and at greater
dwelling unit density and diversity than the Medium Density Residential district.
Residential uses within the HDR district include most forms of single-family, two-
family and multi-family dwellings. Non-residential uses within the district are limited
to those that are compatible with urban residential neighborhoods.
(b) Permitted uses. Permitted uses within the HDR district are limited to the following:
(1) Residential.
a. Group living, excluding dormitories, fraternity and sorority houses, and
residential facilities providing substance abuse treatment, post-incarceration
reentry, or similar services.
b. Manufactured (mobile) homes only within existing manufactured home parks
or subdivisions. No new or expanded manufactured home parks or
subdivisions.
c. Single-family dwellings (other than manufactured homes), attached or
detached, including townhouses and zero lot line subdivisions.
d. Two-family and multi-family dwellings.
See also conditional uses in this district.
(2) Retail sales. No retail sales, except as conditional uses in this district.
(3) Retail services.
a. Boarding and rooming houses.
b. Child care facilities.
See also conditional uses in this district.
(4) Public and civic. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marina, private.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. Agricultural production limited to food primarily for
personal consumption by the producer, but no farm animals. See also
conditional uses in this district.
(8) Other uses. [Reserved].

LDC 3:38
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the HDR district:
(1) Residential.
a. Dormitories.
b. Fraternity or sorority houses.
c. Home occupations with non-resident employees.
(2) Retail sales. Retail sales only within a predominantly residential multi-story
building.
(3) Retail services. Retail services only within a predominantly residential multi-
story building.
(4) Public and civic.
a. Clubs, civic and fraternal.
b. Educational facilities, excluding preschools or kindergartens independent of
other elementary grades.
c. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
d. Hospitals.
e. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
f. Places of worship.
g. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.
(5) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks with permanent restrooms or outdoor event lighting.
(6) Agricultural and related. Horses or other domesticated equines kept on site,
and stables for such animals, only as a private residential accessory with a
minimum lot area of two acres and a maximum of one animal per acre.
(d) Site and building requirements. The following site and building requirements
apply to uses within the HDR district:
(1) Density. A maximum density of 18 dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 2.0 for all uses.
(3) Structure height. A maximum structure height of 120 feet above highest
adjacent grade.
(4) Lot area. No minimum lot area unless prescribed by use.

LDC 3:39
 (5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Eighty feet at the street right-of-way for two-family dwellings.
c. Multi-family and other. Eighty feet at the street right-of-way for multi-family
dwellings, boarding or rooming houses, and townhouse groups. No minimum
lot width required by zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 20 percent (80 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and 15 feet in the rear.
b. Sides. Ten feet on each side of a group of attached townhouses. On each
side of all other structures, 10 feet or 10 percent of the lot width at the street
right-of-way, whichever is less, but at least five feet. For structures exceeding
35 feet above highest adjacent grade, an additional two feet for each
additional 10 feet in height, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All non-residential uses within the HDR district shall be located to
avoid nuisance, hazard, and other adverse impacts to surrounding residential uses.
(f) Rezoning to HDR. High Density Residential zoning may be established only within
the Mixed-Use Suburban (MU-S) or Mixed-Use Urban (MU-U) future land use
category. The district is suitable for urban areas with central water and sewer and
developed street networks. The district is appropriate to provide transitions between
areas zoned or used for medium density residential and areas zoned or used for
high density mixed-use or commercial.
(Ord. No. 2015-56, § 2, 12-10-2015; Ord. No. 2016-31, § 1, 8-4-2016)

Sec. 3-2.9 High Density Mixed-use district (HDMU).

(a) Purpose. The High Density Mixed-use (HDMU) district establishes appropriate
areas and land use regulations for a complimentary mix of high density residential
uses and compatible non-residential uses within urban areas. The primary intent of
the district is to provide for a mix of neighborhood retail sales, services and
professional offices with greater dwelling unit density and diversity than the Low
Density Mixed-use district. Additionally, the HDMU district is intended to rely on
urban street connectivity and encourage vertical mixes of commercial and residential
uses within the same building to accommodate a physical pattern of development
characteristic of village main streets and older neighborhood commercial areas.
Residential uses within the district include all forms of single-family, two-family and
multi-family dwellings.
LDC 3:40
(b) Permitted uses. Permitted uses within the HDMU district are limited to the following:
(1) Residential. The following residential uses are allowed throughout the district,
but if within a Commercial (C) future land use category they are permitted only if
part of a predominantly commercial development.
a. Group living, excluding dormitories, fraternity and sorority houses, and
residential facilities providing substance abuse treatment, post-incarceration
reentry, or similar services.
b. Manufactured (mobile) homes, including manufactured home subdivisions,
but excluding new or expanded manufactured home parks.
c. Single-family dwellings (other than manufactured homes), detached or
attached, including townhouses and zero lot line subdivisions.
d. Two-family and multi-family dwellings.
See also conditional uses in this district.
(2) Retail sales. Small-scale (gross floor area 6000 sq.ft. or less per lot) retail sales,
including Low-THC marijuana dispensing facilities, sales of beer and wine, but
excluding sales of liquor, automotive fuels, or motor vehicles, and excluding
permanent outdoor storage, display, or sales. See also conditional uses in this
district.
(3) Retail services. The following small-scale (gross floor area 6000 sq.ft. or less
per lot) retail services, excluding outdoor work or permanent outdoor storage:
a. Bed and breakfast inns.
b. Boarding and rooming houses.
c. Child care facilities.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners, and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Repair services, including appliance repair, furniture refinishing and
upholstery, watch and jewelry repair, small engine and motor services, but
excluding major motor vehicle or boat service or repair.
g. Restaurants, and brewpubs, including on-premises consumption of alcoholic
beverages, but excluding drive-in or drive-through service and brewpubs with
distribution of alcoholic beverages for off-site sales.
See also conditional uses in this district.
(4) Public and civic.
a. Preschools and kindergartens.
b. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
c. Foster care facilities.
LDC 3:41
 d. Places of worship.
e. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private only.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. Agricultural production limited to food primarily for
personal consumption by the producer, but no farm animals.
(8) Other uses. [Reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the HDMU district:
(1) Residential.
a. Dormitories.
b. Fraternity and sorority houses.
c. Manufactured (mobile) home parks.
(2) Retail sales. Medium-scale (gross floor area greater than 6000 sq.ft. per lot, but
no greater than 35,000 sq.ft.) retail sales, including sales of beer and wine and
automotive fuels, but excluding sales of motor vehicles and liquor, and excluding
permanent outdoor storage, display, or sales.
(3) Retail services.
a. Medium-scale (gross floor area greater than 6000 sq. ft. per lot, but no
greater than 35,000 sq. ft.) retail services, excluding motor vehicle service
and repair.
b. Restaurants and brewpubs with drive-in or drive-through service and
brewpubs with the distribution of on-premises produced alcoholic beverages
for off-site sales.
c. Small-scale (gross floor area 6000 sq.ft. or less per lot) major motor vehicle
service and repair, excluding painting or body work and outdoor work.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, excluding towers.
b. Cemeteries, including family cemeteries.
c. Clubs, civic and fraternal.
d. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.

LDC 3:42
 e. Cinerators.
f. Educational facilities not among the permitted uses of the district.
g. Funeral establishments.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Public utility structures exceeding the district structure height limit and
telecommunications towers of any height, excluding any industrial uses.
k. Warehousing or maintenance facilities for government agencies or public
utilities.
(5) Recreation and entertainment.
a. Amusement arcade centers and bingo facilities.
b. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
c. Parks with permanent restrooms or outdoor event lighting.
(6) Industrial and related. Microbreweries, microdistilleries, and microwineries
(7) Agricultural and related.
a. Horses or other domesticated equines kept on site, and stables for such
animals, only as a private residential accessory with a minimum lot area of
two acres and a maximum of one animal per acre.
b. Veterinary clinics.
(8) Other uses.
a. Self-storage facilities with a maximum lot area of one acre and outdoor
storage limited to operable motor vehicles and boats. No vehicle rental.
b. Structures of permitted uses exceeding the district structure height limit,
excluding telecommunications towers.
(d) Site and building requirements. The following site and building requirements apply
to uses within the HDMU district:
(1) Density. A maximum density of 25 dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the Commercial (C)
future land use category and 2.0 within Mixed-Use Urban (MU-U).
(3) Structure height. A maximum structure height of 150 feet above highest
adjacent grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:

LDC 3:43
 a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Eighty feet at the street right-of-way for two-family dwellings.
c. Multi-family and other. Eighty feet at the street right-of-way for multi-family
dwellings, boarding or rooming houses, or townhouse groups. No minimum
lot width required by zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 20 percent (80 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front and 15 feet in the rear.
b. Sides. Ten feet on each side of a group of attached townhouses. On each
side of all other structures, 10 feet or 10 percent of the lot width at the street
right-of-way, whichever is less, but at least five feet. For structures exceeding
35 feet above highest adjacent grade, an additional two feet for each
additional 10 feet in height, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All new non-residential uses proposed within the HDMU district
that are not part of a predominantly residential development or a planned unit
development, or are not identified as exempt by district regulations, shall be on
parcels that satisfy at least one of the following location criteria:
(1) Proximity to intersection. Along an arterial or collector street and within 200
feet of an intersection with another arterial or collector.
(2) Proximity to traffic generator. Along an arterial or collector street and within a
one-quarter mile radius of an individual traffic generator of more than 600 daily
trips, such as an apartment complex, military base, college campus, hospital,
shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where
already established non-residential uses are otherwise consistent with the HDMU
district, and where the new use would constitute infill development of similar
intensity as the conforming development on surrounding parcels. Additionally,
the location would promote compact development and not contribute to or
promote strip commercial development.
(4) Site design. Along an arterial street and at the intersection with a local street
that serves to connect the arterial street to another arterial, and all of the
following site design conditions:
a. Any intrusion into a recorded residential subdivision is limited to a corner lot
b. Access and stormwater management is shared with adjoining uses or
properties to the extent practicable.

LDC 3:44
 c. Adverse impacts to any adjoining residential uses are minimized by placing
the more intensive elements of the use, such as solid waste dumpsters and
truck loading/unloading areas, furthest from the residential uses.
(5) Documented compatibility. A compatibility analysis prepared by the applicant
provides competent substantial evidence of unique circumstances regarding the
parcel or use that were not anticipated by the alternative criteria, and the
proposed use will be able to achieve long-term compatibility with existing and
potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use,
commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be
consistent with the district’s adopted redevelopment plan, as reviewed and
recommended by the Community Redevelopment Agency (CRA).
(f) Rezoning to HDMU. High Density Mixed-use zoning may be established only
within the Mixed-Use Suburban (MU-S), Mixed-Use Urban (MU-U), or Commercial
(C) future land use categories. The district is suitable for areas where the
intermixing of uses has been the custom, where future uses are uncertain, and some
redevelopment is probable. The district is appropriate to provide transitions between
areas zoned or used for medium or high density residential and areas zoned or used
for commercial. Rezoning to HDMU is subject to the same location criteria as any
new non-residential use proposed within the HDMU district.
(Ord. No. 2015-56, § 3, 12-10-2015; Ord. No. 2016-2 § 1, 1-7-2016; 2016-31 § 1, 8-4-2016; Ord. No. 2017-5, §,2, 1-5-2017)

Sec. 3-2.10 Commercial district (Com).

(a) Purpose. The Commercial (Com) district establishes appropriate areas and land
use regulations for general commercial activities, especially the retailing of
commodities and services. The primary intent of the district is to allow more diverse
and intense commercial uses than the neighborhood commercial allowed within the
mixed-use districts. To maintain compatibility with surrounding uses, all commercial
operations within the Commercial district are limited to the confines of buildings and
not allowed to produce undesirable effects on surrounding property. To retain
adequate area for commercial activities, new and expanded residential development
within the district is limited, consistent with the Commercial (C) future land use
category.
(b) Permitted uses. Permitted uses within the Commercial district are limited to the
following:
(1) Residential. The following residential uses are allowed throughout the district,
but if within the Commercial (C) future land use category they are permitted only
if part of a predominantly commercial development:
a. Group living, excluding dormitories, fraternity and sorority houses, and
residential facilities providing substance abuse treatment, post-incarceration
reentry, or similar services.
b. Manufactured (mobile) homes, including new or expanded manufactured
home parks or subdivisions.

LDC 3:45
 c. Single-family dwellings (other than manufactured homes), detached or
attached, including townhouses and zero lot line subdivisions.
d. Two-family and multi-family dwellings.
See also conditional uses in this district.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
sales of alcoholic beverages and automotive fuels, but excluding motor vehicle
sales and permanent outdoor storage. See also conditional uses in this district.
(3) Retail services. The following retail services, excluding permanent outdoor
storage:
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming
houses.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Repair services, including appliance repair, furniture refinishing and
upholstery, watch and jewelry repair, small engine and motor services, but
excluding major motor vehicle or boat service or repair, and outdoor work.
g. Restaurants and brewpubs, including on-premises consumption of alcoholic
beverages, drive-in and drive-through service, and brewpubs with the
distribution of on-premises produced alcoholic beverages for off-site sales.
The parcel boundary of any restaurant or brewpub with drive-in or drive-
through service shall be at least 200 feet from any LDR or MDR zoning
district unless separated by a 50-foot or wider street right-of-way.
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
e. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
f. Foster care facilities.
g. Funeral establishments.
h. Hospitals.
i. Offices for government agencies or public utilities.

LDC 3:46
 j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding
any industrial uses.
l. Warehousing or maintenance facilities for government agencies or for public
utilities.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Indoor recreation or entertainment facilities, including movie theaters, bowling
alleys, skating rinks, arcade amusement centers, bingo facilities and shooting
ranges, but excluding bars, nightclubs or adult entertainment facilities.
c. Marinas, private and commercial.
d. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related.
a. Printing, binding, lithography and publishing.
b. Wholesale warehousing with gross floor area 10,000 sq.ft. or less per lot.
See also conditional uses in this district.
(7) Agricultural and related.
a. Agricultural food production primarily for personal consumption by the
producer, but no farm animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display
of plants.
c. Veterinary clinics.
See also conditional uses in this district.
(8) Other uses.
a. Billboard structures.
b. Outdoor storage if minor and customarily incidental to the allowed principal
use, and if in the rear yard, covered, and screened from off-site view, unless
otherwise noted.
c. Parking garages and lots, commercial.
d. Self-storage facilities, excluding vehicle rental.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the Commercial district:

LDC 3:47
 (1) Residential.
a. Group living not among the permitted uses of the district.
b. Home occupations with non-resident employees.
(2) Retail sales.
a. Boat sales, new and used.
b. Automobile sales, used autos only, excluding parcels fronting on any of the
following streets: Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR
292); Blue Angel Parkway (SR 173); Pine Forest Road, south from Interstate
10 to State Road 173; Navy Boulevard (SR 295 and US 98); and Scenic
Highway (SR 10A and US 90). Additionally, the parcel shall be no larger than
one acre and provided with a permanent fence, wall, or other structural barrier
of sufficient height and mass along all road frontage to prevent encroachment
into the right-of way other that through approved site access.
c. Automobile rental limited to the same restrictions as used automobile sales.
d. Utility trailer, heavy truck (gross vehicle weight rating more than 8500 lbs),
and recreational vehicle sales, rental, or service limited to the same
restrictions as used automobile sales.
(3) Retail services.
a. Restaurants not among the permitted uses of the district.
b. Service and repair of motor vehicles, small scale (gross floor area 6000
sq. ft. or less per lot), excluding painting and body work and outdoor work
and storage.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic and fraternal.
c. Cinerators.
d. Homeless shelters.
(5) Recreation and entertainment.
a. Bars and nightclubs.
b. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
c. Parks with permanent restrooms or outdoor event lighting.
(6) Industrial and related.
(a) Borrow pits and reclamation activities 20 acres minimum and (subject to local
permit and development review requirements per Escambia County Code of
Ordinances, Part I, Chapter 42, article VIII, and land use and regulations in
Part III, the Land Development Code, chapter 4. *Borrow pits are prohibited
on land zoned GMD prior to the adoption of the Commercial (Com) zoning.
(b) Microbreweries, microdistilleries, microwineries.

LDC 3:48
Supp. 15
 (7) Agricultural and related. Horses or other domesticated equines kept on site,
and stables for such animals, only as a private residential accessory with a
minimum lot area of two acres and a maximum of one animal per acre.
(8) Other uses.
a. Outdoor sales not among the permitted uses of the district.
b. Outdoor storage not among the permitted uses of the district, including
outdoor storage of trailered boats and operable recreational vehicles, but no
repair, overhaul, or salvage activities. All such storage shall be screened
from residential uses and maintained to avoid nuisance conditions.
c. Self-storage facilities, including vehicle rental as an accessory use.
d. Structures of permitted uses exceeding the district structure height limit.
(d) Site and building requirements. The following site and building requirements apply
to uses within the Commercial district:
(1) Density. A maximum density of 25 dwelling units per acre throughout the district.
Lodging unit density not limited by zoning.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the Commercial (C)
future land use category and 2.0 within Mixed-Use Urban (MU-U).
(3) Structure height. A maximum structure height of 150 feet above adjacent grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Eighty feet at the street right-of-way for two-family dwellings.
c. Multi-family and other. Eighty feet at the street right-of-way for multi-family
dwellings, boarding or rooming houses, or townhouse groups. No minimum
lot width required by zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 15 percent (85 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setback. For all principal structures, minimum setbacks are:
a. Front and rear. Fifteen feet in both front and rear.
b. Sides. Ten feet on each side, including any group of attached townhouses.
For structures exceeding 35 feet above highest adjacent grade, an additional
two feet for each additional 10 feet in height.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.

LDC 3:49
(e) Location criteria. All new non-residential uses proposed within the Commercial
district that are not part of a planned unit development or not identified as exempt by
the district shall be on parcels that satisfy at least one of the following location
criteria:
(1) Proximity to intersection. Along an arterial or collector street and within one-
quarter mile of its intersection with an arterial street.
(2) Proximity to traffic generator. Along an arterial or collector street and within a
one-quarter mile radius of an individual traffic generator of more than 600 daily
trips, such as an apartment complex, military base, college campus, hospital,
shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where
already established non-residential uses are otherwise consistent with the
Commercial district, and where the new use would constitute infill development of
similar intensity as the conforming development on surrounding parcels.
Additionally, the location would promote compact development and not contribute
to or promote strip commercial development.
(4) Site design. Along an arterial or collector street, no more than one-half mile
from its intersection with an arterial or collector street, not abutting a single-family
residential zoning district (RR, LDR or MDR), and all of the following site design
conditions:
a. Any Intrusion into a recorded subdivision is limited to a corner lot.
b. A system of service roads or shared access is provided to the maximum
extent made feasible by lot area, shape, ownership patterns, and site and
street characteristics.
c. Adverse impacts to any adjoining residential uses are minimized by placing
the more intensive elements of the use, such as solid waste dumpsters and
truck loading/unloading areas, furthest from the residential uses.
(5) Documented compatibility. A compatibility analysis prepared by the applicant
provides competent substantial evidence of unique circumstances regarding the
potential uses of parcel that were not anticipated by the alternative criteria, and
the proposed use, or rezoning as applicable, will be able to achieve long-term
compatibility with existing and potential uses. Additionally, the following
conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use,
commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be
consistent with the district’s adopted redevelopment plan, as reviewed and
recommended by the Community Redevelopment Agency (CRA).
(f) Rezoning to Commercial. Commercial zoning may be established only within the
Mixed-Use Suburban (MU-S), Mixed-Use Urban (MU-U) or Commercial (C) future
land use categories. The district is appropriate to provide transitions between areas
zoned or used as high density mixed-use and areas zoned or used as heavy

LDC 3:50
 commercial or industrial. Rezoning to Commercial is subject to the same location
criteria as any new non-residential use proposed within the Commercial district.
(Ord. No. 2015-56, § 4, 12-10-2015; Ord. No. 2016-02, § 2, 1-7-2016; 2016-31 § 1, 8-4-2016; Ord. No. 2017-5, §,2, 1-5-2017;
Ord. No. 2018-16, §, 1, 4-5-2018)

Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI).

(a) Purpose. The Heavy Commercial and Light Industrial (HC/LI) district establishes
appropriate areas and land use regulations for a complementary mix of industrial
uses with a broad range of commercial activities. The primary intent of the district is
to allow light manufacturing, large-scale wholesale and retail uses, major services,
and other more intense uses than allowed in the Commercial district. The variety
and intensity of non-residential uses within the HC/LI district is limited by their
compatibility with surrounding uses. All commercial and industrial operations are
limited to the confines of buildings and not allowed to produce undesirable effects on
other property. To retain adequate area for commercial and industrial activities,
other uses within the district are limited.
(b) Permitted uses. If a parcel is one acre or greater and is zoned HC/LI within the MU-
S FLU category and was not previously zoned General Commerce District (C-2),
Gateway Business District (GBD), Gateway Industrial District (GID), Industrial
District (ID-1), or Industrial District Commerce Park (ID-CP) as of April 15, 2015, its
permitted uses are limited to the permitted uses of the Commercial (COM) zoning
district as prescribed in the preceding section of this article. Therefore, for any
parcel zoned HC/LI which is greater than one acre and was zoned C-2, GBD, GID,
ID-1, or ID-CP as of April 15, 2015 and for any parcel otherwise zoned HC/LI, the
permitted uses are limited to the following:
(1) Residential. Any residential uses if outside of the Industrial (I) future land use
category and part of a predominantly commercial development, excluding new or
expanded manufactured (mobile) home parks and subdivisions. See also
conditional uses in this district.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
sales of alcoholic beverages, sales of automotive fuels, and sales of new and
used automobiles, motorcycles, boats, and manufactured (mobile) homes.
(3) Retail services.
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming
houses.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Rental of automobiles, trucks, utility trailers and recreational vehicles.
g. Repair services, including appliance repair, furniture refinishing and
upholstery, watch and jewelry repair, small engine and motor services, and
major motor vehicle and boat service and repair, but excluding outdoor work
or storage.

LDC 3:51

Supp. 13
 h. Restaurants and brewpubs, including on-premises consumption of alcoholic
beverages, drive-in and drive-through service, and brewpubs with the
distribution of on-premises produced alcoholic beverages for off-site sales.
The parcel boundary of any restaurant or brewpub with drive-in or drive-
through service shall be at least 200 feet from any LDR or MDR zoning
district unless separated by a 50-foot or wider street right-of-way.
i. Taxi and limousine services.
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
e. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
f. Funeral establishments.
g. Homeless shelters.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding
industrial uses not otherwise permitted.
See also conditional uses in this district.
(Ord. No. 2015-24, § 1, 7-7-15)

(5) Recreation and entertainment.

a. Commercial entertainment facilities, indoor or outdoor, including movie
theatres, amusement parks, and stadiums, but excluding motorsports
facilities. Carnival-type amusements shall be at least 500 feet from any
residential district. Bars, nightclubs, and adult entertainment are prohibited in
areas with the zoning designation HC/LI-NA or areas zoned ID-CP or ID-1
prior to adoption of HC/LI zoning.
b. Commercial recreation facilities, passive or active, including those for walking,
hiking, bicycling, camping, recreational vehicles, swimming, skateboarding,
bowling, court games, field sports, and golf, but excluding off-highway vehicle
uses and outdoor shooting ranges. Campgrounds and recreational vehicle
parks require a minimum lot area of five acres.
c. Marinas, private and commercial.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.

LDC 3:52
Supp. 13
 (6) Industrial and related. Within MU-S, outside storage is permitted only when
adequately screened per LDC regulations.
a. Light industrial uses, including research and development, printing and
binding, distribution and wholesale warehousing, and manufacturing, all
completely within the confines of buildings and without adverse off-site
impacts.
b. Marinas, industrial, not allowed within MU-S.
c. Microbreweries, microdistilleries, and microwineries, except in areas with the
zoning designation HC/LI-NA or areas zoned ID-CP or ID-1 prior to adoption
of HC/LI zoning, not allowed within MU-S.
See also conditional uses in this district.
(7) Agricultural and related.
a. Food produced primarily for personal consumption by the producer, but no
farm animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display
of plants.
c. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.
(8) Other uses. Within MU-S, outside storage is permitted only when adequately
screened per LDC regulations.
a. Billboards structures, excluding areas zoned ID-CP, GBD, or GID prior to
adoption of HC/LI zoning.
b. Building or construction trades shops and warehouses, including on-site
outside storage.
c. Bus leasing and rental facilities, not allowed within MU-S.
d. Deposit boxes for donation of used items when placed as an accessory
structure on the site of a charitable organization.
e. Outdoor adjacent display of plants by garden shops and nurseries.
f. Outdoor sales.
g. Outdoor storage of trailered boats and operable recreational vehicles,
excluding repair, overhaul or salvage activities.
h. Parking garages and lots, commercial, not allowed within MU-S.
i. Sales and outdoor display of prefabricated storage sheds.
j. Self-storage facilities, including vehicle rental as an accessory use.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA, or the BCC as noted, may conditionally allow the following uses within the HC/LI
district. However, if within the Mixed-Use Suburban (MU-S) future land use category
and previously zoned Gateway Business District (GBD), then no conditional uses are
available. If within the MU-S future land use category and not previously zoned GBD,
the conditional uses are limited to those of the Commercial (Com) district as
prescribed in the preceding section of this article:

LDC 3:53

Supp 13
(1) Residential. Caretaker residences not among the permitted uses of the district
and for permitted non-residential uses.
(2) Retail services. Restaurants not among the permitted uses of the district.
(3) Public and civic. Cinerators.
(4) Recreation and entertainment.
a. Motorsports facilities on lots 20 acres or larger.
b. Off-highway vehicle commercial recreation facilities on lots 20 acres or larger.
c. Shooting ranges, outdoor.
(5) Industrial and related, not allowed within MU-S.
a. Asphalt and concrete batch plants if within the Industrial (I) future land use
category and within areas zoned GID prior to adoption of HC/LI zoning.
b. Borrow pits and reclamation activities 20 acres minimum and (subject to local
permit and development review requirements per Escambia County Code of
Ordinances, Part I, Chapter 42, article VIII, and land use regulations in Part
III, the Land Development Code, chapter 4.) *Borrow pits are prohibited on
land zoned GBD, GID, and WMU prior to the adoption of the HC/LI zoning.
c. Salvage yards not otherwise requiring approval as solid waste processing
facilities.
d. Solid waste processing facilities, including solid waste collection points, solid
waste transfer facilities, materials recovery facilities, recovered materials
processing facilities, recycling facilities and operations, resource recovery
facilities and operations, and volume reduction plants.
The conditional use determination for any of these solid waste facilities shall
be made by the BCC in lieu of any hearing before the BOA. The applicant
shall submit a site boundary survey, development plan, description of
anticipated operations, and evidence that establishes each of the following
conditions in addition to those prescribed in Chapter 2:

1. Trucks have access to and from the site from adequately wide collector or
arterial streets and do not use local residential streets.
2. The scale, intensity, and operation of the use will not generate
unreasonable noise, traffic, objectionable odors, dust, or other potential
nuisances or hazards to contiguous properties.
3. The processing of materials will be completely within enclosed buildings
unless otherwise approved by the BCC.
4. The plan includes appropriate practices to protect adjacent land and
resources, minimize erosion, and treat stormwater; landscaping and
buffering for adjacent uses; hours of operation; methods to comply with
maximum permissible noise levels; means of access control to prevent
illegal dumping; and plans for materials storage.

Supp. 13 LDC 3:54

 (6) Agricultural and related. Kennels or animal shelters not interior to veterinary
clinics.
(7) Other uses.
a. Structures of permitted uses exceeding the district structure height limit.
b. Heliports.
(d) Site and building requirements. The following site and building requirements apply
to uses within the HC/LI district:
(1) Density. A maximum density of 25 dwelling units per acre. Lodging unit density
is not limited by zoning.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the Mixed-Use
Suburban (MU-S), Commercial (C) and Industrial (I) future land use categories,
and 2.0 within Mixed-Use Urban (MU-U).
(3) Structure height. A maximum structure height of 150 feet above highest
adjacent grade, except that for any parcel previously zoned GBD and within the
MU-S future land use category the mean roof height (average of roof eave and
peak heights) of a building shall not exceed 45 feet above average finished
grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. No minimum lot width required by zoning.
(6) Lot coverage. Minimum pervious lot coverage of 15 percent (85 percent
maximum semi-impervious and impervious cover) for all uses. A maximum 75
percent of lot area occupied by principal and accessory buildings on lots of non-
residential uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Fifteen feet in both front and rear.
b. Sides. Ten feet on each side, including any group of attached townhouses.
For structures exceeding 35 feet above highest adjacent grade, an additional
two feet for each additional 10 feet in height.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Access. For any industrial use south of Well Line Road, site access shall be
provided by curb cuts on an arterial or collector street. Alternatively, a private
or public street may link the site to an arterial or collector, provided that the
private or public street does not traverse a residential subdivision or
predominantly residential neighborhood between the site and the arterial or
collector street.
b. Parcels within MU-S previously zoned GBD. For any parcel previously
zoned GBD and within the MU-S future land use category, additional
requirements apply as mandated by the GBD performance standards and the
site and building requirements in effect as of April 15, 2015, prior to the
adoption of the current Land Development Code to ensure compatibility.

Supp. 13 LDC 3:55

 c. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All new non-residential uses proposed within the HC/LI district
that are not part of a planned unit development or not identified as exempt by district
regulations shall be on parcels that satisfy at least one of the following location
criteria; except properties that were previously zoned GBD and were exempt from
locational criteria:
(1) Proximity to intersection. Along an arterial street and within one-quarter mile
of its intersection with an arterial street.
(2) Site design. Along an arterial street, no more than one-half mile from its
intersection with an arterial street, and all of the following site design conditions:
a. Not abutting a RR, LDR or MDR zoning district
b. Any intrusion into a recorded residential subdivision is limited to a corner lot
c. A system of service roads or shared access is provided to the maximum
extent feasible given the lot area, lot shape, ownership patterns, and site and
street characteristics.
d. Adverse impacts to any adjoining residential uses are minimized by placing
the more intensive elements of the use, such as solid waste dumpsters and
truck loading/unloading areas, furthest from the residential uses.
e. Location in an area where already established non-residential uses are
otherwise consistent with the HC/LI, and where the new use would constitute
infill development of similar intensity as the conforming development on
surrounding parcels. Additionally, the location would promote compact
development and not contribute to or promote strip commercial development.
(3) Documented compatibility. A compatibility analysis prepared by the applicant
provides competent substantial evidence of unique circumstances regarding the
parcel or use that were not anticipated by the alternative criteria, and the
proposed use will be able to achieve long-term compatibility with existing and
potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use,
commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be
consistent with the district’s adopted redevelopment plan, as reviewed and
recommended by the Community Redevelopment Agency (CRA).
(f) Rezoning to HC/LI.
(1) Generally. Heavy Commercial and Light Industrial zoning may be established
by rezoning only within the Mixed-Use Urban (MU-U), Commercial (C), or
Industrial (I) future land use categories. The district is appropriate to provide
transitions between areas zoned or used for commercial and areas zoned or
used for industrial. The district is suitable for areas able to receive bulk deliveries
by truck in locations served by major transportation networks and able to avoid
undesirable effects on nearby property and residential uses. Rezoning to HC/LI

LDC 3:56
Supp. 13
 is subject to the same location criteria as any non-residential use proposed within
the HC/LI district.
(2) HC/LI-NA designation. Any applicant for rezoning to the HC/LI zoning district
may request a HC/LI-NA designation prohibiting the subsequent establishment of
any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult
entertainment uses on the rezoned property. The request shall be in the form of
a notarized affidavit that acknowledges this use restriction and affirms that it is a
voluntary request. Once approved according to the rezoning process of Chapter
2, the HC/LI-NA zoning designation and its prohibitions shall apply to the
property, regardless of ownership, unless the parcel is rezoned.
(Ord. No. 2015-56, § 5, 12-10-2015; Ord. No. 2016-2, § 3, 1-7-2016; Ord. No. 2017-5, §,2, 1-5-2017)
Sec. 3-2.12 Industrial district (Ind).
(a) Purpose. The Industrial (Ind) district establishes appropriate areas and land use
regulations for a broad range of industrial uses. The primary intent of the district is
to accommodate general assembly, outdoor storage, warehousing and distribution,
major repair and services, manufacturing, salvage and other such uses and activities
that contribute to a diverse economic base but cannot satisfy the compatibility
requirements and higher performance standards of other districts. The Industrial
district is also intended to provide appropriate locations and standards that minimize
dangers to populations and the environment from heavy industrial activities, and to
preserve industrial lands for the continuation and expansion of industrial production.
Non-industrial uses within the district are limited to ensure the preservation of
adequate areas for industrial activities. New or expanded residential development is
generally prohibited.
(b) Permitted uses. Permitted uses within the Industrial district are limited to the
following:
(1) Residential. No new residential uses, including accessory dwelling units, except
caretaker residences for permitted non-residential uses. Caretaker and vested
single-family dwellings include manufactured (mobile) homes.
(2) Retail sales. No retail sales except as permitted industrial and related uses.
(3) Retail services. No retail services except as permitted industrial and related
uses.
(4) Public and civic.
a. Cinerators, including direct disposition.
b. Emergency service facilities, including law enforcement, firefighting, and
medical assistance.
c. Public utility structures, including telecommunications towers.
(5) Recreation and entertainment. No recreation or entertainment uses.
(6) Industrial and related.
a. Bulk storage.
b. Industrial uses, light and heavy, including research and development, printing
and binding, distribution and wholesale warehousing, processing of raw

LDC 3:57
Supp. 13
 materials, manufacturing of finished and semi-finished products, salvage
yards, solid waste transfer and processing facilities, materials recovery and
recovered materials processing facilities, landfills, concrete and asphalt batch
plants, power plants, and mineral extraction.
c. Solid waste collection points.
(7) Agricultural and related. No agricultural or related uses except as permitted
industrial and related uses.
(8) Other uses. [reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA or BCC as noted, may conditionally allow the following uses within the
Industrial district.
(1) The BOA may conditionally allow the following uses:
a. A permitted use of the industrial district to exceed the district structure height
limit.
b. Borrow pits and reclamation activities 20 acres minimum (subject to local
permit and development review requirements per Escambia County Code of
Ordinances, Part I, Chapter 42, article VIII, and land use regulations in Part
III, the Land Development Code, chapter 4.)
(2) The BCC may conditionally allow solid waste processing facilities, including solid
waste collection points, solid waste transfer facilities, materials recovery facilities,
recovered materials processing facilities, recycling facilities and operations,
resource recovery facilities and operations, and volume reduction plants.
For any of these solid waste facilities the applicant shall submit, to the Planning
Official or his designee, a site boundary survey, development plan, description of
anticipated operations, and evidence that establishes each of the following
conditions in addition to those prescribed in Chapter 2 to the Planning
department:
a. Trucks have access to and from the site from adequately wide collector or
arterial streets and do not use local residential streets.
b. The scale, intensity, and operation of the use will not generate unreasonable
noise, traffic, objectionable odors, dust, or other potential nuisances or
hazards to contiguous properties.
c. The processing of materials will be completely within enclosed buildings
unless otherwise approved by the BCC.
d. The plan includes appropriate practices to protect adjacent land and
resources, minimize erosion, and treat stormwater; landscaping and buffering
for adjacent uses; hours of operation; methods to comply with maximum
permissible noise levels; means of access control to prevent illegal dumping;
and plans for materials storage.

(d) Site and building requirements. The following site and building requirements apply
to uses within the Industrial district:
(1) Density. Dwelling unit density limited to vested residential development.

LDC 3:58
Supp.13
 (2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum structure height of 150 feet above highest
adjacent grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. A minimum lot width of 100 feet at the street right-of-way.
(6) Lot coverage. Minimum pervious lot coverage of 15 percent (85 percent
maximum semi-impervious and impervious cover) for all uses. A maximum of 75
percent of lot area occupied by principal and accessory buildings.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in both front and rear.
b. Sides. Fifteen feet on each side.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Access. For any industrial use south of Well Line Road, site access shall be
provided by curb cuts on an arterial or collector street. Alternatively, a private
or public street may link the site to an arterial or collector, provided that the
private or public street does not traverse a residential subdivision or
predominantly residential neighborhood between the site and the arterial or
collector street.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. All new industrial uses proposed within the Industrial district that
are not part of a planned unit development shall be on parcels that satisfy all of the
following location criteria:
(1) Located so that the negative impacts of the uses on the functions of natural
systems are avoided if possible, and minimized when unavoidable.
(2) Accessible to essential public facilities and services at the levels of service
adopted in the Comprehensive Plan.
(3) Located on parcels of land large enough to adequately support the type of
industrial development proposed and minimize any adverse impacts upon
surrounding properties through effective buffering so that the proposed use is
compatible with surrounding uses.
(f) Rezoning to Ind. Industrial zoning may be established only within the Industrial (I)
future land use category. The district is appropriate where conflicts with other uses
can be minimized through orderly zoning transitions and effective buffering, and
where sufficient access to transportation and other public facilities is available.
Rezoning to Industrial is subject to the same location criteria as any new industrial
use proposed within the Industrial district. (Ord. No. 2016-15,§ 1, 2-18-16)
Sec. 3-2.13 Recreation district (Rec).
(a) Purpose. The Recreation (Rec) district establishes appropriate areas and land use
regulations for outdoor recreational uses and open space. The primary intent of the
district is to preserve and maintain parcels of land necessary or used for a system of
public and private parks providing both active and passive recreational activities and

LDC 3:59
Supp. 13
 amenities. Indoor recreation facilities are allowed within the Recreational district if
customarily incidental to the principal outdoor uses. Non-recreational uses are
severely limited to ensure the preservation of district lands and provision of
adequate areas for public recreation. New or expanded residential development is
generally prohibited.
(b) Permitted uses. Permitted uses within the Recreation district are limited to the
following:
(1) Residential. No new residential uses, including accessory dwelling units, except
caretaker residences for permitted non-residential uses. Caretaker and vested
single-family dwellings include manufactured (mobile) homes if allowed by any
adjoining zoning.
(2) Retail sales. Retail sales customarily incidental to permitted recreational uses.
(3) Retail services. Retail services customarily incidental to permitted recreational
uses.
(4) Public and civic.
a. Bird and wildlife sanctuaries.
b. Parks and greenbelt areas.
c. Public utility structures, including telecommunication towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Recreation facilities, outdoor, including parks, playgrounds, walking and
hiking trails, campgrounds, off-highway vehicle trails, swimming pools,
baseball fields, tennis courts, and golf courses, but excluding shooting
ranges.
b. Marinas, commercial only.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. No agricultural or related uses.
(8) Other uses. [reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the Recreation district:
(1) Public and civic. Emergency service facilities, including law enforcement,
firefighting, and medical assistance.
(2) Recreation and entertainment. Outdoor shooting ranges.
(d) Site and building requirements. The following site and building requirements apply
to uses within the Recreation district:
(1) Density. Dwelling unit density limited to vested development.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. No maximum structure height unless prescribed by use.
(4) Lot area. No minimum lot area unless prescribed by use.

LDC 3:60
Supp.13
 (5) Lot width. No minimum lot width required by zoning.
(6) Lot coverage. Minimum pervious lot coverage of 80 percent (20 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. No location criteria established by the Recreation district.
(f) Rezoning to Recreation. Recreation zoning may be established within all future
land use categories except Industrial and Conservation.

Sec. 3-2.14 Conservation district (Con).

(a) Purpose. The Conservation (Con) district establishes appropriate areas and land
use regulations for the conservation of important natural resources. The primary
intent of the district is to conserve wetlands, marshes, watersheds, coastal dunes,
wildlife habitats and other environmentally sensitive lands, but allow for passive
recreational opportunities and amenities consistent with the Conservation future land
use category. Non-conservation uses are severely limited to ensure the
conservation of district resources and provision of appropriate areas for public
recreation. Non-residential uses within the Conservation district are limited to
activities that will have minimal impacts and where the educational benefits of the
uses are determined to outweigh those impacts. New or expanded residential
development is generally prohibited.
(b) Permitted uses. Permitted uses within the Conservation district are limited to the
following:
(1) Residential. No new residential uses, including accessory dwelling units, except
caretaker residences for permitted non-residential uses. Caretaker and vested
single-family dwellings include manufactured (mobile) homes if allowed by any
adjoining zoning.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services.
(4) Public and civic.
a. Bird and wildlife sanctuaries.
b. Educational use of natural amenities for public benefit.
c. Parks and trails for passive recreation only.
d. Preservation and conservation lands.
See also conditional uses in this district.

Supp. 13 LDC 3:61

 (5) Recreation and entertainment. Only passive recreation and entertainment
uses.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. See conditional uses in this district.
(8) Other uses. [reserved]
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the Conservation district:
(1) Public and civic. Public utility structures, including telecommunication towers.
(2) Agricultural and related. The keeping of horses or other domesticated equines
on site for public riding, and stables for such animals, on lots 10 acres or more.
(d) Site and building requirements. The following site and building requirements apply
to uses within the Conservation district:
(1) Density. Dwelling unit density limited to vested development.
(2) Floor area ratio. A maximum floor area ratio of 0.5 for all uses.
(3) Structure height. A maximum structure height of 45 feet. See height definition.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. No minimum lot width required by zoning.
(6) Lot coverage. Minimum pervious lot coverage of 80 percent (20 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Horse shelters. Stables or other structures for sheltering horses or other
domesticated equines shall be at least 50 feet from any property line and at
least 130 feet from any dwelling on the property of another landowner.
b. Chapters 4 and 5. Refer to chapters 4 and 5 for additional development
regulations and standards.
(e) Location criteria. No location criteria established by the Conservation district.
(f) Rezoning to Conservation. Conservation zoning may be established within all
future land use categories. The district is suitable for all lands that have natural
limitations to development due to sensitive environmental character, both publically
owned conservation lands and private lands subject to similarly restrictive
conservation easements. (Ord. No. 2015-44, § 4, 10-8-2015)

Supp. 13
LDC 3:62
Sec. 3-2.15 Public district (Pub).
(a) Purpose. The Public (Pub) district establishes appropriate areas and land use
regulations for publicly owned parcels with public uses generally having greater
potential for adverse off-site impacts.
(b) Permitted uses. Permitted uses within the Public district are limited to the following:
(1) Residential. No new residential uses, including accessory dwelling units, except
caretaker residences for permitted non-residential uses.
(2) Retail sales. No retail sales except within permitted business parks.
(3) Retail services. No retail services except within permitted business parks.
(4) Public and civic.
a. Correctional facilities, including detention centers, jails, and prisons.
b. Educational facilities.
c. Offices for government agencies or public utilities.
d. Other public institutional uses.
(5) Recreation and entertainment. No recreation or entertainment uses.
(6) Industrial and related.
a. Borrow pits and associated reclamation activities.
b. Industrial uses within permitted industrial parks.
c. Solid waste processing facilities, including solid waste collection points, solid
waste transfer facilities, materials recovery facilities, recovered materials
processing facilities, recycling facilities and operations, resource recovery
facilities and operations, and volume reduction plants.
(7) Agricultural and related. No agricultural or related uses.
(8) Other uses. Conversion of suitable public lands for business or industrial park
development.
(c) Conditional uses. No conditional uses are available within the Public district.
(d) Site and building requirements. The following site and building requirements apply
to uses within the Public district:
(1) Density. Dwelling unit density limited to vested residential development.
(2) Floor area ratio. A maximum floor area ratio of 1.0 within the Commercial (C)
future land use category and 2.0 within Mixed-Use Urban (MU-U).
(3) Structure height. A maximum structure height of 150 feet above adjacent
grade.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. No minimum lot width required by zoning.
(6) Lot coverage. Minimum pervious lot coverage of 15 percent (85 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setback. For all principal structures, minimum setbacks are:

Supp. 13 LDC 3:63

 a. Front and rear. Fifteen feet in both front and rear.
b. Sides. Ten feet on each side. For structures exceeding 35 feet above
highest adjacent grade, an additional two feet for each additional 10 feet in
height.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(Ord. No. 2015-24, § 1, 7-7-15; Ord. No. 2016-42, § 1, 12-8-16)

Supp. 13 LDC 3:64

Article 3 Overlay districts.
Sec. 3-3.1 Purpose of article.
This article establishes overlay zoning districts that apply to areas of the county for
which specific aesthetic, historic preservation, resource protection, redevelopment, or
other public concerns have been identified. The overlays impose supplemental
requirements to manage development not sufficiently managed by underlying zoning
districts and may modify the allowable uses, site and building requirements, and other
provisions of the underlying zoning.
Sec. 3-3.2 Community redevelopment.
(a) Generally. Community redevelopment areas within the county, and plans to reduce
identified slum and blighted conditions within those areas, have been adopted by the
Board of County Commissioners (BCC). The redevelopment plans provide guidance
to enhance quality of life, encourage private sector reinvestment, promote sound
economic development, and provide recommendations for capital improvement
projects and other public sector enhancements. Redevelopment overlay zoning
districts are established in this article to support these adopted redevelopment plans
through land development regulations.
(b) Community Redevelopment Agency (CRA). As part of the redevelopment strategy
for designated redevelopment areas, the BCC created the Community
Redevelopment Agency (CRA) and authorized tools for redevelopment. Within the
LDC compliance review processes the CRA Manager or designee shall determine
compliance with redevelopment overlay district regulations, particularly regarding
land use and site and building requirements. In evaluating compliance, the CRA
Board may identify circumstances requiring a departure from some overlay
requirements and may grant exceptions accordingly. Although financial hardship
alone is not a basis to grant an exception, the CRA Board may consider the
following when requested to grant exceptions to overlay zoning district requirements:
(1) Individual and public safety.
(2) Unique site conditions or building characteristics.
(3) Adverse effects of standards on the use of the property.
(4) Public benefit.
(c) Crime prevention through design. When designing any element within a
redevelopment overlay district, including site layout, buildings, streets, signs,
landscaping, and parking, Crime Prevention Through Environmental Design
(CPTED) principles shall be used. The CRA shall evaluate the following CPTED
guidelines for development within the districts:
(1) Territorial reinforcement. All building entrances, parking areas, pathways, and
other elements should incorporate appropriate features that create or extend a
"sphere of influence," express ownership, and clearly distinguish private areas
from public ones.
(2) Natural surveillance. The site layout, building, and landscape design should
promote the ability to “see and be seen.” Physical features and activities should
LDC 3:65
Supp. 13
 be oriented and designed in ways that maximize the ability to see throughout the
site.
(3) Activity support. The site layout and building design should encourage
legitimate activity in public spaces.
(4) Access control. Walkways, fences, lighting, signage, and landscape should be
located and designed to clearly guide people and vehicles to and from the proper
entrances, directing the flow of people while decreasing the opportunity for crime.
(Ord. No. 2015-50, §1, 11-5-2015)

Sec. 3-3.3 Barrancas Overlay (Barr-OL).

(a) Purpose. The Barrancas Overlay (Barr-OL) district establishes supplemental land
use regulations to support the objectives of the adopted Barrancas area community
redevelopment plan. The intent of the additional land use controls is to enhance the
character of an area changed by the realignment of Barrancas Avenue and
undergoing revitalization, and to alleviate the harmful effects of industrial pollutants
on the waters of Bayou Chico.
(b) Waterfront mixed-use area.
(1) Function. Within the Barr-OL overlay district a waterfront mixed-use (WMU)
area is established to take advantage of the deep water characteristics of Bayou
Chico and preserve commercial and recreational waterfront. The intent of the
area is to promote more consistent shoreline development and encourage
residential uses along and around the waterfront; protect unique natural
resources within and around the bayou; and preserve and encourage water-
dependant and water-related support uses that do not degrade the natural
resources of the bayou or prevent their restoration.
(2) Location. The WMU area generally includes all land bounded on the north and
east by the waters of Bayou Chico, and on the south and west by Olde
Barrancas Avenue, Weis Lane, and Lakewood Road extending northwest from
Weis Lane. The area extends from the east line of Lot 10, Block 3 of Lakewood
subdivision (PB 2, P 30-E) to the east line of lots 5 and E of Brent Island
subdivision (PB 4, P 78), but excludes: the area bounded by Lakewood Road,
Audusson Avenue, and Browns Lane; Millwood Terrace subdivision (PB 12, P
22); and the area of a 13-lot development (Marina Villas, LLC) on the west side
of Mahogany Mill Road and contiguous with the north side of Millwood Terrace.
The waterfront mixed-use area is officially defined within the Geographical
Information System (GIS) of the county.
(c) Permitted uses. Permitted uses vary by location within the Barr-OL district.
(1) District-wide. The following uses, if permitted by the underlying zoning district,
are modified as noted throughout the overlay district:
a. For any mix of permitted residential and non-residential uses within the same
building the non-residential uses shall occupy the first or bottom floor(s) and
the residential uses shall occupy the second or upper floors.
b. Motor vehicle service and repair is limited to small-scale (gross floor area
6000 sq.ft. or less per lot) minor services and repair, indoor only.
c. Multi-family dwellings shall be in condominium form of ownership.
LDC 3:66
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 d. Sidewalk sales and tent sales are allowed only as temporary events
accessory to the permitted retail uses within the overlay and shall be
conducted immediately adjacent to the principal business for no more than 14
days within a calendar year. The business shall make all necessary
arrangements to keep public rights-of-way unobstructed and obtain all
required permits.
(2) Within WMU. The following uses are permitted within the WMU area, regardless
of their status in the underlying zoning district:
a. Water-dependent uses.
1. Boat maintenance and repair yards that comply with the best management
practices of the Florida Clean Boatyard Program of the Florida
Department of Environmental Protection (FDEP).
2. Expansion of existing bulk product facilities and terminal facilities (as
defined in Florida Statutes) if the expansion is no closer than 300 feet to
any residential use and provides noise and visual buffering from adjacent
parcels and public rights-of-way.
3. Commercial storage of boats.
4. Commercial marine transport and excursion services, including ferries,
captained charter services, sport fishing, and water taxis.
5. Harbor and marine supplies and services, and ship chandleries, including
the fueling of vessels.
6. Marinas that comply with the best management practices of the Florida
Clean Marina Program of the FDEP, including those berthing tugboats,
fireboats, and pilot boats and providing similar services.
7. Public landings for the loading and unloading of boats and ships.
8. Marine research, education, and laboratory facilities.
9. Seafood packaging and distribution for sales.
b. Water-related support uses.
1. Fabrication of marine-related goods.
2. Fabrication, repair, and storage of fishing equipment.
3. Marine products wholesaling, distribution, and retailing.
4. Marine repair services and machine shops.
c. Other uses. Residential uses, including multi-family, but not required to be
part of a predominantly commercial development.
(d) Conditional uses. The Barr-OL district does not modify the conditional uses of any
underlying zoning districts except for those uses prohibited by the overlay.
(e) Prohibited uses. Prohibited uses vary by location within the Barr-OL district.
(1) District-wide. The following uses are prohibited throughout the overlay district
regardless of their status in the underlying zoning district:
a. Billboards.
b. Boarding or rooming houses.
c. Campgrounds or recreational vehicle parks.
d. Carnival type amusements and amusement arcades.
e. Commercial storage of boats, except within the waterfront mixed-use (WMU)
area.
LDC 3:67
Supp. 13
 f. Commercial outdoor storage of recreational vehicles.
g. Deposit boxes for donation of used items.
h. Fortune tellers, palm readers, psychics, and similar personal services.
i. Manufactured (mobile) homes and manufactured home subdivisions and
parks.
j. Motor vehicle painting and outdoor motor vehicle repair or storage.
k. Pawn shops and check cashing services.
l. Self-storage facilities.
m. Warehouses, distribution and wholesale, except within the WMU area.
(2) Within WMU. The following uses are prohibited within the WMU area,
regardless of their status in the underlying zoning district:
a. Heavy industry, including salvage yards, materials recovery facilities, mineral
extraction, concrete and asphalt batch plants, sewage treatment plants,
chemical plants, and new bulk product facilities or terminal facilities as
defined in Florida Statutes (Chapter 376).
b. Facilities for marine pollution control, oil spill cleanup, and servicing of marine
sanitation devices.
c. Storage facilities for any materials that are toxic or hazardous substances or
nutrients (i.e., elements or compounds essential as raw material for organic
growth and development, such as carbon, nitrogen, or phosphorus), or that
become one when left to stand or when exposed to water, but not including
petroleum and petroleum related products regulated by the Florida Pollutant
Discharge Prevention and Control Act.
(f) Site and building requirements. Site and building requirements vary by location
within the Barr-OL district.
(1) District-wide. The following requirements apply throughout the overlay district:
a. Structure height. Except within the WMU area, a maximum structure height
of 45 feet above highest adjacent grade. Any lower height required by use or
underlying zoning district shall govern.
b. Materials and colors. Building materials and colors shall avoid adverse
visual impacts on surrounding properties. Accessory structures shall use the
same or similar materials, color, and style of the primary structure’s facade if
visible from a public way.
c. Street orientation. Buildings shall create desirable pedestrian environments
between the buildings and adjacent streets through clear and visible
orientation to the streets.
(2) Within MDR or HDR zoning. The following requirements apply if the underlying
zoning is Medium Density Residential (MDR) or High Density Residential (HDR):
a. Entry. The front facade of a residential building shall include the primary entry
door, be street facing, and include a porch or stoop that complies with the
following:
1. Front Porches Front porches shall be a minimum of six (6) feet deep and
ten (10) feet wide for two-story houses and four (4) feet deep and ten (10)
feet wide for one- story houses and should otherwise match the scale of the
primary façade.

Supp 13 LDC 3:68

 2. Stoops. Where buildings are elevated above grade, stoops providing
connections to building entrances or porches shall be a minimum of five (5)
feet wide.
b. Parking. All off-street parking shall be located in the rear yard or within a
garage. For single-family detached dwellings, off-street parking can be
located in a driveway, carport, or garage. For residential uses, any front-
facing attached garage shall be set back an additional ten (10) feet from the
primary front façade and shall not exceed 25 percent of the width of that
façade if the lot width is greater than 40 feet. All other garages must face the
side or rear of the parcel.
(3) Within HDMU or Commercial zoning. The following requirements apply if the
underlying zoning is High Density Mixed-use(HDMU) or Commercial (Com):
a. Structure setbacks. Front and side structure setbacks shall be consistent
with adjacent structures. Rear setbacks shall be as required by the underlying
zoning district. Where setback patterns are not clearly established, buildings
shall be built to within 10 feet of property lines.
b. Building orientation. Buildings shall be oriented so that the principal
facades are parallel or nearly parallel to the streets they face. On corner sites,
buildings shall occupy the corner.
c. Entry. Entrances shall be well lit, visible from the street, and easily
accessible. Walkways separate from driveways shall lead to front doors
where practical.
d. Parking. Off-street parking areas shall be connected by walkways to the
buildings they serve and comply with the following:
1. Residential. Parking for residential uses shall be located in the rear yard
or within a garage. Any front facing attached garage shall be set back at
least eight feet from the primary front facade and not exceed 25 percent of
that façade if the lot width is greater than 40 feet.
2. Non-residential. Parking for non-residential uses shall be located in the
rear or side yards unless provided as shared central parking through an
easement or common ownership among contiguous properties. Curb cuts
for such shared parking shall be limited to one 20-foot wide access. Liner
buildings or landscaping shall be used to screen parking from view from
the street.
e. Screening. All service and loading areas shall be entirely screened from off-
site view.
f. Scale. Buildings shall be designed in proportions to reflect human pedestrian
scale and movement, and to encourage interest at the street level, which is
best achieved when the ratio of street (not right-of-way) width to building
height is between 1:2 and 1:3.
g. Outdoor dining Outdoor dining areas shall be appropriately separated from
public walkways and streets using railings, wrought iron fences, landscaping,
or other suitable materials such that a minimum unobstructed pedestrian path
at least six feet wide is allowed along public rights-of-way.

LDC 3:69
Supp. 15
 (4) Within WMU area. The following requirements apply within the waterfront
mixed-use (WMU) area:
a. Structure height. A maximum structure height of 100 feet above highest
adjacent grade.
b. Structure setbacks. For all principal structures, minimum setbacks of ten
feet on each side, including any group of attached townhouses. For
structures exceeding 35 feet above highest adjacent grade, an additional two
feet for each additional 10 feet in height.
Front porches, stoops, and balconies that extend beyond the primary building
plane may encroach to within five feet of the property line. Steps leading to a
front porch or stoop may encroach further, but not beyond the property line or
onto public sidewalks.
Front and side setback lines should be consistent with adjacent structures.
Where setback lines are not clearly established, buildings shall be built to
within 10 feet of property lines.
c. Building orientation. Buildings shall be oriented so that the principal facade
is parallel or nearly parallel to the streets they face. On corner sites, buildings
shall occupy the corner.
d. Entry. Walkways separate from driveways shall lead to front doors where
practical.
e. Parking. Parking and other non-habitable areas may comprise the first two
floors of a mixed-use structure. Off-street parking areas shall be connected
by walkways to the buildings they serve and comply with the following:
1. Residential. Parking for residential uses shall be located in the rear yard
or within a garage. Any front facing attached garage shall be set back at
least 10 feet from the primary front facade and not exceed 25 percent of
that façade if the lot width is greater than 40 feet.
2. Parking structures. Access to parking structures shall be limited to the
side or rear of the structures and their street facades shall be concealed
by liner buildings or be screened so as to provide the appearance of being
an occupied use; i.e., with articulated building fronts, windows, etc.
f. Screening. All service and loading areas and outdoor storage shall be
entirely screened from off-site view by opaque fencing consisting of chain link
fence with slats or privacy fence of wood, PVC, or vinyl, or by concrete or
stucco walls.
g. Signs. Site signage is limited to one freestanding monument sign per
development parcel, scaled primarily for pedestrians, and not to exceed 100
square feet in area and 12 feet in height, except for multi-tenant development
where the sign may be up to 300 square feet. Sign colors, materials, and
lighting shall avoid adverse visual impacts on surrounding properties. Wall
signs shall not obstruct design details, windows, or cornices of the buildings
to which they are attached.

LDC 3:70
Supp 15
 h. Resource protection.
1. Natural features. Natural features shall be protected and integrated into
site design and development where possible.
2. Shorelines. Natural vegetated shoreline erosion control solutions shall be
implemented where there is a high likelihood of success and
effectiveness. County evaluation of shoreline protection shall consider
bathymetry, wave climate, sediment quality, and adjacent and surrounding
shorelines.
3. Septic tanks. If septic tanks are permitted they shall be located at least
100 feet from the mean high water line (MHWL) of the bayou.
Dock materials. All docks, bulkheads, and seawalls constructed of treated
wood products should use products registered for marine use by the U.S.
Environmental Protection Agency or the Florida Department of Agriculture and
Consumer Services. Other recommended materials include concrete, coated
steel, recycled plastic, PVC, vinyl, and fiberglass.
(Ord. No. 2015-20, § 1, 7-7-15)

Sec. 3-3.4 Brownsville Overlay (Brn-OL).

(a) Purpose. The Brownsville Overlay (Brn-OL) district establishes supplemental land
use regulations to support the objectives of the adopted Brownsville area community
redevelopment plan. The intent of the additional land use controls is to enhance the
character of an area undergoing revitalization, support existing commercial corridors,
and protect the unique and historic character of the Brownsville community.
(b) Permitted uses. Within the Brn-OL district, for any mix of permitted residential and
non-residential uses within the same building, the non-residential uses shall occupy
the first or bottom floors and the residential uses shall occupy the second or upper
floors.
(c) Conditional uses. The Brn-OL district does not modify the conditional uses of any
underlying zoning districts except for those uses prohibited by the overlay.
(d) Prohibited uses. The following uses are prohibited in the Brn-OL district regardless
of their status in the underlying zoning district:
(1) Billboards.
(2) Manufactured (mobile) homes, and manufactured home subdivisions and parks.
(e) Site and building requirements. The following site and building requirements
apply only to non-residential uses within the Brn-OL district:
(1) Structure height. No structure height shall exceed 45 feet above highest
adjacent grade. Any lower height required by use or underlying zoning district
shall govern.
(2) Materials and detailing. New structures, additions, and renovations shall use
materials and detailing that maintain the distinct character and harmony of the
redevelopment district. Vinyl or metal siding is prohibited on the primary facades
of buildings adjacent to public rights-of-way. Accessory structures shall use the
same or similar materials, color, and style of the primary structure’s façade if
visible from a public way.

LDC 3:71
Supp 15
 (3) Setbacks. New construction along Mobile Highway or Cervantes Street shall be
set back a distance similar to that of adjacent buildings unless customer parking
is provided adjacent to the street in support of CPTED principles. Exceptions
may be granted if the setback is pedestrian oriented and contributes to the
quality and character of the streetscape.
(4) Facades.
a. Front facades. Front building facades more than 80 feet in width shall be
divided into increments by changes in materials, bay windows, wall offsets, or
similar methods.
b. Rear façade. A minimum of 15 feet of a building’s rear façade facing a public
right of way, parking area, or open space shall consist of transparent
materials, not including reflective glass.
(5) Natural features. Natural features shall be protected and integrated into site
design and development where possible.
(6) Signs. Site signage is limited to one freestanding monument sign per
development parcel, scaled primarily for pedestrians, and not to exceed 100
square feet in area and 12 feet in height, except for multi-tenant development
where the sign may be up to 300 square feet. Sign colors, materials, and lighting
shall avoid adverse visual impacts on surrounding properties. Wall signs shall
not obstruct design details, windows, or cornices of the buildings to which they
are attached.
(7) Lighting. Lighting should serve to illuminate facades, entrances, and signage to
provide an adequate level of personal safety while enhancing the aesthetic
appeal of the buildings. Building and signage lighting must be indirect, with the
light source hidden from direct pedestrian and motorist view.
(8) Parking. Off-street parking shall be located in the rear. If the lot orientation
cannot accommodate adequate rear parking, parking may be located on the side.
(9) Buffers and screening of outdoor storage. All outside storage shall be
screened from public view. The screening shall use the same materials, color,
and style as the primary building for architectural compatibility with the primary
building. If the outside storage area is separate from the building it serves the
following shall apply:
a. Type. Only fences constructed of legitimate fencing materials (may or may
not be opaque) or masonry, concrete or stucco walls may supplement buffers.
Specifically, garage doors and sheets of roofing material do not qualify for
fencing or wall materials.
b. Screening of outdoor storage. Opaque fencing shall mean chain link fence
with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot
concrete or stucco wall may also be used to screen outdoor storage.

Sec. 3-3.5 Englewood Overlay (Eng-OL).

(a) Purpose. The Englewood Overlay (Eng-OL) district establishes supplemental land
use regulations to support the objectives of the adopted Englewood area community

LDC 3:72
Supp 15
 redevelopment plan. The intent of the additional land use controls is to enhance the
character of an area undergoing revitalization, support existing commercial areas,
and protect the unique and historic character of the Englewood neighborhood.
(b) Permitted uses. Within the Eng-OL district, for any mix of permitted residential and
non-residential uses within the same building, the non-residential uses shall occupy
the first or bottom floors and the residential uses shall occupy the second or upper
floors.
(c) Conditional uses. The Eng-OL district does not modify the conditional uses of any
underlying zoning districts.
(d) Prohibited uses. The following uses are prohibited in the Eng-OL district
regardless of their status in any underlying zoning district:
(1) Billboards.
(2) Manufactured (mobile) homes, and manufactured home subdivisions and parks.
(e) Non-residential site and building requirements. The following non-residential
site and building requirements apply within the Eng-OL district.
(1) Structure height. New or redeveloped buildings, or building additions, shall
complement the existing pattern of building heights. No structure shall exceed
45 feet in height and any lower height required by the underlying zoning district
shall govern.
(2) Materials and detailing. New structures, additions and renovations shall be
constructed to be long-lasting and use materials and detailing that maintain the
distinct character and harmony of the Englewood Community Redevelopment
District. Vinyl or metal siding is prohibited on the primary facades of buildings
adjacent to public rights-of-way. All accessory structures shall use the same
materials, color, and/or style of the primary façade if visible from a public way.
(3) Setbacks. New construction shall be set back a distance similar to that of
adjacent buildings unless customer parking is provided adjacent to the street in
support of CPTED principles. Exceptions may be granted if the setback is
pedestrian oriented and contributes to the quality and character of the
streetscape.
(4) Facades.
a. Front facades. A front building facade more than 80 feet in width shall be
divided into increments by changes in materials, bay windows, wall offsets, or
similar methods.
b. Rear façades. A minimum of 15 feet of a building’s rear façade facing a
public right of way, parking area, or open space shall consist of transparent
materials, not including reflective glass.
(5) Natural features. Natural features shall be protected and integrated into site
design and development where possible. The applicant shall demonstrate how
the development protects and incorporates existing vegetation.
(6) Landscaping. Water conservation is encouraged through proper landscape
plant selection, installation and maintenance practices. Native plant species are
required. All non-residential development applications shall include a landscape
plan as part of compliance review. The plan shall include the areas of natural

LDC 3:73
Supp 15
 vegetation to be protected, location and species of all plants to be installed, and
an irrigation plan.
(7) Signs. Site signage is limited to one freestanding monument sign per
development parcel, scaled primarily for pedestrians, and not to exceed 100
square feet in area and 12 feet in height, except for multi-tenant development
where the sign may be up to 300 square feet. Sign colors, materials, and lighting
shall avoid adverse visual impacts on surrounding properties. Wall signs shall
not obstruct design details, windows, or cornices of the buildings to which they
are attached.
(8) Lighting. Lighting in the overlay district should serve to illuminate facades,
entrances and signage to provide an adequate level of personal safety while
enhancing the aesthetic appeal of the buildings. Building and signage lighting
must be indirect, with the light source hidden from direct pedestrian and motorist
view.
(9) Parking. Parking in the overlay district must adequately serve the users without
detracting from the compact design that makes it a successful commercial
center. Off-street parking must be located in the rear. If the lot orientation cannot
accommodate adequate rear parking, parking on the side may be permitted.
(10) Buffers and screening of outdoor storage. All outside storage must be
screened from public view. The screening must use the same materials, color,
and/or style as the primary building for architectural compatibility with the primary
building and the building it is adjacent to. If the outside storage area is separate
from the building it serves the following shall apply:
a. Type. Only fences constructed of legitimate fencing materials (may or may
not be opaque) or masonry, concrete or stucco walls may supplement buffers.
Specifically, garage doors and sheets of roofing material do not qualify for
fencing or wall materials.
b. Screening of outdoor storage. Opaque fencing shall mean chain link fence
with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot
concrete or stucco wall may also be used to screen outdoor storage.
Sec. 3-3.6 Palafox Overlay (Pfox-OL).
(a) Purpose. The Palafox Overlay (Pfox-OL) district establishes supplemental land use
regulations to support the objectives of the adopted Palafox area community
redevelopment plan. The intent of the additional land use controls is to enhance the
character of an area undergoing revitalization and support a mix of commercial,
industrial, and residential uses within the Palafox area.
(b) Permitted uses. Within the Pfox-OL district, for any mix of permitted residential
and non-residential uses within the same building, the non-residential uses shall
occupy the first or bottom floor and the residential uses shall occupy the second or
upper floors.
(c) Conditional uses. The Pfox-OL district does not modify the conditional uses of
any underlying zoning districts.

Supp 15 LDC 3:74

(d) Prohibited uses. The following uses are prohibited in the Pfox-OL district
regardless of their status in any underlying zoning district:
(1) Manufactured (mobile) homes. The construction of modular homes is not
prohibited.
(2) Manufactured (mobile) home subdivisions and parks.
(e) Non-residential site and building requirements. The following non-residential
site and building requirements apply within the Pfox-OL district
(1) Structure height. New or redeveloped buildings, or building additions, shall
complement the existing pattern of building heights. No structure shall exceed
45 feet in height and any lower height required by the underlying zoning district
shall govern.
(2) Materials and detailing. New structures, additions and renovations shall be
constructed to be long-lasting and use materials and detailing that maintain the
distinct character and harmony of the Palafox Community Redevelopment
District. Vinyl or metal siding is prohibited on the primary facades of buildings
adjacent to public rights-of-way. All accessory structures shall use the same
materials, color, and/or style of the primary façade if visible from a public way.
(3) Setbacks. New construction shall be set back a distance similar to that of
adjacent buildings unless customer parking is provided adjacent to the street in
support of CPTED principles. Exceptions may be granted if the setback is
pedestrian oriented and contributes to the quality and character of the
streetscape.
(4) Facades.
a. Front facades. A front building facade more than 80 feet in width shall be
divided into increments by changes in materials, bay windows, wall offsets, or
similar methods.
b. Rear façade. A minimum of 15 feet of a building’s rear façade facing a public
right of way, parking area, or open space shall consist of transparent
materials, not including reflective glass.
(5) Natural features. Natural features shall be protected and integrated into site
design and development where possible. The applicant shall demonstrate how
the development protects and incorporates existing vegetation.
(6) Landscaping. Water conservation is encouraged through proper landscape
plant selection, installation and maintenance practices. Native plant species are
required. All non-residential development applications shall include a landscape
plan as part of compliance review. The plan shall include the areas of natural
vegetation to be protected, location and species of all plants to be installed, and
an irrigation plan.
(7) Signs. Site signage is limited to one freestanding monument sign per
development parcel, scaled primarily for pedestrians, and not to exceed 100
square feet in area and 12 feet in height, except for multi-tenant development
where the sign may be up to 300 square feet. Sign colors, materials, and lighting
shall avoid adverse visual impacts on surrounding properties. Wall signs shall

LDC 3:75
Supp 15
 not obstruct design details, windows, or cornices of the buildings to which they
are attached.
(8) Lighting. Lighting in the overlay district should serve to illuminate facades,
entrances and signage to provide an adequate level of personal safety while
enhancing the aesthetic appeal of the buildings. Building and signage lighting
must be indirect, with the light source hidden from direct pedestrian and motorist
view.
(9) Parking. Parking in the overlay district must adequately serve the users without
detracting from the compact design that makes it a successful commercial
center. Off-street parking must be located in the rear. If the lot orientation
cannot accommodate adequate rear parking, parking on the side would then be
permitted.
(10) Buffers and screening of outdoor storage. All outside storage must be
screened from public view. The screening must use the same materials, color,
and/or style as the primary building for architectural compatibility with the primary
building and the building it is adjacent to. If the outside storage area is separate
from the building it serves the following shall apply:
a. Type. Only fences constructed of legitimate fencing materials (may or may
not be opaque) or masonry, concrete or stucco walls may supplement buffers.
Specifically, garage doors and sheets of roofing material do not qualify for
fencing or wall materials.
b. Screening of outdoor storage. Opaque fencing shall mean chain link fence
with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot
concrete or stucco wall may also be used to screen outdoor storage.

Sec. 3-3.7 Scenic Highway Overlay (SH-OL).

(a) Purpose. The Scenic Highway Overlay (SH-OL) district establishes supplemental
land use regulations to support the Pensacola Scenic Bluffs Highway Master Plan.
The intent of the additional land use controls is to further the objectives of the plan,
especially its protection of the unique scenic vista and environmental resources of
the U.S. Highway 90 corridor and adjacent Escambia Bay shoreline. Controls
established by the overlay work to alleviate the harmful effects of erosion and runoff
caused by clearing natural vegetation and changing existing contours within the
corridor, and to preserve the bluffs, wetland areas and scenic views along the bay
for continued public access to and enjoyment of those views.
(b) Boundary. The Scenic Highway Overlay district includes all parcels adjoining the
west side of the Pensacola Scenic Bluffs Highway (U.S. Highway 90 or Scenic
Highway) and all property between the highway and Escambia Bay on the east side
of the highway, north from the Pensacola city limit along the highway for
approximately five miles to the county line at Escambia River.
(c) Permitted uses. All of the uses permitted within the underlying zoning districts are
permitted, subject to the site and building requirements of the overlay district.

LDC 3:76

Supp. 15
(d) Site and building requirements.
(1) Structure height. Structures between Scenic Highway and Escambia Bay shall
have a maximum height of 35 feet as measured from the highest adjacent grade.
Non-residential uses may exceed the height limit if granted conditional use
approval by the Board of Adjustment. In addition to the other conditional use
criteria, the requested height must be found not to interfere with the scenic
attractiveness of the location as viewed from any plausible direction, and for
every two feet in height over 35 feet, there shall be an additional one foot of front
and side setback at the ground level.
(2) Lot coverage. Maximum land area coverage by all structures, parking areas,
driveways and other impervious surfaces shall not exceed 50 percent of the
gross site area.
(3) Setback. All structures shall be located a minimum of 35 feet from the Scenic
Highway right-of-way unless precluded by lot configuration or topography. For
purposes of this section, the term structures includes walls, posts, ornaments,
decorations, decorative items, statues, sculptures, lights, light fixtures,
landscaping, and all other customary yard accessories.
(4) Building separation. The minimum distance between structures shall be 15
feet, and there shall be at least 100 feet between single-family dwellings and
multi-family dwellings, residential group living, or public lodging.
(5) Multi-use path. Based on the corridor management plan, a multi-use path on the
east side of Scenic Highway is intended to run the full length of the corridor within
the right-of-way, but at the maximum distance possible from the roadway
pavement. Developers of property within the overlay are encouraged to
maximize the innovative integration of a path extension into their development,
but outside of the right-of-way on public property or on easements donated by
private property owners.
(6) Tree protection.
a. A canopy tree protection zone is hereby established for all land within 20 feet
of the right of way of Scenic Highway and Highway 90 from the Pensacola
city limit to the Santa Rosa County line. No person or agency shall cut,
remove, trim or in any way damage any tree in the canopy tree protection
zone without a permit. Except in unique cases, permitted pruning shall not
remove more than 30 percent of the existing tree material. Utility companies
are not permitted to prune more than 30 percent of the existing tree canopy.
b. Heritage Oak trees shall be preserved.
c. Clearing of natural vegetation within the corridor shall require a land
disturbance permit and is generally prohibited except for the minimum area
needed for construction of allowable structures or view enhancement.
(7) Landscaping. For developments otherwise subject to LDC landscaping
requirements, a minimum 10-foot wide landscaped strip shall be required along
any Scenic Highway frontage, and shall contain one tree for every 35 linear feet
of frontage. The trees shall be of sufficient height at planting such that a six-foot
view shed exists at planting. Preservation of existing plant communities within the
required landscaped areas can be used to satisfy these requirements.

Supp. 13
LDC 3:77
 (8) Orientation of non-residential buildings. Orientation of non-residential
buildings shall be away from residential development within or adjacent to the
district. Layout of parking and service areas, access, landscaping, yards, courts,
walls, signs, lighting and control of noise and other potentially adverse influences
shall be such as to promote protection of such residential development, and will
include adequate buffering.
(9) Fences. No fence within the overlay may be solid. No chain link fence shall be
located between Scenic Highway and the principal building. Any other type of
fence in this area shall not exceed three feet. Where single story structures are
higher than the roadbed, there should be no wall, fence, structure or plant
material located between the front building line and the roadbed that will obstruct
the view from automobiles on the scenic route.
(10) Structure location. All structures will be reviewed to assure conformance with
the following criteria:
a. The location shall afford maximum views of the bay from the street right-of-
way.
b. The location shall minimize impact on the natural bluff and plant material
(other than pruning to enhance views).
c. Provide underground utilities.
Sec. 3-3.8 Warrington Overlay (Warr-OL).
(a) Purpose. The Warrington Overlay (Warr-OL) district establishes supplemental land
use regulations to support the objectives of the adopted Warrington area community
redevelopment plan. The intent of the additional land use controls is to enhance the
character of an area undergoing revitalization, especially along those commercial
corridors that provide primary access or gateways to the adjoining military
installations within the Warrington area.
(b) Permitted uses. Within the Warr-OL district, the permitted uses of the underlying
zoning districts are limited by the following:
(1) Mix of uses. For any mix of residential and non-residential uses within the same
building, the non-residential uses shall occupy the first or bottom floor and the
residential uses shall occupy the second or upper floors.
(2) Separation of same uses. Any two locations of the same use shall be
separated by at least 2500 feet as measured between the closest points of the
two property boundaries for the following uses:
a. Bars and nightclubs.
b. Check cashing services.
c. Convenience stores.
d. Pawnshops.
e. Retail sales of alcohol for off-premises consumption.
f. Tattoo parlors.
(c) Conditional uses. The Warr-OL district does not modify the conditional uses of any
underlying zoning districts except for those uses prohibited by the overlay and the
requirement that uses be separated as required for permitted uses within the
overlay.
(d) Prohibited uses. The following uses are prohibited in the Warr-OL district
regardless of their status in any underlying zoning district:

LDC 3:78
Supp 13
 (1) Manufactured (mobile) homes. The construction of modular homes is not
prohibited.
(2) Manufactured (mobile) home subdivisions or parks.
(Ord. No. 2015-21, § 1, 7-7-15)
(e) Non-residential site and building requirements. The site and building
requirements of non-residential uses within the Warr-OL are modified as follows:
(1) Structure height. New buildings, additions and redeveloped buildings shall
complement the existing pattern of building heights. No structure shall exceed
45 feet in height and any lower height required by the underlying zoning district
shall govern.
(2) Setbacks. New construction must maintain the existing alignment of facades
along the street front. Exceptions may be granted if the setback is pedestrian
oriented and contributes to the quality and character of the streetscape.
(3) Materials and detailing. New structures, additions and renovations shall be
constructed to be long-lasting and use materials and detailing that maintain the
distinct character and harmony of the Warrington Community Redevelopment
District. Vinyl or metal siding is prohibited on the primary facades of buildings
adjacent to public rights-of-way. All accessory structures shall use the same
materials, color, and/or style of the primary façade if visible from a public way.
(4) Facades.
a. Front façade. A front building facade more than 80 feet in width shall be
divided into increments by changes in materials, bay windows, wall offsets, or
similar methods.
b. Rear façades. A minimum of 15 feet of a building’s rear façade facing a
public right of way, parking area, or open space shall consist of transparent
materials, not including reflective glass.
(5) Awnings. Awnings are encouraged to enhance the character of Warrington while
providing sun protection for display windows, shelter for pedestrians, and a sign
panel for businesses.
(6) Natural features. Natural features shall be protected and integrated into site
design/development where possible. The applicant shall demonstrate how the
development protects and incorporates existing vegetation.
(7) Landscaping. Water conservation is encouraged through proper landscape
plant selection, installation and maintenance practices. Native plant species are
required. All non-residential development applications shall include a landscape
plan as part of compliance review. The plan shall include the areas of natural
vegetation to be protected, location and species of all plants to be installed, and
an irrigation plan.
(8) Buffers and screening of outdoor storage. All outside storage must be
screened from public view. The screening must use the same materials, color,
and/or style as the primary building for architectural compatibility with the primary
building and the building it is adjacent to. If the outside storage area is separate
from the building it serves the following shall apply:
1. Type. Only fences constructed of legitimate fencing materials (may or may
not be opaque) or masonry, concrete or stucco walls may supplement buffers.

LDC 3:79
Supp 15
 Specifically, garage doors and sheets of roofing material do not qualify for
fencing or wall materials.
2. Screening of outdoor storage. Opaque fencing shall mean chain link fence
with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot
concrete or stucco wall may also be used to screen outdoor storage.
(9) Signs. Site signage is limited to one freestanding monument sign per
development parcel, scaled primarily for pedestrians, and not to exceed 100
square feet in area and 12 feet in height, except for multi-tenant development
where the sign may be up to 300 square feet. Sign colors, materials, and lighting
shall avoid adverse visual impacts on surrounding properties. Wall signs shall
not obstruct design details, windows, or cornices of the buildings to which they
are attached.
(10) Lighting. Lighting in the overlay district should serve to illuminate facades
entrances and signage to provide an adequate level of personal safety while
enhancing the aesthetic appeal of the buildings. Building and signage lighting
must be indirect, with the light source(s) hidden from direct pedestrian and
motorist view.
(11) Parking. Parking in the overlay district must adequately serve the users without
detracting from the compact design that makes it a successful commercial
center. Off-street parking must be located in the rear. If the lot orientation cannot
accommodate adequate rear parking, parking on the side will be permitted.
(12) If within HC/LI zoning. Development within the HC/LI zoning district is subject to
the following design standards.
a. Landscaping. A minimum 10-foot wide landscaped strip is required on all
roadway frontages. The strip shall contain one tree and 10 shrubs for every
35 linear feet of frontage. Preservation of existing plants within the required
landscaped areas can be used to satisfy this requirement. Buffers required
adjacent to residential districts shall include a minimum of two trees and 15
shrubs for every 35 linear feet of required buffer length.
b. Vehicular use areas. Areas other than public rights-of-way, designed to be
used for parking, storage of vehicles for rent or sales, or movement of
vehicular traffic, shall be separated by a minimum five-foot wide landscaped
strip from any boundary of the property on which the vehicular use area is
located. The strip shall contain shrubs or ground covers with a minimum
mature height of 24 inches and a maximum height of 30 inches. Plant
material shall be spaced 18 inches to 24 inches apart, depending on mature
size.
c. Parking lots. Interior parking areas shall have one landscape island
containing at least one tree and shrubs or ground covers as per the above
specifications, for every eight contiguous spaces.
d. Irrigation system. An irrigation system shall be installed for all landscaped
areas of the site. All systems shall include rain sensors and all system
materials used shall be ASTM approved.
e. Existing development. Any change of use to a HC/LI use within the overlay
district must meet the above standards.

Supp. 15
LDC 3:80
 (f) Rezonings. Rezoning of Commercial zoned property to a more intense zoning district is
prohibited if located on an arterial roadway.
(Ord. No. 2017-65,§, 2 11-30-2017; Ord No. 2018-xx, §,1, 4-5-2018)

Sec. 3-3.9 Perdido Key Towncenter Overlay (PK-OL)

(a) Purpose. The Perdido Key Towncenter Overlay (PK-OL) district establishes
supplemental development regulations to support the objectives of the adopted
Perdido Key Master Plan. The intent of the additional regulations is to:
(1) Enhance the character of the compact urban area undergoing revitalization into a
walkable, attractive urban place that supports a mix of uses,
(2) Provide for walkable streetscapes where active building frontages address
sidewalks.
(3) Provide for efficient vehicle and service access without undermining walkability.
(4) Enhance the existing development fabric and provide an improved public realm.
(5) Promote small-scale, incremental development, alongside larger development.
(6) Discourage commercial strip development that breaks the urban street fabric and
negatively impacts the pedestrian environment.
(b) Permitted uses. The following uses are modified as noted throughout the PK-OL
district:
(1) Sidewalk retail sales and displays as special events regulated by the temporary
use provisions in Chapter 4, Article 7 are allowed only if accessory to the
permitted retail use within PK-OL and conducted immediately adjacent to the
principal business for no-more than 60 days within a calendar year.
(c) Conditional uses. The following uses, if allowed as conditional use by the
underlying zoning district, are modified as noted throughout the PK-OL district:
(1) Motor vehicle service and repair is prohibited.
(d) Block configurations. To develop the PK-OL district as an urban pedestrian-
oriented area that facilitates pedestrian movement and ensures the accommodation
of different types of uses, new blocks shall be human-scaled and comply with the
following:
(1) Blocks shall have a maximum perimeter of 2,000 feet as measured along the
public street right-of-way perimeter. Any deviation from this standard shall
require the approval of the Planning Official, but block perimeters that include
civic space or environmental challenges (e.g., wetlands, Habitat Conservation
Plan area) may be exempted.
(2) Where mid-block pedestrian passages are provided that are continually open to
the public and connect two public streets, the block perimeter shall be measured
from public rights-of-way to the mid-block pedestrian connections.
(3) Mid-block pedestrian passages in mixed-use and commercial areas shall be a
minimum of 12 feet wide. They may be hardscaped or softscaped and shall be
well lit for security and comfort purposes.
LDC 3:81

Supp. 15
(e) Lot standards. The following lot standards shall apply to new lots created within
PK-OL and shall supersede the underlying zoning district:
(1) Minimum lot widths are reduced for residential uses as follows:
a. Single-family detached lots: 30 feet.
b. Townhouse lots: 16 feet.
c. Multi-family lots: 72 feet.
(2) Lots shall front on a minimum of one public right-of-way (vehicular or pedestrian)
or civic space.
(f) Building requirements. The following building requirements apply within PK-OL
and shall supersede the underlying zoning district:
(1) Setbacks.
a. A minimum front setback of five feet is permitted for all retail uses, live-works
and townhouses. A minimum front setback of ten feet is permitted for all other
uses. However, where buildings exist on adjacent lots, the Planning Official
may require that a proposed building match one or the other of the adjacent
setbacks if those setbacks establish a dominant pattern.
b. Front porches, stoops, bay windows and balconies are permitted to extend
beyond the structure setback line and may encroach to within five feet of the
property line. Steps leading to a front porch or stoop may encroach further,
but not beyond the property line or onto public sidewalks. Galleries and
arcades may encroach into the public sidewalk, in coordination with, and
upon approval from the Department of Public Works.
(2) Frontages. Maintaining a consistent street-wall is a fundamental component for
a vibrant and interesting pedestrian life and a coordinated public realm. Retail
buildings closely aligned to the street edge, with consistent setbacks, provide a
clear sense of enclosure to streets, enabling them to function as human-scaled,
outdoor rooms. The placement of the building and design of the facade along the
street edge should be given particular attention, as it is that portion of a building
that is the primary contributor to pedestrian activity.
a. Buildings shall be oriented so that the principal façade is parallel or nearly
parallel to the primary street it faces for the minimum building frontage
requirements.
b. Minimum building frontage requirements shall be as follows.
(1). MDR-PK & HDR-PK: 50 percent at front setback line
(2). Com-PK: 60 percent at front setback line
(3). CC-PK: 70 percent at front setback line
(4). Rec-PK: none
c. Forecourts, courtyards and other such defined open spaces shall count
towards minimum frontage build-out requirements.

LDC 3:82
 d. Building projections, such as arcades, galleries, terraces, porches and
balconies shall count towards the minimum frontage buildout requirements.
f. Exceptions to minimum frontage requirements may be permitted for lots that
are constrained due to environmental conditions but shall require approval by
the Planning Official. Permitted exceptions shall include:
(1). Streetscreen: a maximum of six feet high with a minimum 50% open
above three feet.
g. Landscape buffers: a minimum of three feet high at planting.
h. Stoops shall be a minimum of five feet wide.
i. Awnings on storefronts shall be a minimum of four feet deep. Adjustable roll-
up awnings are encouraged.
j. Porches shall be a minimum of six feet deep.
k. Upon development or redevelopment of a lot, the property owner shall
coordinate private frontage improvements with the public frontage as needed
to conform to the Perdido Key Master Plan.
(4) Building orientation and entries.
a. Building orientation shall match the building it faces across a street, or open
space such that the front of a building faces the front or side of buildings,
except in instances when it faces existing buildings. Avoid facing building
fronts to the rear of other buildings.
b. Buildings shall have their principal pedestrian entrance along a street,
pedestrian passage or open space with the exception of entrances off a
courtyard, visible from public right-of-ways.
c. All buildings with residential uses at grade shall be raised above the level of
the sidewalk by a minimum of two feet, as measured from the average
sidewalk elevation.
d. Residential buildings with ground-floor units shall provide landscaping, walls,
fences, stoops or similar elements to provide an attractive and private
frontage to the building.
e. Multi-family buildings shall provide protection from the elements with
canopies, marquees, recesses or roof overhangs.
f. All service and loading areas shall be entirely screened from public right-of-
way.
g. Townhouses shall distinguish each unit entry with changes in plane, color,
materials, front porches or front stoops and railings.
h. Walls, landscaping, hedging, or fencing, when used in front yards shall not
exceed three feet in height.
i. Front yards of single-family dwellings may be unified into one common yard
and treated as a single yard for the entire building.

LDC 3:83
(5) Building massing, materials and details. Buildings should be designed in
proportions to reflect human pedestrian-scale and movement, and to encourage
interest at the street level. The following standards apply to all buildings:
a. Buildings over 100 feet long shall be broken down to a scale comparable to
adjoining properties, by articulating the building in plan or elevation. Varied
pattern of window openings shall be encouraged for larger buildings.
b. HVAC and mechanical equipment shall be integrated into the overall building
design and not be visible from adjoining streets or open spaces. Through-wall
units or vents are prohibited along street frontages and open spaces unless
recessed within a balcony.
c. Rooftop equipment shall be concealed by a parapet or screened
architecturally with materials or elements consistent with the building design
and designed to minimize its overall impact.
d. The facades of mixed-use buildings shall differentiate commercial uses from
residential uses with distinguishing elements and expression lines,
architectural projections, changes in windows or materials.
e. Vinyl or metal siding is prohibited on the primary facades of buildings adjacent
to public rights-of-way.
f. Buildings should shade fenestration facing south and west by means of
elements such as roof overhangs, arcades, porches, awnings, loggias, or
balconies.
g. Accessory structures shall use the same or similar materials, color and style
of the primary structure’s façade if the accessory structure is visible from a
public right-of-way.
h. Window openings in masonry or stone walls shall recess into the thickness of
the building wall.
i. All outdoor storage and building utility equipment must be screened from
public view. The screening must use the same materials, color and style as
the primary building for architectural compatibility with the primary building
and the building it is adjacent to. If the outdoor storage area is separate from
the building it serves, the fence materials are limited to masonry, concrete,
stucco, wood, PVC, and metal, excluding chain link.
(6) Storefronts and dining establishments. Retail storefronts should be
architecturally articulated through the varied use of high-quality durable
materials, colors, display windows, entrances, awnings, and building signs; and
their glazing, doors, and signage should be conceived as a unified design.
Outdoor dining areas for food and beverage establishments are encouraged, with
the tables, chairs, planters, trash receptacles and other elements of street
furniture compatible with the architectural character of the building. The following
standards apply to storefronts and outdoor dining:
a. Retail shops shall provide a minimum of 16 feet of height from floor to floor.

LDC 3:84
 b. Retail shops shall provide a minimum of 70% glazing (void to solid ratio of
surface area along primary facades at the ground level. Exceptions based on
architectural merit may be granted by the Planning Official.
c. Scale and configuration of large format retail buildings shall be compatible
with the massing and urban character of adjacent buildings.
d. Opaque, smoked, and reflective glass on storefront windows is prohibited
unless limited to use as accent materials.
e. Retail storefront materials at ground level shall be stone, brick, concrete,
metal, glass, and/or wood.
f. Awnings and canopies shall have a minimum depth of three feet and provide
at least eight feet of clearance above the sidewalk.
g. Outdoor dining areas on sidewalks, including within courtyards and public
right-of-ways are allowed subject to the following standards and guidelines:
(1). Outdoor dining areas shall be separated from public walkways and
streets using railings, wrought-iron fences, planters, landscaping and other
suitable materials such that a minimum unobstructed pedestrian path of at
least six feet wide is allowed along public right-of-ways.
(2). Access to store entrances shall not be impaired.
(g) Parking. The needs of pedestrians, cyclists, and transit users shall be balanced
with necessary parking. Parking should accommodate the minimum number of
spaces necessary to support the uses it serves to support active and walkable
transit-oriented development, not degrade the public realm, and remain compatible
with surrounding neighborhoods. The following parking requirements apply within
PK-OL and shall supersede the underlying zoning district:
(1) Spaces required. Required off-street parking shall comply with the following
requirements:
a. The number of parking spaces for residential, government, and public utility
uses shall be as per their underlying zoning district.
b. Retail sales and services shall be permitted up to a 20% reduction in parking
requirements in order to encourage redevelopment. Where permitted, on-
street parking along all property lines shall count towards this parking
requirement.
c. Liner uses that line parking structures or lots with a depth of 30 feet or less
shall be exempt from parking requirements.
d. A minimum of one bicycle rack for bicycle parking shall be required for every
20 vehicular spaces.
(2) Single-family detached and two-family. Residential parking location for single-
family detached and two-family dwellings shall comply with the following:
a. Parking for residential uses shall be located in the rear or side of the lot, or
within a garage.

LDC 3:85
 b. Front-facing attached garages shall be set back at least twenty feet from the
primary front façade and not exceed 40 percent of the width of that façade.
c. Lots greater than 60 feet may be exempt from this requirement.
d. If the lot orientation or the location of critical habitat cannot accommodate rear
or side parking, parking in the front may be permitted.
e. If the floodplain elevation requires raising the townhouse a minimum of six
feet, up to 50% of the townhouse frontage may be used for parking
purposes.
(3) Townhouses and multi-family. Residential parking location for townhouses
and multi-family shall comply with the following:
a. Where alleys are provided, parking shall be accessed from the alleys. Where
alleys are not provided, parking may be provided in shared parking courts in
the rear yards or side yards if adequately screened or landscaped from view
from the street. Parking for properties abutting the CCL shall be permitted to
provide parking in the front if adequately screened or landscaped from view
from the street.
b. Shared parking through an easement or common ownership among
contiguous properties is encouraged. Curb cuts for such shared parking shall
be limited to one 20-foot wide access.
c. If the lot orientation or the location of critical habitat cannot accommodate rear
or front parking, parking in the front may be permitted.
d. If the food plain elevation requires raising the townhouse a minimum of six
feet, up to 50% of the townhouse frontage may be used for parking purposes.
e. If parking is provided in the front for multi-family buildings only, liner buildings
or landscaping shall be used to screen parking from view from the street.
(4) Non-residential. Non-residential parking location shall comply with the following
requirements:
a. Where alleys are provided, parking shall be accessed from the alleys. Where
alleys are not provided, parking may be provided in shared parking courts in
the rear yards or side yards if adequately screened or landscaped from view
from the street.
b. Shared parking through an easement or common ownership among
contiguous properties is encouraged, but curb cuts for such parking shall be
limited to one 20-foot wide access.
c. If the lot orientation or the location of critical habitat cannot accommodate rear
parking, parking on the side may be permitted.
d. If parking can only be provided in the front, liner buildings or landscaping shall
be used to screen parking from view from the street.

LDC 3:86
 (5) Above-grade structures. Above-grade parking structures, or portions of
underground parking that protrude above grade shall comply with the following
requirements:
a. Street-facing facades of parking structures shall be concealed by liner
buildings with a minimum depth of 20 feet or be screened on all levels so as
to provide the appearance of an occupied use.
b. Internal elements of parking structures such as pipes, fans and lights shall be
concealed from public view.
c. Pedestrian access into above-grade parking structures shall be directly from a
street or public frontage for non-residential uses.
d. In order to enhance and protect environmental sensitive lands and protected
species, the Planning Official can incentivize development of above-grade
structures within the HDR-PK zoning district, only if the following conditions
exist:
1. Parcels are under single ownership.
2. Structure is part of a Master Plan.
3. Structure is an amenity to commercial development.
(6) Access and design. Shared access driveways are encouraged and access to
and design of parking shall comply with the following requirements:
a. Access to parking structures shall be limited to the side or rear of the
structures where possible.
b. Parking entrances shall not face common open spaces.
c. Driveways for access to LDR-PK and MDR-PK lots shall be a maximum of 10
feet wide. Driveways for access to all other lots shall be a maximum of 20
feet wide.
d. In addition to other landscaping requirements, a minimum of 5 percent of the
surface parking area shall be landscaped area within the parking and a
minimum of one shade tree must be provided for every 20 vehicular parking
spaces.
(h) Common open space. As an important component of the public realm, common
open spaces ranging in size and character will positively contribute to the vitality of
the urban environment, enrich the civic spirit of a community and reinforce the area’s
habitat biodiversity and ecology. Common open space requirements for PK-OL shall
be as follows:
(1) Common open spaces shall be visible with a minimum of one side bordering a
street unless constrained by natural conditions. Open spaces shall be entered
directly from a street.
(2) Paving within common open spaces should consist of pervious or impervious
materials such as scored concrete, concrete pavers, stone, brick or gravel.

LDC 3:87
 (3) Common open space shall contain benches, trash receptacles and bike racks, in
keeping with the scale of the space. All furnishings shall meet applicable county
standards.
(4) Landscaping within common open space shall comply with the standards of the
LDC. Plants within common open spaces should require minimal maintenance
and be horticulturally acclimatized to the region.
(i) Landscaping. The general landscaping standards Chapter 5, Article 7 of apply
within PK-OL. However, natural features within the overlay shall be protected and
integrated into site development where possible, and water conservation is
encouraged through proper landscape plant selection, installation and maintenance
practices.
(j) Lighting. Exterior lighting should serve to illuminate facades, entrances, and
signage, and provide an adequate level of personal safety while enhancing the
aesthetic appeal of buildings. The following lighting requirements within PK-OL
supplement the general lighting standards in Chapter 5, Article 9 and supersede
those standards where more restrictive:
(1) Building and signage lighting shall be indirect, with the light source hidden from
direct pedestrian view.
(2) Street lights shall be designed to minimize light spillover.
(3) Where located along or next to residential buildings, street lights shall have a
maximum height of 12 feet and have shields to prevent upward cast lighting.
(4) High pressure sodium and metal halide lamps are prohibited.
(k) Signage. The intent of regulating signs that are visible from the public frontage is to
ensure proper dimensional and placement with respect to the aesthetic character of
the place or building in which they are located, to maintain or improve public safety,
and to provide legible information for pedestrian, not just drivers. The following
requirements within PK-OL supplement the general sign standards in Chapter 5,
Article 8 and supersede those standards where more restrictive:
(1) Street lights shall be designed to minimize light spillover. Where located next to
residential uses, streetlights shall include shields as needed to prevent lighting
from directly entering residential windows. Upward cast stray lights shall also be
excluded or significantly limited through fixture reflection/refraction or shielding.
(2) Street lights shall be placed to avoid conflict with street trees and sidewalks, and
shall be placed to be convenient to service.
(3) Signs with the following features shall be prohibited:
a. Animated signs
b. Moving or flashing signs, including, but not limited to search lights, streamers
and spinners.
c. Inflatable signs, such as but not limited to balloons and gas-inflated signs.
d. Portable signs, except for sidewalk signs.
e. Other signs prohibited in Chapter 5, Article 8.
(4) Permitted signs shall be restricted according to Table PK-OL-1 for:

LDC 3:88
 a. The number of signs / sign type
b. The area of the sign
c. The text height of sign
(5) Signs are subject to removal in accordance with Table PK-OL-1, and as follows:
a. Signs permitted for a permanent period (P) are not subject to removal on the
basis of a permitted period.
Signs permitted for a period of occupancy (O) shall be removed within 14
days of the end of occupancy.
b. Signs permitted during business hours (B) shall be removed during all hours
the establishment is not in operation.
c. Any moveable signs should be removed from outdoor spaces during high
winds or other weather conditions that might pose a hazard to public safety.
(6) All signs shall provide the following clearances except where specified otherwise:
a. Eight feet over pedestrian ways
b. 13.5 feet over vehicular ways and parking aisles.
(7) Illuminated signs are permitted as follows:
a. Fixtures shall be shielded to prevent glare.
b. All signs must be illuminated by a light source external to the sign.
c. Internal sign illumination is limited to window and wall signs within storefronts.
d. Neon may be used on storefronts, on canopy signs and wall signs.
(8) Specific to address signs:
a. Address signs shall be constructed of durable materials.
b. Address signs shall be attached to the front of the building, in proximity to the
principal entrance or mailbox.
c. Address signs shall be easily visible by using colors or materials that contrast
with their background.
(9) Specific to wall signs:
a. All business shall be permitted one wall sign for each first story façade.
b. Wall signs shall include only letters, background, lighting and an optional
logo. They shall not list products, sales or other promotional messages.
c. Wall signs shall not be wider than 90% of the width of the building façade or
tenant space. They should be vertically aligned with the center of an
architectural feature such as a storefront window, entry portal or width of a
retail bay.
d. Wall signs shall not obstruct design details, windows or cornices of the
buildings to which they are attached. For individual tenants in a multi-tenant
development, wall signs should not exceed 20 square feet per sign.
e. Wall signs shall not project vertically above the roof line.
f. Wall signs may be illuminated from dusk to dawn or during hours permitted by
the lighting ordinance.
g. If cut-out letters are used, they shall be individually attached to the wall or on
a separate background panel, and shall be externally illuminated.
h. Electrical raceways, conduits and wiring shall not be exposed, but be
contained completely within the sign assembly.

LDC 3:89
 i. Where multiple band signs are present on a single building (i.e.: separate
retail tenants), signage shall be coordinated in terms of scale, placement,
color and materials.
(10) Specific to marquee signs:
a. Marquee signs are only permitted for civic and assembly uses.
b. Marquee signs may project to within three feet of curbs.
c. No portion of a marquee shall be lower than 10 feet clear.
(11) Specific to projecting signs:
a. Projecting signs may be double-sided.
b. Projecting signs may project up to four feet from facades.
c. Text and graphics on the projecting sign shall be limited to the name and/or
logo of the business.
d. Projecting signs shall not encroach above the roof line.
e. For buildings with multiple signs, mounting hardware and sign shapes, sizes
and colors shall be coordinated.
(12) Specific to sidewalk signs:
a. Sidewalk signs shall not exceed 42 inches in height and 30 inches in width.
b. Sidewalk signs shall not be located within three feet of a curb.
(13) Specific to window signs:
a. Letters may be painted directly on the window.
b. Neon or hanging signs may be hung behind the glass.
c. Vinyl applique letters applied to windows are permitted. Appliques shall
consist of individual letters or graphics with no visible background.
d. Window signs shall not interfere with the primary function of windows which is
to enable passersby to see through windows into premises and view product
displays.
(14) Specific to corner signs:
a. Corner signs are only permitted at building corners where each façade abuts
a frontage.
b. Corner signs may extend up to six feet above eaves or parapets.

(l) Sidewalks & Crossings: The design of the public realm, including sidewalks,
crossings and other pedestrian amenities is intended to provide opportunities for a
comfortable pedestrian circulation and an enhanced visual interest.
(1) Pedestrian crossings shall be at a maximum 600 feet spacing along commercial
areas and a maximum ¼ mile spacing within the PK-OL.
(2) Sidewalks shall be provided on each block and shall be continuous on each side
of the street, which has adjacent development.
(3) Sidewalks shall align with one another and connect to open space trails and
paths, providing an unbroken circulation system.
(4) Except in open spaces, sidewalks shall be placed adjacent to the street with
openings in the sidewalk to accommodate tree wells and/or landscape strips.
Pedestrian paths through open spaces and mid-block passages shall serve as
extensions to the street sidewalk system.
(5) New sidewalks shall be a minimum width of six feet clear. Greater sidewalk
widths shall be provided where retail is located.

LDC 3:90
LDC 3:91
LDC 3:92
LDC 3:93
Article 4 Perdido Key districts.
Sec. 3-4.1 Purpose of article.
This article establishes the zoning districts that apply to all areas of Perdido Key under
the jurisdiction of the BCC. Each district establishes its own permitted and conditional
land uses, site and building requirements, and other provisions consistent with the
stated purposes of the district, the adopted Perdido Key Master Plan and the Mixed-Use
Perdido Key (MU-PK) future land use category. In addition to the dwelling and lodging
unit density limits of MU-PK, district provisions are subject to all other applicable
provisions of the LDC and may be modified by the requirements of the Perdido Key
Towncenter Overlay (PK-OL) district as prescribed in Article 3.

Sec. 3-4.2 Low Density Residential district, Perdido Key (LDR-PK).

(a) Purpose. The Low Density Residential (LDR-PK) district establishes appropriate
areas and land use regulations for residential uses at low densities and limited non-
residential uses that are compatible with the residential neighborhoods and natural
resources of the island.
(b) Permitted uses. Permitted uses within the LDR-PK district are limited to the
following:
(1) Residential.
a. Single-family detached dwellings, excluding manufactured (mobile) homes.
b. Two-family dwellings.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services.
(4) Public and civic.
a. Places of worship.
b. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment. Marinas, private only. See also conditional
uses in this district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the LDR-PK district:
(1) Residential. Home occupations with non-resident employees.
(2) Public and civic.
a. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
b. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.

LDC 3:94
 (3) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks, public.
c. Recreational facilities, public.
(d) Site and building requirements. The following site and building requirements
apply to uses within the LDR-PK district:
(1) Density. A maximum density of two dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum building height of 35 feet above the habitable first
floor. However, the roof of an accessory boathouse shall not exceed 20 feet
above mean sea level.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses, and minimum
open space of 35 percent of total parcel area.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in the front. Ten percent of the lot depth in
the rear, but not required to exceed 25 feet.
b. Sides. On each side, ten feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.

Sec. 3-4.3 Medium Density Residential district, Perdido Key (MDR-PK).

(a) Purpose. The Medium Density Residential (MDR-PK) district establishes
appropriate areas and land use regulations for residential uses at medium densities
and non-residential uses that are compatible with the residential neighborhoods and
natural resources of the island.
(b) Permitted uses. Permitted uses within the MDR-PK district are limited to the
following:
(1) Residential.

LDC 3:95
 a. Single-family dwellings, attached or detached, including townhouses but
excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. No retail sales.
(3) Retail services. Child care facilities.
(4) Public and civic.
a. Kindergartens.
b. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq. ft. or less per lot).
c. Places of worship.
d. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment. Marinas, private only. See also conditional
uses in this district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the MDR-PK district:
(1) Residential. Home occupations with non-resident employees
(2) Public and civic.
a. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
b. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.
(3) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks, public.
c. Recreation facilities, public.
(d) Site and building requirements. The following site and building requirements apply
to uses within the MDR-PK district:
(1) Density. A maximum density of 4.5 dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum building height of four stories. However, an
additional story may be utilized for parking in areas that clustering of
development is necessary for permitting through the Perdido Key Habitat
Conservation Plan.
(4) Lot area. No minimum lot area unless prescribed by use.

LDC 3:96
 (5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
c. Townhouses and Multi-family. Twenty feet at the street right-of-way for
townhouses and one hundred feet at the street right-of-way for multi-family
dwellings. No minimum lot width required by zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses, and minimum
open space of 35 percent of total parcel area.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in the front for single and two-family
dwellings, and fifteen feet for all other structures. Ten percent of the lot depth
in the rear, but not required to exceed 25 feet.
b. Sides. Ten feet at each end unit of a townhouse group. On each side of all
other structures, five feet or 10 percent of the lot width at the street right-of-
way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.

Sec. 3-4.4 High Density Residential district, Perdido Key (HDR-PK).

(a) Purpose. The High Density Residential (HDR-PK) district establishes appropriate
areas and land use regulations for residential uses at high densities with compatible
low intensity office and other retail service facilities.
(b) Permitted uses. Permitted uses within the HDR-PK district are limited to the
following:
(1) Residential.
a. Single-family dwellings, attached or detached, including townhouses but
excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. No retail sales.
(3) Retail services. Small scale (gross floor area 6000 sq.ft. or less per lot) retail
services limited to the following:
a. Child care facilities.
b. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.

LDC 3:97
 c. Restaurants, including on-premises consumption of alcoholic beverages, if
part of a condominium development offering resort-style amenities (e.g.,
swimming pools, spa, fitness center, salon, retail shops, clubhouse, water
sports, tennis, golf).
(4) Public and civic.
a. Kindergartens.
b. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
c. Places of worship.
d. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment. Marinas, private only. See also conditional
uses in this district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the HDR-PK district:
(1) Residential. Home occupations with non-resident employees.
(2) Public and civic.
a. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
b. Public utility structures exceeding the district structure height limit, excluding
telecommunications towers.
(3) Recreation and entertainment.
a. Golf courses, tennis centers, swimming pools and similar active outdoor
recreational facilities, including associated country clubs.
b. Parks, public.
c. Recreation facilities, public.
(d) Site and building requirements. The following site and building requirements apply
to uses within the HDR-PK district:
(1) Density. A maximum density of 12 dwelling units per acre.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum building height of eight stories. However, two
additional stories may be utilized for parking in areas that clustering of
development is necessary for permitting through the Perdido Key Habitat
Conservation Plan.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:

LDC 3:98
 a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
c. Townhouses and multi-family. Twenty feet at the street right-of-way for
townhouses. One hundred feet at the street right-of-way for multi-family
dwellings. No minimum lot width required by zoning for other uses.
(6) Lot coverage. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all uses, and minimum
open space of 35 percent of total parcel area.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front for single and two-family dwellings,
and ten feet for all other structures. Ten percent of the lot depth in the rear,
but not required to exceed 25 feet.
b. Sides. Ten feet at each end unit of a townhouse group. On each side of all
other structures, five feet or 10 percent of the lot width at the street right-of-
way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.

Sec. 3-4.5 Commercial district, Perdido Key (Com-PK).

(a) Purpose. The Commercial district (Com-PK) establishes appropriate areas and
land use regulations primarily for the retailing of commodities and selected services.
The regulations are intended to permit and encourage essential neighborhood
commercial uses while protecting nearby residential properties from adverse impacts
of commercial activity.
(b) Permitted uses. Permitted uses within the Com-PK district are limited to the
following:
(1) Residential.
a. Single-family dwellings, attached or detached, including townhouses but
excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
excluding outdoor display or sales. Sales of alcoholic beverages shall be at least
100 feet from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK) as
measured between the exterior wall of the store and the boundary of the
residential zoning.
(3) Retail services.
a. Bed and breakfast inns.
b. Child care facilities.
LDC 3:99
 c. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
d. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
e. Restaurants. Those selling alcoholic beverages for on-premise consumption
shall be at least 100 feet from any residential zoning district (LDR-PK, MDR-
PK, and HDR-PK) as measured between the exterior wall of the restaurant
and the boundary of the residential zoning.
(4) Public and civic.
a. Educational facilities, including K-12.
b. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq. ft. or less per lot).
c. Kindergartens.
d. Places of worship.
e. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Bars and night clubs at least 100 feet from any residential zoning district
(LDR-PK, MDR-PK, and HDR-PK) as measured between the exterior wall of
the business and the boundary of the residential zoning.
b. Marinas, private and commercial.
See also conditional uses in this district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the Com-PK district:
(1) Retail sales. Outdoor retail displays and sales not otherwise allowed by the
supplementary use provisions in Chapter 4, Article 7.
(2) Retail services. Motor vehicle service and repair, including fuel sales, but
excluding paint and body work and any outdoor work or storage.
(3) Public and civic. Warehousing or maintenance facilities for government
agencies or for public utilities.
(4) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Other commercial recreation, entertainment, or amusement facilities not
among the permitted uses of the district, including those for tennis, golf and
miniature golf, pinball and other arcade amusements, bingo, waterslides, and
amusement rides, but excluding off-highway vehicle uses, outdoor shooting
ranges, and motorsports facilities. Carnival-type amusements shall be at
least 500 feet from any residential district.

LDC 3:100
(d) Site and building requirements. The following site and building requirements apply
to uses within the Com-PK district:
(1) Density. A maximum density of three dwelling units per acre. Density may be
increased or decreased by density transfer to or from other commercially zoned
Perdido Key lands (Com-PK, CC-PK, CG-PK, or PR-PK). Transfers are limited
to contiguous land (exclusive of public streets) under unified control and may
occur across public streets, excluding transfers to any parcels south of Perdido
Key Drive.
(2) Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
(3) Structure height. A maximum building height of four stories. However, an
additional story may be utilized for parking in areas that clustering of
development is necessary for permitting through the Perdido Key Habitat
Conservation Plan.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
c. Townhouse and multi-family. Twenty feet at the street right-of-way for
townhouses. One hundred feet at the street right-of-way for multi-family
dwellings. No minimum lot width required by zoning for non-residential uses.
(6) Lot coverage. Minimum pervious lot coverage of 25 percent (75 percent
maximum semi-impervious and impervious cover) for all uses.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty feet in the front for all single-family, two-family,
three-family (triplex), and four-family (quadruplex) dwellings, but ten feet for
all other dwellings, any non-residential, or mixed uses. Fifteen feet in the rear
for all uses.
b. Sides. Ten feet at each end unit of a townhouse group and 10 feet on any
side of a structure abutting a residential district if that side is not separated
from the residential district by a public street, body of water, or similar
manmade or natural buffer. Five feet on all other sides and for all other
structures.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards. (Ord. No. 2017-5, §, 3, 1-5-2017)

Sec. 3-4.6 Commercial Core district, Perdido Key (CC-PK).

(a) Purpose. The Commercial Core (CC-PK) district establishes appropriate areas and
land use regulations primarily for intense residential development and retailing of
resort-related commodities and services. The regulations are intended to permit and
LDC 3:101
 encourage mixed-use development, including residential and lodging uses at high
densities, and commercial uses associated with resort areas.
(b) Permitted uses. Permitted uses within the CC-PK district are limited to the
following:
(1) Residential.
a. Single-family dwellings, attached or detached, including townhouses but
excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
excluding outdoor display or sales. Sales of alcoholic beverages shall be at least
100 feet from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK)
measured as the shortest distance between any exterior wall of the store and the
boundary line of the residential zoning.
(3) Retail services.
a. Bed and breakfast inns.
b. Child care facilities.
c. Hotels and motels, including condo-hotels, at a maximum density of 25 units
per acre.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Restaurants. Those selling alcoholic beverages shall be at least 100 feet
from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK)
measured as the shortest distance between any exterior wall of the restaurant
and the boundary line of the residential zoning.
(4) Public and civic.
a. Educational facilities, including K-12.
b. Offices for government agencies or public utilities, small scale (gross floor
area ≤ 6000 sq. ft. per lot).
c. Kindergartens.
d. Places of worship.
e. Public utility structures, excluding telecommunications towers.
(5) Recreation and entertainment.
a. Bars and night clubs at least 100 feet from any residential zoning district
(LDR-PK, MDR-PK, and HDR-PK) as measured between the exterior wall of
the business and the boundary of the residential zoning.
b. Campgrounds and recreational vehicle parks on lots five acres or larger.

LDC 3:102
 c. Marinas, private and commercial.
d. Other commercial recreation, entertainment, or amusement facilities,
including those for tennis, golf and miniature golf, pinball and other arcade
amusements, bingo, waterslides, and amusement rides, but excluding off-
highway vehicle uses, outdoor shooting ranges, and motorsports facilities.
Carnival-type amusements shall be at least 500 feet from any residential
district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the CC-PK district:
(1) Retail sales. Outdoor retail displays and sales not otherwise allowed by the
supplementary use provisions in Chapter 4, Article 7.
(2) Retail Services. Motor vehicle service and repair, including fuel sales, but
excluding paint and body work and any outdoor work or storage.
(3) Public and civic. Warehousing or maintenance facilities for government
agencies or for public utilities.
(d) Site and building requirements. The following site and building requirements apply
to uses within the CC-PK district:
(1) Density. A maximum density of 13 dwelling units per acre or 25 lodging units per
acre, or any combination of dwelling and lodging such that one dwelling unit
equals 25/13 lodging units.
Density may be increased or decreased by density transfer to or from other
commercially zoned Perdido Key lands (Com-PK, CC-PK, CG-PK, or PR-PK).
Transfers are limited to contiguous land (exclusive of public streets) under unified
control and may occur across public streets, excluding transfers to any parcels
south of Perdido Key Drive.

(2) Floor area ratio. A maximum floor area ratio of 6.0 for all uses.
(3) Structure height. A maximum building height of 30 stories for hotels and 20
stories for all other buildings. However, additional stories may be utilized for
parking in areas that clustering of development is necessary for permitting
through the Perdido Key Habitat Conservation Plan. The number of additional
stories that may be utilized for parking shall be determined by the Planning
Official in conjunction with the Habitat Conservation Plan Manager.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.

LDC 3:103
 c. Townhouses and multi-family. Twenty feet at the street right-of-way for
townhouses. No minimum lot width required by zoning for multi-family
dwellings or other uses.
(6) Lot coverage.
Pervious area. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all single-family
(attached or detached), two-family, and triplex and quadruplex forms of multi-
family dwellings. For all other uses, minimum pervious lot coverage of 20
percent (80 percent maximum semi-impervious and impervious cover)
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Ten feet in the front and 15 feet in the rear.
b. Sides. Ten feet at each end unit of a townhouse group and 10 feet on any
side of a structure abutting a residential district if that side is not separated
from the residential district by a public street, body of water, or similar
manmade or natural buffer. On all other sides and for all other structures
under 10 stories, ten feet or 10 percent of the lot width at the street right-of-
way, whichever is greater, but not required to exceed 15 feet. Fifteen feet on
the sides of structures 10 stories or more.
c. Corner lots. Will have one front setback and one side setback.
Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards. (Ord. No. 2017-5, §, 3, 1-5-2017)
Sec. 3-4.7 Commercial Gateway district, Perdido Key (CG-PK).
(a) Purpose. The Commercial Gateway (CG-PK) district establishes appropriate areas
and lands use regulations for gateways into Perdido Key. The intent is to provide an
identity to the Key as a visually attractive, family style, resort community. The district
is characterized by resort-related commercial uses, including hotels and motels, as
well as high density residential development.
(b) Permitted uses. Permitted uses within the CG-PK district are limited to the
following:
(1) Residential.
a. Single-family dwellings, attached or detached, including townhouses but
excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
excluding outdoor display or sales. Sales of alcoholic beverages shall be at least
100 feet from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK)
measured as the shortest distance between any exterior wall of the store and the
boundary line of the residential zoning.
(3) Retail services.
a. Bed and breakfast inns.
b. Child care facilities.

LDC 3:104
 c. Hotels and motels, including condo-hotels, at a maximum density of 25 units
per acre.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Restaurants. Those selling alcoholic beverages shall be at least 100 feet
from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK)
measured as the shortest distance between any exterior wall of the restaurant
and the boundary line of the residential zoning.
(4) Public and civic.
a. Educational facilities, including K-12.
b. Offices for government agencies or public utilities, small scale (gross floor
area ≤ 6000 sq. ft. per lot).
c. Kindergartens.
d. Places of worship.
e. Public utility structures, excluding telecommunications towers.
(5) Recreation and entertainment.
a. Bars and night clubs at least 100 feet from any residential zoning district
(LDR-PK, MDR-PK, and HDR-PK) as measured between the exterior wall of
the business and the boundary of the residential zoning.
b. Campgrounds and recreational vehicle parks on lots five acres or larger.
c. Marinas, private and commercial.
d. Other commercial recreation, entertainment, or amusement facilities,
including those for tennis, golf and miniature golf, pinball and other arcade
amusements, bingo, waterslides, and amusement rides, but excluding off-
highway vehicle uses, outdoor shooting ranges, and motorsports facilities.
Carnival-type amusements shall be at least 500 feet from any residential
district.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2,
the BOA may conditionally allow the following uses within the CG-PK district:
(1)Retail services. Motor vehicle service and repair, including fuel sales, but
excluding paint and body work and any outdoor work or storage.
(2) Public and civic. Warehousing or maintenance facilities for government
agencies or for public utilities.
(d) Site and building requirements. The following site and building requirements apply
to uses within the CG-PK district:

LDC 3:105
(1) Density. A maximum density of 12.5 dwelling units per acre or 25 lodging units
per acre, or any combination of dwelling and lodging such that one dwelling unit
equals two lodging units.
Density may be increased or decreased by density transfer to or from other
commercially zoned Perdido Key lands (Com-PK, CC-PK, CG-PK, or PR-PK).
Transfers are limited to contiguous land (exclusive of public streets) under unified
control and may occur across public streets, excluding transfers to any parcels
south of Perdido Key Drive.
(2) Floor area ratio. A maximum floor area ratio of 6.0 for all uses.
(3) Structure height. A maximum building height of 10 stories. However, two
additional stories may be utilized for parking in areas that clustering of
development is necessary for permitting through the Perdido Key Habitat
Conservation Plan.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at the street right-of-way for single-family
detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
c. Townhouses and multi-family. Twenty feet at the street right-of-way for
townhouses. No minimum lot width required by zoning for multi-family
dwellings or other uses.
(6) Lot coverage.
a. Pervious area. Minimum pervious lot coverage of 30 percent (70 percent
maximum semi-impervious and impervious cover) for all single-family, two-
family (duplex), three-family (triplex), and four-family (quadruplex) dwellings,
and minimum pervious lot coverage of 15 percent for all other uses.
b. Building area. The maximum area of a development parcel occupied by all
principal and accessory buildings is limited to 25 percent if the tallest building
on the parcel is at least three stories, but less than five stories. If the tallest
building is five stories or greater, the maximum building coverage is 20
percent of the parcel area.

The area applicable to these building coverage limits cannot be divided by

any public street or right-of-way except one that creates public access to a
waterway. If otherwise divided, the limits apply to each portion of the divided
parcel as if separate parcels.
(7) Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Ten feet in the front and 15 feet in the rear.
b. Sides. Ten feet on any side of a structure abutting a residential district if that
side is not separated from the residential district by a public street, body of
LDC 3:106
 water, or similar manmade or natural buffer. Five feet on all other sides and
for all structures equal to or less than three stories. Ten feet on all other
sides on structures more than three stories.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards. (Ord. No. 2017-5 §, 3, 1-5-2017)

Sec. 3-4.8 Planned Resort district, Perdido Key (PR-PK).

(a) Purpose. The Planned Resort (PR-PK) district establishes appropriate areas and
land use regulations for large-scale planned resorts. The district allows for
destination-type mixed uses that include residential and hotel development and
supporting recreational and commercial facilities, all developed within a master
planned area that includes extensive open space, adequate internal pedestrian and
bicycle circulation, creative design, resort-related amenities, and adequate buffering.
(b) Permitted uses. Permitted uses within the PR-PK district are limited to the
following:
(1) Residential.
a. Single-family dwellings, attached or detached, including townhouses and zero
lot line development, but excluding manufactured (mobile) homes.
b. Two-family and multi-family dwellings.
(2) Retail sales. Retail sales, excluding outdoor display or sales. Sales of alcoholic
beverages shall be at least 100 feet from any residential zoning district (LDR-PK,
MDR-PK, and HDR-PK) measured as the shortest distance between any exterior
wall of the store and the boundary line of the residential zoning.
(3) Retail service.
a. Bed and breakfast inns.
b. Child care facilities.
c. Hotels and motels, including condo-hotels, at a maximum density of 25 units
per acre.
d. Personal services, including those of beauty shops, health clubs, pet
groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Restaurants. Those selling alcoholic beverages shall be at least 100 feet
from any residential zoning district (LDR-PK, MDR-PK, and HDR-PK)
measured as the shortest distance between any exterior wall of the restaurant
and the boundary line of the residential zoning.
(4) Public and civic.
a. Educational facilities, including K-12.

LDC 3:107
 b. Offices for government agencies or public utilities, small scale (gross floor
area 6000 sq.ft. or less per lot).
c. Kindergartens.
d. Places of worship.
e. Public utility structures, excluding telecommunications towers.
(5) Recreation and entertainment.
a. Bars and night clubs at least 100 feet from any residential zoning district
(LDR-PK, MDR-PK, and HDR-PK) as measured between the exterior wall of
the business and the boundary of the residential zoning.
b. Campgrounds and recreational vehicle parks on lots five acres or larger.
c. Marinas, private and commercial.
d. Other commercial recreation, entertainment, or amusement facilities,
including those for tennis, golf and miniature golf, pinball and other arcade
amusements, bingo, waterslides, and amusement rides, but excluding off-
highway vehicle uses, outdoor shooting ranges, and motorsports facilities.
Carnival-type amusements shall be at least 500 feet from any residential
district.
(6) Other uses. Storage areas for personal use only by residents and guests of the
planned resort. Such areas shall be screened by opaque fencing a minimum of
six feet in height and supplemented with landscape material.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow the following uses within the PR-PK district:
(1) Motor vehicle service and repair, including fuel sales, but excluding paint and
body work and any outdoor work or storage.
(d) Site and building requirements. The following site and building requirements apply
to uses within the PR-PK district:
(1) Density. A maximum density of 5 units per acre or 25 lodging units per acre, or
any combination of dwelling and lodging such that one dwelling unit equals five
lodging units.
Density may be increased or decreased by density transfer to or from other
commercially zoned Perdido Key lands (Com-PK, CC-PK, CG-PK, or PR-PK).
Transfers are limited to contiguous land (exclusive of public streets) under unified
control and may occur across public streets, excluding transfers to any parcels
south of Perdido Key Drive.

Building allocation, provision of open spaces, and preservation areas may be

permitted among and between the planned resort district, commercial core
district, commercial gateway district and the commercial district, provided the
proposed development is a master planned development.

LDC 3:108
(2) Floor area ratio. A maximum floor area ratio of 6.0 for all uses.
(3) Structure height. A maximum building height of 10 stories. However, two
additional stories may be utilized for parking in areas that clustering of
development is necessary for permitting through the Perdido Key Habitat
Conservation Plan.
(4) Lot area. No minimum lot area unless prescribed by use.
(5) Lot width. Except for cul-de-sac lots which shall provide a minimum lot width of
20 feet at the street right-of-way, the following minimum lot widths are required:
a. Single-family detached. Forty feet at both the street right-of-way for single-
family detached dwellings.
b. Two-family. Fifty feet at the street right-of-way for two-family dwellings.
c. Townhouses and multi-family. Twenty feet at the street right-of-way for
townhouses. No minimum lot width required by zoning for multi-family
dwellings or other uses.
(6) Lot coverage. A maximum 40 percent of development parcel area occupied by
all principal and accessory buildings. Minimum pervious lot coverage of 30
percent (70 percent maximum semi-impervious and impervious cover) for all
single-family, two-family (duplex), three-family (triplex), and four-family
(quadruplex) dwellings, and minimum pervious lot coverage of 15 percent for all
other uses.
(7) Structure setbacks. All structures a minimum 25 feet from any publicly
dedicated right-of-way. For all principal structures, additional minimum setbacks
are:
a. Front and rear. Twenty feet in the front and 15 feet in the rear.
b. Sides. Ten feet on each side for buildings taller than three stories, five feet
on each side for buildings equal to or less than three stories.
c. Corner lots. Will have one front setback and one side setback.
(8) Other requirements.
a. Master plan. A master plan of the entire development site for any resort
development.
b. Development area. A minimum 10 acres for any resort development.
c. Open space. A minimum 30 percent of total site area as open space, and at
least 50 percent of the front yard remaining as open space.
d. Building separation.
1. A minimum 10 feet between structures, excluding zero lot-line
development. For structures over three stories, for every additional story
from highest adjacent grade, an additional five feet of separation at the
ground level.

LDC 3:109
 2. A minimum 50 feet between multi-family, hotel, or motel structures and
any area designated for single-family dwellings.
e. Sidewalks. Sidewalks providing pedestrian linkages to residential areas,
recreational areas, commercial areas, and any locations where there is the
potential conflict between pedestrian and vehicular traffic. Such conflict areas
shall be marked with appropriate pavement markings to clearly indicate
pedestrian crossings.
f. Protection of residential uses. Orientation of commercial buildings away
from adjacent residential uses. Layout of parking and service areas, access,
landscape areas, courts, walls, signs, and lighting, and the control of noise
and other potential adverse impacts, shall promote protection of residential
uses and include adequate buffering.
g. Site plan approval. Unified control of the entire area proposed for
development and substantial conformance to the master plan for that area.
The site plan shall include documentation of maximum project density, overall
requirements for open space and preservation areas, building coverage, and
allocation for incidental commercial uses. Development successors in title
shall be bound by the approved site plan. Revision to an approved site plan
shall remain in conformance with the master plan.

Sec. 3-4.9 Recreation district, Perdido Key (Rec-PK).

(a) Purpose. The Recreation (Rec) district establishes appropriate areas and land use
regulations to preserve and maintain land for outdoor recreational uses and open
space.
(b) Permitted uses. Permitted uses within the Recreation district are limited to the
following:
(1) Residential. No new residential uses, including accessory dwelling units, except
vested single-family dwellings.
(2) Retail sales. Retail sales customarily incidental to permitted recreational uses.
(3) Retail services. Retail services customarily incidental to permitted recreational
uses.
(4) Public and civic.
a. Bird and wildlife sanctuaries.
b. Parks and greenbelt areas.
c. Public utility structures, excluding telecommunication towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Recreation facilities, outdoor, including parks, playgrounds, walking and
hiking trails, campgrounds, off-highway vehicle trails, swimming pools,

LDC 3:110
 baseball fields, tennis courts, and golf courses, but excluding shooting
ranges.
b. Marinas, commercial only.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. No agricultural or related uses.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the
BOA may conditionally allow emergency service facilities, including law
enforcement, fire fighting, and medical assistance within the Recreation district.
(d) Site and building requirements.
1. Density. Dwelling unit density limited to vested development.
2. Floor area ratio. A maximum floor area ratio of 1.0 for all uses.
3. Structure height. Two stories.
4. Lot area. No minimum lot area unless prescribed by use.
5. Lot width. No minimum lot width prescribed by zoning.
6. Lot coverage. Minimum pervious lot coverage of 80 percent (20 percent
maximum semi-impervious and impervious cover) for all uses.
7. Structure setbacks. For all principal structures, minimum setbacks are:
a. Front and rear. Twenty-five feet in front and rear.
b. Sides. On each side, five feet or 10 percent of the lot width at the street right-
of-way, whichever is greater, but not required to exceed 15 feet.
c. Corner lots. Will have one front setback and one side setback.
8. Other requirements. Refer to chapters 4 and 5 for additional development
regulations and standards.
(Ord. No. 2016-42, § 1, 12-8-16)

LDC 3:111
Article 5 Pensacola Beach districts.
Sec. 3-5.1 Building heights.
(a) Low and medium density districts. In the following zoning districts the maximum
height shall be 35 feet above the bottom of the lowest horizontal structural member
of the first habitable floor area; the first habitable floor shall be at or above the
minimum elevation established for the applicable flood zone. The overall height of
the structure may not exceed 45 feet above the finished ground level grade:
(1) Low density residential.
(2) Medium density residential.
(3) Medium density residential/commercial.
(4) General retail.
(5) Recreation retail.
(b) High density and non-residential districts. In the following districts, the maximum
height shall be 12 habitable stories plus not more than two stories of parking or
storage:
(1) High density residential.
(2) High-density residential/commercial.
(c) Commercial Core Area. The maximum height shall be 18 habitable stories plus not
more than two stories for parking or storage, excepting Gulf front property which is
not leased to a private party as of June 4, 1998, commonly referred to as "Casino
Beach", and the Gulf from leasehold immediately to the east of and adjoining such
property, all of which property shall be limited to three stories in height, habitable or
otherwise (from the Hampton Inn, incorporating Crab's and westerly to the area
immediately east of the Holiday Inn). This area is defined as being from the east line
of Blocks C and H First Addition to Villa Sabine (p.b.5, p.75) to Avenida 10 (the
commercial core).
(d) Vested properties. The following properties are deemed vested insofar as the
application of the height restrictions imposed by this ordinance:
(1) Pensacola Beach Land Trust Property (east of Calle Marbella) - vested for 21
stories for each eight towers pursuant to the lease agreement between
Pensacola Beach Land Trust Property and the Santa Rosa Island Authority dated
June 30, 1997.
(2) Santa Rosa Towers Condominium (Fort Pickens Road) - vested 17 stories (16
stories above parking), pursuant to the Final Judgment issued March 13, 1997 in
Santa Rosa Dunes Association, Inc. And Lamar N. Coxe, Jr. v. Santa Rosa
Island Authority; Escambia County, Florida; Gulfview Partnership and Santa
Rosa Towers, Ltd. Case No. 96-1231-CA-01.
(3) Gulfview Partnership parcel adjacent to Santa Rosa Towers - vested to 17
stories (16 stories above parking), pursuant to the 1986 lease agreement
between Gulfview Partnership and the Santa Rosa Island Authority and the
option agreement between Gulfview Partners and Santa Rosa Towers, Ltd.,
dated April 3, 1998.

LDC 3:112
Sec. 3-5.2 Low density residential (LDR-PB). Areas delineated as low density
residential are restricted to the development of single family detached homes at
densities up to and including four units per acre.
(1) Site and building requirements.
TABLE LDR-PB
Minimum Size Building Building Parking Special
Lot Height Setbacks1, 2 Requirements

Minimum lot See Front - 30 feet3, 4 Minimum Subdivision plat required.

size is 10,000 Article 5, Side - 15 feet*4, 5 2 spaces Landscaping requirements
sq. ft. Sec. 3- Rear - 20 feet* 3, 6, 7 off street per Chapter 5
5.1 *See list for
existing
subdivisions
Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If facing County Road 399 front or rear setback shall be 50 feet for lots larger than
10,000 sq. ft.
4. If sound front lot, building front setback may be reduced to a minimum of 20 feet,
only if erosion on Soundside has placed rear platted lot line in the Sound.
5. Corner lot (street side) setbacks shall be 25 feet. For irregular shaped lots the side
setback restrictions may be based on 10 percent of the average of the front and rear
lines, but in no case shall be less than 10 feet unless otherwise specified.
6. If Gulf front lot, rear building line shall be the State of Florida 1975 Coastal
Construction Control Line (CCCL). In Lafitte Cove, as per recorded plat. In Villa Sabine,
as per recorded plat.
7. If sound front lot (Villa Primera and Villa Segunda subdivisions) building setbacks
shall be 30 feet upland of the mean high water line, for structures deemed in compliance
with current flood elevation requirements and whose shoreline has been stabilized; this
relief is for lots whose platted rear line is in the Sound. All other structures shall maintain
a building setback of 50 feet upland of the mean high water line.
Setbacks. Listed below are required setbacks for the existing single-family detached
subdivisions located on Pensacola Beach.
Name of Subdivision Front Side Rear
Deluna Point plat plat plat
LaCaribe plat plat plat
Lafitte Cove 25 feet 10 feet plat
Lafitte Cove Unit II 40 feet plat 30 feet
7.5 feet per 10 feet per
Santa Rosa Villas 23 feet
lease lease

LDC 3:113
 Santa Rosa Villas 1st Addition 30 feet 15 feet 2 20 feet 3
Santa Rosa Villas 2nd Addition 30 feet 15 feet2 20 feet 4
Santa Rosa Villas Estates plat plat plat
Seashore Village plat plat plat
Tristan Villas plat plat plat
Villa Primera 30 feet 15 feet 2 20 feet 3, 4
Villa Sabine 30 feet 15 feet Plat 4

Villa Segunda 30 feet 15 feet 2 20 feet 3, 4

White Sands Cottages 30 feet 5 feet 20 feet
(Ord. No. 2015-55, § 1, 12-10-2015)

Sec. 3-5.3 Medium density residential (MDR-PB). Areas delineated as medium

density residential are restricted to the development of detached and multiple dwelling
units at densities ranging from five units per acre up to and including 15 units per acre.
(a) Permitted uses. The following types of uses are permitted under MDR-PB:
(1) Duplexes.
(2) Triplexes.
(3) Multiple Dwellings.

(b) Site and building requirements.

TABLE MDR-PB
Minimum Lot Size Building Setbacks1, 2 Parking Special Requirements
Subdivision plat
5,000 sq. ft. per unit for
required.
first 3 units and 3,000
All multiple owner
sq. ft. per unit for
Front 30 feet 2, 3,6 projects to have
remaining units built; See
Side 15 feet 4 approved maintenance
maximum density 20 Chapter 5
Rear 30 feet 5 association.
units per net acre;
Landscaping
maximum 25% for
requirements per
building only
Chapter 5.
Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If facing County Road 399 front or rear setback shall be 50 feet, for lots larger than
10,000 sq ft.
4. Corner lot setbacks shall be 25 feet. For irregular shaped lots the sideline restrictions
may be based on ten percent of the average of the front and rear lines, but in no case
shall be less than ten feet unless otherwise specified.

LDC 3:114
 5. If gulf front lot, building line shall be the most restrictive 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL).
6. If sound front, building front setback line may be reduced to a minimum of 20 feet,
only if erosion on the Soundside has placed the rear platted lot line in the Sound.
(Ord. No. 2015-55, § 2, 12-10-2015)

Sec. 3-5.4 Medium density residential/commercial (MDR/C-PB). Areas delineated

as medium density residential/commercial are for mixed uses including medium density
residential, motel, hotel and limited accessory retail uses. Densities shall be in the range
of five to 15 units per acre for residential use and for a mix of residential and motel/hotel
uses. For developments consisting solely of motel/hotel development, where the
application of the five to 15 density range will result in a reduction of the existing number
of units, or where such density restrictions will impede efficient motel/hotel
development, the Santa Rosa Island Authority may, but shall not be obligated to,
recommend conditional use approval to the Escambia County Board of Adjustments
such that motel/hotel development may be increased up to a maximum of 20 units per
acre. This special exception shall not apply to condominium dwellings which are made
available for rental use.
(a) Permitted uses. The following types of uses are permitted under MDR/C-PB:
(1) Duplexes.
(2) Triplexes.
(3) Multiple dwellings.
(4) Motel and hotels.
(5) Restaurants.
(6) Tourist related retail goods.
(7) Marinas, etc.
(8) Cocktail lounges and package stores.
(9) Miscellaneous convenience goods stores.
(10)Professional offices.
(11)Realty and property rental offices.
(12)Personal service establishments.
(b) Conditional uses. The following types of use are conditional uses under
MDR/C-PB:
Temporary structures.
(c) Site and building requirements.
TABLE MDR/C-PB
Minimum Project
Building Setbacks Special Requirements
Lot Size Access Points
For residential, For residential, For residential, same For residential, same as
same as MDR-PB same as MDR-PB as MDR-PB MDR-PB
For Commercial Access points from 1. Landscaped separate
Tourist oriented,
Front 50 feet 2 service roads limited strips shall be provided
service oriented, &
Side 50 feet to 1 every 400 feet and maintained along all
local service,
Rear 40 feet 3 unless otherwise property lines &streets.

LDC 3:115
 commercial uses, & specifically approved 2. Parking in accordance
governmental uses. by the county with Chapter 5

Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If Gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL).
(Ord. No. 2015-55, § 3, 12-10-2015)

Sec. 3-5.5 High density residential (HDR-PB). Areas delineated for high density
residential shall be developed for multiple dwelling development s in the range of 16 to
30 units per acre.
(a) Permitted uses. The following types of use are permitted in HDR-PB:
Multiple dwelling.

(b) Site and building requirements.

TABLE HDR-PB
Minimum Building
Maximum Coverage* Parking Special Requirements
Setbacks1, 2, 3
1. Maximum 30 units per acre
If maximum lot
3 to 4 stories - 25% 2. Maximum floor area 500 s.f.
coverage is
5 to 7 stories - 23% per unit for 1 bedroom apts.
attained there
8 to 9 stories - 21% For 2 bedroom a minimum of
Front 60 will be a
Over 9 stories - 19% 850 s.f. per unit
feet2 Side 4 minimum of 1
*Net building 3. All multiple owner projects
Rear 60 feet parking space
coverage maximum to have appropriate
per unit inside
percent of land built maintenance associations
building.
over 4. Landscaping requirements
See Chapter 5
per Chapter 5
Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL). If sound front, building setback shall be established as 50 feet upland of the
vegetation line.
4. Side setbacks to be determined on an individual basis.
(Ord. No. 2015-55, § 4, 12-10-2015)

LDC 3:116
Sec. 3-5.6 High density residential/commercial (HDR/C-PB). Areas delineated as
high density residential/commercial are for mixed uses including high density
residential, hotel and limited accessory retail uses. Densities shall be in the range of 16
to 30 units per acre for residential uses and for a mix of residential and hotel uses. For
development consisting solely of hotel development, where the application of the 16 to
30 density range will result in a reduction of the existing number of units, or where such
density restrictions will impede efficient hotel development, the SRIA may, but shall not
be obligated to, recommend conditional use approval to the BOA such that hotel
development may be increased up to a maximum of 50 units per acre. This conditional
use shall not apply to condominium dwellings which are made available for rental use.

(a) Permitted uses. The following types of use are permitted under HDR/C-PB:
(1) Condominiums.
(2) Motels and hotels.
(3) Restaurants.
(4) Tourist related retail goods.
(5) Marinas, etc.
(6) Cocktail lounges and package stores.
(7) Miscellaneous convenience goods stores.
(8) Professional offices.
(9) Realty and property rental offices.
(10)Personal service establishments.
(b) Conditional uses. The following types of use are conditional uses in HDR/C-PB:
Temporary structures.
(c) Site and building requirements.
TABLE HDR/C-PB
Minimum Building
Parking
Setbacks1, 2,
3
Types of Maximum Coverage* Special Requirements
Project Access
Commercial
Points
Uses
If maximum lot 1. Minimum floor area
coverage is attained 500 sq.ft. per unit for 1
For Commercial
there will be a bedroom apts. For 2
Tourist oriented,
3 to 4 stories - 25% minimum of 1 parking bedroom a minimum of
service oriented, &
5 to 7 stories - 23% space per unit inside 850 sq.ft. per unit.
local service
8 to 9 stories - 21% building. 2. All multiple owner
commercial uses,
Over 9 stories - 19% See Chapter 5. projects to have
& governmental
*Net building coverage Access points from appropriate
uses
maximum percent of service roads limited maintenance
Front 50 feet2
land built over to 1 every 400 feet associations.
Side 50
unless otherwise 3. Landscaping
Rear 40 feet
specifically approved requirements per
by the county. Chapter 5
Notes:

LDC 3:117
 1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, the side
facing water is rear.
3. If gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL). If sound front, building setback shall be established as 50 feet upland of the
vegetation line.
(Ord. No. 2015-55, § 5, 12-10-2015)

Sec. 3-5.7 General retail (GR-PB). Areas delineated as general retail may be
developed for uses pertaining to retail sales and services including motels (in
accordance with the density provisions of medium density residential/commercial),
restaurants, service stations, marinas, cocktail lounges, tourist related retail goods and
professional services, sundries, convenience stores, groceries, professional offices,
realty offices, personal service establishments, and substantially similar uses as
determined by the Santa Rosa Island Authority Board.
(a) Permitted uses. The following types of uses are permitted in GR-PB:
(1) Motels and hotels.
(2) Restaurants, indoor and drive-in.
(3) Grocery stores.
(4) Miscellaneous convenience goods stores.
(5) Professional offices.
(6) Realty and property rental offices.
(7) Personal service establishments.
(8) Convenience goods stores.
(9) Professional offices.
(10) Personal service establishments.
(11) Realty and property rental offices.
(12) Marinas.
(13) Temporary structures with a limited use permit.
(b) Site and building requirements.
TABLE GR-PB
Building Project Access
Minimum Lot Size Special Requirements
Setbacks1, 2 Points
Access points from 1. Landscaped separate
Tourist oriented,
service roads limited strips shall be provided
service oriented, &
Front 50 feet 2 to 1 every 400 feet and maintained along all
local service
Side 50 feet unless otherwise property lines & streets.
commercial uses,
Rear 40 feet specifically 2. Parking requirements
& governmental
approved by the shall be in accordance
uses.
county with Chapter 5

Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.

LDC 3:118
 2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL).
(Ord. No. 2015-55, § 6, 12-10-2015)

Sec. 3-5.8 Recreation retail (Rec/R-PB). Areas delineated as recreation retail are
for retail establishments relating directly to a specific adjacent beach or other recreation
area. Permitted uses include sandwich, fast food and other eating establishments,
beachwear and tourist related sundry shops, gift shops, amusements and rental of
recreation facilities, e.g. surfboards, jet skis, sailboats, and substantially similar uses as
determined by the county.
(a) Permitted uses. The following types of uses are permitted in Rec/R-PB:
(1) Restaurants, indoor and drive-in.
(2) Convenience goods stores.
(3) Tourist related retail goods.
(4) Tourist related personal and professional services.
(5) Temporary structures with a limited use permit.

(b) Site and building requirements.

TABLE REC/R-PB
Minimum Project Access
Building Setbacks Special Requirements
Lot Size Points
Access points from 1. Landscaped separate
Tourist oriented,
service roads limited strips shall be provided
service oriented,
Front 50 feet 2 to 1 every 400 feet and maintained along all
& local service
Side 50 feet unless otherwise property lines & streets
commercial uses,
Rear 40 feet specifically 2. Parking requirements
& governmental
approved by the shall be in accordance
uses
county with Chapter 5.
Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL).
(Ord. No. 2015-55, § 7, 12-10-2015)

Sec. 3-5.9 Commercial hotel (CH-PB). Areas delineated as commercial hotel sites
are intended primarily for hotel development in keeping with the hotel density guidelines
established for hotel uses within the high density residential/commercial districts. This
district also permits uses permitted in the recreation retail district.

LDC 3:119
(a) Permitted uses. The following types of uses are permitted in CH-PB:
(1) Motels and hotels.
(2) Restaurants.
(3) Tourist related retail goods.
(4) Marinas, etc.
(5) Cocktail lounges and package stores.
(6) Miscellaneous convenience goods stores.
(7) Professional offices.
(8) Realty and property rental offices.
(9) Personal service establishments.
(10) Temporary structures with limited use permit.
(b) Site and building Requirements.
TABLE CH-PB
Types of
Minimum Building Project Access
Commercial Special Requirements
Setbacks Points
Uses
Tourist oriented, Access points from 1. Landscaped separate
service oriented, service roads limited strips shall be provided
& local service Front 50 feet 2 to 1 every 400 feet and maintained along all
commercial Side 50 feet unless otherwise property lines & streets
uses, & Rear 40 feet3 specifically 2. Parking requirements
governmental approved by the shall be in accordance
uses county. with Chapter 5
Notes:
1. Setbacks to be measured to outside walls with maximum of three feet of overhang
allowed.
2. Front is defined as side facing main street or access. If water front property, then
side facing water is rear.
3. If gulf front, building line shall be the most restrictive of 50 feet landward of the crest
of the primary dune line; or the State of Florida 1975 Coastal Construction Control Line
(CCCL). If sound front, building setback shall be established as 50 feet upland of the
vegetation line.
(Ord. No. 2015-55, § 8, 12-10-2015)

Sec. 3-5.10 Preservation (PR-PB). Areas delineated as preservation are

environmentally sensitive and permanently set aside for the maintenance of all natural
features. Such areas shall not be leased and public access may be restricted as
deemed necessary by the SRIA Board.
(a) Permitted uses. The following types of uses are permitted in PR-PB:
(1) Areas permanently set aside for preservation in natural state.
(2) Areas temporarily set aside for natural revegetation.

Sec. 3-5.11 Conservation/recreation (Con/Rec-PB). Areas delineated as

conservation/recreation are those set aside as open space where the need for

LDC 3:120
recreation is balanced with the need for environmental conservation. Important natural
site features, including dune formations, wetlands and areas of native vegetation shall
not be eliminated or damaged. Depending on the specific characteristics of each site
appropriate recreation uses may include, public parking, beach access boardwalks,
nature trails, boat launching areas, docking facilities, picnic areas, restrooms, and other
such related uses as may be approved by the Santa Rosa Island Authority consistent
with legal requirements presently in force. Other uses may be approved by the county
subject to appropriate studies which demonstrate that such uses are environmentally
sound and in the public interest. Although all gulf front beaches are places in the
Conservation/Recreation Category only dune crosswalks and parking nodes shall be
approved east of Avenida 10. The Santa Rosa Island Authority Board also retains the
authority to establish temporary preservation areas within areas designated for
conservation/recreation where such designations are needed to restrict public access
and restore native vegetation.
(a) Permitted uses. The following types of uses are permitted in Con/Rec-PB:
(1) Picnic shelters and related facilities.
(2) Service concessions.
(3) Public beaches.
(4) Public safety facilities.
(5) Public rest shelters and restrooms.
(6) Open parks and play areas.
(7) Public parking areas.
(8) Boat launching facilities.
(9) Lifeguard facilities.
(10) Nature trials.
(11) Conservation areas.
(12) Walkways to preserve dunes.
(13) Small concession limited to food and drinks.
Sec. 3-5.12 Government and civic (G/C-PB). Areas designated for government and
civic uses are intended to accommodate public services and civic facilities including
government offices and operations, public utilities, schools, religious institutions, places
of worship, community service organizations, and substantially similar uses as
determined by the county.
(a) Permitted uses. The following types of uses are permitted under G/C-PB:
(1) Santa Rosa Island Authority uses.
(2) Law enforcement uses.
(3) Public safety uses.
(4) Public utility and service structures.
(5) Schools.
(6) Places of worship.

LDC 3:121
 Chapter 4
LOCATION AND USE REGULATIONS
Article 1 General Provisions
Sec. 4-1.1 Purpose of chapter
Sec. 4-1.2 Purpose of article.
Sec. 4-1.3 General conditions.

Article 2 Floodplain Management

Sec. 4-2.1 Administration
Sec. 4-2.2 General provisions
Sec. 4-2.3 Applicability
Sec. 4-2.4 Duties and powers of the floodplain administrator
Sec. 4-2.5 Permits
Sec. 4-2.6 Site plans and construction documents
Sec. 4-2.7 Inspections
Sec. 4-2.8 Variances and appeals
Sec. 4-2.9 Violations
Sec. 4-2.10 Definitions
Sec. 4-2.11 Flood resistant development
Sec. 4-2.12 Subdivisions
Sec. 4-2.13 Site improvements, utilities and limitations
Sec. 4-2.14 Manufactured homes
Sec. 4-2.15 Recreational vehicles and park trailers
Sec. 4-2.16 Tanks
Sec. 4-2.17 Other development

Article 3 Santa Rosa Island Authority Floodplain Management

Sec. 4-3.1 Floodplain management on Pensacola Beach
Sec. 4-3.2 General provisions
Sec. 4-3.3 Applicability
Sec. 4-3.4 Duties and powers of the floodplain administrator
Sec. 4-3.5 Approvals and permits
Sec. 4-3.6 Site plans and construction documents
Sec. 4-3.7 Inspections
Sec. 4-3.8 Variances and appeals
Sec. 4-3.9 Conditions for issuance of variances
Sec. 4-3.10 Violations
Sec. 4-3.11 Definitions
Sec. 4-3.12 Building and structures
Sec. 4-3.13 Subdivisions
Sec. 4-3.14 Site improvements, utilities and limitations
Sec. 4-3.15 Manufactured homes
Sec. 4-3.16 Recreational vehicles and park trailers
Sec. 4-3.17 Tanks
Sec. 4-3.18 Other Development
LDC 4: 1
Article 4 Airport and Airfield Environs
Sec. 4-4.1 Purpose of article.
Sec. 4-4.2 General provisions.
Sec. 4-4.3 Hazards to air navigation.
Sec. 4-4.4 Airport and airfield planning districts.
Sec. 4-4.5 Variances.

Article 5 Natural Resources

Sec. 4-5.1 Purpose of article.
Sec. 4-5.2 General provisions.
Sec. 4-5.3 Wetlands.
Sec. 4-5.4 Threatened and endangered species habitat.
Sec. 4-5.5 Marine, estuarine, and riverine shorelines (MERS).
Sec. 4-5.6 Coastal high-hazard areas.
Sec. 4-5.7 Barrier island sand.
Sec. 4-5.8 Barrier Island Lighting.
Sec. 4-5.9 Wellhead protection
Sec. 4.5.10 Docks, Piers, and Marinas

Article 6 Historical and Archaeological Resources

Sec. 4-6.1 Purpose of this article.
Sec. 4-6.2 General provisions.

Article 7 Supplemental Use Regulations

Sec. 4-7.1 Purpose of article.
Sec. 4-7.2 General provisions.
Sec. 4-7.3 Accessory uses and structures.
Sec. 4-7.4 Adult entertainment.
Sec. 4-7.5 Alcoholic beverage sales.
Sec. 4-7.6 Borrow pits and reclamation.
Sec. 4-7.7 Condo-hotels.
Sec. 4-7.8 Manufactured (mobile) homes.
Sec. 4-7.9 Outdoor storage and display.
Sec. 4-7.10 Recreational vehicles.
Sec .4-7.11 Recycling and waste diversion facilities
Sec.4-7.12 Telecommunication towers.
Sec. 4-7.13 Temporary uses and structures.
Sec. 4-7.14 Zero lot line subdivisions.
Sec. 4-7.15 Cinerators
Sec. 4-7.16 Recreational amenities

LDC 4: 2
Article 1 General Provisions
Sec.4-1.1 Purpose of chapter.
(a)General. This chapter establishes county land use regulations necessary to
implement Comprehensive Plan policies requiring the management of specific uses and
locations. Location-based regulations additionally limit the uses allowed by zoning
regulations and prescribe conditions for those uses when in proximity to essential
resources, recognized hazards, and other constraints. Use-based regulations establish
additional requirements to assure that specific uses will be compatible with surrounding
uses. Compliance with the provisions of this chapter is evaluated by the administrative
authorities described in Chapter 1 according to the compliance review processes
prescribed in Chapter 2. More specifically, this chapter is intended to:
(1) Protect navigable airspace and aviation facilities, wetlands, groundwater and
surface waters, beaches and shorelines, critical habitat area, historical and
archaeological resources, and other community resources.
(2) Protect and conserve property values and property rights, balancing individual
rights with the interests of the community to create a healthy, safe and orderly
living environment.
(3) Provide for adequate light, air, and privacy, and protect life and property in areas
subject to natural or manmade hazards.

Sec. 4-1.2 Purpose of article.

This article establishes general provisions that apply broadly to all location-based and
use-based regulations within the chapter. The regulations applicable to specific
locations and uses are prescribed in the remaining articles of this chapter.

Sec. 4-1.3 General conditions.

(a) Applicability. The standards of this chapter apply to all land uses and development
activities as established within each article and are independent of the review
processes used to determine compliance with them.
(1) New uses and structures. Any new use that is established, including a change
of use, or any building or other structure that is constructed, or tract of land
developed, for any principal or accessory use allowed by the Land Development
Code (LDC), is subject to the standards of this chapter.
(2) Existing uses and structures. Any existing use of land that is extended,
enlarged or moved, or any existing building or other structure that is extended,
enlarged, moved, structurally altered or reconstructed, is subject to the standards
of this chapter with respect to such changes and any existing nonconformity.
(b) Nonconformance with chapter regulations. Lawfully established and maintained
uses, structures, lots, and site conditions that no longer comply with one or more of
the regulations established in this chapter may continue in productive use, subject to
the nonconformance provisions of the regulations and Chapter 1.

LDC 4: 3
(c) Relief from standards. Modification of the land use regulations of this chapter is
generally contrary to good development practices. However, the county recognizes
that land is not uniform and the same regulation may not affect all sites equally.
Accordingly, regulations allow variances for limited site-specific relief through the
approval of the Planning Official or the Board of Adjustment (BOA), or the Santa
Rosa Island Authority (SRIA) for Pensacola Beach properties. However, the
regulation must be specifically identified as eligible and the variance must be within
the limits prescribed. No provisions of the chapter preclude the establishment of
variance limits or conditions by the approving authority.

LDC 4: 4
Article 2 Floodplain Management
Sec. 4-2.1 Administration

(a) General. These regulations shall be known as the Floodplain Management Ordinance of
Escambia County, hereinafter referred to as “this article.”
(b) Scope. The provisions of this article shall apply to all development that is wholly within or
partially within any flood hazard area, including but not limited to the subdivision of land; filling,
grading, and other site improvements and utility installations; construction, alteration,
remodeling, enlargement, improvement, replacement, repair, relocation or demolition of
buildings, structures, and facilities that are exempt from the Florida Building Code; placement,
installation, or replacement of manufactured homes and manufactured buildings; installation or
replacement of tanks; placement of recreational vehicles; installation of swimming pools; and
any other development.

Sec. 4-2.2 General provisions

(a) The purposes of this article and the flood load and flood resistant construction requirements
of the Florida Building Code are to establish minimum requirements to safeguard the public
health, safety, and general welfare and to minimize public and private losses due to flooding
through regulation of development in flood hazard areas to:
(1)Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2)Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(3)Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase
flood damage or erosion potential;
(4)Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(5)Minimize damage to public and private facilities and utilities;
(6)Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas;
(7)Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events;
(8)Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section
59.22.
(b) Coordination with the Florida Building Code. This article is intended to be administered
and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to
the edition of the standard that is referenced by the Florida Building Code.
(c) Warning. The degree of flood protection required by this article and the Florida Building Code,
as amended by this community, is considered the minimum reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur. Flood heights may be increased by man-made or natural causes. This article does not
imply that land outside of mapped special flood hazard areas, or that uses permitted within such
flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and
base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance
Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and

LDC 4: 5
 60 may be revised by the Federal Emergency Management Agency, requiring this community
to revise these regulations to remain eligible for participation in the National Flood Insurance
Program. No guaranty of vested use, existing use, or future use is implied or expressed by
compliance with this article.
(d) Disclaimer of Liability. This article shall not create liability on the part of Board of
County Commissioners of Escambia County or by any officer or employee thereof for
any flood damage that results from reliance on this article or any administrative decision
lawfully made thereunder.

Sec 4-2.3 APPLICABILITY

(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
(b) Areas to which this article applies. This article shall apply to all flood hazard areas
within Escambia County, as established in Section 4-2.3(c) of this article.
(c) Basis for establishing flood hazard areas. The Flood Insurance Study for Escambia
County, Florida and Incorporated Areas dated September 29, 2006, and the
accompanying Flood Insurance Rate Maps (FIRM), are adopted by reference as a part of
this article and shall serve as the minimum basis for establishing flood hazard areas.
Studies and maps that establish flood hazard areas are on file at the Escambia County
Building Inspections Department, 3363 West Park Place, Pensacola, Florida 32505.
(d) Submission of additional data to establish flood hazard areas. To establish flood
hazard areas and base flood elevations, pursuant to Section 4-2.6 of this article the
Floodplain Administrator may require submission of additional data. Where field surveyed
topography prepared by a Florida licensed professional surveyor or digital topography
accepted by the community indicates that ground elevations:
(1) Are below the closest applicable base flood elevation, even in areas not delineated as a
special flood hazard area on a FIRM, the area shall be considered as flood hazard area
and subject to the requirements of this article and, as applicable, the requirements of the
Florida Building Code.
(2) Are above the closest applicable base flood elevation, the area shall be regulated as
special flood hazard area unless the applicant obtains a Letter of Map Change that
removes the area from the special flood hazard area.
(e) Other laws. The provisions of this article shall not be deemed to nullify any provisions of
local, state or federal law.
(f) Abrogation and greater restrictions. This article supersedes any ordinance in effect for
management of development in flood hazard areas. However, it is not intended to repeal or
abrogate any other provisions of existing ordinances including but not limited to land
development regulations, zoning ordinances stormwater management regulations, or the
Florida Building Code. In the event of a conflict between these regulations and any other
regulation, the more restrictive shall govern. This article shall not impair any deed restriction,
covenant or easement, but any land that is subject to such interests shall also be governed
by this article.
(g) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

LDC 4: 6
Sec 4-2.4 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

(a) Designation. The County Administrator is designated as the Floodplain Administrator.

The Floodplain Administrator may delegate performance of certain duties to other
employees.
(b) General. The Floodplain Administrator is authorized and directed to administer and enforce
the provisions of this article. The Floodplain Administrator shall have the authority to render
interpretations of this article consistent with the intent and purpose of this article and may
establish policies and procedures in order to clarify the application of its provisions. Such
interpretations, policies, and procedures shall not have the effect of waiving requirements
specifically provided in this article without the granting of a variance pursuant to Section 4-
2.8 of this article.
(c) Applications and permits. The Floodplain Administrator, in coordination with other
pertinent offices of the community, shall:
(1) Review applications and plans to determine whether proposed new development
will be located in flood hazard areas;
(2) Review applications for modification of any existing development in flood hazard
areas for compliance with the requirements of this article;
(3) Interpret flood hazard area boundaries where such interpretation is necessary to
determine the exact location of boundaries; a person contesting the
determination shall have the opportunity to appeal the interpretation;
(4) Provide available flood elevation and flood hazard information;
(5) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(6) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(7) Issue floodplain development permits or approvals for development other than
buildings and structures that are subject to the Florida Building Code, including
buildings, structures and facilities exempt from the Florida Building Code, when
compliance with this article is demonstrated, or disapprove the same in the event
of noncompliance; and
(8) Coordinate with and provide comments to the Building Official to assure that
applications, plan reviews, and inspections for buildings and structures in flood
hazard areas comply with the applicable provisions of this article.
(d) Substantial Improvements and substantial damage determinations. For applications for
building permits to improve buildings and structures, including alterations, movement,
enlargement, replacement, repair, change of occupancy, additions, rehabilitations,
renovations, substantial improvements, repairs of substantial damage, and any other
improvement of or work on such buildings and structures, the Floodplain Administrator, in
coordination with the Building Official, shall:
(1) Estimate the market value, or require the applicant to obtain an appraisal of the
market value prepared by a qualified independent appraiser, of the building or
structure before the start of construction of the proposed work; in the case of
repair, the market value of the building or structure shall be the market value

LDC 4: 7
 before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage;
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this article
is required.
(e) Modifications of the strict application of the requirements of the Florida Building
Code. The Floodplain Administrator shall review requests submitted to the Building Official
that seek approval to modify the strict application of the flood load and flood resistant
construction requirements of the Florida Building Code to determine whether such requests
require the granting of a variance pursuant to Section 4-2.8 of this article.
(f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate local
agencies for the issuance of all necessary notices or orders to ensure compliance with this
article.
(g) Inspections. The Floodplain Administrator shall make the required inspections as specified
in Section 4-2.7 of this article for development that is not subject to the Florida Building
Code, including buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect flood hazard areas to determine if development is
undertaken without issuance of a permit.
(h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall have
other duties, including but not limited to:
(1) In coordination with the Building Official review all permits for construction within the
Special Flood Hazard Areas to ensure that the proposed project meets the freeboard
requirements. In Escambia County the freeboard requirement is 3 feet above the
designated FEMA Base Flood Elevation.
(2) Establish, in coordination with the Building Official, procedures for administering and
documenting determinations of substantial improvement and substantial damage made
pursuant to Section 4-2.4(d) of this article;
(3) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State Floodplain
Management Office, and submit copies of such notifications to the Federal Emergency
Management Agency (FEMA);
(4) Require applicants who submit hydrologic and hydraulic engineering analyses to support
permit applications to submit to FEMA the data and information necessary to maintain
the Flood Insurance Rate Maps if the analyses propose to change base flood elevations,
flood hazard area boundaries, or floodway designations; such submissions shall be
made within 6 months of such data becoming available;
(5) Review required design certifications and documentation of elevations specified by this
article and the Florida Building Code to determine that such certifications and
documentations are complete; and

LDC 4: 8
 (6) Advise applicants for new buildings and structures, including substantial improvements,
that are located in any unit of the Coastal Barrier Resources System established by the
Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier Improvement
Act of 1990 (Pub. L. 101-591) that federal flood insurance is not available on such
construction; areas subject to this limitation are identified on Flood Insurance Rate Maps
as “Coastal Barrier Resource System Areas” and “Otherwise Protected Areas.”
(i) Floodplain management records. Regardless of any limitation on the period required for
retention of public records, the Floodplain Administrator shall maintain and permanently
keep and make available for public inspection all records that are necessary for the
administration of this article and the flood resistant construction requirements of the Florida
Building Code, including Flood Insurance Rate Maps; Letters of Change; records of
issuance of permits and denial of permits; determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage; required design
certifications and documentation of elevations specified by the Florida Building Code and
this article; notifications to adjacent communities, FEMA, and the state, related to alterations
of watercourses; assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification for
issuance or denial; and records of enforcement actions taken pursuant to this article and the
flood resistant construction requirements of the Florida Building Code. These records shall
be available for public inspection at Escambia County Development Services.

Sec 4-2.5 PERMITS

(a) Permits required. Any owner or owner’s authorized agent (hereinafter “applicant”) who
intends to undertake any development activity within the scope of this article, including
buildings, structures and facilities exempt from the Florida Building Code, which is wholly
within or partially within any flood hazard area shall first make application to the Floodplain
Administrator, and the Building Official if applicable, and shall obtain the required permit(s)
and approval(s). No such permit or approval shall be issued until compliance with the
requirements of this article and all other applicable codes and regulations has been satisfied.

(b) Floodplain development permits or approvals. Floodplain development permits or approvals

shall be issued pursuant to this article for any development activities not subject to the
requirements of the Florida Building Code, including buildings, structures and facilities exempt
from the Florida Building Code. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator may determine that a
floodplain development permit or approval is required in addition to a building permit.
(c) Buildings, structures and facilities exempt from the Florida Building Code. Pursuant
to the requirements of federal regulation for participation in the National Flood Insurance
Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall
be required for the following buildings, structures and facilities that are exempt from the
Florida Building Code and any further exemptions provided by law, which are subject to the
requirements of this article:
(1) Railroads and ancillary facilities associated with the railroad.
(2) Nonresidential farm buildings on farms, as provided in Section 604.50, F.S.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in Section 366.02, F.S., which

LDC 4: 9
 are directly involved in the generation, transmission, or distribution of electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided
wooden hut that has a thatched roof of palm or palmetto or other traditional materials,
and that does not incorporate any electrical, plumbing, or other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and
assembled on site or preassembled and delivered on site and have walls, roofs, and a
floor constructed of granite, marble, or reinforced concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in the
state correctional system.
(9) Structures identified in Section 553.73(10)(k), F.S., are not exempt from the Florida
Building Code if such structures are located in flood hazard areas established on Flood
Insurance Rate Maps.
(d) Application for a permit or approval. To obtain a floodplain development permit or
approval the applicant shall first file an application in writing on a form furnished by the
community. The information provided shall:
(1) Identify and describe the development to be covered by the permit or approval.
(2) Describe the land on which the proposed development is to be conducted by legal
description, street address or similar description that will readily identify and definitively
locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section 4-2.6
of this article.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain Administrator.
(e) Validity of permit or approval. The issuance of a floodplain development permit or
approval pursuant to this article shall not be construed to be a permit for, or approval of, any
violation of this article, the Florida Building Codes, or any other ordinance of this community.
The issuance of permits based on submitted applications, construction documents, and
information shall not prevent the Floodplain Administrator from requiring the correction of
errors and omissions.
(f) Expiration. A floodplain development permit or approval shall become invalid unless the
work authorized by such permit is commenced within 180 days after its issuance, or if the
work authorized is suspended or abandoned for a period of 180 days after the work
commences. Extensions for periods of not more than 180 days each shall be requested in
writing and justifiable cause shall be demonstrated.
(g) Suspension or revocation. The Floodplain Administrator is authorized to suspend or
revoke a floodplain development permit or approval if the permit was issued in error, on the
basis of incorrect, inaccurate or incomplete information, or in violation of this article or any
other ordinance, regulation or requirement of this community.
(h) Other permits. Floodplain development permits and building permits shall include a
disclaimer that all other applicable state or federal permits be obtained by the applicant

LDC 4: 10
 before commencement of the permitted development. Such permits may include but not
limited to the following:
(1) The Northwest Florida Water Management District; Section 373.036, F.S.
(2) Florida Department of Health for onsite sewage treatment and disposal systems; Section
381.0065, F.S. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of the
coastal construction control line; Section 161.141, F.S.
(4) Florida Department of Environmental Protection for activities subject to the Joint Coastal
Permit; Section 161.055, F.S.
(5) Florida Department of Environmental Protection for activities that affect wetlands and
alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section
404 of the Clean Water Act.
(6) Federal permits and approvals.

Sec 4-2.6 SITE PLANS AND CONSTRUCTION DOCUMENTS

(a) Information for development in flood hazard areas. The site plan or construction
documents for any development subject to the requirements of this article shall be drawn to
scale and shall include, as applicable to the proposed development:

(1) Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood
elevation(s), and ground elevations if necessary for review of the proposed
development.
(2) Where base flood elevations, or floodway data are not included on the FIRM or in the
Flood Insurance Study, they shall be established in accordance with Section 4-
2.6(b)(2)or (3) of this article.
(3) Where the parcel on which the proposed development will take place will have more
than 50 lots or is larger than 5 acres and the base flood elevations are not included on
the FIRM or in the Flood Insurance Study, such elevations shall be established in
accordance with Section 4-2.6(b)(1) of this article.
(4) Location of the proposed activity and proposed structures, and locations of current
buildings and structures; in coastal high hazard areas, new buildings shall be located
landward of the reach of mean high tide.
(5) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(6) Where the placement of fill is proposed, the amount, type, and source of fill material;
compaction specifications; a description of the intended purpose of the fill areas; and
evidence that the proposed fill areas are the minimum necessary to achieve the intended
purpose.
(7) Delineation of the Coastal Construction Control Line or notation that the site is seaward
of the coastal construction control line, if applicable.
(8) Extent of any proposed alteration of sand dunes or mangrove stands provided such
alteration is approved by the Florida Department of Environmental Protection.
(9) Existing and proposed alignment of any proposed alteration of a watercourse.

The Floodplain Administrator is authorized to waive the submission of site plans,

construction documents, and other data that are required by this article but that are not

LDC 4: 11
 required to be prepared by a registered design professional if it is found that the nature of
the proposed development is such that the review of such submissions is not necessary to
ascertain compliance with this article.
(b) Information in flood hazard areas without base flood elevations (approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data have
not been provided, the Floodplain Administrator shall:
(1) Require the applicant to include base flood elevation data prepared in accordance with
currently accepted engineering practices.
(2) Obtain, review, and provide to applicants base flood elevation and floodway data
available from a federal or state agency or other source or require the applicant to obtain
and use base flood elevation and floodway data available from a federal or state agency
or other source.
(3) Where base flood elevation data and floodway data are not available from another
source, where the available data are deemed by the Floodplain Administrator to not
reasonably reflect flooding conditions, or where the available data are known to be
scientifically or technically incorrect or otherwise inadequate:

a. Require the applicant to include base flood elevation data prepared in accordance
with currently accepted engineering practices; or
b. Specify that the base flood elevation is 3 feet above the highest adjacent grade at
the location of the development, provided there is no evidence indicating flood
depths have been or may be greater than two (2) feet.
(4) Where the base flood elevation data are to be used to support a Letter of Map Change
from FEMA, advice the applicant that the analyses shall be prepared by a Florida
licensed engineer in a format required by FEMA, and that it shall be the responsibility of
the applicant to satisfy the submittal requirements and pay the processing fees.
(c) Additional analyses and certifications. As applicable to the location and nature of the
proposed development activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a Florida licensed engineer
for submission with the site plan and construction documents:
(1) For development activities proposed to be located in a regulatory floodway, a floodway
encroachment analysis that demonstrates that the encroachment of the proposed
development will not cause any increase in base flood elevations; where the applicant
proposes to undertake development activities that do increase base flood elevations, the
applicant shall submit such analysis to FEMA as specified in Section 4-2.6(d) of this
article and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with
the site plan and construction documents.
(2) For development activities proposed to be located in a riverine flood hazard area for
which base flood elevations are included in the Flood Insurance Study or on the FIRM
and floodways have not been designated, a hydrological and hydraulic analysis that
demonstrates that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachments, will not increase
the base flood elevation more than one (1) foot at any point within the community. This
requirement does not apply in isolated flood hazard areas not connected to a riverine
flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3) For alteration of a watercourse, an engineering analysis prepared in accordance with

LDC 4: 12
 standard engineering practices which demonstrates that the flood-carrying capacity of
the altered or relocated portion of the watercourse will not be decreased, and
certification that the altered watercourse shall be maintained in a manner which
preserves the channel's flood-carrying capacity; the applicant shall submit the analysis to
FEMA as specified in Section 4-2.6(d) of this article.
(4) For activities that propose to alter sand dunes or mangrove stands in coastal high
hazard areas (Zone V), an engineering analysis that demonstrates that the proposed
alteration will not increase the potential for flood damage.

(d) Submission of additional data. When additional hydrologic, hydraulic or other engineering
data, studies, and additional analyses are submitted to support an application, the applicant
has the right to seek a Letter of Map Change from FEMA to change the base flood
elevations, change floodway boundaries, or change boundaries of flood hazard areas shown
on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be
prepared by a Florida licensed engineer in a format required by FEMA. Submittal
requirements and processing fees shall be the responsibility of the applicant.

Sec 4-2.7 INSPECTIONS

(a) General. Development for which a floodplain development permit or approval is required
shall be subject to inspection.
(b) Development other than buildings and structures. The Floodplain Administrator shall
inspect all development to determine compliance with the requirements of this article and
the conditions of issued floodplain development permits or approvals.
(c) Buildings, structures and facilities exempt from the Florida Building Code. The
Floodplain Administrator shall inspect buildings, structures and facilities exempt from the
Florida Building Code to determine compliance with the requirements of this article and the
conditions of issued floodplain development permits or approvals.
(d) Buildings, structures and facilities exempt from the Florida Building Code, lowest
floor inspection. Upon placement of the lowest floor, including basement, and prior to
further vertical construction, the owner of a building, structure or facility exempt from the
Florida Building Code, or the owner’s authorized agent, shall submit to the Floodplain
Administrator:
(1) If a design flood elevation was used to determine the required elevation of the lowest
floor, the certification of elevation of the lowest floor prepared and sealed by a Florida
licensed professional surveyor; or
(2) If the elevation used to determine the required elevation of the lowest floor was
determined in accordance with Section 4-2.6(b)(3)(b) of this article, the documentation of
height of the lowest floor above highest adjacent grade, prepared by the owner or the
owner’s authorized agent.

(e) Buildings, structures and facilities exempt from the Florida Building Code, final
inspection. As part of the final inspection, the owner or owner’s authorized agent shall
submit to the Floodplain Administrator a final certification of elevation of the lowest floor or
final documentation of the height of the lowest floor above the highest adjacent grade; such
certifications and documentations shall be prepared as specified in Section 4-2.7(d) of this
article.

LDC 4: 13
(f) Manufactured homes. The Building Official shall inspect manufactured homes that are
installed or replaced in flood hazard areas to determine compliance with the requirements of
this article and the conditions of the issued permit. Upon placement of a manufactured
home, certification of the elevation of the lowest floor shall be submitted to the Building
Official.

Sec 4-2.8 VARIANCES AND APPEALS

(a) General. The Escambia County Board of Adjustments (BOA) shall hear and decide on
requests for appeals and requests for variances from the strict application of this article.
Pursuant to Section 553.73(5), F.S., the BOA shall hear and decide on requests for appeals
and requests for variances from the strict application of the flood resistant construction
requirements of the Florida Building Code. This section does not apply to Section 3109 of
the Florida Building Code, Building.
(b) Appeals. The BOA shall hear and decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain Administrator in the
administration and enforcement of this article. Any person aggrieved by the decision of
BOA may appeal such decision to the Circuit Court, as provided by Florida Statutes.
(c) Limitations on authority to grant variances. The BOA shall base its decisions on
variances on technical justifications submitted by applicants, the considerations for issuance
in Section 4-2.8(g) of this article, the conditions of issuance set forth in Section 4-2.8(h) of
this article, and the comments and recommendations of the Floodplain Administrator and
the Building Official. The BOA has the right to attach such conditions as it deems necessary
to further the purposes and objectives of this article.
(d) Restrictions in floodways. A variance shall not be issued for any proposed development
in a floodway if any increase in base flood elevations would result, as evidenced by the
applicable analyses and certifications required in Section 4-2.6(c) of this article.
(e) Historic buildings. A variance is authorized to be issued for the repair, improvement, or
rehabilitation of a historic building that is determined eligible for the exception to the flood
resistant construction requirements of the Florida Building Code, Existing Building, Chapter
11 Historic Buildings, upon a determination that the proposed repair, improvement, or
rehabilitation will not preclude the building’s continued designation as a historic building and
the variance is the minimum necessary to preserve the historic character and design of the
building. If the proposed work precludes the building’s continued designation as a historic
building, a variance shall not be granted and the building and any repair, improvement, and
rehabilitation shall be subject to the requirements of the Florida Building Code.
(f) Functionally dependent uses. A variance is authorized to be issued for the construction or
substantial improvement necessary for the conduct of a functionally dependent use, as
defined in this article, provided the variance meets the requirements of Section 4-2.8(d), is
the minimum necessary considering the flood hazard, and all due consideration has been
given to use of methods and materials that minimize flood damage during occurrence of the
base flood.
(g) Considerations for issuance of variances. In reviewing requests for variances, the BOA
shall consider all technical evaluations, all relevant factors, all other applicable provisions of
the Florida Building Code, this article, and the following:
(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;

LDC 4: 14
 (2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood damage
and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that is subject to
lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and emergency
vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable, expected at the site; and
(10) The costs of providing governmental services during and after flood conditions
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.

(h) Conditions for issuance of variances.

Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with any
provision of this article or the required elevation standards;
(2) Determination by the BOA that:
a. Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; increased costs to satisfy
the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, nor create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws and article; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relief;
d. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in the
chain of title of the affected parcel of land; and
e. If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a copy
in the record of a written notice from the Floodplain Administrator to the applicant for
the variance, specifying the difference between the base flood elevation and the
proposed elevation of the lowest floor, stating that the cost of federal flood insurance
will be commensurate with the increased risk resulting from the reduced floor elevation
and stating that construction below the base flood elevation increases risks to life and
property.

LDC 4: 15
Sec 4-2.9 VIOLATIONS
(a) Violations. Any development that is not within the scope of the Florida Building Code but
that is regulated by this article that is performed without an issued permit, that is in conflict
with an issued permit, or that does not fully comply with this article, shall be deemed a
violation of this article. A building or structure without the documentation of elevation of the
lowest floor, other required design certifications, or other evidence of compliance required
by this article or the Florida Building Code is presumed to be a violation until such time as
that documentation is provided.
(b) Authority. For development that is not within the scope of the Florida Building Code but
that is regulated by this article and that is determined to be a violation, the Floodplain
Administrator is authorized to serve notices of violation or stop work orders to owners of the
property involved, to the owner’s agent, or to the person or persons performing the work.
(c) Unlawful continuance. Any person who shall continue any work after having been served
with a notice of violation or a stop work order, except such work as that person is directed to
perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as
prescribed by law.

Sec 4-2.10 DEFINITIONS

(a) General. Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this article, have the meanings shown in this section.

(b) Terms defined in the Florida Building Code. Where terms are not defined in this article
and are defined in the Florida Building Code, such terms shall have the meanings ascribed
to them in that code.

(c) Terms not defined. Where terms are not defined in this article or in the Florida Building
Code, such terms shall have ordinarily accepted meanings such as the context implies.
Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the channel or the channel
capacity, or any other form of modification which may alter, impede, retard or change the
direction and/or velocity of the riverine flow of water during conditions of the base flood.
Appeal. A request for a review of the Floodplain Administrator’s interpretation of any provision
of this article.
ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the
Florida Building Code. ASCE 24 is developed and published by the American Society of Civil
Engineers, Reston, VA.
Base flood. A flood having a 1-percent chance of being equaled or exceeded in any given
year. The base flood is commonly referred to as the "100-year flood" or the “1-percent-annual
chance flood.”
Base flood elevation. The elevation of the base flood, including wave height, relative to the
National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other
datum specified on the Flood Insurance Rate Map (FIRM)
Basement. The portion of a building having its floor sub-grade (below ground level) on all
sides.

LDC 4: 16
Coastal construction control line. The line established by the State of Florida pursuant to
Section 161.053, F.S., and recorded in the official records of the community, which defines that
portion of the beach-dune system subject to severe fluctuations based on a 100-year storm
surge, storm waves or other predictable weather conditions.
Coastal high hazard area. A special flood hazard area extending from offshore to the inland
limit of a primary frontal dune, along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. Coastal high hazard areas are also referred to as
“high hazard areas subject to high velocity wave action” or “V Zones” and are designated on
Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V. In Perdido Key, beginning at the
intersection of State Road 292, Perdido Key Drive and Johnson Beach Road, all parcels south
of Johnson Beach Road and Perdido Key Drive to the Alabama line, are designated as coastal
high hazard areas for the purposes of the Land Development Code, the County Code of
Ordinances, and the Florida Building Code.
Datum. A reference surface used to ensure that all elevation records are properly related. The
current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is
expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988.
Design flood. The flood associated with the greater of the following two areas:
(1) Area with a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) Area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
Design flood elevation. The elevation of the “design flood,” including wave height, relative to
the datum specified on the community’s legally designated flood hazard map. In areas
designated as Zone AO, the design flood elevation shall be the elevation of the highest existing
grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard
map.
Development. Any man-made change to improved or unimproved real estate, including but not
limited to, buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling
operations or any other land disturbing activities.
Encroachment. The placement of fill, excavation, buildings, permanent structures or other
development into a flood hazard area which may impede or alter the flow capacity of riverine
flood hazard areas.
Elevated building. A non-basement building built to have the lowest floor elevated above the
ground level by foundation walls, posts, piers, columns, pilings, or shear walls.
Existing building and existing structure. Any buildings and structures for which the “start of
construction” commenced before September 30, 1977.
Existing manufactured home park or subdivision. A manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) was completed before September
30, 1977.
Expansion to an existing manufactured home park or subdivision. The preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
Federal Emergency Management Agency (FEMA). The federal agency that, in addition to
carrying out other functions, administers the National Flood Insurance Program.

LDC 4: 17
Flood or flooding. A general and temporary condition of partial or complete inundation of
normally dry land from the overflow of inland or tidal waters or the unusual and rapid
accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding direct
and prolonged contact with floodwaters without sustaining any damage that requires more than
cosmetic repair.
Flood hazard area. The greater of the following two areas:
1. The area within a floodplain subject to a 1-percent or greater chance of flooding in any
year.
2. The area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.
Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal
Emergency Management Agency has delineated both special flood hazard areas and the risk
premium zones applicable to the community.
Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map (if applicable), the water surface elevations of the base flood, and supporting
technical data.
Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this article (may be referred to as the Floodplain Manager).
Floodplain development permit or approval. An official document or certificate issued by the
community, or other evidence of approval or concurrence, which authorizes performance of
specific development activities that are located in flood hazard areas and that are determined to
be compliant with this article.
Floodplain management regulations. This article and other zoning articles, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance, and erosion control ordinance), and other applications of police
power which control development in floodprone areas. The term describes federal, State of
Florida, or local regulations in any combination thereof, which provide standards for preventing
and reducing flood loss and damage.
Floodproofing. A combination of design modifications which results in a building or structure,
including the attendant utility and sanitary facilities, being water tight with walls substantially
impermeable to the passage of water and with structural components having the capacity to
resist loads as identified in the Florida Building Code.
Floodway. The channel of a river or other riverine watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one (1) foot.
Floodway encroachment analysis. An engineering analysis of the impact that a proposed
encroachment into a floodway is expected to have on the floodway boundaries and base flood
elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using
standard engineering methods and models.
Florida Building Code. The family of codes adopted by the Florida Building Commission,
including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building
Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing;
Florida Building Code, Fuel Gas.

LDC 4: 18
 Freeboard. The additional height, usually expressed as a factor of safety in feet, above a flood
level for purposes of floodplain management.
Functionally dependent use. A use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water, including only docking facilities, port facilities
that are necessary for the loading and unloading of cargo or passengers, and ship building and
ship repair facilities; the term does not include long-term storage or related manufacturing
facilities.
Hardship/unique hardship. A hardship results if due to circumstances involving the parcel's
size, location, configuration or geotechnical condition, the strict application of this article:
A. Renders the parcel unusable; or
B. Denies the owner of the same development rights commonly enjoyed by similarly
situated property owners who are in compliance with the ordinance.

A hardship may not result through the fault of the owner, e.g. such as by building without a
permit.
Highest adjacent grade. The highest natural elevation of the ground surface prior to
construction next to the proposed walls or foundation of a structure.
Historic structure. Any structure that is determined eligible for the exception to the flood
hazard area requirements of the Florida Building Code, Existing Building, Chapter 11 Historic
Buildings.
Letter of Map Change (LOMC). An official determination issued by FEMA that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map
Change include:
Letter of Map Amendment (LOMA): An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or
parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community’s floodplain management regulations.
Conditional Letter of Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds
Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or
less and which has a basic vehicle frontal area of 45 square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a

LDC 4: 19
 vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(3) Available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including
basement, but excluding any unfinished or flood-resistant enclosure, other than a basement,
usable solely for vehicle parking, building access or limited storage provided that such
enclosure is not built so as to render the structure in violation of the non-elevation requirement
of the Florida Building Code or ASCE 24
Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet
or more in width and greater than four hundred (400) square feet, and which is built on a
permanent, integral chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
"recreational vehicle" or “park trailer.”
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
Market value. The price at which a property will change hands between a willing buyer and a
willing seller, neither party being under compulsion to buy or sell and both having reasonable
knowledge of relevant facts. As used in this article, the term refers to the market value of
buildings and structures, excluding the land and other improvements on the parcel. Market
value may be established by a qualified independent appraiser, Actual Cash Value
(replacement cost depreciated for age and quality of construction), or tax assessment value
adjusted to approximate market value by a factor provided by the Property Appraiser.
New construction. For the purposes of administration of this article and the flood resistant
construction requirements of the Florida Building Code, structures for which the “start of
construction” commenced on or after September 30, 1977 and includes any subsequent
improvements to such structures.
New manufactured home park or subdivision. A manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after September 30,
1977.
North American Vertical Datum (NAVD) of 1988. A vertical control used as a reference for
establishing varying elevations within the floodplain.
Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and
which is built on a single chassis and is designed to provide seasonal or temporary living
quarters when connected to utilities necessary for operation of installed fixtures and appliances.
[Defined in section 320.01, F. S.]
Recreational vehicle. A vehicle, including a park trailer, which is: [Defined in Section 320.01,
F.S.)
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and

LDC 4: 20
 (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward of the
beach.
Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of
flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO,
A1-A30, AE, A99, AH, V1-V30, VE or V
Start of construction. The date of issuance for new construction and substantial improvements
to existing structures, provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement is within 180 days of the date of the
issuance. The actual start of construction means either the first placement of permanent
construction of a building (including a manufactured home) on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns.
Permanent construction does not include land preparation (such as clearing, grading, or
filling), the installation of streets or walkways, excavation for a basement, footings, piers, or
foundations, the erection of temporary forms or the installation of accessory buildings such as
garages or sheds not occupied as dwelling units or not part of the main buildings. For a
substantial improvement, the actual “start of construction” means the first alteration of any wall,
ceiling, floor or other structural part of a building, whether or not that alteration affects the
external dimensions of the building

Substantial damage. Damage of any origin sustained by a building or structure whereby the
cost of restoring the building or structure to its before-damaged condition would equal or exceed
50 percent of the market value of the building or structure before the damage occurred
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a building or structure, the cost of which equals or exceeds 50 percent of the
market value of the building or structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not, however,
include either
(1) Any project for improvement of a building required to correct existing health, sanitary, or
safety code violations identified by the building official and that are the minimum
necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.
Variance. A grant of relief from the requirements of this article, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a manner
that would not otherwise be permitted by this article or the Florida Building Code. A quasi-
judicial remedy for hardship administered by the Board of Adjustment in accordance with the
procedures contained in this article. See Section 4-2.8.

LDC 4: 21
Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or
over which water flows at least periodically.
Water surface elevation. The height, in relation to the North American Vertical Datum (NAVD)
of 1988, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine
areas.
( Ord. No. 2017-26, § 2, 5-4-2017)

Sec 4-2.11 FLOOD RESISTANT DEVELOPMENT

(a) Buildings and Structures. Pursuant to Section 4-2.5(c) of this article, buildings, structures
and facilities that are exempt from the Florida Building Code, including substantial improvement
or repair of substantial damage of such buildings, structures and facilities, shall be designed and
constructed in accordance with the flood load and flood resistant construction requirements of
ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed
buildings shall comply with the requirements of Section 4-2.17 of this article.

(b) Buildings and structures seaward of the coastal construction control line. If
extending, in whole or in part, seaward of the coastal construction control line and also
located, in whole or in part, in a flood hazard area:
(1) Buildings and structures shall be designed and constructed to comply with the more
restrictive applicable requirements of the Florida Building Code, Building Section 3109
and Section 1612 or Florida Building Code, Residential Section R322.
(2) Minor structures and non-habitable major structures as defined in Section 161.54, F.S.,
shall be designed and constructed to comply with the intent and applicable provisions of
this article and ASCE 24.

Sec 4-2.12 SUBDIVISIONS

(a) Minimum requirements. Subdivision proposals, including proposals for manufactured home
parks and subdivisions, shall be reviewed to determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards: in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures.
(b) Subdivision plats. Where any portion of proposed subdivisions, including manufactured
home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design
flood elevations, as appropriate, shall be shown on preliminary plats and final plats;
(2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood
elevations are not included on the FIRM, the base flood elevations determined in
accordance with Section 4-2.6(b)(1) of this article; and
(3) Compliance with the site improvement and utility requirements of Section 4-2.13 of this
article.

LDC 4: 22
Sec 4-2.13 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS

(a) Minimum requirements. All proposed new development shall be reviewed to determine
that:
(1) Such proposals are consistent with the need to minimize flood damage and will be
reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and water
systems are located and constructed to minimize or eliminate flood damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and
AO, adequate drainage paths shall be provided to guide floodwaters around and away
from proposed structures
(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private
sewage treatment plants (including all pumping stations and collector systems), and on-site
waste disposal systems shall be designed in accordance with the standards for onsite sewage
treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize
or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood
waters, and impairment of the facilities and systems.
(c) Water supply facilities. All new and replacement water supply facilities shall be designed in
accordance with the water well construction standards in Chapter 62-532.500, F.A.C. and
ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the systems.
(d) Limitations on sites in regulatory floodways. No development, including but not limited to
site improvements, and land disturbing activity involving fill or regrading, shall be authorized
in the regulatory floodway unless the floodway encroachment analysis required in Section 4-
2.6(c)(1) of this article demonstrates that the proposed development or land disturbing
activity will not result in any increase in the base flood elevation.
(e) Limitations on placement of fill. Subject to the limitations of this article, fill shall be
designed to be stable under conditions of flooding including rapid rise and rapid drawdown
of floodwaters, prolonged inundation, and protection against flood-related erosion and scour.
In addition to these requirements, if intended to support buildings and structures (Zone A
only), fill shall comply with the requirements of the Florida Building Code.
(f) Limitations on sites in coastal high hazard areas (Zone V). In coastal high hazard areas,
alteration of sand dunes and mangrove stands shall be permitted only if such alteration is
approved by the Florida Department of Environmental Protection and only if the engineering
analysis required by Section 4-2.6(c)(4) of this article demonstrates that the proposed
alteration will not increase the potential for flood damage. Construction or restoration of
dunes under or around elevated buildings and structures shall comply with Section 4-
2.18(h)(3) of this article.

Sec 4-2.14 MANUFACTURED HOMES

(a) General. All manufactured homes installed in flood hazard areas shall be installed by an
installer that is licensed pursuant to Section 320.8249, F.S, and shall comply with the
requirements of Chapter 15C-1, F.A.C. and the requirements of this article. If located
seaward of the Coastal Construction Control Line, all manufactured homes shall comply with
the more restrictive of the applicable requirements.
(b) Foundations. All new manufactured homes and replacement manufactured homes installed
in flood hazard areas shall be installed on permanent, reinforced foundations that:

LDC 4: 23
 (1) In flood hazard areas (Zone A) other than coastal high hazard areas, are designed in
accordance with the foundation requirements of the Florida Building Code, Residential
Section R322.2 and this ordinance.
(2) In coastal high hazard areas (Zone V), are designed in accordance with the foundation
requirements of the Florida Building Code, Residential Section R322.3 and this
ordinance.
(c) Anchoring. All new manufactured homes and replacement manufactured homes shall be
installed using methods and practices which minimize flood damage and shall be securely
anchored to an adequately anchored foundation system to resist flotation, collapse or lateral
movement. Methods of anchoring include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This anchoring requirement is in addition to applicable state and local
anchoring requirements for wind resistance.
(d) Elevation. Manufactured homes that are placed, replaced, or substantially improved shall
comply with Section 4-2.146(e) or (f) of this article, as applicable.

(e) General elevation requirement. Unless subject to the requirements of Section 4-2.14(f) of
this article, all manufactured homes that are placed, replaced, or substantially improved on
sites located:
(1) outside of a manufactured home park or subdivision;
(2) in a new manufactured home park or subdivision;
(3) in an expansion to an existing manufactured home park or subdivision; or
(4) in an existing manufactured home park or subdivision upon which a manufactured home
has incurred "substantial damage" as the result of a flood, shall be elevated such that
the bottom of the frame is at or above the elevation required, as applicable to the flood
hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A) or
Section R322.3 (Zone V).
(f) Elevation requirement for certain existing manufactured home parks and subdivisions.
Manufactured homes that are not subject to Section 4-2.14(e) of this article, including
manufactured homes that are placed, replaced, or substantially improved on sites located in
an existing manufactured home park or subdivision, unless on a site where substantial
damage as result of flooding has occurred, shall be elevated such that either the:
(1) Bottom of the frame of the manufactured home is at or above the elevation
required, as applicable to the flood hazard area, in the Florida Building Code,
Residential Section R322.2 (Zone A) or Section R322.3 (Zone V); or
(2) Bottom of the frame is supported by reinforced piers or other foundation
elements of at least equivalent strength that are not less than 60 inches in height
above grade.
(g) Enclosures. Enclosed areas below elevated manufactured homes shall comply with the
requirements of the Florida Building Code, Residential Section R322 for such enclosed
areas, as applicable to the flood hazard area.

(h) Utility equipment. Utility equipment that serves manufactured homes, including electric,
heating, ventilation, plumbing, and air conditioning equipment and other service facilities,
shall comply with the requirements of the Florida Building Code, Residential Section R322,
as applicable to the flood hazard area.

LDC 4: 24
Sec 4-2.15 RECREATIONAL VEHICLES AND PARK TRAILERS

(a) Temporary placement. Recreational vehicles and park trailers placed temporarily in flood
hazard areas (no longer than 14 days) shall be fully licensed and ready for highway use,
which means the recreational vehicle or park model is on wheels or jacking system, is
attached to the site only by quick-disconnect type utilities and security devices, and has no
permanent attachments such as additions, rooms, stairs, decks and porches.
(b) Permanent placement. Recreational vehicles and park trailers that do not meet the
limitations in Section 4-2.15(a) of this article for temporary placement shall meet the
requirements of Section 4-2.14 of this article for manufactured homes.
Sec 4-2.16 TANKS
(a) Underground tanks. Underground tanks in flood hazard areas shall be anchored to
prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming the
tank is empty.
(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the elevation
requirements of Section 4-2.16(c) of this article shall:
(1) Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas,
provided the tanks are anchored or otherwise designed and constructed to prevent
flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic
loads during conditions of the design flood, including the effects of buoyancy assuming
the tank is empty and the effects of flood-borne debris.
(2) Not be permitted in coastal high hazard areas (Zone V).
(c) Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be
attached to and elevated to or above the design flood elevation on a supporting structure
that is designed to prevent flotation, collapse or lateral movement during conditions of the
design flood. Tank-supporting structures shall meet the foundation requirements of the
applicable flood hazard area.
(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:
(1) At or above the design flood elevation or fitted with covers designed to prevent the
inflow of floodwater or outflow of the contents of the tanks during conditions of the
design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy, during conditions of the design flood.

Sec 4-2.17 OTHER DEVELOPMENT

(a) General requirements for other development. All development, including man-made
changes to improved or unimproved real estate for which specific provisions are not
specified in this article or the Florida Building Code, shall:
(1) Be located and constructed to minimize flood damage;
(2) Meet the limitations of Section 4-2.13(d) of this article if located in a regulated floodway;
(3) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood;
(4) Be constructed of flood damage-resistant materials; and

LDC 4: 25
 (5) Have mechanical, plumbing, and electrical systems above the design flood elevation,
except that minimum electric service required addressing life safety and electric code
requirements is permitted below the design flood elevation provided it conforms to the
provisions of the electrical part of building code for wet locations.

(b) Fences in regulated floodways. Fences in regulated floodways that have the potential to
block the passage of floodwaters, such as stockade fences and wire mesh fences, shall
meet the limitations of Section 4-2.13(d) of this article.
(c) Retaining walls, sidewalks and driveways in regulated floodways. Retaining walls and
sidewalks and driveways that involve the placement of fill in regulated floodways shall meet
the limitations of Section 4-2.13(d) of this article.
(d) Roads and watercourse crossings in regulated floodways. Roads and watercourse
crossings, including roads, bridges, culverts, low-water crossings and similar means for
vehicles or pedestrians to travel from one side of a watercourse to the other side, that
encroach into regulated floodways shall meet the limitations of Section 4-2.13(d) of this
article. Alteration of a watercourse that is part of a road or watercourse crossing shall meet
the requirements of Section 4-2.6(c)(3) of this article.
(e) Concrete slabs used as parking pads, enclosure floors, landings, decks, walkways,
patios and similar nonstructural uses in coastal high hazard areas (Zone V). In
coastal high hazard areas, concrete slabs used as parking pads, enclosure floors, landings,
decks, walkways, patios and similar nonstructural uses are permitted beneath or adjacent
to buildings and structures provided the concrete slabs are designed and constructed to be:
(1) Structurally independent of the foundation system of the building or structure;
(2) Frangible and not reinforced, so as to minimize debris during flooding that is capable of
causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.

(f) Decks and patios in coastal high hazard areas (Zone V). In addition to the requirements
of the Florida Building Code, in coastal high hazard areas decks and patios shall be located,
designed, and constructed in compliance with the following:
(1) A deck that is structurally attached to a building or structure shall have the bottom of the
lowest horizontal structural member at or above the design flood elevation and any
supporting members that extend below the design flood elevation shall comply with the
foundation requirements that apply to the building or structure, which shall be designed
to accommodate any increased loads resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be structurally
independent from buildings or structures and their foundation systems, and shall be
designed and constructed either to remain intact and in place during design flood
conditions or to break apart into small pieces to minimize debris during flooding that is
capable of causing structural damage to the building or structure or to adjacent buildings
and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or that is
constructed with more than the minimum amount of fill necessary for site drainage shall
not be approved unless an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave run-up and wave
reflection that would increase damage to the building or structure or to adjacent buildings
and structures.

LDC 4: 26
 (4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that is at
natural grade or on nonstructural fill material that is similar to and compatible with local soils
and is the minimum amount necessary for site drainage may be approved without requiring
analysis of the impact on diversion of floodwaters or wave run-up and wave reflection.
(g) Other development in coastal high hazard areas (Zone V). In coastal high hazard
areas, development activities other than buildings and structures shall be permitted only if
also authorized by the appropriate federal, state or local authority; if located outside the
footprint of, and not structurally attached to, buildings and structures; and if analyses
prepared by qualified registered design professionals demonstrate no harmful diversion of
floodwaters or wave run-up and wave reflection that would increase damage to adjacent
buildings and structures. Such other development activities include but are not limited to:
(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless designed
and constructed to fail under flood conditions less than the design flood or otherwise
function to avoid obstruction of floodwaters; and
(3) On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as filled
systems or mound systems.
(4) A pool adjacent to an elevated V zone building may be constructed at grade or
elevated so that the lowest horizontal structural member supporting the pool is at or
above BFE. A Florida registered design professional must certify that such structure will
not be subject to breaking up or floating out of the ground and affecting the pilings and
columns of the supporting system of the surrounding buildings. The certified
professional must also verify that the pool and accessory equipment will not divert
waves an increase potential damage to any nearby buildings. All pool equipment must
be strapped down or elevated above BFE to prevent flotation.
(h) Nonstructural fill in coastal high hazard areas (Zone V). In coastal high hazard areas:
(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five units
horizontal shall be permitted only if an analysis prepared by a qualified registered
design professional demonstrates no harmful diversion of floodwaters or wave run-up
and wave reflection that would increase damage to adjacent buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or applicable
local approval, sand dune construction and restoration of sand dunes under or around
elevated buildings are permitted without additional engineering analysis or certification
of the diversion of floodwater or wave run-up and wave reflection if the scale and
location of the dune work is consistent with local beach-dune morphology and the
vertical clearance is maintained between the top of the sand dune and the lowest
horizontal structural member of the building.
(Ord. No. 2016-10, § 2, 1-21-2016)

LDC 4: 27
Article 3 Santa Rosa Island Authority Floodplain Management

Sec. 4-3.1 Floodplain management on Pensacola Beach under the control of

the Santa Rosa Island Authority
(a) GENERAL. These regulations shall be known as the Floodplain Management
Ordinance of the Santa Rosa Island Authority, hereinafter referred to as “this article.”

(b) Scope. These provisions shall apply to all development or redevelopment of

property within the jurisdiction of the Santa Rosa Island Authority (SRIA), including
but not limited to the subdivision of land; filling, grading, and other site improvements
and utility installations; construction, alteration, remodeling, enlargement, improvement,
replacement, repair, relocation or demolition of buildings, structures, and facilities that
are exempt from the Florida Building Code; placement, installation, or replacement of
manufactured buildings; installation or replacement of tanks; placement of recreational
vehicles; installation of swimming pools; and any other development.

Sec. 4-3.2 General provisions.

(a) The purposes of this article and the flood load and flood resistant construction
requirements of the Florida Building Code are to establish minimum requirements to
safeguard the public health, safety, and general welfare and to minimize public and
private losses due to flooding through regulation of development to:

(1) Minimize unnecessary disruption of commerce, access and public service during
times of flooding;
(2) Require the use of appropriate construction practices in order to prevent or
minimize future flood damage;
(3) Manage filling, grading, dredging, mining, paving, excavation, drilling operations,
storage of equipment or materials, and other development which may increase
flood damage or erosion potential;
(4) Manage the alteration of flood hazard areas, watercourses, and shorelines to
minimize the impact of development on the natural and beneficial functions of the
floodplain;
(5) Minimize damage to public and private facilities and utilities;
(6) Help maintain a stable tax base by providing for the sound use and development
of flood hazard areas;
(7) Minimize the need for future expenditure of public funds for flood control projects
and response to and recovery from flood events; and
(8) Meet the requirements of the National Flood Insurance Program for community
participation as set forth in the Title 44 Code of Federal Regulations, Section
59.22.
(b) Coordination with the Florida Building Code. This article is intended to be
administered and enforced in conjunction with the Florida Building Code. Where
cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida
Building Code.

LDC 4: 28
(c) Warning. The degree of flood protection required by this article and the Florida
Building Code, as amended by the SRIA, is considered the minimum reasonable for
regulatory purposes and is based on scientific and engineering considerations. Larger
floods can and will occur. Flood heights may be increased by man-made or natural
causes. This article does not imply that uses permitted will be free from flooding or
flood damage. The flood hazard areas and base flood elevations contained in the Flood
Insurance Study and shown on Flood Insurance Rate Maps and the requirements of
Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the
Federal Emergency Management Agency, requiring the SRIA to revise these
regulations to remain eligible for participation in the National Flood Insurance
Program. No guaranty of vested use, existing use, or future use is implied or
expressed by compliance with this code.
(d) Disclaimer of Liability. The provisions of this article shall not create liability on the
part of the Escambia County Board of County Commissioners or by any officer or
employee thereof, or the Santa Rosa Island Authority or by any officer or employee
thereof, for any flood damage that results from reliance on these provisions or any
administrative decision lawfully made thereunder.

4-3.3 APPLICABILITY.

(a) General. Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
(b) Areas to which these regulations apply. These regulations shall apply to all land
within the jurisdiction of the Santa Rosa Island Authority.
(c) Basis for establishing flood hazard data. The Flood Insurance Study for
Escambia County, Florida and Incorporated Areas dated September 29, 2006, and
all subsequent amendments and revisions, and the accompanying Flood Insurance
Rate Maps (FIRM), and all subsequent amendments and revisions to such maps,
are adopted by reference as a part of this article and shall serve as the minimum
basis for establishing flood hazard data. Studies and maps that establish flood
hazard data are on file at the SRIA Department of Environmental and
Developmental Services.
(d) Other laws. The provisions of this article shall not be deemed to nullify any
provisions of local, state or federal law.
(e) Abrogation and greater restrictions. The provisions of this article supersedes any
ordinance in effect for management of development within the jurisdiction of the
Santa Rosa Island Authority. However, it is not intended to repeal or abrogate any
existing ordinances, including but not limited to land development regulations,
zoning ordinances, stormwater management regulations, or the Florida Building
Code. In the event of a conflict between these regulations and any other regulation,
the more restrictive shall govern. These regulations shall not impair any deed
restriction, covenant or easement, but any land that is subject to such interests shall
also be governed by this article.

LDC 4: 29
(f) Interpretation. In the interpretation and application of the provisions of this article,
all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state
statutes.
4-3.4 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.

(a) Designation. The Director of Developmental Services is designated as the

Floodplain Administrator. The Floodplain Administrator may delegate performance
of certain duties to other employees.
(b) General. The Floodplain Administrator is authorized and directed to administer and
enforce the floodplain management provisions of this article. The Floodplain
Administrator shall have the authority to render interpretations of this article
consistent with the intent and purpose of this article and may establish policies and
procedures in order to clarify the application of its provisions. Such interpretations,
policies, and procedures shall not have the effect of waiving requirements
specifically provided in this article without the granting of a variance pursuant to
Section 4-3.8 of this article. The Floodplain Administrator shall have the authority to
approve all applications for development under the jurisdiction of the Santa Rosa
Island Authority. Building permits and certificates of occupancy issued by Escambia
County shall be consistent with the Floodplain Administrator’s approvals and denials
of approvals.
(c) Applications, approvals, and permits. The Floodplain Administrator, in
coordination with other pertinent offices of the SRIA and the County, shall:
(1) Review applications for modification of any existing development for compliance
with the requirements of this article;
(2) Provide available flood elevation and flood hazard information;
(3) Determine whether additional flood hazard data shall be obtained from other
sources or shall be developed by an applicant;
(4) Review applications to determine whether proposed development will be
reasonably safe from flooding;
(5) Issue floodplain development approvals for development other than buildings and
structures that are subject to the Florida Building Code, including buildings,
structures and facilities exempt from the Florida Building Code, when compliance
with the provisions of this article is demonstrated, or disapprove the same in the
event of noncompliance; and
(6) Coordinate with and provide comments to the Escambia County Building Officials
to assure that applications, plan reviews, County permits, and inspections for
buildings and structures comply with the applicable provisions of this article.

Supp 3
LDC 4: 30
(d) Substantial improvement and substantial damage determinations. For
applications for approvals and building permits to improve buildings and structures,
including alterations, movement, enlargement, replacement, repair, change of
occupancy, additions, rehabilitations, renovations, substantial improvements, repairs
of substantial damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the Escambia County
Building Officials, shall:
(1) Obtain the estimated building value from the Escambia County Property
Appraiser to estimate the market value, or allow the applicant to obtain an
appraisal of the market value prepared by a qualified independent appraiser of
the building or structure before the start of construction of the proposed work; in
the case of repair, the market value of the building or structure shall be the
market value before the damage occurred and before any repairs are made;
(2) Compare the cost to perform the improvement, the cost to repair a damaged
building to its pre-damaged condition, or the combined costs of improvements
and repairs, if applicable, to the market value of the building or structure;
(3) Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage; for proposed work to improve,
modify, or add to an existing building, the determination requires evaluation of
previous permits as specified in the definition of “substantial improvement”; and
(4) Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the flood
resistant construction requirements of the Florida Building Code and this article is
required.

(e) Modifications of the strict application of the requirements of the Florida

Building Code. The Floodplain Administrator shall review requests submitted to the
Escambia County Building Official that seek approval to modify the strict application
of the flood load and flood resistant construction requirements of the Florida Building
Code to determine whether such requests require the granting of a variance
pursuant to Section 4-3.8 of this article.
(f) Notices and orders. The Floodplain Administrator shall coordinate with appropriate
local agencies for the issuance of all necessary notices or orders to ensure
compliance with this article.
(g) Inspections. The Floodplain Administrator shall make the required inspections as
specified in Section 4-3.7 of this article for development that is not subject to the
Florida Building Code, including buildings, structures and facilities exempt from the
Florida Building Code. The Floodplain Administrator shall inspect areas to
determine if development is undertaken without issuance of an approval or County
permit.
(h) Other duties of the Floodplain Administrator. The Floodplain Administrator shall
have other duties, including but not limited to:
(1) Establish, in coordination with the Escambia County Building Official, procedures

LDC 4: 31
 for administering and documenting determinations of substantial improvement
and substantial damage made pursuant to Section 4-3.4(d) of this article;
(2) Require that applicants proposing alteration of a watercourse notify adjacent
communities and the Florida Division of Emergency Management, State
Floodplain Management Office, and submit copies of such notifications to the
Federal Emergency Management Agency (FEMA);
(3) Require applicants who submit hydrologic and hydraulic engineering analyses to
support approval and permit applications to submit to FEMA the data and
information necessary to maintain the Flood Insurance Rate Maps if the analyses
propose to change base flood elevations or flood hazard area boundaries, such
submissions shall be made within 6 months of such data becoming available;
(4) Review required design certifications and documentation of elevations specified
by this article and the Florida Building Code to determine that such certifications
and documentations are complete and correct;
(5) Notify the Federal Emergency Management Agency when the corporate
boundaries of the Santa Rosa Island Authority are modified; and
(6) Advise applicants for new buildings and structures, including substantial
improvements that are located in any unit of the Coastal Barrier Resources
System established by the Coastal Barrier Resources Act (Pub. L. 97-348) and
the Coastal Barrier Improvement Act of 1990 (Pub. L. 101-591) that federal flood
insurance is not available on such construction; areas subject to this limitation
are identified on Flood Insurance Rate Maps as “Coastal Barrier Resource
System Areas” and “Otherwise Protected Areas.”

(i) Floodplain management records. Regardless of any limitation on the period

required for retention of public records, the Floodplain Administrator shall maintain
and permanently keep and make available for public inspection all records that are
necessary for the administration of this article and the flood resistant construction
requirements of the Florida Building Code, including Flood Insurance Rate Maps;
Letters of Map Change; records of issuance of approvals and denial of approvals;
determinations of whether proposed work constitutes substantial improvement or
repair of substantial damage; required design certifications and documentation of
elevations specified by the Florida Building Code and this article; notifications to
adjacent communities, FEMA, and the state related to alterations of watercourses;
assurances that the flood carrying capacity of altered watercourses will be
maintained; documentation related to appeals and variances, including justification
for issuance or denial; and records of enforcement actions taken pursuant to the
provisions of this article and the flood resistant construction requirements of the
Florida Building Code. These records shall be available for public inspection at the
SRIA Department of Environmental and Developmental Services.

4-3.5 APPROVALS AND PERMITS.

(a) Approvals and Permits required. Any owner or owner’s authorized agent
(hereinafter “applicant”) who intends to undertake any development activity within
the scope of this ordinance, including buildings, structures and facilities exempt from
LDC 4: 32
 the Florida Building Code, which is wholly within or partially within the jurisdictional
limits of the SRIA shall first make application to the Floodplain Administrator for
approval, and shall obtain the required approval(s) and County permit(s). No such
permit or approval shall be issued until compliance with the requirements of this article
and all other applicable codes and regulations has been satisfied.
(b) Floodplain development permits or approvals. Floodplain development permits or
approvals shall be issued pursuant to this article for any development activities not
subject to the requirements of the Florida Building Code, including buildings, structures
and facilities exempt from the Florida Building Code. Depending on the nature and
extent of proposed development that includes a building or structure, the Floodplain
Administrator may determine that a floodplain development approval is required in
addition to a building permit.
(c) Buildings, structures and facilities exempt from the Florida Building Code.
Pursuant to the requirements of federal regulation for participation in the National
Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development
permits or approvals shall be required for the following buildings, structures and
facilities that are exempt from the Florida Building Code and any further exemptions
provided by law, which are subject to the requirements of this article.

(1) Railroads and ancillary facilities associated with the railroad.

(2) Nonresidential farm buildings on farms, as provided in section 604.50, Fla. Stat.
(3) Temporary buildings or sheds used exclusively for construction purposes.
(4) Mobile or modular structures used as temporary offices.
(5) Those structures or facilities of electric utilities, as defined in section 366.02, Fla.
Stat., which are directly involved in the generation, transmission, or distribution of
electricity.
(6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the
Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means
an open-sided wooden hut that has a thatched roof of palm or palmetto or other
traditional materials, and that does not incorporate any electrical, plumbing, or
other non-wood features.
(7) Family mausoleums not exceeding 250 square feet in an area which are
prefabricated and assembled on site or preassembled and delivered on site and
have walls, roofs, and a floor constructed of granite, marble, or reinforced
concrete.
(8) Temporary housing provided by the Department of Corrections to any prisoner in
the state correctional system.
(9) Structures identified in section 553.73(10)(k), Fla. Stat., are not exempt from the
Florida Building Code if such structures are located in flood hazard areas
established on Flood Insurance Rate Maps.
(d) Application for approval. To obtain a floodplain development approval the
applicant shall first file an application in writing on a form furnished by the SRIA

LDC 4: 33
 Department of Environmental and Developmental Services. The information
provided shall:

(1) Identify and describe the development to be covered by the approval.

(2) Describe the land on which the proposed development is to be conducted by
legal description, street address or similar description that will readily identify and
definitively locate the site.
(3) Indicate the use and occupancy for which the proposed development is intended.
(4) Be accompanied by a site plan or construction documents as specified in Section
4-3.6 of this article.
(5) State the valuation of the proposed work.
(6) Be signed by the applicant or the applicant's authorized agent.
(7) Give such other data and information as required by the Floodplain
Administrator.
(8) For projects that include enclosed areas under elevated buildings, include a
signed nonconversion lease amendment as described in Section 4-3.5.
(e) Nonconversion lease amendment. Where an enclosed area below the design
flood elevation exceeds four feet in height, measured from floor of the enclosure to
the underside of the floor system above, the applicant shall sign a nonconversion
lease amendment acknowledging that the conversion of the area below the lowest
floor to a use or dimension contrary to the building's originally approved design is
prohibited.
(1) The nonconversion lease amendment shall authorize the Floodplain
Administrator to conduct inspections of the enclosed area in accordance with the
lease amendment’s authorization to make future inspections of the leasehold
upon reasonable notice to the Lessee.
(2) The applicant shall provide a copy that documents that the nonconversion lease
amendment has been recorded in the Office of the Clerk of the Court in such a
manner that it appears in the chain of title of the affected property.
(3) A copy of the recorded nonconversion lease amendment shall be presented as a
condition of issuance of the final certificate of occupancy.
(f) Certificate of occupancy. The Escambia County Building Official shall not issue a
certificate of occupancy until:

(1) The permit applicant has provided the Floodplain Administrator with a copy of the
following, where applicable:
a. The building permit,
b. The “Final Construction” Elevation Certificate,
c. The as-built site survey, and
d. The recorded nonconversion lease amendment; and

LDC 4: 34
(2) The Floodplain Administrator has notified the Escambia County Building Inspections
Division that the project has been completed and is in compliance with the
provisions of this article.

(g)Validity of permit or approval. The issuance of a floodplain development permit or

approval pursuant to this article shall not be construed to be a permit for, or approval
of, any violation of this ordinance, the Florida Building Codes, or any other ordinance
of SRIA or Escambia County. The issuance of permits based on submitted
applications, construction documents, and information shall not prevent the
Floodplain Administrator from requiring the correction of errors and omissions.
(h) Expiration. A floodplain development permit or approval shall become invalid
unless the work authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized is suspended or abandoned for a period of 180
days after the work commences. Extensions for periods of not more than 180 days
each shall be requested in writing and justifiable cause shall be demonstrated.
(i) Suspension or revocation. The Floodplain Administrator is authorized to suspend
or revoke a floodplain development approval if the approval or permit was issued in
error, on the basis of incorrect, inaccurate or incomplete information, or in violation
of this article or any other ordinance, regulation or requirement of the SRIA.
(j) Other permits required. Floodplain development approvals and permits and
building permits shall include a condition that all other applicable state or federal
permits be obtained before commencement of the permitted development, including
but not limited to the following:

(1) The Northwest Florida Water Management District; section 373.036, Fla. Stat.
(2) Florida Department of Health for onsite sewage treatment and disposal systems;
section 381.0065, Fla. Stat. and Chapter 64E-6, F.A.C.
(3) Florida Department of Environmental Protection for construction, reconstruction,
changes, or physical activities for shore protection or other activities seaward of
the coastal construction control line; section 161.141, Fla. Stat.
(4) Florida Department of Environmental Protection for activities subject to the Joint
Coastal Permit; section 161.055, Fla. Stat.
(5) Florida Department of Environmental Protection for activities that affect wetlands
and alter surface water flows, in conjunction with the U.S. Army Corps of
Engineers; Section 404 of the Clean Water Act.
(6) Federal permits and approvals.

4-3.6 SITE PLANS AND CONSTRUCTION DOCUMENTS.

(a)Information for development. The site plan or construction documents for any
development subject to the requirements of this article shall be drawn to scale and
shall include, as applicable to the proposed development:

LDC 4: 35
 (1) Delineation of Flood Insurance Rate Map zones, base flood elevation(s), and
ground elevations if necessary for review of the proposed development.
(2) Location of the proposed activity and proposed structures, and locations of
existing buildings and structures; in coastal high hazard areas, new buildings shall
be located landward of the reach of mean high tide.
(3) Location, extent, amount, and proposed final grades of any filling, grading, or
excavation.
(4) Where the placement of fill is proposed, the amount, type, and source of fill
material; compaction specifications; a description of the intended purpose of the fill
areas; and evidence that the proposed fill areas are the minimum necessary to
achieve the intended purpose.
(5) Delineation of the Coastal Construction Control Line or notation that the site is
seaward of the coastal construction control line, if applicable.
(6) Extent of any proposed alteration of sand dunes or mangrove stands, provided
such alteration is approved by the Florida Department of Environmental Protection.

The Floodplain Administrator is authorized to waive the submission of site plans,

construction documents, and other data that are required by this article but that are not
required to be prepared by a registered design professional if it is found that the nature
of the proposed development is such that the review of such submissions is not
necessary to ascertain compliance with this article.

(b)Additional analyses and certifications. For activities that propose to alter sand
dunes or mangrove stands in coastal high hazard areas, the applicant shall submit
an engineering analysis, signed and sealed by a Florida licensed engineer, that
demonstrates the proposed alteration will not increase the potential for flood
damage.

4-3.7 INSPECTIONS.

(a) General. Development for which a floodplain development permit or approval is

required shall be subject to inspection.

(b) Development other than buildings and structures. The Floodplain Administrator
shall inspect all development to determine compliance with the requirements of this
article and the conditions of issued floodplain development permits or approvals.

(c) Buildings, structures and facilities exempt from the Florida Building Code.
The Floodplain Administrator shall inspect buildings, structures and facilities exempt
from the Florida Building Code to determine compliance with the requirements of this
article and the conditions of issued floodplain development permits or approvals.

(d) Buildings, structures and facilities exempt from the Florida Building Code,
lowest floor inspection. Upon placement of the lowest floor, including basement,

LDC 4: 36
 and prior to further vertical construction, the owner of a building, structure or facility
exempt from the Florida Building Code, or the owner’s authorized agent, shall submit
to the Floodplain Administrator the certification of elevation of the lowest floor
prepared and sealed by a Florida licensed professional surveyor.

(e) Buildings, structures and facilities exempt from the Florida Building Code,
final inspection. As part of the final inspection, the owner or owners’ authorized
agent shall submit to the Floodplain Administrator a final certification of elevation of
the lowest floor; such certifications shall be prepared as specified in Section 4-3.7(d)
of this article.

4-3.8 VARIANCES AND APPEALS.

(a) Appeals. The SRIA Board shall hear appeals when it is alleged there is an error in
any requirement, decision, or determination made by the Floodplain Administrator in
the administration and enforcement of this ordinance. The SRIA Board shall make
final decisions on appeals to the actions of SRIA staff. Any person aggrieved by the
decision of the SRIA Board may appeal such decision to the Escambia County
Board of County Commissioners.

(b) Variances. Pursuant to section 553.73(5), Fla. Stat., the SRIA Board shall hear
requests for variances from the strict application of the flood resistant construction
requirements of the Florida Building Code and recommend their resolution to the
Escambia County Board of Adjustment which shall make final decisions. Any
person aggrieved by the decision of the Escambia County Board of Adjustment may
appeal such decision to the Escambia County Board of County Commissioners.
This section does not apply to Section 3109 of the Florida Building Code, Building.

(c)Limitations on authority to grant variances. The SRIA Board and the Escambia
County Board of Adjustment shall base their recommendations and decisions on
variances on technical justifications submitted by applicants, the considerations for
issuance in Section 4-3.8 of this article, the conditions of issuance set forth in
Section 4-3.9 of this article, and the comments and recommendations of the
Floodplain Administrator and the Escambia County Building Official. The SRIA
Board and the Escambia County Board of Adjustment have the right to recommend
and subsequently to attach such conditions deemed necessary to further the
purposes and objectives of this article.

(d)Historic buildings. A variance is authorized to be issued for the repair,

improvement, or rehabilitation of a historic building that is determined eligible for the
exception to the flood resistant construction requirements of the Florida Building
Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the
proposed repair, improvement, or rehabilitation will not preclude the building’s
continued designation as a historic building and the variance is the minimum
necessary to preserve the historic character and design of the building. If the
proposed work precludes the building’s continued designation as a historic building,

LDC 4: 37
 a variance shall not be granted and the building and any repair, improvement, and
rehabilitation shall be subject to the requirements of the Florida Building Code.

(e) Functionally dependent uses. A variance is authorized to be issued for the

construction or substantial improvement necessary for the conduct of a functionally
dependent use, as defined in this article, provided the variance is the minimum
necessary considering the flood hazard, and all due consideration has been given to
use of methods and materials that minimize flood damage during occurrence of the
base flood.

(f) Considerations for issuance of variances. In reviewing requests for variances,

the SRIA Board and the Escambia County Board of Adjustment shall consider all
technical evaluations, all relevant factors, all other applicable provisions of the
Florida Building Code, this article, and the following:

(1) The danger that materials and debris may be swept onto other lands resulting in
further injury or damage;
(2) The danger to life and property due to flooding or erosion damage;
(3) The susceptibility of the proposed development, including contents, to flood
damage and the effect of such damage on current and future owners;
(4) The importance of the services provided by the proposed development to the
community;
(5) The availability of alternate locations for the proposed development that are
subject to lower risk of flooding or erosion;
(6) The compatibility of the proposed development with existing and anticipated
development;
(7) The relationship of the proposed development to the comprehensive plan and
floodplain management program for the area;
(8) The safety of access to the property in times of flooding for ordinary and
emergency vehicles;
(9) The expected heights, velocity, duration, rate of rise and debris and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
(10) The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities such
as sewer, gas, electrical and water systems, streets and bridges.

4-3.9 CONDITIONS FOR ISSUANCE OF VARIANCES.

Variances shall be issued only upon:
(a) Submission by the applicant, of a showing of good and sufficient cause that the
unique characteristics of the size, configuration, or topography of the site limit
compliance with any provision of this ordinance or the required elevation standards;

LDC 4: 38
(b) Determination by the SRIA Board and the Escambia County Board of Adjustment
that:
(1) Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute hardship;
(2) The granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances,
cause fraud on or victimization of the public or conflict with existing local laws
and ordinances; and
(3) The variance is the minimum necessary, considering the flood hazard, to afford
relief;

(c) Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded in the Office of the Clerk of the Court in such a manner that it appears in
the chain of title of the affected parcel of land; and
(d) If the request is for a variance to allow construction of the lowest floor of a new
building, or substantial improvement of a building, below the required elevation, a
copy in the record of a written notice from the Floodplain Administrator to the
applicant for the variance, specifying the difference between the base flood elevation
and the proposed elevation of the lowest floor, stating that the cost of federal flood
insurance will be commensurate with the increased risk resulting from the reduced
floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and
stating that construction below the base flood elevation increases risks to life and
property.

4-3.10 VIOLATIONS.

(a) Violations. Any development that is not within the scope of the Florida Building
Code but that is regulated by this article that is performed without the Administrator’s
approval or an issued permit, that is in conflict with an issued approval or permit, or
that does not fully comply with the provisions of this article, shall be deemed a
violation of this article. A building or structure without the documentation of elevation
of the lowest floor, other required design certifications, or other evidence of
compliance required by this article or the Florida Building Code is presumed to be a
violation until such time as that documentation is provided.

(b) Authority. For development that is not within the scope of the Florida Building Code
but that is regulated by this article and that is determined to be a violation, the
Floodplain Administrator is authorized to serve notices of violation or stop work
orders to owners of the property involved, to the owner’s agent, or to the person or
persons performing the work.

(c) Unlawful continuance. Any person who shall continue any work after having been
served with a notice of violation or a stop work order, except such work as that

LDC 4: 39
 person is directed to perform to remove or remedy a violation or unsafe condition,
shall be subject to penalties as prescribed by law.

4-3.11 DEFINITIONS

Unless otherwise expressly stated, the following words and terms shall, for the
purposes of this article , have the meanings shown in this section.

(a) Terms defined in the Florida Building Code. Where terms are not defined in this
ordinance and are defined in the Florida Building Code, such terms shall have the
meanings ascribed to them in that code.

(b) Terms not defined. Where terms are not defined in this ordinance or the Florida
Building Code, such terms shall have ordinarily accepted meanings such as the
context implies.

Appeal. A request for a review of the Floodplain Administrator’s interpretation of any

provision of this article.

ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced
by the Florida Building Code. ASCE 24 is developed and published by the American
Society of Civil Engineers, Reston, VA.

Base flood. A flood having a 1-percent chance of being equaled or exceeded in any
given year. The base flood is commonly referred to as the "100-year flood" or the “1-
percent-annual chance flood.”

Base flood elevation. The elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
(NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). For an area
where no base flood elevation is shown on the FIRM, the base flood elevation shall be
the highest base flood elevation specified on the FIRM adjacent to that area.

Basement. The portion of a building having its floor subgrade (below ground level) on
all sides.

Building Official. The Building Official for Escambia County.

Coastal construction control line. The line established by the State of Florida
pursuant to section 161.053, Fla. Stat., and recorded in the official records of Escambia
County, which defines that portion of the beach-dune system subject to severe
fluctuations based on a 100-year storm surge, storm waves or other predictable weather
conditions.

Coastal high hazard area. The area subject to high velocity wave action from storms
or seismic sources. Coastal high hazard areas are also referred to as “high hazard

LDC 4: 40
areas subject to high velocity wave action.” The entire area of the Santa Rosa Island
Authority is considered a coastal high hazard area for the purposes of this ordinance
and the Florida Building Code.

Nonconversion Lease Amendment. A form provided by the Floodplain Administrator

to be signed by the owner and recorded in Official Records of the Clerk of Courts in a
manner to appear in the chain of title, for the owner to agree not to convert or modify in
any manner that is inconsistent with the terms of the building permit and these
regulations any enclosures below elevated buildings, and to authorize in accordance
with the lease amendment, the Floodplain Administrator to conduct inspections of any
enclosures upon reasonable notice to the Lessee.

Design flood. The flood associated with the greater of the following two areas:

(3) Area with a floodplain subject to a 1-percent or greater chance of flooding in any
year; or
(4) Area designated as a flood hazard area on the community’s flood hazard map, or
otherwise legally designated.

Design flood elevation. The elevation of the “design flood,” including wave height,
relative to the datum specified on the community’s legally designated flood hazard map.

Development. Any man-made change to improved or unimproved real estate,

including but not limited to, buildings or other structures, tanks, temporary structures,
temporary or permanent storage of equipment or materials, mining, dredging, filling,
grading, paving, excavations, drilling operations or any other land disturbing activities.

Existing building and existing structure. Any buildings and structures for which the
“start of construction” commenced before September 28, 1973.

Federal Emergency Management Agency (FEMA). The federal agency that, in

addition to carrying out other functions, administers the National Flood Insurance
Program.

Flood or flooding. A general and temporary condition of partial or complete inundation

of normally dry land from:

(1) The overflow of inland or tidal waters.

(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood damage-resistant materials. Any construction material capable of withstanding
direct and prolonged contact with floodwaters without sustaining any damage that
requires more than cosmetic repair.

LDC 4: 41
Flood hazard area. For the purposes of this ordinance and the Florida Building Code,
all lands within the jurisdiction of the Santa Rosa Island Authority are considered to be a
flood hazard area.

Flood Insurance Rate Map (FIRM). The official map of the community on which the
Federal Emergency Management Agency has delineated both special flood hazard
areas and the risk premium zones (“flood zones”) applicable to the community.

Flood Insurance Study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data.

Floodplain Administrator. The office or position designated and charged with the
administration and enforcement of this ordinance.

Floodplain development approval. A written approval issued by the Floodplain

Administrator which notifies the Escambia County Building Official that the requested
development activity is determined to be compliant with this ordinance.

Floodplain development permit. An official document or certificate issued by the

Escambia County Building Official, or other evidence of approval or concurrence, which
authorizes performance of specific development activities and that are determined to be
compliant with this ordinance.

Florida Building Code. The family of codes adopted by the Florida Building
Commission, including: Florida Building Code, Building; Florida Building Code,
Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical;
Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Functionally dependent use. A use which cannot perform its intended purpose unless
it is located or carried out in close proximity to water, including only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers,
and ship building and ship repair facilities; the term does not include long-term storage
or related manufacturing facilities.

Historic structure. Any structure that is determined eligible for the exception to the
flood hazard area requirements of the Florida Building Code, Existing Building, Chapter
11 Historic Buildings.

Letter of Map Change (LOMC). An official determination issued by FEMA that amends
or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Such
amendments or revisions generally only affect the insurance aspects of the National
Flood Insurance Program and do not alter the fact that the entire jurisdictional area of
the Santa Rosa Island Authority is considered a coastal high hazard area and subject to
this ordinance and the Florida Building Code. Letters of Map Change include:

LDC 4: 42
Letter of Map Amendment (LOMA). An amendment based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A
LOMA amends the current effective Flood Insurance Rate Map and establishes that a
specific property, portion of a property, or structure is not located in a special flood
hazard area.

Letter of Map Revision (LOMR). A revision based on technical data that may show
changes to flood zones, flood elevations, special flood hazard area boundaries and
floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F). A determination that a structure or

parcel of land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
SRIA’s floodplain management regulations.

Conditional Letter of Map Revision (CLOMR). A formal review and comment as to

whether a proposed flood protection project or other project complies with the minimum
NFIP requirements for such projects with respect to delineation of special flood hazard
areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built documentation, a
Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Light-duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500
pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of
6,000 pounds or less and which has a basic vehicle frontal area of 45 square feet or
less, which is:

(4) Designed primarily for purposes of transportation of property or is a derivation of

such a vehicle, or
(5) Designed primarily for transportation of persons and has a capacity of more than 12
persons; or
(6) Available with special features enabling off-street or off-highway operation and use.

Lowest floor. The lowest floor of the lowest enclosed area of a building or structure,
including basement, but excluding any unfinished or flood-resistant enclosure, other
than a basement, usable solely for vehicle parking, building access or limited storage
provided that such enclosure is not built so as to render the structure in violation of the
non-elevation requirements of the Florida Building Code or ASCE 24.

Manufactured home. A structure, transportable in one or more sections, which is eight

(8) feet or more in width and greater than four hundred (400) square feet, and which is
built on a permanent, integral chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle" or “park trailer.”

LDC 4: 43
Market value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. As used in this ordinance, the term refers to
the market value of a building or structure, excluding the land and other improvements
on the parcel. Market value is established as specified in Section4-3.4(d).

New construction. For the purposes of administration of this ordinance and the flood
resistant construction requirements of the Florida Building Code, structures for which
the “start of construction” commenced on or after September 28, 1973 and includes any
subsequent improvements to such structures.

Nonconforming structure. A building or structure legally constructed in accordance

with the applicable building laws in effect at the time of construction that does not meet
current building or flood hazard regulations. A structure can become "nonconforming"
due to revisions to the building code or the flood hazard regulations or a revision to the
Flood Insurance Rate Map that increases the base flood elevation.

Park trailer. A transportable unit which has a body width not exceeding fourteen (14)
feet and which is built on a single chassis and is designed to provide seasonal or
temporary living quarters when connected to utilities necessary for operation of installed
fixtures and appliances.

Recreational vehicle. A vehicle, including a park trailer, which is:

(5) Built on a single chassis;

(6) Four hundred (400) square feet or less when measured at the largest horizontal
projection;
(7) Designed to be self-propelled or permanently towable by a light-duty truck; and
(8) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.

Sand dunes. Naturally occurring accumulations of sand in ridges or mounds landward

of the beach.

Special flood hazard area. An area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. Special flood hazard areas are shown on FIRMs
as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.

Start of construction. The date of issuance of permits for new construction and
substantial improvements, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement is within 180
days of the date of the issuance. The actual start of construction means either the first
placement of permanent construction of a building (including a manufactured home) on
a site, such as the pouring of slab or footings, the installation of pilings, the construction

LDC 4: 44
of columns. Permanent construction does not include land preparation (such as
clearing, grading, or filling), the installation of streets or walkways, excavation for a
basement, footings, piers, or foundations, the erection of temporary forms or the
installation of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main buildings. For a substantial improvement, the actual “start
of construction” means the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external dimensions of the
building.
Substantial damage. Damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before-damaged condition
would equal or exceed 50 percent of the market value of the building or structure before
the damage occurred.
Substantial improvement. Any combination of repair, reconstruction, rehabilitation,
addition, or other improvement of a building or structure taking place during a 10-year
period, the cumulative cost of which equals or exceeds 50 percent of the market value
of the building or structure before the improvement or repair is started. For each
building or structure, the 10-year period begins on the date of the first improvement or
repair of that building or structure subsequent to the effective date of this ordinance. If
the structure has sustained "substantial damage," any repairs are considered
substantial improvement regardless of the actual repair work performed. The term does
not, however, include either:

(3) Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the Escambia County Building Official
and that are the minimum necessary to assure safe living conditions.
(4) Any alteration of a historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure.

Variance. A grant of relief from the requirements of this ordinance, or the flood resistant
construction requirements of the Florida Building Code, which permits construction in a
manner that would not otherwise be permitted by this article or the Florida Building
Code.

Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.

4-3.12 BUILDINGS AND STRUCTURES.

(a) Design and construction of buildings, structures and facilities exempt from
the Florida Building Code. Pursuant to Section 4-3.5(c) of this article, buildings,
structures, and facilities that are exempt from the Florida Building Code, including
substantial improvement or repair of substantial damage of such buildings, structures
and facilities, shall be designed and constructed in accordance with the flood load and
flood resistant construction requirements of ASCE 24. Structures exempt from the

LDC 4: 45
 Florida Building Code that are not walled and roofed buildings shall comply with the
requirements of Section 4-3.18 of this article.

(b) Standards for buildings and structures within the jurisdiction of the SRIA.

(1) Buildings and structures shall be designed and constructed to comply with the
more restrictive applicable requirements of the Florida Building Code, Building
Section 3109 and Section 1612 or Florida Building Code, Residential Section
R322, applicable to coastal high hazard areas.

(2) Nonconforming buildings and structures shall not be extended, expanded, or

enlarged unless the entire nonconforming structure is brought into conformance
with the flood hazard area requirements of the Florida Building Code and this
article.
(3) Minor structures and non-habitable major structures as defined in section 161.54,
Fla. Stat. shall be designed and constructed to comply with the intent and
applicable provisions of this article and ASCE 24.

4-3.13 SUBDIVISIONS.

(a) Minimum requirements. Subdivision proposals shall be reviewed to determine

that:

(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;
(2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards and
adequate drainage paths shall be provided to guide floodwaters around and
away from existing and proposed structures.

(b) Subdivision plats. The following shall be required for each subdivision plat:

(1) Delineation of flood zones and design flood elevations, as appropriate, shall be
shown on preliminary plats;
(2) Compliance with the site improvement and utilities requirements of Section 4-
3.14 of this article.

4-3.14 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS.

(a) Minimum requirements. All proposed new development shall be reviewed to

determine that:
(1) Such proposals are consistent with the need to minimize flood damage and will
be reasonably safe from flooding;

LDC 4: 46
 (2) All public utilities and facilities such as sewer, gas, electric, communications, and
water systems are located and constructed to minimize or eliminate flood
damage; and
(3) Adequate drainage is provided to reduce exposure to flood hazards and
adequate drainage paths shall be provided to guide floodwaters around and
away from existing and proposed structures.

(b) Sanitary sewage facilities. All new and replacement sanitary sewage facilities
(including all pumping stations and collector systems) shall be designed in
accordance with the standards for onsite sewage treatment and disposal systems in
Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to minimize or eliminate infiltration of
floodwaters into the facilities and discharge from the facilities into flood waters, and
impairment of the facilities and systems.
(c) Water supply facilities. All new and replacement water supply facilities shall be
designed in accordance with ASCE 24 Chapter 7 to minimize or eliminate infiltration
of floodwaters into the systems.

(d) Limitations on placement of fill. Subject to the limitations of this ordinance, fill
shall be designed to be stable under conditions of flooding including rapid rise and
rapid drawdown of floodwaters, prolonged inundation, and protection against flood-
related erosion and scour. Fill shall not be permitted to support buildings and
structures.

(e) Limitations on site improvements. Alteration of sand dunes and mangrove stands
shall be permitted only if such alteration is approved by the Florida Department of
Environmental Protection and only if the engineering analysis required by Section 4-
3.6(b) of this article demonstrates that the proposed alteration will not increase the
potential for flood damage. Construction or restoration of dunes under or around
elevated buildings and structures shall comply with Section 4-3.18(e) of this article.

4-3.15 MANUFACTURED HOMES.

Manufactured home prohibition. Manufactured homes are not permitted within the
jurisdiction of the SRIA.

4-3.16 RECREATIONAL VEHICLES AND PARK TRAILERS.

(a) Temporary placement. Recreational vehicles and park trailers placed temporarily
shall:

(1) Be on the site for fewer than 180 consecutive days; or

(2) Be fully licensed and ready for highway use, which means the recreational
vehicle or park model is on wheels or jacking system, is attached to the site only
by quick-disconnect type utilities and security devices, and has no permanent
attachments such as additions, rooms, stairs, decks and porches.

LDC 4: 47
(b) Permanent placement prohibited. Permanent placement of recreational vehicles
and park trailers is not permitted within the jurisdiction of the SRIA.

4-3.17 TANKS.

(a) Underground tanks. Underground tanks shall be anchored to prevent flotation,

collapse or lateral movement resulting from hydrodynamic and hydrostatic loads
during conditions of the design flood, including the effects of buoyancy assuming the
tank is empty.

(b) Above-ground tanks, not elevated. Above-ground tanks that do not meet the
elevation requirements of Article 2, Section 4-2.4 of the LDC shall not be permitted.

(c) Above-ground tanks, elevated. Above-ground tanks shall be attached to and

elevated to or above the design flood elevation on a supporting structure that is
designed to prevent flotation, collapse or lateral movement during conditions of the
design flood. Tank-supporting structures shall meet the foundation requirements for
coastal high hazard areas.

(d) Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be:

(1) At or above the design flood elevation or fitted with covers designed to prevent
the inflow of floodwater or outflow of the contents of the tanks during conditions of
the design flood; and
(2) Anchored to prevent lateral movement resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during conditions of the design
flood.

4-3.18 OTHER DEVELOPMENT.

(a) General requirements for other development. All development, including man-
made changes to improved or unimproved real estate for which specific provisions
are not specified in this article or the Florida Building Code, shall:

(1) Be located and constructed to minimize flood damage;

(2) Be anchored to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions of the
design flood;
(3) Be constructed of flood damage-resistant materials; and
(4) Have mechanical, plumbing, and electrical systems above the design flood
elevation or meet the requirements of ASCE 24, except that minimum electric
service required to address life safety and electric code requirements is permitted
below the design flood elevation provided it conforms to the provisions of the
electrical part of building code for wet locations.

LDC 4: 48
Supp3
(b) Concrete slabs used as parking pads, enclosure floors, landings, decks,
walkways, patios and similar nonstructural uses. Concrete slabs used as
parking pads, enclosure floors, landings, decks, walkways, patios and similar
nonstructural uses are permitted beneath or adjacent to buildings and structures
provided the concrete slabs are designed and constructed to be:

(1) Structurally independent of the foundation system of the building or structure;

(2) Frangible and not reinforced, so as to minimize debris during flooding that is
capable of causing significant damage to any structure; and
(3) Have a maximum slab thickness of not more than four (4) inches.

(c) Decks and patios. In addition to the requirements of the Florida Building Code,
decks and patios shall be located, designed, and constructed in compliance with the
following:

(1) A deck that is structurally attached to a building or structure shall have the
bottom of the lowest horizontal structural member at or above the design flood
elevation and any supporting members that extend below the design flood
elevation shall comply with the foundation requirements that apply to the building
or structure, which shall be designed to accommodate any increased loads
resulting from the attached deck.
(2) A deck or patio that is located below the design flood elevation shall be
structurally independent from buildings or structures and their foundation
systems, and shall be designed and constructed either to remain intact and in
place during design flood conditions or to break apart into small pieces to
minimize debris during flooding that is capable of causing structural damage to
the building or structure or to adjacent buildings and structures.
(3) A deck or patio that has a vertical thickness of more than twelve (12) inches or
that is constructed with more than the minimum amount of fill necessary for site
drainage shall not be approved unless an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave run-up and wave reflection that would increase damage to the building
or structure or to adjacent buildings and structures.
(4) A deck or patio that has a vertical thickness of twelve (12) inches or less and that
is at natural grade or on nonstructural fill material that is similar to and compatible
with local soils and is the minimum amount necessary for site drainage may be
approved without requiring analysis of the impact on diversion of floodwaters or
wave run-up and wave reflection.

(d) Other development. Development activities other than buildings and structures
shall be permitted only if also authorized by the appropriate federal, state or local
authority; if located outside the footprint of, and not structurally attached to, buildings
and structures; and if analyses prepared by qualified registered design professionals

LDC 4: 49
 demonstrate no harmful diversion of floodwaters or wave run-up and wave reflection
that would increase damage to adjacent buildings and structures. Such other
development activities include but are not limited to:

(1) Bulkheads, seawalls, retaining walls, revetments, and similar erosion control
structures; and
(2) Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design flood
or otherwise function to avoid obstruction of floodwaters.

(e) Nonstructural fill. In coastal high hazard areas:

(1) Minor grading and the placement of minor quantities of nonstructural fill shall be
permitted for landscaping and for drainage purposes under and around buildings.
(2) Nonstructural fill with finished slopes that are steeper than one unit vertical to five
units horizontal shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of floodwaters
or wave run-up and wave reflection that would increase damage to adjacent
buildings and structures.
(3) Where authorized by the Florida Department of Environmental Protection or
applicable local approval, sand dune construction and restoration of sand dunes
under or around elevated buildings are permitted without additional engineering
analysis or certification of the diversion of floodwater or wave run-up and wave
reflection if the scale and location of the dune work is consistent with local beach-
dune morphology and the vertical clearance is maintained between the top of the
sand dune and the lowest horizontal structural member of the building.
(Ord. No. 2015-43, § 1, 10-8-2015)

LDC 4: 50
Article 4 Airport and Airfield Environs
Sec. 4-4.1 Purpose of article.
This article establishes land use regulations that implement Comprehensive Plan
policies requiring the prevention of airport and airfield hazards and incompatible land
uses around those facilities. It is the intent of these regulations to ensure the continued
safe and efficient use of navigable airspace and operation of airports, airfields and other
air navigation or communication facilities within the county. Airport and airfield hazards
effectively reduce the size of areas available for the landing, taking off and maneuvering
of aircraft, tending to destroy or impair both the present and future utility of aviation
facilities and any public investment in them. Incompatible uses and activities have the
potential for being hazardous to persons and property on the ground as well as aircraft
operations.
The County shall enforce its airport regulations to assure compliance with the
requirements set forth in Chapter 333, Florida Statutes, as amended, to meet the intent
of the Federal Aviation Administration’s reviewed and accepted noise exposure maps,
and to prevent encroachment into airport operational areas.
( Ord. No. 2015-12,§ 1 (Exh. A), 4-16-2-15; Ord. No. 2016-43, § 1, 12-8-2016; Ord. No. 2017-30 § 1, 5-25-17)
Sec. 4-4.2 General provisions.
(a) Approval required. All land uses and development activities in proximity to airports
and airfields require county review, permitting and approval for compliance with the
regulations of this article unless the use or activity is specifically identified in the LDC
as exempt from these regulations. The regulations include both obstruction
limitations for flight safety and land use restrictions for areas exposed to noise and
accident risk.
(b) Modification of regulations. Variances to the strict application of the regulations of
this article may only be granted as specifically allowed by the variance provisions of
this article and the compliance review processes of Chapter 2.
(c) Applicable airports and airfields. The following facilities, each with an established
elevation of the highest point above mean sea level of its runways or landing areas,
are protected by the provisions of this article:
Pensacola International Airport: 121 feet
Ferguson Airport: 27 feet
Naval Air Station (NAS) Pensacola, Sherman Field: 28 feet
Navy Outlying Landing Field (NOLF) Site 8: 110 feet
Any new airport as may be developed within the County.
(d) Source standards. The obstruction provisions of this article are derived from
federal obstruction standards in Safe, Efficient Use, and Preservation of the
Navigable Airspace, 14 CFR pt. 77, and Unified Facilities Criteria (UFC) 3-260-01,
Airfield and Heliport Planning and Design. The land use compatibility provisions are
derived from Airport Noise Compatibility Planning, 14 CFR pt. 150, and the Air
Installations Compatible Use Zones (AICUZ) program as described in OPNAV
Instruction 11010.36C. However, whenever the provisions of this section reference

Supp. 11 LDC 4: 51
 federal standards or recommendations, the latest version is intended unless the
context clearly indicates otherwise.
(e) Notifications.
(1) Federal Aviation Administration. Any person proposing any construction or
alteration requiring notice to the Federal Aviation Administration (FAA) shall file
such notice according to the applicability, form and time of notice requirements
established in federal “preservation of navigable airspace” regulations.
Subsequently, the FAA will make a determination of any hazard to air navigation
and the appropriateness of any obstruction marking and lighting or other
measures necessary for the continued safety of air navigation. However, FAA
determinations are not approvals or permits for any construction or development.
Approval and permitting remain responsibilities of the state and county which
have authority to require the air safety measures recommended by the FAA and
to deny a construction or alteration permit regardless of FAA determinations.
(2) State of Florida. All variances to airport or airfield provisions of the LDC, or any
amendments to them, shall be filed with the State of Florida in compliance with
the provisions of this article. Any state permits required for structures exceeding
federal standards for obstructions to air navigation shall be obtained according to
Florida Statutes.
(3) Airport and airfield officials. Notification to airport or airfield officials is required
for any property that is within a designated airport or airfield height limitation zone
or planning district and is the subject of an application for rezoning, all site
development, subdivision or Board or Adjustment (BOA) approval, or as
otherwise determined appropriate by the Planning Official. Those officials
identified in the interlocal agreement between Escambia County and the U.S.
Navy shall be notified regarding military airfields, and the director of the
Pensacola International Airport shall be notified regarding that facility.
Notification shall include access to application documents, a request to review
and comment on proposed actions, and a request for recommendations to the
county regarding application approval.
(f) Interior noise reduction. In areas of high noise exposure from normal airport and
airfield operations, interior noise reduction methods are required to maintain
compatibility for some uses. Anticipated high noise exposure is represented by
noise zones according to a FAA standard measure of the 24-hour day-night average
sound level (Ldn). Noise reduction required by the applicable noise zone shall be
identified on building construction plans and accomplished according to nationally
accepted sound attenuation methods. For the habitable space within any new
building or building addition, the following noise reductions are required by exposure:
(1) Below 65 Ldn. For noise exposures less than 65 Ldn, no interior noise reduction
is required.
(2) Between 65 and 70 Ldn. For noise exposures between 65 and 70 Ldn, an
interior noise level reduction of at least 25 decibels (dB) is required for residential
uses or educational facilities, and is recommended for other noise sensitive uses.

Supp.11 LDC 4: 52
 (3) Between 70 and 75 Ldn. For noise exposures between 70 and 75 Ldn, an
interior noise level reduction of at least 30 dB is required for residential,
educational, public assembly or reception, office, and other noise sensitive uses.
(4) Above 75 Ldn. For noise exposures above 75 Ldn, residential and educational
uses are prohibited regardless of noise reduction measures, but an interior noise
level reduction of at least 35 dB is required for public assembly or reception,
office, and other noise sensitive uses.
(g) Divided parcels and buildings. Generally, when a parcel is divided by an airport or
airfield planning district boundary, only that portion of the parcel within the district is
subject to district requirements. Requirements of the areas or zones that make up a
planning district are similarly limited. However, when any part of a parcel is within
an airfield planning district, the avigation easement provisions apply to the entire
parcel. For any new building or addition proposed within more than one noise zone,
the more stringent sound reduction requirements apply to the entire building or
addition.
(h) Transfer of development rights. At such time as the county may establish a
comprehensive program for transfer of development rights, parcels within the airport
and airfield planning districts shall be eligible as sending parcels, but shall not be
included in that program as receiving parcels.

Sec. 4-4.3 Hazards to air navigation.

(a) Hazards prohibited. No permit or other approval to construct a new structure or
establish a new use shall be granted that would allow the establishment or creation
of an airport or airfield hazard. Additionally, no approval shall be granted that would
allow a nonconforming use, structure or site condition to become a higher
obstruction or greater hazard to air navigation.
(b) Obstruction hazards. A hazard to air navigation is presumed to exist when an
object of natural growth or terrain, or of permanent or temporary construction or
alteration, including mobile objects and equipment or materials used, exceeds any
federally established standards for identifying obstructions to air navigation or
navigational aids or facilities. Those standards apply regardless of other LDC height
limits.
(1) Exceeding height limits. Except as otherwise provided, no object shall be
constructed or altered in such a way as to exceed the height limitations
established here unless a variance is first obtained according to the provisions of
this article.
(2) Obstruction marking and lighting. Any permit granted for an obstruction to air
navigation shall, as a condition of approval, require the owner to install, operate,
and maintain at their expense any marking or lighting of the obstruction that has
been recommended in a FAA aeronautical study determination, or as otherwise
required by Florida Statutes. The county may also condition permit approval on
any other obstruction marking and lighting recommendations provided by the
operators of airports or airfields within the county.

LDC 4: 53
Supp.11
(c) Non-obstruction hazards. The use or development of land shall not create or
contribute to interference with the operation of aircraft, including the following non-
obstruction hazards to air navigation:
(1) Dangerous lighting. No lights or illumination, whether for streets, parking, signs
or other structures, shall be arranged and operated in a manner that is
misleading or dangerous to aircraft operating from or in the vicinity of an airport
or airfield, as determined by the operator of the airport or airfield.
(2) Smoke or glare. No operations of any type shall produce smoke, glare or other
visual hazards within three statute miles of any designated airport or airfield, or
any usable runway, with the exception of permitted projects or activities.
(3) Electronic interference. No operations of any type shall produce electronic
interference with navigation signals or radio communication between an airport or
airfield and any aircraft.
(4) Landfills. No sanitary landfill shall be operated within 10,000 feet from the
nearest point of any runway used or planned to be used by turbine aircraft, or
within 5,000 feet of any runway used by only non-turbine aircraft; or outside
those perimeters, but still within the lateral limits of the civil patrol imaginary
surfaces defined in 14 C.F.R. s.77.19, as may be amended. Additionally, no
landfill of any type shall be located so that it attracts or sustains hazardous bird
movements from feeding, water or roosting areas into or across the runways or
approach and departure patterns of aircraft. County approval of proposed landfill
locations meeting these restrictions remains subject to conditions recommended
by the operators of any affected airports or airfields.
(d) Airport Obstruction Notification Zone.
(1) Purpose. The purpose of the Airport Obstruction Notification Zone is to regulate
obstructions for air navigation which affects the safe and efficient use of navigable
airspace or the operation of planned or existing air navigation and communication
facilities.
(2) Location and map zone.
a. An Airport Obstruction Notification Zone is established around Pensacola
International Airport (PNS) and consists of an imaginary surface extending
from any point of the PNS runway at a slope of 100 to 1 at a horizontal
distance of 20,000 ft. and a height of 200 ft. above ground level. The Airport
Obstruction Notification Zone map may be reviewed annually by the Airport
staff and updated/amended by the Airport Executive Director in conjunction
with the County Development Services Department as needed to ensure
currency.
b. An Airport Obstruction Notification Zone is established around Ferguson
Airport and consists of any imaginary surface extending from any point of
the Ferguson runway at a slope of 50 to 1 at a horizontal distance of 10,000
ft. The Airport Obstruction Notification Zone map may be reviewed annually
by the Airport staff and updated/amended by the Airport Executive Director

Supp.11
LDC 4: 54
 in conjunction with the County Development Services Department as
needed to ensure currency.
c. An Airport Obstruction Notification Zone may be established around any
new airport or airfield as necessary for the health, safety, and welfare of the
public.
(3) Development Compliance: No object, structure, or alteration to a structure will be
allowed within an Airport Obstruction Notification Zone at a slope exceeding 100 to 1
for a horizontal distance of 20,000 from the nearest PNS runway or a slope exceeding
50 to 1 for a horizontal distance of 10,000 feet from the nearest Ferguson Airport or
200 feet above ground level within these horizontal distances without an approved
Permit issued by the Airport.

Sec. 4-4.4 Airport Hazard Structure Permit.

(a) Permitting
(1) Any individual seeking to alter, construct, or place any structure or development
within any airport hazard area or runway protection zone or any land on, adjacent to,
or in the immediate vicinity of airports or any individual seeking a building permit,
development order, subdivision approval, rezoning, conditional use, comprehensive
plan amendment, non-conforming use approval, variance, or other official action by
the County that will have the effect of permitting a development or alteration of land
or a structure shall submit an application for Airport Hazard Review to the
Development Services Department (DSD) for determination as to the need for an
Airport Hazard Structures Permit.
(2) DSD shall make the initial determination with respect to whether the proposed
development exceeds the height and surface within the Airport Obstruction
Notification Zone based upon on the maps in Appendix C as an element of the review.
The review shall include the zoning, development order, and building permit
application processes. If DSD determines the proposed development or alteration,
including any associated use of temporary construction equipment, exceeds an
Airport Obstruction Notification Zone surface or height threshold, then the applicant
is required to obtain an Airport Hazard Structures Permit from DSD prior to the
issuance of any further development orders or permits. DSD shall obtain technical
input from the applicable airport as part of the permitting process. This provision
applies to all development or improvements to land, including new development,
redevelopment, building or use modifications, or similar actions.
(3) The permitting procedures for an Airport Hazard Structures Permit are outlined
as follows. If an Airport Hazard Structures Permit application is deemed necessary
by DSD as determined through the use of the Airport Obstruction Notification Zone
map, the following procedures will apply:
a. After an initial review and the determination that a permit is required, DSD will
give a written notice to the applicant that an Airport Hazard Structures Permit is
required and that no further permits or development orders can be obtained from
the County until an Airport Hazard Structures Permit is obtained.

Supp.11
LDC 4: 55
 b. The applicant must submit a completed Airport Hazard Structures Permit
application to DSD at the Central Office Complex located at 3363 W Park Place,
Pensacola, Florida 32505. DSD will complete a sufficiency review and then route
the application to the affected airport. The affected airport will review the
application and provide comment to DSD.
c. Upon receipt of a complete permit application, DSD shall provide a copy of the
application to the State of Florida, Department of Transportation (FDOT) Aviation
Office by certified mail, return receipt requested, or by a delivery service that
provides a receipt evidencing delivery.
d. The permit application shall also be provided to the City of Pensacola within ten
(10) calendar days of the filing of the application.
e. The affected airport, FDOT, and the City will review the application to evaluate
technical consistency with this subsection. The County shall allow the airport, the
Department of Transportation, and the City a 15-day review period following
receipt of the application. This review period shall run concurrently with the local
government permitting process. DSD shall consider any comments from the
affected airport, FDOT, and the City in processing permit applications under this
Section.
(4) In determining whether to issue or deny a permit, DSD shall consider the
following, as applicable:
a. The safety of persons on the ground and in the air.
b. The safe and efficient use of navigable airspace.
c. The nature of the terrain and height of existing structures.
d. The effect of the construction or alteration on the state licensing standards for
a public-use airport contained in Chapter 330, Florida Statutes, as may be
amended, and rules adopted thereunder.
e. The character of existing and planned flight operations and developments at
public-use airports.
f. Federal airways, visual flight rules, flyways and corridors, and instrument
approaches as designated by the Federal Aviation Administration.
g. The effect of the construction or alteration of the proposed structure on the
minimum descent altitude or the decision height at the affected airport.
h. The cumulative effects on navigable airspace of all existing structures and all
other known proposed structures in the area
(5) Approval of a permit will not be based solely on the determination by the Federal
Aviation Administration that the proposed structure is not an airport hazard.
(b) The County shall enforce the issuance or denial of any permit or other determination
related to Air Hazard Permit applications by any means provided, authorized, or allowed
by law or ordinance, including Florida Statutes and Chapter 30, Code Enforcement, Part
1, Escambia County Code of Ordinances. More particularly:

Supp.11 LDC 4: 56
 (1) Procedural remedies. Failure to comply with LDC provisions may result in
application denial, delay of application approval, conditional application approval,
voiding an application approval, delay of use, or penalties as additionally may be
prescribed by the LDC.
(2) Civil Remedies. The BCC or any aggrieved party, as defined by state law, may
apply to the Circuit Court of Escambia County, Florida, to enjoin and restrain any
person violating the provisions of this Section.
(3) Criminal Remedies. Any person who violates, disobeys, omits, neglects, or
refuses to comply with, or who resists the enforcement of, any of the provisions
of the LDC, shall be subject to a misdemeanor punishable by fine and/or
imprisonment according to state law. Upon conviction the person shall additionally
pay all expenses of the county in the case. Each day a violation exists shall
constitute a separate offense.

(c) Permitting by the County for the construction or alteration of structures dangerous
to air navigation or for structures governed by Title 14, CFR, Part 77 shall consider
whether or not a permit has been obtained from FDOT Aviation or FDOT Aviation has
confirmed that no FDOT permit is necessary.
Sec. 4-4.5 Airport and airfield planning districts.

(a) Pensacola International Airport Planning District. The Pensacola International

Airport Planning District (PNSPD) is established to provide enhanced protection in
support of the continued operation of the Pensacola International Airport for areas that
are close enough to the airport to influence or be influenced by its activities. The
PNSPD imposes additional restrictions on surrounding development that primarily
address noise and safety concerns created by flight operations and potential
interferences with those operations.
(1) Establishment. The PNSPD is established through its definition and
adoption within the LDC. The Pensacola International Airport Influence
Planning District Overlay maps for noise zones and educational facility
restrictions are specifically adopted here by reference and declared to be part
of the LDC, with the information shown on the maps having the same force
and effect as the text of the LDC. The PNSPD maps are maintained digitally in
the county’s “Geographic Information System” (GIS).
(2) Real estate disclosure. All real estate transactions for property within
the Pensacola International Airport Real Estate Disclosure Area shall include a
form disclosing the proximity of the site to the airport. The disclosure is
intended to inform a potential property owner or occupant of the nearby airport
and alert them to possible incompatibilities of the intended property use with
airport operations. The disclosure form shall be attached to all listing
agreements, sales and rental contracts, subdivision plats, and marketing
materials provided to prospective buyers, renters and lessees. The form need
not be included in advertisements directed to the public at large. Disclosure is

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LDC 4: 57
 required as soon as practicable, but shall occur before the making or
acceptance of an offer to buy, rent or lease.
(b) Military Airfield Influence Planning Districts. Airfield Influence Planning Districts
(AIPDs) are established to provide enhanced protection in support of the continued
operation of military airfields for areas that are close enough to those airfields to
influence or be influenced by their activities. AIPDs impose additional restrictions
on surrounding development that primarily address noise and safety concerns
created by flight operations and potential interferences with those operations. If
military operations permanently cease at an airfield, the supplemental
requirements of its AIPDs will no longer apply to surrounding lands.

(1) General characteristics. Airfield Influence Planning Districts are combinations

of noise zones, clear zones, accident potential zones, and other areas of
influence that overlap and combine to define a broad range of airfield
influences on surrounding land use. The range of influences is divided
between two planning districts: AIPD-1 composed of areas closest to an airfield
and, therefore, with highest noise exposure and accident risk; and AIPD-2
composed of areas further from the airfield than AIPD-1, but that still may
influence or be influenced by airfield operations.
(2) Clear zones and accident potential zones. Clear zones and accident
potential zones identify areas near airfield runways where aircraft accidents are
most likely, if they do occur. The zones are defined by the type of aircraft for
which the runway is primarily used. Clear zones extend immediately beyond
the ends of runways and designate areas of high accident potential. Accident
potential zones (APZs) generally extend beyond clear zones and designate
areas that remain impacted by accident potential. APZ-1 identifies areas
that retain a significant potential for accidents. APZ-2 identifies areas beyond
APZ-1 that retain lower but measurable potential for accidents.
(3) Establishment. AIPDs and their constituent zones and areas are established
through their definition and adoption within the LDC. The Airfield Influence
Planning District Overlay maps for NAS Pensacola and NOLF 8 are specifically
adopted here by reference and declared to be part of the LDC, with the
information shown on the maps having the same force and effect as the text of
the LDC. The AIPD maps are maintained digitally in the county’s “Geographic
Information System” (GIS).
(4) General AIPD requirements.
a. Real estate disclosure. All real estate transactions for property within
an AIPD shall include a form disclosing the proximity of the site to the military
airfield. The disclosure is intended to inform a potential property owner or
occupant of the nearby airfield and alert them to possible incompatibilities of
the intended property use with airfield operations. The disclosure form shall
be attached to all listing agreements, sales and rental contracts, subdivision
plats, and marketing materials provided to prospective buyers, renters and
lessees. The form need not be included in advertisements directed to the

Supp.11 LDC 4: 58
 public at large. Disclosure is required as soon as practicable, but shall occur
before the making or acceptance of an offer to buy, rent or lease.
b. Avigation easement. For any parcel within an AIPD where subdivision
or any site plan approval is requested, the application shall include an
executed avigation easement or proof of the public recording of an executed
easement. The purpose of the easement is to grant a clear property right to
maintain flight operations in the airspace above the property. The easement
shall be in a form approved by the County Attorney and recorded with the
property deed to run in perpetuity with the land.
c. Rezoning. Rezoning is allowed within AIPDs, but density remains
limited to the maximum density allowed by the AIPD, regardless of the zoning.
The AIPD density limits shall govern.
(5) AIPD-1 requirements. Airfield Influence Planning District 1 (AIPD-1) defines
areas of greatest protection for an airfield. AIPD-1 lies within a boundary connecting
the outermost limits of an installation’s clear zones, accident potential zones, or other
areas necessary to achieve adequate protections. The following requirements apply
to all lands within an AIPD-1 district:
a. Prohibited concentrations of population. Any use at such a scale that
gatherings concentrating more than 25 people per acre and within a structure
would be expected on a regular basis is prohibited. Such uses include sports
stadiums, amphitheaters, auditoriums, clubhouses, churches, schools,
hospitals, assisted living facilities, hotels and motels, restaurants, nightclubs
and other establishments.
b. Residential density. Residential density is limited by the applicable zone
or area with the AIPD according to the following:
1. Clear zones. Areas designated as “Clear Zone” are allowed no
residential density except vested single-family dwellings on existing lots of
record.
2. Area A. Areas designated as “Area A” are allowed no residential density
except vested single-family dwellings on existing lots of record.
3. APZ-1. Areas designated as “Accident Potential Zone 1” (APZ-1) and
aligned with airfield runways are allowed no residential density except
vested single-family dwellings on existing lots of record. All other APZ-1
areas are limited to one dwelling unit per 2.5 acres.
4. APZ-2. Areas designated as “Accident Potential Zone 2” (APZ-2) and
aligned with airfield runways are limited to two dwelling units per acre. All
other APZ-2 areas are limited to three dwelling units per acre.
5. Area B. Areas designated as “Area B” are limited to three dwelling units
per acre and only subject to the minimum lot area of the applicable zoning
district.
c. Dwellings. Residential development is limited to detached single-
family dwellings, including manufactured (mobile) homes if allowed by

LDC 4: 59
Supp.11
 applicable zoning district. No single-family attached or multifamily
dwellings are permitted. The planning district also prohibits the
clustering of dwellings, including mobile home parks, whether by density
transfers, planned unit development or other means.
d. Minimum lot area. The required minimum lot area shall be the inverse
of the established maximum density except where noted. For example,
a maximum density of three dwelling units per acre inversely requires at
least one acre per three dwelling units, so the minimum lot size for one
dwelling unit is one- third acre.
e. Parks and recreational facilities. Outdoor sports facilities, parks and
recreation areas are permitted, but all their structures are restricted to
those that are accessory to the outdoor use, such as bleachers,
backstops, picnic tables, public restrooms, concession stands, etc.
f. Conditional uses. The following uses require conditional use approval
by the Board of Adjustment (BOA), regardless of whether they are
permitted within the applicable zoning district:
1. Borrow pits and borrow pit reclamation.
2. Solid waste collection points, transfer stations, or processing facilities.
3. Salvage yards.
g. Prohibited uses. The following uses are prohibited:
1. Animal feedlots and similar facilities that concentrate animal feed
and waste.
2. Electrical transmission lines above ground.
3. Stables designed to house more than four horses or other domesticated
equine.
4. Telecommunications towers.
5. Outdoor storage if permanent, excluding farm equipment.
6. Motor vehicle sales, new or used.
(6) AIPD-2 requirements. AIPD-2 is additional areas extended beyond AIPD-1 that
is sufficiently close to the airfield to require some protections. AIPD-2
requirements are the same for all airfields. Densities and minimum lot sizes of the
underlying zoning districts are not modified by AIPD-2.

Sec. 4-4.6 Variances.

(a) General eligibility. A variance to the airport and airfield regulations of the LDC is
generally contrary to the safe and efficient use of navigable airspace and the
operation of airports and airfields. However, where compliance with the
requirements creates an exceptional hardship on an applicant for development
approval, the Board of Adjustment (BOA) may, in compliance with Florida Statutes
and the quasi-judicial variance process prescribed in Chapter 2, approve or deny a

LDC 4: 60
Supp.11
 request for a site-specific modification to the air navigation obstruction standards of
this article for the erection, alteration, or modification of any structure that would
cause those standards to be exceeded. Additionally, a variance to the educational
facility construction prohibition associated with the Pensacola International Airport
may be requested. No other variances, however, are applicable to the requirements
of the airport and airfield environs.
(b) Specific limitations. In addition to the general variance review and approval
requirements prescribed in Chapter 2, available variances to airport and airfield
environs provisions shall comply with all of the following conditions:
(1) State review. As required by state regulations, the applicant shall provide a
copy of the variance application to the Florida Department of Transportation
(FDOT) by certified mail to allow a 45-day opportunity for department comment.
The county may proceed with consideration of the application in a public hearing
only upon receipt of FDOT review comments or a waiving of that right.
(2) Required findings. A variance may only be granted where the applicant
demonstrates, and the BOA establishes in its findings, all of the following
conditions as applicable:
a. No hazard. For an obstruction to air navigation, a valid aeronautical study by
the FAA has concluded that the object is not a hazard to air navigation.
b. Public policy. For a prohibited educational facility, the public policy reasons
for allowing the construction outweigh the health and safety concerns
prohibiting such a location.
c. No objections. U.S. Navy officials, the director of the Pensacola
International Airport, or other operators of airports or airfields within the
county have no substantial objections to the variance, or their objections will
be addressed through conditions of the variance approval.
d. Hardship. A literal application or enforcement of the regulations would result
in practical difficulty or unnecessary hardship.
e. Public interest. The relief granted would not be contrary to the public
interest.
f. Intent. The relief granted would do substantial justice and be in accordance
with the intent of county and state regulations.
(3) Conditions of approval. Any variance granted by the BOA is subject to the
following conditions:
a. Any reasonable conditions that the BOA finds necessary to accomplish the
purposes of county and state regulations.
b. A variance granted for an obstruction to air navigation shall require the owner
to install, operate and maintain at his expense any marking or lighting of the
obstruction that has been recommended in a FAA aeronautical study
determination, or as otherwise required by Florida Statutes. The BOA may
also condition approval on any other obstruction marking and lighting

Supp.11 LDC 4: 61
 recommendations provided by the operators of airports or airfields within the
county.
c. The applicant shall provide FDOT a copy of the county decision on an
obstruction variance application within ten days of issuance of the decision.
Sec. 4-4.7. Nonconforming Structures
If any nonconforming structure is determined to be an airport hazard and the owner
will not remove, lower, or otherwise eliminate it or the approach protection necessary
cannot, because of constitutional limitations, be provided by airport zoning regulations,
or it appears advisable that the necessary approach protection be provided by
acquisition of property rights rather than by airport zoning regulations, then DSD shall
notify the County Attorney’s Office and County Administrator in order to conduct an
analysis related to public acquisition either by purchase, grant, or condemnation, in
the manner provided in Chapter 73 and Chapter 74, Florida Statutes.
Sec. 4-4.8- Appeals
(a) Any individual, political subdivision or its administrative agency, or a joint airport
zoning board that contests a decision made on an improper application of airport
zoning regulations may appeal the decision.
(b) All appeals shall be heard by the Escambia County Board of Adjustment (BOA). All
appeals shall be made within 15 days after the date of the official’s decision according
to the provisions for appeal of administrative decisions as prescribed in Article 6. Upon
notice of appeal, the Building Official and Planning and Zoning Official shall forthwith
transmit to the BOA all the papers constituting the record upon which the appeal was
taken.
(c) The BOA shall fix a reasonable time for hearing appeals, and shall give public notice
and provide notice to the interested parties. The BOA shall render a decision within a
reasonable time. The BOA shall notify in writing the airport manager and NAS facilities
management office, FDOT, and the City of Pensacola of all meetings in which an
appeal under this Section is scheduled. During the hearing before the BOA, any party
may appear in person, by agent, or by attorney.
(d) The BOA may, in conformity with the provisions of this chapter, reverse or affirm, in
whole, or in part, or modify the order, requirement, decision or determination, as may
be necessary.
(e) If the final determination of the BOA is denial, no new application for the same use on
the same parcel can be accepted for review until at least 180 days from the date of
the denial. A final determination of the BOA may be appealed by petitioning the circuit
court for judicial review within 30 days after date of the board’s decision, and providing
a copy of the petition to the clerk of the board.
(Ord. No. 2017-30, §,1 5-25-2017)

LDC 4: 62
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Article 5 Natural Resources
Sec. 4-5.1 Purpose of article.
This article establishes land use regulations that implement Comprehensive Plan
policies requiring the protection, conservation, and appropriate use of natural resources.

Sec. 4-5.2 General provisions.

(a) Approval required . All land uses and development activities which impact
environmentally sensitive lands require prior county review and approval for
compliance with the regulations of this article unless the use or activity is specifically
identified in the Land Development Code (LDC) as exempt from these regulations.
The Board of County Commissioners (BCC) has determined the following land and
water resources to be environmentally sensitive lands:
(1) Wetlands as defined by the State of Florida.
(2) Shoreline protection zones as defined in this article.
(3) Aquatic preserves and the Escambia River Wildlife Management Area as defined
or authorized by Florida Statutes.
(4) Outstanding Florida Waters as listed in the rules of Florida Administrative Code
(Ch. 62-302.700).
(5) Habitats of threatened and endangered species as defined by the U.S. Fish and
Wildlife Service (FWS), the Florida Fish and Wildlife Conservation Commission
(FWC), or other state or federal agencies.
(6) Essential fish habitat, including seagrasses, defined as those waters and
substrate necessary for fish to spawn, breed, feed, or grow to maturity. (See
Magnuson-Stevens Act, 16 U.S.C. 1802 (101)).
(7) Floodplain areas identified on the Federal Emergency Management Agency’s
Flood Insurance Rate Map as areas of special flood hazard subject to a one
percent or greater annual chance of flooding.
(8) Wellhead protection areas as defined in this article, including potable water wells,
cones of influence, and potable water well fields.
(9) Surface waters identified as impaired under Section 303(d) of the Clean Water
Act
(b) Modification of regulations. Variances to the strict application of the regulations of
this article may only be granted according to the compliance review processes of
Chapter 2, and only if such modifications maintain the stated purposes of this article,
are specifically allowed by its provisions, and comply with all stated conditions.
(c) Environmental trust fund. The Escambia County Environmental Lands Trust Fund
(ECELTF) is established for use in managing wetlands and other environmentally
sensitive lands in the county. The county is authorized and directed here to
establish the fund and to receive and disburse all monies according to the following
provisions:

LDC 4: 63
 (1) Fund sources. The ECELTF shall receive monies from the following sources:
a. All revenues collected pursuant to mitigation and enforcement of this article.
b. All monies accepted by Escambia County in the form of grants, allocations,
donations, contributions, or appropriations for the acquisition, restoration,
enhancement, management, mapping, and/or monitoring of environmentally
sensitive lands.
c. All interest generated from the deposit or investment of ECELTF monies.
(2) Fund maintenance and disbursements. The ECELTF shall be maintained in
trust by the county solely for the purposes prescribed here, in a separate and
segregated fund of the county that shall not be commingled with other county
funds until disbursed, and only disbursed for the following purposes:
a. Acquisition (including by eminent domain), restoration, enhancement,
management, mapping, and/or monitoring of environmentally sensitive lands
and conservation easements within Escambia County.
b. All costs associated with acquisitions, including appraisals, surveys, title
search work, real property taxes, documentary stamps, surtax fees, and other
transaction costs.
c. Costs of administering the activities enumerated in this section.
(d) Resource identification. Where the potential for on-site wetlands or the habitat of
threatened or endangered species is indicated, a site-specific survey shall be
conducted and shall include the delineation of all such lands on the subject parcel.
The survey shall be evaluated for the protection of significant resources prior to
clearing, grading or other alterations, and the delineations shall be used in the
determination of buildable area on the lot or parcel.
(e) Avoidance, minimization, and mitigation. If a proposed land use or development
activity includes impacts to protected natural resources, the application for county
compliance review and approval shall include written documentation that adverse
impacts to those resources have been avoided to the maximum extent practicable.
For unavoidable adverse impacts, the application shall demonstrate that the impacts
have been minimized to the greatest extent practicable. Only with such
demonstration will the county review and consider a mitigation plan for those
impacts.
(1) Clustering. Where lands proposed for predominantly residential development
contain wetlands, the habitat of threatened or endangered species, or
floodways, dwelling units may be clustered within non-environmentally sensitive
areas as prescribed in Article 1 of Chapter 3 to more fully develop available
density on the remainder of the parcel and avoid adverse impacts on the
resources.
(2) Mitigation. A land use or development activity shall not cause a net adverse
impact on resource functions that is not offset by mitigation. Methods to
compensate for adverse direct or indirect impacts are required when uses or
activities degrade estuaries, wetlands, surface waters, submerged aquatic

LDC 4: 64
Supp. 13
 vegetation, threatened and endangered species habitat and other protected
natural resources.
(3) Mitigation plans. A mitigation plan shall be submitted to the County and
include provisions for the replacement of the predominant functional values of
the lost resources, specify the criteria by which success will be measured, and
specify any necessary maintenance entity and its responsibilities.
(Ord. No. 2017-62, §, 2 11-2-17)

Sec. 4-5.3 Wetlands. (Reference DSM Chapter 2-Wetlands)

Protection required. Wetlands as defined in Florida Administrative Code (Ch. 62-
340) shall be protected from draining, dredging, filling, excavating, building, pollution,
and other alterations or acts that will reduce or otherwise adversely impact their
ecological functions and public benefits.
Upland buffers with a minimum width of 15-ft and an average width of 25-ft shall be
provided abutting those wetlands under the regulatory jurisdiction of the State of
Florida under 62-340, F.A.C. (Director)
A 10-ft average upland buffer shall be required for development activities that avoid
impacts to wetlands.

(a) Conditional exemptions.

(1) Single-family dwelling. When insufficient uplands exist for construction of one
single-family dwelling on a lot of record less than five acres in size, application for
the construction is exempt from the regulations of this section if the total area of
dredging or filling in wetlands for the dwelling and its associated improvements
does not exceed 4000 square feet, and if the total area of clearing in wetlands
(including the area of dredging and filling for the dwelling and associated
improvements) does not exceed 6000 square feet on the contiguous property
owned by the applicant.
(2) Agriculture and silviculture. Bona fide agricultural or silvicultural operations on
land classified by the Escambia County Property Appraiser as “agricultural” for
ad valorem tax purposes are exempt from the regulations of this section.
(3) Utility activities. Utility company activities that provide service to an individual
single-family dwelling, or their activities that take place within existing utility
easements or public street rights-of-way containing existing utility lines, or within
easements or rights-of-way otherwise approved for utility use by the county, are
exempt from the regulations of this section.
(b) Mitigation for impacts. Mitigation for adverse impacts to wetlands shall be based
on the Uniform Mitigation Assessment Method (UMAM) prescribed by Florida
Administrative Code (Ch. 62-345).
(c) Enforcement. In addition to the general LDC compliance enforcement provisions of
Chapter 1, for any violations of LDC erosion control provisions impacting wetlands,
violators shall begin remedial action immediately and have seven calendar days to
complete restoration of the impacted area to pre-impact conditions or better. For
other violations of the wetland protection provisions of this article, violators shall

Supp11 LDC 4: 65
 begin remedial action planning immediately and have 21 calendar days to complete
restoration of the impacted area to pre-impact conditions or better. With
documented evidence of good faith restoration efforts the Planning Official may
authorize an extension to the time period for completion of the required action for
extenuating circumstances.
Sec. 4-5.4 Threatened and endangered species habitat.
(Reference DSM Chapter 2, Clustering density – Wetlands, Endangered Species Habitat,
and Rural Districts)
(a) Protection required. To maintain and enhance the valuable diversity and
distribution of plant and animal species within the county, preserve the ecological
values and functions of their habitats, provide for habitat corridors and minimize
habitat fragmentation, threatened and endangered species habitat shall be protected
from adverse impacts. For the purposes of this article, threatened or endangered
species are those listed as "threatened", "endangered", or "species of special
concern” by the US Fish and Wildlife Service (FWS) or Florida Fish and Wildlife
Conservation Commission (FWC); and threatened or endangered species habitat is
any area that contains or shows factual evidence of such listed species.
(b) Mitigation. No development approval may be granted without an approved
mitigation plan if the permitted activities would threaten the life or habitat of any
threatened or endangered species.
(c) Perdido Key beach mouse.
(1) Identified habitat. Approximately 278 acres of private property containing
primary, secondary and scrub dunes on Perdido Key have been identified as
habitat for the Perdido Key Beach Mouse (PKBM), a federally listed endangered
species.
(2) Special assessment. For properties involved in mitigation for Perdido Key
Beach Mouse habitat impacts and those electing to provide in-lieu fee mitigation,
a mechanism is established for imposition and collection of a recurring annual
assessment. The assessment is fairly and reasonably apportioned among the
properties in the PKBM habitat area and is based upon the extent of the impact
on the habitat. Those properties responsible for the annual assessments derive
a benefit from the improvements and services provided from the conservation
and natural resource protection.
a. Per unit. New developments or redevelopments on Perdido Key within the
designated PKBM habitat that have elected mitigation for habitat impacts
shall be assessed an annual, recurring special assessment of $201.00 per
dwelling unit on the subject site. Lodging and commercial assessments shall
be based on the number of parking spaces allocated to the non-residential
use or in the alternative, the number authorized by the Authorization of
Coverage under the US Fish and Wildlife Incidental Take Permit (ITP) to
Escambia County # TE46592A.
b. Procedure. Upon issuance of an Authorization of Coverage under ITP
#TE46592A, for any development subject to this assessment, the subject

Supp. 14
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 parcel identification number(s) shall be reported to the Escambia County
Office of Management and Budget to process for collections.
1. Method of collection. Collection shall be by the uniform method of
collection provided for by Florida Statutes (§197.3632).
2. Duration. Recurring annual collections shall continue until such time as
these assessment provisions are repealed by the BCC.
3. Appeal. Any property owner who asserts his assessment is in error may
appeal in writing to the Escambia County Office of Management and
Budget.

Sec. 4-5.5 Marine, estuarine and riverine shorelines (MERS).

(a) Dune protection and restoration. Adverse impacts to the primary dune system on
Santa Rosa Island and Perdido Key shall be avoided to the greatest extent practical,
and minimized and mitigated when unavoidable.
(b) Beach renourishment. Beach renourishment may be used to stabilize erosion
prone areas. All renourishment activities shall be performed in accordance with
accepted engineering and environmental practices.
(c) Protection required. Land uses and development activities along marine, estuarine
and riverine shorelines shall avoid construction that can jeopardize the stability of the
beach-dune system, accelerate erosion, inadequately protect upland structures,
endanger adjacent properties, and interfere with public beach access.
(a) Marine shorelines
(1) Marine shoreline protection zone. A marine shoreline protection zone is
established along the shorelines of Santa Rosa Island and Perdido Key,
extending from the mean high water line (MHWL) of the Gulf of Mexico
landward to the 1975 Coastal Construction Control Line (CCCL) as recorded
the official records of Escambia County (Plat Book 9, Page 72 A-P). No
construction is authorized within the Marine shoreline protection zone with
the following exceptions:
(2) Dune walkovers. Elevated pile-supported dune and beach walkover
structures may be permitted within the shoreline protection zone provided
the existing dune system is enhanced or re-vegetated if adversely impacted
during construction.
(3) Beach and dune preservation and enhancement. Sand fencing and other
beach restoration and dune protection methods approved by the county may
be permitted within the shoreline protection zone in accordance with
accepted engineering and environmental practice. Beach restoration and
dune protection methods shall not be interpreted to allow armoring of the
marine shoreline.
(4) Sundecks, patios, walkways. Sundecks, patios, walkways, etc. may be
constructed within the shoreline protection zone on Santa Rosa Island on a
case by case basis consistent with the SRIA board policy manual.

Supp. 14 LDC 4: 67
 (5) Vegetation. Except as otherwise allowed by these marine shoreline
provisions, the removal or destruction of native vegetation within the
shoreline protection zone is prohibited.
(6) Reconstruction and redevelopment. Only to prevent a taking, a variance
to allow construction of a replacement structure within the previous footprint
may be requested from the BOA for Pensacola Beach Gulf-front properties
that have an insufficient building area to rebuild or redevelop, provided that
intrusion into the shoreline protection zone is reduced to the maximum extent
practical.
(7) Variances. No variances are otherwise available to authorize the prohibited
construction:
(8) New Construction. For new construction and substantial improvement to a
Gulf front development, the minimum dune mitigation shall include a dune
walkover.
(b) Estuarine shorelines.
(1) Applicability. The estuarine shoreline provisions of this section apply to all
shorelines of subtidal habitats and adjacent tidal wetlands of brackish
waterbodies. These estuarine systems include bays, sounds, lagoons,
bayous, rivers mouths, saltwater marshes and canals.
(2) Estuarine shoreline protection zone. An estuarine shoreline protection
zone is established along the estuarine shorelines extending 15 feet landward
of the mean high water line (MHWL).
(3) Natural shoreline stabilization. The shorelines of estuarine systems shall
be retained in their natural state to the extent possible. Because natural
methods of shoreline protection (i.e. living shorelines) provide an opportunity
for natural recovery, erosion prone areas shall be stabilized with appropriate
native vegetation in accordance with accepted engineering and environmental
practices and/or criteria set forth in 62-346.051(14), F.A.C. wherever
practical.
(4) Construction Setbacks. No new construction is allowed along an estuarine
shoreline within the established shoreline protection zone, except the
following:
a. Structures. Walkways, boardwalks, gazebos, docks, piers, boathouses,
seawalls, bulkheads, or other retaining walls, and structures necessary for
permitted water dependent and water related uses may be permitted within
the shoreline protection zone.
b. Armored shorelines. Because the use of rigid shore protection
structures, including riprap and rock revetments, may cause significant
environmental impacts, and erosion of neighboring properties such structures
may only be permitted within the shoreline protection zone where vegetative
or other natural methods of shoreline stabilization have been determined by
the county to not be practical. Prior to the construction of any new significant

LDC 4: 68
Supp. 14
 rigid shore protection structure the applicant shall submit the following to the
county for review and approval:
1. Shoreline erosion statement. A description of the features of the site
and adjacent area, and the proposed measures to be implemented for
prevention of erosion and other adverse impacts to adjacent properties
from the construction shall be provided.
2. Hold harmless agreement. An executed agreement, in a form approved
by the County Attorney, to hold the county, its officers and employees
harmless from any damages to persons or property that may result from
authorized construction.
(c) Riverine shorelines.
(1) Applicability. The riverine shoreline provisions of this section apply to all
shorelines of surface water habitats that periodically or continuously contain
flowing water and their associated wetlands. These riverine systems include
rivers, tributaries, perennial streams and intermittent streams, but do not include
ditches, swales, or other manmade features created for stormwater control.
(2) Riverine shoreline protection zone. A riverine shoreline protection zone is
established along riverine shorelines, extending 30 feet landward from the
ordinary high water line.
(3) Natural shoreline stabilization. The shorelines of riverine systems shall be
retained in their natural state to the extent possible. Because natural methods of
shoreline protection provide an opportunity for natural recovery, erosion prone
areas shall be stabilized with appropriate native vegetation in accordance with
accepted engineering and environmental practice wherever practical. The
removal or destruction of existing native submergent and emergent vegetation in
and along the littoral zone shall be prohibited, unless determined by the county to
be necessary for the protection of life and property.
(4) Construction Setbacks. No new construction is allowed along a riverine
shoreline within the established shoreline protection zone, except the following:
a. Structures. Walkways, boardwalks, gazebos, docks, piers, boathouses,
seawalls, bulkheads, or other retaining walls, and structures necessary for
permitted water dependent and water related uses may be permitted within
the shoreline protection zone.
b. Road Crossings. To allow access to developable uplands, roads may be
permitted to cross riverine systems if the proposed crossing complies with all
other requirements of the LDC.
c. Armored shorelines. Rigid shoreline protection structures may be allowed
within the riverine shoreline protection zone (extending 15-ft landward of the
ordinary high water line) according to the same limitations required for
estuarine shorelines.

Supp. 14 LDC 4: 69
Sec. 4-5.6 Coastal high-hazard areas. (Reference DSM Chapter 2- Coastal High
Hazard Areas)
(a) Protection required. To reduce the exposure of people and property to natural
hazards, population concentrations shall be directed away from coastal high-hazard
areas, and development and any public expenditure that subsidizes development
there shall be limited. For the purposes of this section, the coastal high-hazard area
(CHHA) is the area below the elevation of the Category 1 storm (hurricane) surge
line as established by the state’s Sea, Lake, and Overland Surges from Hurricanes
(SLOSH) computerized storm surge model. The county-adopted Coastal High-
Hazard Area Map is the delineation of the CHHA.
(b) Hazard reduction.
(1) Hurricane evacuation. The county shall review development and maintain
information regarding the impact of development on hurricane evacuation times
established by the Comprehensive Plan. When it is demonstrated that the
roadways affected by proposed development have sufficient capacity at their
adopted levels of service (i.e., the development passes the test for
transportation concurrency), the impact on evacuation times is acceptable.

(2) Prohibited uses. Group homes, nursing homes, or other uses that have
special evacuation requirements; manufactured (mobile) home developments;
and schools are all prohibited as new uses within the CHHA.

Sec. 4-5.7 Barrier island sand.

(a) Protection required. The county recognizes that the white sands of Perdido Key
and Pensacola Beach promote tourism and enhance the quality of life of the
residents of the county, and that the permanent discoloration, darkening or staining
of the sands would harm the public welfare. To maintain, preserve and protect the
natural function and color of these fine to medium grained white sands, the
importation, use, and relocation of red clay and other materials that tend to discolor,
darken or stain the natural white sands of Perdido Key and Santa Rosa Island is
prohibited. Additionally, transportation of prohibited materials when exposed to wind
or water shall be prevented on the islands by containment and removal. Approved
and prohibited material specifications are provided in Chapter 2 - Barrier island sand
section of the Design Standards Manual (DSM).
(b) Applicability. There shall be no distinction made regarding the applicability of the
provisions of this section between Perdido Key and Santa Rosa Island soil material.
However, the county may, upon specific consideration, differentiate between the
allowable soil material of the Gulf front beach, Gulf front (primary) dunes, sound side
beach, interior (secondary) dunes and forested ecosystems.
(c) Permit Required. All projects involving the placement of sand or other construction
or landscaping materials on Santa Rosa Island or Perdido Key shall require county
approval of a representative sample of the materials according to the compliance
review processes of Chapter 2 prior to transport on the barrier islands.

LDC 4: 70
(d) Prohibited importation, transfer and use. The following prohibitions on the
importation, transfer and use of some materials on barrier islands are based on
approved and prohibited materials as prescribed in this section:
(1) No person may import or cause to be imported onto Santa Rosa Island or
Perdido Key any construction or landscaping material which is not an approved
material.
(2) No person may use, or transfer for use, any prohibited material in connection
with any paving, road surfacing, filling, landscaping, construction work or any
other improvement to real property on Perdido Key or Santa Rosa Island,
whether leased or not.
(3) No person may transfer from parcel to parcel any construction material which is
not an approved material where such material is to be used in connection with
any paving, road surfacing, filling, landscaping, construction work or any other
improvement to real property on Perdido Key or Santa Rosa Island, whether
leased or not.
(e) Removal of prohibited materials.
(1) General. Any time reconstruction, redevelopment, improvement or use of a site
on Santa Rosa Island or Perdido Key uncovers or exposes "prohibited materials"
as defined in DSM Chapter 2 - Barrier Island Sand section those materials must
be immediately removed from the site and relocated off the barrier island.
(2) Utilities. Any time a utility company, authority, or franchisee, which has acquired
use of the county's rights-of-way, easements or other interest by permission,
agreement or law to provide services to consumers, shall uncover or expose any
prohibited material during the installation, maintenance, repair or removal of its
system on Santa Rosa Island or Perdido Key, it shall remove from the barrier
island the prohibited material disturbed by the work and replace it with approved
materials. The prohibited materials shall be removed in such a manner as to
avoid their release by wind, water, or other means onto adjacent lands or waters.
(3) BCC approved exemption. The BCC may exempt the application of these
removal provisions for particular projects or parts of projects upon determination
by a four-fifths vote of the board that an emergency exists and that an immediate
exemption is required to protect the public health, safety or welfare.
(4) Removal time. The requirement for immediate removal of prohibited materials
may be relaxed if the materials are confirmed to be contained in such a way as to
preclude their transfer by wind, water or other means within the parcel or onto
adjacent parcels or waters, and if the delay is otherwise consistent with the
purpose and intent of this section. However, prohibited materials may remain on
the site where exposed or on the barrier island for no more than 48 hours. The
county shall promulgate approved methods of containing and transporting
prohibited materials required to be removed.

LDC 4: 71
Sec. 4-5.8 Barrier Island lighting (Pensacola Beach)
(Reference DSM, Chapter 2- Barrier Island Lighting (Pensacola Beach).
(a) General. Marine shorelines shall be protected from all artificial (manmade) light
sources and the adverse impacts of such lighting on nesting sea turtles, their hatchlings,
and other endangered coastal wildlife shall be minimized. For the purposes of these
lighting regulations, “within line-of-sight from the beach” means directly visible from a
height of two feet or less above the beach along the mean high water line.
(1) Exemptions. The following lights are exempt from beachfront lighting
regulations under the conditions noted:
a. Navigation. Lights mandated by federal regulations for illuminating
obstructions in navigable airspace and lights required by the U.S. Coast
Guard for boat navigation, provided they have been reviewed and approved
in conformance with requirements of the federal Endangered Species Act.
b. U.S. flag. Lighting fixtures that are directed upward onto the flag of the
United States if the flag is not within line-of-sight from the beach.
c. Holidays. Traditional holiday lights used outside the sea turtle nesting
season which begins May 1 and continues through October 31 each year.
(2) New construction. All non-exempt lighting for new coastal construction on
Escambia County barrier islands, including redevelopment and substantial
improvements, shall comply with the following standards:
a. Wildlife lighting. Any exterior lighting on Pensacola Beach within line-of-
sight from a marine beach, shall be consistent with Florida Fish and Wildlife
Conservation Commission (FWC) standards for wildlife lighting to minimize
the potential for adverse affects on the nocturnal behaviors of nesting and
hatchling sea turtles and other wildlife.
b. Dune walkovers. Lighting of dune walkovers and elevated crossovers to the
beach is prohibited seaward of the crest of the primary dune.
c. Tinted glass. The glass in all exterior windows and glass doors shall be
treated to achieve an industry-approved, inside-to-outside light transmittance
value of 45 percent or less.
d. Interior lights. Interior stairwells, elevators and enclosed parking garages
that allow light to pass through windows or other openings shall utilize wildlife
lighting or tinted glass as described in this section.
e. Lighting plan. Before granting any building permit, the county shall
determine that all proposed construction complies in all respects with the
lighting standards of this section. Detailed project lighting plans shall be
submitted to the county showing the type and location of all exterior light
sources. The plans shall identify the location, number and type of all lighting
fixtures to be used. A letter from the FWC documenting approval of the
lighting plan may be submitted to the county in lieu of the county lighting plan
if FWC approval is required by the state for site development for Pensacola
Beach.

LDC 4: 72
 f. Review. Before granting any building permit, the Santa Rosa Island Authority
shall determine that all proposed construction complies in all respects with the
standards imposed in this section. Detailed project lighting plans shall be
submitted to the SRIA showing the location of all exterior light sources. The
plans must identify the location, number and type of lighting to be used for all
fixtures.
g. Inspection. Prior to final site inspection approval for any new development
within direct line-of-sight from the beach, the site inspection to confirm
compliance with these beachfront lighting standards shall include a night
survey with all beachfront lighting turned on. A written inspection report shall
identify the date and time of inspection, extent of compliance with lighting
standards, areas of observed noncompliance, and actions taken to remedy
noncompliance.
(3) Nonconforming lighting. All existing artificial light sources on Pensacola
Beach, including utility owned outdoor lighting, shall comply with the standards
for new construction by January 1, 2018, unless identified in this section as
exempt.

Sec. 4-5.9 Wellhead protection. (Reference DSM Chapter 2- Specifications of

Groundwater/Wellhead Impact Report)
(a) Protection required. For the protection of public health, safety and welfare the use,
handling, production and storage of certain deleterious substances and
contaminants which may impair present and future public potable water supply wells
and well fields shall be limited in proximity to wellheads.
(b) Wellhead protection areas.
(1) 7-Year time of travel contours. The 7-year time of travel contour is a
continuous line of points from which water takes up to 7 years to reach the
wellhead point of withdrawal. The contour is based on the composite vertical and
horizontal travel time analysis of the well.
(2) 20-Year time of travel contours. The 20-year time of travel contour is a
continuous line of points from which water takes up to 20 years to reach the
wellhead point of withdrawal. The contour is based on the composite vertical and
horizontal travel time analysis of the well.
(3) Radius. Any wells north of Barrineau Park Road (County Road 196) that do not
have the benefit of a 7-year time of travel model shall have a 500-foot radius
zone.
(c) Restrictions on development.
(1) 200-foot radius. Within 200 feet of any well, the only activities allowed are those
associated with the well or existing single-family residential uses, open spaces
and recreation facilities, but not including impervious surfaces.

LDC 4: 73
 (2)Seven-year time of travel area. The following land uses are prohibited within the
established 7-year travel time contour, or within the 500-foot radius of any well
north of County Road 196.
a. Sanitary landfills or construction and debris pits.
b. Facilities for the bulk storage, handling or processing of materials on the
Florida Substance List as per Florida Statutes.
c. Activities that require the outside storage, use, production or bulk
transportation of regulated substances: agricultural chemicals, petroleum
products, hazardous/toxic wastes, industrial chemicals, medical wastes, etc.
d. Feedlots or other concentrated animal facilities.
e. Wastewater treatment plants, and related percolation ponds; septic tank or
other on-site treatment facilities for commercial and industrial uses.
f. Mines, borrow pits and other mineral resource extraction.
g. Excavation of waterways or drainage facilities which intersect the water table.
h. Drainage wells or other facilities which provide for the disposal of stormwater
directly into the aquifer absent normal percolation.
i. Discharges to ground water of industrial wastewater.
j. Phosphogypsum stacks and lateral expansions of phosphogypsum stack
systems.
k. Class I and Class III underground injection control wells.
l. Class V underground injection control wells.
m. Aboveground and underground tank storage of hazardous wastes.
(3) Twenty-year time of travel area. Within the 20-year time of travel area, all site
plans or change of use applications involving the land uses listed in #2 above,
shall be subject to review by one representative each of the water provider and
county technical staff to evaluate risk to the public water supply.
(d) Development standards.
(1) Site plan requirements. Where applicable, all site plans which accompany
applications for development approval shall depict the location of all active and
inactive or protected wellheads within 500 feet of the property, and the
development approvals shall be conditioned upon the submission of a
management plan which provides for the proper abandonment of existing
unused wells, in conformance with requirements of the NWFWMD and the
public supply systems.
(2) Groundwater/wellhead impact report. For all proposed development within a
7-year or 20-year time of travel contour, except a single-family dwelling, a
groundwater/wellhead impact report shall be prepared and submitted to the
county (DSM Chapter 2 -Specifications of Groundwater/Wellhead Impact

LDC 4: 74
 Report). The water provider may waive this reporting requirement with record
of that decision provided to the county.
(3) Abandoned wells. Where wells have been abandoned or no longer function,
they shall be sealed and plugged in compliance with the requirements of the
Northwest Florida Water Management District (NWFWMD) and Florida
Administrative Code (Ch. 17.28).
(e) New public water supply wells. All applications for development approval must
specify whether new protected wellheads will be required to service the
development. When such new protected wellheads are required, the applicant
shall demonstrate that:

(1) There will be no significant adverse impact on minimum groundwater

levels at the protected wellhead; and
(2) There will be no significant adverse impact from saltwater intrusion at the
protected wellhead.
(3) The applicant shall provide notice to all non-residential zoned landowners
within 500 feet or within a proposed 7-year time of travel, whichever is
greater, protection area as to potential limitations regarding the use of
their property due to the new potable well prior to the County approval
process.

(f) Area of water resources concern. Whenever adverse groundwater withdrawal

impacts have been identified through water quality monitoring activities, all
development approvals that may contribute to increasing the use of impaired
groundwater wells shall be coordinated with the NWFWMD and the ECUA and
other public supply systems. Among other things, lower permit thresholds,
maximum and minimum withdrawal levels, other stipulated conditions regarding
water use, and any provisions of the Florida Administrative Code including
relevant portions of § 40A-2.801 et seq. may be employed to regulate, control or
restrict water resource withdrawal activities.

Sec. 4-5.10 Docks, Piers, and Marinas (Reference DSM Chapter 2-Docks, Piers,
and Marinas)

Setbacks required. Piers, docks, and marinas setback lines shall be ten percent of the
waterfront at MHWL, but not less than five feet from a property boundary. Specific
construction standards and additional setbacks are located in Chapter 2 Article 3 of
DSM

LDC 4: 75
Article 6 Historical and Archeological Resources.
Sec. 4-6.1 Purpose of article.
This article establishes land use regulations that implement Comprehensive Plan
policies requiring the identification and preservation of significant archeological and
historic sites and structures.

Sec. 4-6.2 General provisions.

(a) Identification of resources. The potential for on-site historical and archeological
sites shall be determined through review of the Florida Master Site File, Florida’s
official inventory of historical and cultural resources maintained by the Florida
Department of State, and probability maps found in the technical manual.
(b) Protection required. To protect historical and archeological sites, land uses and
development activities require prior county review and approval for compliance with
the regulations of this article unless the use or activity is specifically identified in the
LDC as exempt from these regulations. Additionally, these regulations apply to any
historical or archeological artifact discovered during any phase of construction until
such time as the artifact has been protected or proven insignificant.
(c) Cessation of activities. Any time historical or archeological artifacts or resources
are discovered during the process of construction or development activities, such
activities impacting the artifact or resource shall immediately cease until such time
as a determination of significance has been provided.
(1) Partial cessation. If the location of the artifact or resource is such that the area
can be protected while construction or development activities continue elsewhere
on the site, such protection shall be allowed. However, if the location or nature of
the artifact or resource is such that any site disturbing activities would impact the
artifact or resource, then activities on the entire site shall cease.
(2) Extension of approval time. If the cessation of construction or development
activities goes beyond the time limits established by development orders,
building permits or any other county approvals issued according to the provisions
of the LDC, then the time for completion of such activities shall be extended to
allow for the successful completion of the development or construction.
(d) Determination of significance.
(1) Artifacts. The determination of whether or not an artifact is of significant
importance and afforded protection by federal or state regulation shall be
concluded no later than ten business days after discovery and notification to the
county.
(2) State approved. The determination of the significance of any artifact or
historical or archeological evidence found on any construction site or on any site
listed on the Florida Master Site File shall be made by those persons, firms or
corporations approved to make such determination by the Florida Department of
State, Division of Historical Resources.

LDC 4: 76
(e) Available resources. The county shall use any available resources of the Florida
Department of State, Division of Historical Resources, in the identification of historic
structures within the county. The county will utilize guidance, direction and technical
assistance received from the agency to insure protection of identified historic
structures, sites and areas. Additionally, the county will utilize state assistance
together with the assistance of the University of West Florida and others in
identifying newly discovered historic or archeological resources. The identification
will include an analysis to determine the significance of the resource.
(f) Clustering. Where lands proposed for predominantly residential development
contain historical or archeological resources, the dwelling units may be clustered as
prescribed in Article 1 of Chapter 3 to more fully develop available density on the
remainder of the parcel and avoid adverse impacts on the resources.
(Ord. No 2017-30, § 1, 5-25-2017; Ord. No. 2017-62, § 3, 11-2-17)

Supp. 13

LDC 4: 77
Article 7 Supplemental Use Regulations.
Sec. 4-7.1 Purpose of article.
This article establishes land use regulations that implement Comprehensive Plan
policies requiring the compatibility of adjacent uses. It is the intent of these regulations
to ensure compatibility between uses that are not ensured by zoning district regulations
alone. Unlike zoning and other location-based regulations, the requirements of this
article regulate certain uses based on their characteristics and potential conflicts with
other uses. These use-based regulations supplement and sometimes modify the
provisions of the applicable zoning district. They are intended to objectively address the
unique compatibility challenges of specific uses, allowing those uses by right and
avoiding case-by-case discretionary conditional use approval.

Sec. 4-7.2 General provisions.

(a) Approval required. All land uses and development activities specifically identified
within this article require county review and approval for compliance with the
regulations of this article unless the use or activity is specifically identified in the LDC
as exempt from these regulations.
(b) Modification of regulations. Variances to the strict application of the regulations of
this article may only be granted according to compliance review processes of
Chapter 2, and only if such modifications maintain the stated purposes of this article,
are specifically allowed by its provisions, and comply with all stated conditions.

Sec. 4-7.3 Accessory uses and structures.

(a) General conditions. Accessory uses and structures shall be allowed in compliance
with the provisions of the applicable zoning district and this section.
(1) Subordinate. An accessory use shall be subordinate in extent and purpose to
the principal use and not simply a different, alternative or additional use. Multiple
uses on a parcel may each be classified as a principal use, so the determination
of subordinate uses shall, at a minimum, consider the following:
a. Area. The area devoted to the use in relation to the principal use. However,
the fact that a use occupies less area does not necessarily make the use
accessory.
b. Time. The time devoted to the use in relation to the principal use. For
example, a seasonal activity may be accessory in relation to a year-round
primary use, but a year-round use would not be subordinate to a seasonal
primary use.
c. Intensity. The relative intensity of the use and the resulting impacts on the
land and neighboring properties.
d. Employees. The number of employees assigned to a use. However, an
accessory use need not always have fewer employees than the principal use.

LDC 4: 78
(2) Customarily incidental. An accessory use shall be customarily incidental to the
principal use, having commonly, habitually, and by long practice been
established as reasonably associated with that use. A rare association of uses
does not qualify as customary, but the uses need not be joined in a majority of
the instances of the principal use. Additionally, an incidental use must have a
reasonable relationship to the principal use, being clearly associated, attendant
or connected. A use is customarily incidental when it is so necessary or so
commonly to be expected in connection with the principal use that it cannot be
reasonably supposed that the LDC intended to prevent it.
(3) Establishment. Unless otherwise specifically allowed by the provisions of the
LDC, accessory uses and structures may only be established concurrently with
or following the lawful establishment of a validating principal use or structure.
(4) Location. An accessory use or structure shall be located on the same lot as the
principal use or structure. Accessory structures are limited to locations within
side and rear yards, except as specifically allowed by LDC provisions, including
the following:
a. Large residential lots. Accessory structures, including an accessory dwelling
unit, on a lot ten acres in size or larger may be located within the front yard of
the principal dwelling if the structures are at least 60 feet from the front lot line.
b. Waterfront lots. Accessory structures may be located in the front yard of a
waterfront lot if the structures are at least 60 feet from the front lot line and
granted conditional use approval by the Board of Adjustment (BOA).
c. Signs and fences. Signs and fences as accessory structures may be located
within a front yard if in compliance with the sign and fence standards
prescribed in Chapter 5.
d. Fuel pumps. Pumps and pump islands for retail fuel sales may be located
within the front yard of a conforming non-residential use if the pumps and
islands are at least 20 feet from any street right-of-way.
e. Sewage systems. The underground components of an on-site sewage
treatment and disposal system (e.g., septic tank and drain field) may be
located within a front yard as necessary to obtain sufficient open space if the
components are at least five feet from any lot line.
f. Deposit boxes. Deposit boxes for the donation of used items to charitable
organizations may be located within the front yard of a conforming
non-residential use if the total area coverage by the boxes is limited to 100
square feet and they are placed in compliance with the sight visibility and sign
standards prescribed in Chapter 5.
g. Automated vending. Automated vending structures may be located within
the front yard of a conforming non-residential use if the vending structures are
at least 20 feet from any street right-of-way and in compliance with the sight
visibility and sign standards prescribed in Chapter 5. Such structures shall
also be freestanding, self-contained, and unattended; have separately metered

LDC 4: 79
 utilities; and be limited to on-demand self-service commercial activities such as
the retail sale of ice or the provision of banking services.
(5) Size in relation to single-family dwellings. Structures accessory to a single-
family dwelling, including accessory dwelling units, are subject to the following
size limits, excluding accessory structures on farms or within agricultural zoning:
a. Less than two acres. On lots smaller than two acres, no individual
accessory structure may exceed 50 percent of the gross floor area of the
principal dwelling.
b. Two to five acres. On lots two acres to five acres, no individual accessory
structure may exceed 75 percent of the size of the gross floor area.
c. Greater than five acres. On lots larger than five acres, no individual
accessory structure may exceed the size of the principal dwelling.
Structures larger than the limits established here shall require variance
approval from the BOA.
(6) Structures on Pensacola Beach. Residential accessory structures on
Pensacola Beach, except for signs and fences, require the approval of the SRIA
Board. Such private structures include garages, storage buildings, playhouses,
swimming pools, cabanas, uncovered decks, and screened enclosures.
Approval of these accessory structures is entirely at the discretion of the SRIA
and shall require compliance with the following:
a. The design of the structure is compatible with the design of the residence.
b. If on a waterfront lot, the structure does not extend further seaward than
residences on adjoining lots.
c. If the structure is a detached elevated deck, it is no greater than 200 square
feet in area and does not exceed 35 feet in height or the height of the
residence, whichever height is less.
d. No variance to established structure setback lines is necessary.
e. No wall of the structure is closer than six feet to any wall of the residence, and
no part of the structure is closer than four feet to any part of the residence.
f. If the structure includes a walkway cover between the residence and the
structure, the cover is no more than six feet wide.
g. If the structure is a swimming pool or gazebo type structure, it does not
extend seaward of the state’s 1975 Coastal Construction Control Line or a
line 50 feet landward of the crest of the primary dune line, whichever setback
from the shoreline is more restrictive.
h. The structure complies with all other LDC and Florida Building Code
requirements.
(b) Specific uses and structures.
(1) Accessory dwelling units. Accessory dwelling units are allowed on the lots of
single-family dwellings, but a second dwelling unit on a lot is not subject to the
limitations of accessory structures if the lot area and applicable zoning district

LDC 4: 80
 would otherwise allow the additional dwelling. Accessory dwelling units shall
comply with the following conditions:
a. The applicable zoning is a mainland district, but is not Industrial (Ind),
Recreation (Rec), Conservation (Con), or Public (Pub).
b. The principal dwelling and accessory dwelling unit are the only dwellings on
the lot and the lot provides the minimum area required by the applicable
zoning.
c. The resulting residential density on the lot may exceed the gross density limit
of the applicable zoning, but complies with all other applicable density limits
(e.g., airfield environs).
d. The form of accessory dwelling (e.g., manufactured home) is an allowed use
of the applicable zoning.
e. The accessory dwelling complies with the setbacks applicable to the principal
dwelling unless otherwise allowed by the LDC.
(2) Carports. All carports, attached or detached, are allowed as accessory
structures regardless of their construction material, but shall comply with the
following conditions:
a. The structure setbacks of the applicable zoning district are not exceeded,
except that a carport may encroach into the required front yard provided it is
not less than ten feet from the front property line.
b. The carport is not prohibited by private deed restrictions.
c. Minor site development approval is obtained for the structure and it complies
with applicable building codes.
d. A building permit is obtained for the structure unless it is a portable carport
covering less than 400 square feet.
e. The structure is not attached to a mobile home.
(3) Chickens and single-family dwellings The ownership, possession, and raising
of live chickens (Gallus gallus domesticus) is an allowed accessory use for any
single-family dwelling principal use, except on Perdido Key and Santa Rosa
Island, regardless of any prohibition of farm animals or minimum lot area for farm
animals established by the applicable zoning district. However, such keeping of
chickens shall comply with the following standards:
a. Limit by lot area. No more than eight chickens shall be kept on any lot that
is one quarter acre or less in size.
b. Roosters. No rooster shall be kept less than 100 yards from any inhabited
residence other than the dwelling of the person keeping the rooster.
c. Security. Chickens may roam freely in the fenced rear yard of the principal
dwelling from sunrise to sunset. During all other times the chickens shall be
kept in secure coops, pens or enclosures that prevent access by predators.

LDC 4: 81
 d. Enclosure setbacks. All chicken pens, coops, or enclosures shall be a
minimum of 10 feet from rear and side property lines, and a minimum of 20
feet from any residence located on an adjacent lot.
(4) Columbaria. Columbaria are allowed as accessory uses to places of worship.
(5) Docks and piers. As an exception to the establishment of a principal use or
structure for any accessory use or structure, docks and piers may be permitted
as accessory structures on lots exclusively for single-family dwellings regardless
of the establishment of any dwellings on the lots.
(6) Dog-friendly outdoor dining areas. Chapter 509, Florida Statutes, as
amended, authorizes a local exemption to certain regulations adopted by the
Division of Hotels and Restaurants, Florida Department of Business and
Professional Regulation, for the option of restaurants and other public food
service establishments to offer dog-friendly outdoor dining areas. As further
provided in this part, those establishments as defined by the state and licensed
by the division may allow patrons’ dogs within designated outdoor portions of the
establishments as an accessory use to the food service. These provisions do not
limit the areas of use by dogs as service animals for disabled persons or by dogs
in the service of law enforcement agencies.
a. Permit required. Prior to allowing patron’s dogs on their premises, all public
food service establishments, new or existing, shall obtain a permit for the
accessory use from the county through the site plan review process
prescribed in Article 4 of Chapter 2. In addition to information required by
adopted site plan application procedures, the applicant shall provide the
following:
1. Name, location, and mailing address of the public food service
establishment.
2. Name, mailing address, and telephone contact information of the permit
applicant.
3. Accurately labeled, dimensioned, and scaled diagram of the outdoor area
to be designated as available to patrons’ dogs. The area shall be shown in
relation to the establishment’s property boundary, remaining unavailable
area, and any sidewalks or other public ways within or adjoining the site.
The diagram shall also depict any quantity and placement of tables, chairs,
and restaurant equipment within the designated area for patrons’ dogs, all
entries and exits to that area, any existing or proposed fences or barriers,
and locations of site signs proposed for the required posting of rules.
4. Days of the week and hours of operation that patrons’ dogs will be
permitted in the designated outdoor area.
5. Division-issued license number of the applying public food service
establishment.
6. Scaled representations of the site signs proposed for the required posting
of rules.
b. Design and operation. To protect the health, safety, and general welfare of
the public, all public food service establishments authorized by this local
exemption shall instruct employees in appropriate health and safety practices

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 and include the following in their design and operation of outdoor areas
provided for patron’s dogs:
1. Hand sanitizer. Waterless hand sanitizer shall be provided at all tables
within the designated areas.
2. Surface cleaning. Between the seating of patrons all table and chair
surfaces shall be cleaned and sanitized with a division - approved product
and all spilled food and drink shall be removed from the floor or ground.
3. Waste cleanup. Accidents involving dog waste shall be cleaned
immediately and the area sanitized with a division-approved product. A kit
with the appropriate materials for this purpose shall be kept near the
designated outdoor area.
4. Limited travel. Except for dogs as service animals for disabled persons or
dogs in the service of law enforcement agencies, no dogs shall be
permitted to travel through indoor or non-designated outdoor portions of the
establishment. Accordingly, ingress and egress to the designated outdoor
portions of the establishment must not require entrance into or passage
through other areas of the establishment.
5. Area signage. One or more signs notifying the public that a designated
outdoor area is available for the use of patrons and patrons’ dogs shall be
conspicuously posted on the premises of the establishment. Additionally,
one or more signs at each entrance to the designated outdoor area shall
remind employees and patrons of the following statute-based rules of use
of the area:
i. All employees shall wash their hands promptly after touching, petting, or
otherwise handling dogs. Employees are prohibited from touching,
petting, or otherwise handling dogs while serving food or beverages or
handling tableware or before entering other parts of the public food
service establishment.
ii. All patrons in the designated outdoor areas should wash their hands
before eating.
iii. Employees and patrons shall not allow dogs to come into contact with
serving dishes, utensils, tableware, linens, paper products, or any other
items involved in food service operations.
iv. Patrons shall keep their dogs on leashes at all times and shall keep
their dogs under direct control.
v. Dogs are not allowed on chairs, tables, or other furnishings.
vi. Except for dogs used as service animals for disabled persons or dogs in
the service of law enforcement agencies, dogs are not permitted to travel
through indoor or non-designated outdoor portions of the establishment.
c. Owner obligations. Any current or subsequent owner of a public food service
establishment approved through these provisions to allow patrons’ dogs
within designated outdoor portions of the establishment is obligated by the
approval to maintain all site conditions and elements as approved for all times
the patrons’ dogs are allowed within those designated areas.
d. Enforcement. The regulations of this part shall be enforced by county code
enforcement officers as authorized pursuant to Chapter 30, Code

LDC 4: 83
 Enforcement, Part I, Escambia County Code of Ordinances. Any party or
parties in violation of these regulations shall be subject to notices of violation,
citations, and civil penalties as prescribed in Chapter 30.
e. State and local cooperation. The county shall monitor permit compliance in
cooperation with the Division of Hotels and Restaurants through the following:
1. Planning Official. The Planning Official shall, on no less than an annual
basis, provide the division with a copy of all county-approved applications and
issued permits for dog-friendly dining. The appropriate division-issued license
numbers of the respective public food service establishments shall be on all
documents provided.
2. Code enforcement. County Code Enforcement shall, on no less than an
annual basis, report citizen complaints related to these dog-friendly dining
provisions and the enforcement responses made to such complaints. The
report shall include the division-issued license numbers of the respective
public food service establishments and may be submitted in coordination with
the applications report of the Planning Official. (Ord. No. 2017-41, §, 1 7-6-2017)
(7) Family day care or foster homes. A family day care home or family foster home
is allowed as an accessory use wherever the host dwelling unit is allowed unless
prohibited by the applicable zoning district.
(8) Home occupations and home-based businesses. Home occupations and
home-based businesses are limited to the residents of a dwelling unit other than
a manufactured (mobile) home, and allowed only as accessory uses to the
residential uses. A home occupation, or employment at home, is allowed
wherever the host dwelling unit is allowed, but shall generally be unnoticeable to
adjoining land uses. A home-based business, which is at a greater scale or
intensity than a home occupation, is limited to the rural zoning districts (Agr, RR,
RMU) and only allowed if impacts to adjoining land uses are minimal. Home
occupations and home-based businesses shall comply with each of the following
requirements:
a. Licenses. All required business, professional, or occupational licenses are
obtained prior to commencement of the occupation or business and are
maintained for the duration of the activity.
b. Exterior evidence. For home occupations, there is no evidence visible from
outside of the dwelling or accessory building that any part of a building is
utilized for an occupation. For home-based businesses, any evidence visible
from outside of the dwelling or accessory building that any part of a building is
utilized for a business is minimal. Such exterior evidence includes any
storage or display associated with the occupation or business. Signs are
limited for both uses as prescribed by the outdoor sign provisions in Article 8
of Chapter 5.
c. Off-site impacts. Occupations or business activities shall not create
nuisances or adverse off-site impacts, including but not limited to noise,
vibration, smoke, dust or other particulates, odors, heat, light or glare, or

LDC 4: 84
Supp. 15
 electromagnetic interference. In a residential neighborhood, no activities are
allowed to alter the character of the neighborhood.
d. Structural alterations. No structural alterations are made that would be
inconsistent with the use of the dwelling exclusively as a residence or that
would not customarily be associated with dwellings or their accessory
buildings.
e. Employees. Employment in a home occupation is limited to residents of the
dwelling unit unless the applicable zoning district allows BOA conditional use
approval of non-resident employees. Employment in a home-based business
may include no more than two non-resident employees.
f. Customers. No customers shall visit the house and there shall not be any
additional traffic or an increase in demand for parking due to trucks or other
service vehicles coming to the house.
g. Motor vehicles. The manufacture or repair of motor vehicles or other
transportation equipment is prohibited. (Ord. No. 2018-18, §2, 4-5-2018)
(9) Small wind energy systems. For the purposes of this section, a small wind
energy system is an accessory use consisting of a wind turbine, structural
support, and associated control or conversion electronics design to supply some
of the on-site electrical power demands of a home, farm, or small business. A
small wind energy system is allowed only if constructed and operated in
compliance with each of the following requirements:
a. System Height. The height of the system is the minimum necessary to
reliably provide the required power.
b. Prohibited use. To protect the unique scenic view, the system is not
installed within the Scenic Highway Overlay District.
c. Airport and military review. If the installation of the system or additional
turbines is within the Pensacola International Airport Planning District
(PNSPD) or any military Airfield Influence Planning District (AIPD), the
applicant has notified and obtained a response from the respective
airport/airfield authority. If the authority has objections to the installation, the
Planning Official shall consider them in any final determination and may
impose approval conditions on the installation to address the objections.
d. Setback. The center of the system tower base is no closer to any part of a
dwelling outside of the system installation parcel than the total height of the
system. Additionally, no part of the system structure, including any guy wires
or anchors, is closer than five feet to the property boundary of the installation
parcel.
e. Appearance.
1. Design and Location. Towers are designed and located to minimize
visual impacts. Colors and surface treatment of system components
minimize visual distraction.

LDC 4: 85
 2. Signs. Signs on system components are limited to the manufacturer’s or
installer’s identification and appropriate warnings.
3. Lighting. System structures are not lighted except to the extent required
by the Federal Aviation Administration or other applicable authority.
(10) Swimming pool enclosures. Screened enclosures for swimming pools may
be erected no closer than five feet from the rear or side property line. No pool
enclosure shall be allowed on any easement unless authorized by the grantee
of the easement through an encroachment agreement.
(Ord. No. 2015-49, § 1, 11-5-2015; Ord. No. 2017-41, § 1, 6-06-2017)

LDC 4: 86
Sec. 4-7.4 Adult entertainment.
(a) General. All adult entertainment, including adult theaters, adult bookstores, adult
performance establishments, and other uses or activities regulated by the adult
entertainment provisions of Chapter 18, Businesses, Part I, Escambia County Code of
Ordinances, shall be located:
(1) No less than 1000 feet from any existing adult entertainment facility.
(2) No less than 300 feet from any existing commercial establishment that sells or
dispenses alcoholic beverages in any manner for on-premises consumption.
(3) No less than 1000 feet from any existing place of worship, child care facility, K-12
educational facility, park or playground.
(4) No less than 500 feet from any existing residential use or residential zoning
district (RR, LDR, MDR, and HDR).
Sec. 4-7.5 Alcoholic beverage sales.

(a) Zoning compliance. Regardless of the sale of liquor, beer or wine as may be
permitted by the applicable zoning district, no vendor shall sell alcoholic beverages,
whether for on-premises or off-premises consumption, within 1000 feet of a place of
worship, child care facility or K-12 educational facility, except as may be allowed by
the provisions of this section. This prohibition does not apply to 1APS (beer only) or
2APS (beer and wine only) licenses, or to ODP (one, two or three-day) temporary
permits, as described in Florida Statutes.
(b) Measurement. The distance required between the place of business selling
alcoholic beverages and a place of worship, child care facility, or K-12 educational
facility shall be measured along the shortest route of ordinary pedestrian travel
within public rights-of-way, from the main entrance of the place of business to the
main entrance of the place of worship or child care facility; or for an educational
facility, to the nearest point of the grounds in use as part of the facility.
(c) License transfer. If the county has issued alcoholic beverage zoning compliance
confirmation for a specific location as prescribed in Chapter 2, it shall not thereafter
be denied to the transferee of a license holder operating a business at the same
location if the transferee applies to the county for zoning compliance confirmation
within 60 days of the last day of business of the transferring license holder.
(d) Establishment of new conflicting uses. Whenever a licensee has obtained a
state license permitting the sale of alcoholic beverages on premises, the subsequent
establishment of a place of worship, child care facility or educational facility within a
distance otherwise prohibited by this section shall not be cause for the revocation of
the license nor prevent the subsequent renewal or transfer of the license, or upgrade
to a consumption-on-premises (COP) license.
(e) Conditional use. The Board of Adjustment (BOA) may approve a conditional use
for the sale of alcohol within 1000 feet of a place of worship or child care facility if it
finds that all of the conditions prescribed in Chapter 2 for conditional use approval

LDC 4: 87
 have been established. With regard to the condition of general compatibility, the
BOA shall consider the extent to which:
(1) The existing times of use of the places of worship or child care facilities coincide
with the hours of operation of the subject business.
(2) The 1000-foot minimum distance is not achieved.
(3) The conflicting uses are visible to each other.
(4) Any on-premises consumption is outdoors.
(5) Any conditions or circumstances mitigate any incompatibility.
Sec. 4-7.6 Borrow pits and reclamation..
(a) Standards regulating conditional uses. In addition to the general provisions
regulating conditional uses, a conditional use may be permitted by the BOA provided
the proposed conditional use complies with the standards of this Code and the
following requirements:
1. Borrow pits and land clearing debris disposal sites.
a. Sites shall require access from adequately wide paved roads where trucks
hauling excavated materials or debris to/from the site do not require access
on local residential roads.
b. The scale, intensity and operation of use shall not generate unreasonable
noise, traffic, odors, dust, or other potential nuisances or hazards to
contiguous residential properties.
c. The applicant shall submit a boundary survey and description of anticipated
excavation phases for a borrow pit as well as a reclamation plan for affected
lands. The same requirements shall apply to a development plan explaining:
1. Proposed practices to protect adjacent land and water resources,
minimize erosion, and treat stormwater runoff.
2. Safety features of the development plan.
3. Landscaped areas, particularly treatment of property lines in the
proximity of residential uses.
4. The applicant's reclamation plan.
5. Time schedule that meets the requirements of the permitting agency.
6. Method, manner, and type of revegetation of affected areas.
d. Minimum parcel size is 20 acres.

e. Conditional use approval pursuant to this subsection does not waive an

applicant’s duty to meet any other county, state, or federal permitting
requirements or performance standards.

f. Notwithstanding the uses listed for any zoning district, the conditional use
approval process shall be waived for any borrow pit or reclamation activity

LDC 4: 88
 that is located 1000 feet on all sides from any residential use or zoning district
and is serviced by an adjacent arterial or collector road.

(b) Standards regulating adverse off-site impacts

(1) Noise
a. Prohibitions. It shall be unlawful, except as expressly permitted herein,
to make, cause, or allow the making of any noise or sound which
exceeds the limits set forth in this article or in any county ordinance
regulating noise. The Escambia County Code of Ordinances contains
the principal noise regulations; the following provisions deal with
development issues only.
b. Measurement of sound. The measurement of sound or noise shall be
made with a calibrated sound or noise level meter. A calibration check
shall be made at the time of any noise measurement. Measurements
recorded shall be taken so as to provide a proper representation of the
noise source. A windscreen for the sound level meter microphone shall
be used when required. Traffic, aircraft and other transportation noise
sources and other background noises shall not be considered in taking
measurements except where such background noise interferes with
the primary noise being measured. All measurements shall be made at
the property line of the subject property and such measurements shall
be taken at least five feet above grade and for a period of not less than
two minutes.
c. Maximum permissible sound levels. No manufacturing or commercial
use shall operate or cause to be operated any source of sound in such
a manner as to create a sound level which exceeds the limits set forth
below at the time of land use certificate/site plan review, the applicant
may be asked to certify the intent to meet the specified standard:

Sound level limits

Use Occupancy Time Sound Level Limit
dB
Commercial/ 7:00 a.m.—10:00 p.m. 75
tourist 10:00 p.m.— 7:00 a.m. 70
Manufacturing At all times 60
ID-P
ID-1 or ID-2 6:00 a.m.—10:00 p.m. 95
10:00 p.m.— 6:00 a.m. 85

(2) Hours of operation

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

LDC 4: 89
 and do not require traffic or access to roadways are permitted on Sunday
during daylight hours.

(b)Mining, borrow pit, resource extraction, and reclamation activities,

including land clearing debris and construction and demolition debris
disposal that access their operations without traversing through residential
areas are limited to the hours between 6:00 a.m. and 6:00 p.m. Monday
through Saturday. Operations that occur entirely on-site and do not require
traffic or access to roadways are permitted on Sunday during daylight hours.

(3) Exceptions to the above noted operating hours may be authorized by federal,
state, and/or county authorities in cases of emergency or when determined
by such authorities to best serve the public interest. Any exceptions require
written approval by the county administrator, or his/her appointed designee,
specifying the reason and allowed timeframe(s) for the exception.
(a) Exemptions. The following uses or activities are exempt from the noise
level regulations as noted above and in chapter 1-20.3:
1. Construction operations for which building permits have been issued,
provided that such operations are limited to the hours between 5:00
a.m. and one hour after sunset, except that on Pensacola Beach:
a. No outside construction may begin before 6:30 a.m., if within 200
feet of an occupied residence; and
b. Owner-occupied single-family detached houses are exempt from
the above restriction.
2. Safety signals, warning devices, bells and chimes of churches;
3. Noise from emergency vehicles, or noises resulting from emergency
works;
4. All noises coming from the normal operation of trains, aircraft (not
including scale model aircraft), motor vehicles governed by F.S. §
316.293, or vessels operated upon the waters within or adjacent to
Escambia County;
5. Activities at Five Flags Speedway and/or other legally constructed and
operated tracks or courses for competitive motor vehicles.

(c) Borrow pits (includes mining and resource extraction) and reclamation
activities thereof
(1) Setbacks for excavation. Borrow pit slope commencement (i.e., the outermost
edge of excavation) shall be located a minimum of 25 feet from the adjoining
owner's property boundary and/or adjacent right-of-way (ROW); however,
minimum excavation setbacks shall be consistent with the setbacks to be
applied in the applicant’s reclamation plan. Setback provisions established
herein include the required width for landscape screening and buffers
subsequently noted herein. The following exceptions may apply:

LDC 4: 90
Supp11
 (a) Back to back pits. The setback for slope commencement excludes
property boundary lines between active pits using the same
excavation area.
(b) Site specific requirements. Increased setbacks may be required per
the terms of the mandatory county development order to protect
wellheads, environmental areas, and/or adjacent properties from
adverse impacts.

(2) Excavation slope requirements. The angle of repose for borrow pit/mining
slopes shall be no greater than 2:1 (i.e., two feet horizontal for each one foot
vertical) unless a professional engineer (P.E.) or professional geologist (P.G.)
certifies that an angle of repose exceeding this ratio will prohibit any potential
erosion or slumping, factoring into account the type of soil (i.e., clay, sand,
etc.) and pertinent environmental conditions of the area.
(3) Traffic requirements. See section 7.11.09. Pit access shall be limited to routes
having the least impact on residential areas, and the use shall be subject to
all traffic concurrency requirements.
(4) Permits. See Escambia County Code of Ordinances, part I, chapter 42, Article
VIII, section 42-323. A county resource extraction permit is required for
extraction, removal and transportation of material excavated from the site.
Permits for filling and/or reclamation of pits after removal of usable materials
are subject to additional federal, state and/or local regulations as governed by
the applicable regulatory authority.
(5) Hours of operation. Limited for pits and reclamation activities as indicated
above.

LDC 4: 91
(6) Fences and gates. A security fence with appropriate gates for access, not
less than six feet above grade, is required along the outer perimeter of the
excavated area, with exception of the pit access point(s). Additional security
features, such as barbed wire above the fence top, are permitted. Gates for
access shall be locked at all times during non-operating hours. Fences and
gates shall be maintained in a reasonable condition to remain an effective
barrier.
(7) Screening. Portions of the pit visible from the public right-of-way or nearest
residential use shall be screened with dense landscaping to achieve at least
75 percent opacity . The landscape buffer shall be no less than ten feet in
width at any given point and may be placed either inside or outside the
required fence perimeter to achieve maximum dust and noise reduction and
visible shielding. Earthen berms with a minimum height of three feet can be
placed within this buffer area.
(8) Buffers. In addition to the landscape screening noted above, a minimum ten-
foot wide buffer is required parallel to, and inside, the required fence.
Excavation, pit operations, parking, storage and disposal of debris are not
permitted within the screening or buffer areas. The setback area may not be
used for truck or equipment traffic, except as necessary to maintain the
setback area and perimeter fence. Pit access point(s) shall be designed
perpendicular to the buffer/screening width with the least disturbance to the
buffer/screening zone that allows safe vehicle and equipment access to the
operating site.
(9) Signs. "No Trespassing" signs are required at each pit access point(s), every
250 linear feet on the boundary fence, and at each corner, in letters not less
than two inches in height. "No Trespassing" signs shall be maintained in
legible condition.
(10) Reclamation activities. Active reclamation activities shall be governed by
any performance standards applicable to the reclamation occurring on site, in
accordance with all federal, state, and local regulations and as approved
pursuant to the Escambia County Code of Ordinances. Reclamation involving
land clearing debris disposal shall only be permitted to the minimum height
above ground level that allows for environmental safety and stormwater runoff
consistent with the surrounding environment and intended post-mining land
use not to exceed six feet. Groundwater monitoring wells may be required for
specific types of debris disposal per the applicable federal and state
regulations and the terms of the required county-approved reclamation plan.
(11) Existing permitted and unpermitted activities. Borrow pits, and resource
extraction activities existing and in operation prior to August 22, 2014, or
permitted prior to that date shall be grandfathering (or vested) in accordance
with the following regulations:
(a) Lawful nonconforming activities existing prior to June 2, 2005.
Ordinance 2005-18 was adopted on June 2, 2005. Borrow pits and
resource extraction activities existing and in operation prior to June 2,
2005 became lawful nonconforming land uses on June 2, 2005. Such

LDC 4: 92
 land use activities were and are subject to the provisions of Chapter 1,
Article 2 of the Land Development Code. Local permits are required
and to the extent these facilities and land use activities are not
grandfathered and do not already comply with applicable regulations,
they shall have 180 days from the date this ordinance is approved to
comply. Extensions for extenuating circumstances may be approved
by the County Administrator or the County Administrator’s designee on
a case-by-case basis.
(b) Unpermitted existing activities. Borrow pit and resource extraction
activities created on or after June 2, 2005 that were otherwise in a
zoning district that authorized the land use activity as either a
permitted or conditional use, and which made application for either
permitting or a development order prior to August 22, 2014, shall
obtain and will be considered for a local permit to operate consistent
with their current and historical use of the property. The technical
conditions of the permit shall be addressed on a case-by-case basis,
which will include consideration of the nature and history of the activity
to be permitted and the length of time the activity has been ongoing;
however, the permit conditions will include compliance with this article
to the extent feasible. Facilities qualifying to request treatment
pursuant to either section 5.a or 5.b may choose either.
(c) Permitted existing activities. The grandfathered status and vested
rights of operators and owners of borrow pits and resource extraction
activities that held a current and active development order or other
permit issued by the County prior to August 22, 2014, are to obtain
local permits upon approval of this section and are to be addressed on
a case-by-case basis that will include consideration of the specific
wording of the previously approved development order, permit and
any other land use approval issued by the County relating to the
operation of the borrow pit or resource extraction activity. Previously
permitted or approved performance standards remain in effect, except
where the County determines the public health, safety and welfare
dictates the current standard apply.
(d) Inordinate burden. In no event shall the application of any revision to
the Land Development Code relating to an activity that falls within the
coverage of subsection 5 be so severe as to make the permitted
activity either economically infeasible or to impose an inordinate
burden on the land use activity, as such inordinate burden is defined in
Section 70.001, Fla. Statute.

LDC 4: 93
Sec. 4-7.7 Condo-hotels.
General. A hotel or motel under a condominium form of ownership (condo-hotel or
condotel) shall contain only individual lodging units permanently dedicated to full-time
public rental for transient occupancy and be entirely under the control, management and
operation of a single entity. The management may, however, permit the owner of an
individual unit to occupy the unit without rental charge for up to 12 weeks in any
calendar year, provided that when not owner-occupied the unit is made available to the
public by the operator for short-term transient rentals of less than 30 days. A condo-
hotel shall also satisfy the following requirements:
(1) The facility is advertised and appropriately marked with signage identifying the
condo-hotel as a hotel or motel.
(2) The facility is served by singly metered utility services and has central telephone
and television systems serving all individual units.
(3) The operator shall be directed by the owners' association or board of directors to
make the guest register available for inspection during business hours by
authorized agents, officers and employees of the county to verify compliance.
(4) The operator shall be directed by the owners' association or the board of
directors to provide access to all rental records, tax receipts or other documents
and records necessary to allow authorized agents, officers and employees of the
county to verify compliance with the requirements of this provision.
(5) The operator shall be directed by the owners' association or board of directors to
retain the records referred to above, for a minimum of five years.
Condo-hotel units that are offered in fractional shares must have all unoccupied units
available for daily transient rental by the operator or an exchange company.

LDC 4: 94
Sec. 4-7.8 Manufactured (mobile) homes.
(a) General. When a manufactured (mobile) home is permitted for use in any district, it
shall meet all minimum requirements for a detached single-family dwelling in the
district. A manufactured home shall not be used for any purpose other than a single-
family dwelling and shall not be stored or parked on any public right-of-way. Except
for nonconforming uses, and emergency conditions as determined by the SIRA or
BCC, manufactured homes are not permitted on Pensacola Beach or Perdido Key.
(b) As nonconforming use. Any manufactured home as a nonconforming use may be
replaced by another manufactured home of any size without being considered an
increase in the extent of nonconformity if the replacement complies with all of the
following conditions:
(1) Age. Manufactured after July 13, 1994, and no older than the unit being
replaced.
(2) HUD compliance. Constructed according to U.S Department of Housing and
Urban Development (HUD) standards as documented by an attached HUD
certification seal.
(3) Setbacks. Placed according to the setback requirements of the applicable
zoning district and, if within a manufactured home park, at least ten feet from any
other dwelling unit.
(c) Setback modification. Within an existing manufactured home park or subdivision
the front and rear setbacks may be modified by the Planning Official to
accommodate manufactured homes larger than those for which the development
was originally designed if smaller units are no longer reasonably available.
(d) Manufactured home parks. A manufactured home park shall have a minimum of
five manufactured home spaces, and no space may be occupied until at least five
spaces are completed and ready for occupancy. Additionally, a park shall comply
with all applicable state statutes and administrative rules.
(e) Manufactured home subdivisions. A manufactured home subdivision shall
comply with all subdivision regulations of the LDC and all site and building
requirements of the applicable zoning district, except the minimum lot area may be
4000 square feet if the subdivision provides sanitary sewer.
Sec. 4-7.9 Outdoor Storage.
General. Where the LDC allows any outdoor storage of equipment, goods, junk,
material, or merchandise, the storage shall comply with the regulations of this section
unless specifically identified in the LDC as exempt from these regulations. The
regulations are intended to allow outdoor storage, including retail display, while assuring
it is not a hazard to public health and safety, does not have a depreciating effect on
adjacent property values, and does not create nuisance conditions. Unless specifically
identified as a principal use, outdoor storage in all zoning districts is limited to items
accessory (subordinate and incidental) to a permitted principal use on the same parcel,
and complying with the provisions of this section.

LDC 4: 95
Supp11
(a) Exemptions. The following storage is exempt from the regulations of this section:
Construction and landscaping. Construction and landscaping materials and
equipment incidental to ongoing construction or landscaping activities within the
parcel on which the materials and equipment are stored.
(b) Residential uses. Outdoor storage for all residential uses is limited to items
accessory to the use of a dwelling, on the lot occupied by the dwelling, and
complying with the following conditions:

(1) Rear or side yard storage of firewood for the purpose of consumption only by
those residing on the premises.
(2) Recreational vehicle storage if the vehicle is the property of a person residing on
the premises, is licensed and operable, and is stored no closer than five feet from
a side or rear lot line. Additionally, such stored vehicles shall not encroach on a
public right-of-way or public sidewalk.
(3) Items not intended for outdoor use or storage shall not be stored outdoors
regardless of resistance to deterioration by the elements.
(c) Retail display. Outdoor retail display shall comply with the following standards:
(1) Accessory. The display shall be accessory to a permitted retail use on the
same parcel.
(2) Access. The display shall not be located where it will interfere with any required
vehicular or pedestrian access, including access to public rights-of-way, parking
stalls, loading zones, driveways, drive aisles, fire lanes, hydrants, alarms,
emergency exits, or sidewalks. Additionally, displays shall not interfere with any
sight visibility triangles prescribed in Chapter 5, or any utilities, services or
drainage systems.
(3) Order. Items displayed shall be maintained in a neat and orderly manner.
(4) Height. The height of items displayed shall not exceed the height of any
required screening.
(5) Condition of approval. The location of permissible display area shall be
established as a condition of any applicable county approval for a retail use.

LDC 4: 96
To regulate outdoor storage and determine the proper screening requirements for such
storage, the following storage categories and standards are established:
Class Description for Outdoor Storage
Class 1 • Construction materials on active construction sites.
Class 2 • Live plants not displayed for sale.
• Goods incidental to agriculture or the provision of agricultural services.
Class 3 • Vehicles, including recreational, trailers, construction, and watercraft,
at dealerships or a mini-warehouse.
• Retail funerary sales.
Class 4 • Items outdoors during business hours.
Class 5 • Vehicles including recreational, trailers, construction, and watercraft
excluding vehicles located at residences.
• Hazardous or toxic substances
• The storage, sale, dismantling, or other processing of used or waste
goods or materials that are not intended for reuse in their original
forms.
• Materials or equipment.
• Storage of vehicles or equipment for maintenance, repair, or servicing.
• Raw or finished materials incidental to manufacture, processing,
fabrication, assembly, treatment, and packaging of products.
• The storage incidental to offices or administrative, clerical, or public
contact services, together with incidental storage and maintenance of
necessary vehicles.

(A) (B) (C) (D) (E) (F)

Standard Class 1 Class 2 Class 3 Class 4 Class 5
Yard or driveway.

Rear yard unless the area is screened in

accordance with LDC Section 7.01.06.E.

Standard A-2 buffer is required where

abutting any residential district.

Screened in accordance with LDC

Section 7.01.06.E.
Sec. 4-7.10 Recreational vehicles.
Recreational vehicle are designed primarily as temporary living quarters for recreational,
camping, or travel use. Except under the disaster recovery temporary use provisions of
this chapter, the use of a recreational vehicle as living quarters for more than 14 days in
any calendar year is prohibited except in duly licensed campgrounds or mobile home
parks. All recreational vehicles located in residential districts, except for those being

LDC 4: 97
stored and not occupied and located on the same lot with the principal structure, shall
be removed within 60 days from notification.
Sec. 4-7.11 Recycling and waste diversion facilities.
Recovered materials processing facilities, recycling facilities and operations, resource
recovery facilities and operations, and volume reduction plants shall conform to all
performance standards governing the containment, collection, and treatment of leachate
pursuant to Chapter 403, Florida Statutes, and any other applicable regulations
promulgated by the Florida Department of Environmental Protection. The violation of
any such statute or rule governing leachate under Chapter 403, Florida Statutes, shall
also constitute a violation of the LDC.

Standards for Conditions Use

Sec. 4-7.12 Telecommunications towers.

(a)General. In zoning districts where telecommunications towers are allowed, either
generally as a “public utility structure” or specifically as a telecommunications tower,
most require conditional use approval by the BOA to exceed the district or other height
limit. Such approval is required of all towers in some districts. For the purposes of this
section, a telecommunications tower is a pole or similar structure designed to support
one or more antennas in a fixed location for transmitting or receiving commercial
wireless communications signals. Towers limited to amateur radio, VHF marine, or
similar non-commercial operations are not included.
(1) Antennas. A commercial communication antenna may be located on an existing
nonresidential structure without conditional use approval if the antenna and its
supporting structure does not extend more than 50 feet above the existing
structure and does not exceed the structure height allowed by the applicable
zoning district.
(2) Collocation. To provide marketable services while limiting unnecessary
telecommunication towers, approvals for all new towers are conditioned on the
applicant providing for collocation. Specifically, if the telecommunication tower is
150 feet or lower, collocation shall be provided for at least one other
communication service provider; and if greater than 150 feet, collocation shall be
provided for two or more additional providers. Additionally, all applicants for
telecommunications towers shall submit evidence that reasonable efforts to
collocate their equipment on existing structures have been made.
(3) Setback from residential zoning. No commercial communication tower shall
be located closer than the height of the tower to a residential zoning district line.
Additionally, in districts where commercial communications towers are allowed,
all such towers that will exceed 150 feet in height and/or are located within 500
feet of a residential use require conditional use approval by the BOA.
(4) Lighting. Ground or security lighting for commercial communication towers shall
be shielded to prevent direct visibility from nearby residences.

LDC 4: 98
(5) Color. Commercial communication towers not requiring FAA marking otherwise
shall have either a galvanized finish or be painted gray or black.
(6) Standards. Commercial communication towers shall be designed and
constructed in compliance with the latest revision of the telecommunication and
electronic industries standards (TIA/EIA 222) representing the accepted industry
practices in the design of antenna supporting structures.
(7) Security. A minimum six-foot fence or wall shall be required around all
commercial communication tower sites. Access shall be through a locked gate
and an appropriate anticlimbing device shall be installed on the tower. Fences in
residential districts may not exceed a height of six feet; in commercial districts
the maximum height is eight feet.
(8) Screening. Landscaping and buffering shall be provided as required by the
LDC.
(9) Emissions. No location of a commercial communication tower or
communication antenna shall be regulated on the basis of the environmental
effects of radio frequency emissions, except to the extent that such towers and
antennas comply with the FCC regulations concerning those emissions.
(10) Abandonment. The county shall consider any commercial communication tower
whose use has been discontinued for a period of 12 months to be abandoned.
The owner/operator of the tower shall have 180 days to reactivate the use of the
tower, transfer the tower to another owner/operator, or dismantle and remove the
tower.
(11) Existing towers. Existing lawfully erected towers may continue in use, including
their routine maintenance. Additional antennas and other communication
devices may be co-located on existing towers if the towers are structurally
designed to accommodate them and the new combined height does not exceed
district height allowed. If an existing tower is a nonconforming use, it can be
replaced with a new tower of equal or lesser height on the site of the existing
tower or on an alternative site within the same parcel. However, a replacement
tower placed on an alternative site within the same parcel shall comply with the
standards prescribed in this section. If the tower is nonconforming with regard to
height, the requirements of the airport and airfield environs shall apply.
(12) Airport/airfield environs. Any tower located within the airport and airfield
environs prescribed by the LDC shall be reviewed for compliance with the
standards for those environs.
(13) Conditional use. Conditional use approval to allow a telecommunications tower
of greater height does not additionally require a height variance. Where a tower
requires conditional use approval, the reviewing board may only grant a
conditional use upon a finding by the board that, in addition to the standard
conditions, the tower complies with following conditions:
a. Siting alternatives. All other reasonable siting alternatives have been
explored and the conditional use is necessary due to extenuating factors such
as location of existing uses, trees, structures or other features on or adjacent
LDC 4: 99
Supp11
 to the property, or compatibility with existing adjoining uses or with the
general character of the area.
b. Environmentally sensitive land. The proposed site of the tower avoids
wetlands, habitat of threatened or endangered species, and historical sites to
the greatest extent practical. Where adverse impacts have not been avoided
they will be mitigated as required by the LDC or as may additionally be
required by the approving board.
(14) Application requirements. Application for LDC compliance review of proposed
telecommunication towers shall include the following completed documents for
use in evaluating compliance, but applications for conditional use approval need
not include the geotechnical report or environmental compliance checklist.
a. A geotechnical exploration report.
b. An FCC/NEPA environmental compliance checklist.
c. Letters indicating no objection to the tower from the Federal Communications
Commission, Federal Aviation Administration, Florida Department of
Transportation, and Escambia County Emergency Management.
d. Coverage maps for this tower.
e. Collocation information.

Sec. 4-7.13 Temporary uses and structures.

(a) General limitations. Where authorized by the parcel owner and applicable permits,
uses and structures are allowed temporarily according to the provisions of this
section.
(1) Time of use. Except as may otherwise be provided for specific uses and
structures, the temporary establishment of a use, or the temporary placement of
one or more structures, on the same parcel for more than 30 days shall require
county land use approval. Establishment or placement for more than 180 days
shall require LDC compliance review and approval as prescribed in Chapter 2 for
permanent development. Prior to the expiration of their authorized time of use on
a parcel, all temporary uses shall be discontinued on the parcel and all temporary
structures shall be removed from the parcel unless authorized for permanent
use. Unless authorized by a separate land use permit, the time limit for all
temporary uses and structures is measured from the time any temporary use is
established or any temporary structure is placed on the parcel until all the uses
are discontinued and all structures are removed.
(2) Temporary uses. A temporary use may be established outdoors on a parcel or
within an authorized permanent or temporary structure on the parcel, provided
the use is a permitted use within the applicable zoning district or is otherwise
authorized. Minor alterations in a temporary use (e.g., changing items offered at
a sales event) do not modify the permitted duration of the use and are not
considered discontinuation of the use.
(3) Temporary structures. A temporary structure may be erected on a parcel for an
authorized use for a limited time provided the structure complies with the
requirements of the applicable zoning district or is otherwise authorized as a
LDC 4: 100
 specific structure. A temporary structure may be the principal structure on a
parcel and a permanent structure is not required to be on the same parcel as the
temporary structure. Change of use or occupancy, including periods of disuse or
vacancy, does not modify the permitted time of placement for a temporary
structure, and relocation within the same parcel is not considered removal of the
structure or discontinuation of its use.
(b) Specific uses and structures. The following uses and structures are allowed
temporarily under the conditions prescribed for each:
(1) Construction sites. Real estate sales and construction management may be
carried out within separate or combined temporary construction site offices when
in compliance with the applicable provisions for each use.
a. Construction offices. A construction office is allowed by land use permit as
a temporary use and structure on a construction site, or on an adjoining
parcel, during authorized site construction. The temporary office shall be set
back a minimum of five feet from any property line of the host parcel, be a
State of Florida approved modular building, and be removed no later than 90
days from the date of issuance of a certificate of occupancy or other
applicable final county approval of the site construction.
b. Sales offices. A real estate sales office is allowed by land use permit as a
temporary use and structure on a construction site, or on an adjoining parcel,
and can be authorized prior to the start of construction if a pre-application
review of the proposed development has been completed by the county. The
setback and building type shall be that required for a construction office, but
removal of a temporary sales office shall be within 24 months of the issuance
of pre-application review comments if construction has not begun. Extension
of the time may only be authorized as prescribed in Article 6 of Chapter 2.
These provisions do not apply to real estate sales offices authorized within
model homes by other provisions of this section.
(2) Disaster recovery housing. A temporary structure or recreational vehicle is
allowed by land use permit to provide disaster recovery housing when a fire,
flood, windstorm, or other natural or man-made disaster requires the temporary
housing of a single-family residential use or a non-residential use to facilitate
repair or replacement of a damaged structure. The following provisions apply to
such housing:
a. Permit conditions. As a condition of its land use permit, a temporary
structure providing disaster recovery housing shall be removed from the
property within ten days after a certificate of occupancy is issued for the new
or rehabilitated structure, or upon the expiration of the permit, whichever
occurs first. Failure to remove the temporary structure shall authorize the
county to remove it without further notice and at the expense of the permit
holder or property owner. After a recreational vehicle is no longer authorized
to be used for disaster recovery housing, the vehicle becomes subject to the
normal use provisions of the LDC.

LDC 4: 101
b. Date of disaster. If an official disaster declaration is issued, the date of the
declaration shall be the date of the disaster for the purpose of permitting.
c. Utilities required. Electrical power, potable water, and sanitary sewer
connections complying with the Florida Building Code shall be provided to the
temporary structure.
d. Flood considerations. Placement of the temporary structure shall comply
with all floodplain management regulations.
e. Single-family dwelling. During post-disaster rehabilitation or reconstruction
of a single-family dwelling made unfit for human habitation, the Building
Official may permit the use of a manufactured (mobile) home or recreational
vehicle as temporary living quarters on the lot of the damaged dwelling,
regardless of zoning district requirements. However, no more than one such
temporary structure or vehicle may be permitted per lot, and the resident of
the damaged dwelling must occupy it. Additionally, the applicant must apply
for such permit within six months of the date of the disaster and the maximum
length of the temporary use shall be 18 months after the date of the disaster. [
f. Alternate residential sites. When the lot of a damaged single family
dwelling is not suitable for placement of a manufactured (mobile) home or
recreational vehicle as temporary living quarters, the applicant for the
temporary quarters may designate an alternate site for either type of quarters.
However, a manufactured home must be a permitted use under the zoning of
the alternate site and shall comply with the setback requirements for an
accessory dwelling. When an alternate site is designated, both the person
whose home has been made uninhabitable and the owner of the alternate site
shall join in the application for the permit and be responsible for the timely
removal of the temporary housing.
g. Non-residential use. During post-disaster rehabilitation or reconstruction of
commercial or industrial use structures made unfit for business activities, the
Building Official may permit the use of a State of Florida approved modular
building as a temporary structure to carry out business activities on the lot of
the damaged building. However, such temporary structures may be permitted
only for use on the site of the damaged structure and only if there remains
adequate parking (including handicap) based on the temporary structure.
Additionally, the applicant must apply for such permit within six months of the
date of the disaster and the maximum length of the temporary use shall be
nine months after the date of the disaster.
h. Permit extension. When any temporary use structure or vehicle permitted
under these disaster recovery provisions is replaced due to damage from a
subsequent disaster, the duration of the original temporary use permit shall
not be extended unless the Building Official determines the subsequent
disaster caused sufficient damage to the permanent structure to require
additional repairs that will slow the rehabilitation or reconstruction process.

LDC 4: 102
(3) Medical hardship temporary living quarters. A manufactured (mobile) home
or park trailer is allowed as a temporary use within any mainland zoning district
that does not otherwise allow such living quarters if approved by the Board of
Adjustment (BOA) for use due to medical hardship as prescribed in Article 6 of
Chapter 2. The following standards apply to the temporary living quarters:
a. Maximum structure size. The temporary quarters shall not exceed 1280
square feet in gross floor area.
b. Minimum lot size. The lot where the temporary quarters will be located shall
be at least one-quarter acre if served by public sewer. If a septic tank is
used, the lot shall be at least one-half acre. Additionally, the lot shall be
sufficient in size to allow compliance with all zoning district lot coverage and
setback requirements.
c. Location. The temporary quarters shall be located on the same parcel
(same property identification number) as the primary residence.
d. Limited occupancy. Only the caregiver and their immediate family, or the
person in need of medical care and their immediate family, shall occupy the
temporary quarters.
e. Indemnification. Prior to placement of the temporary quarters on the
approved parcel, the landowner shall execute an agreement with the county
(in a form acceptable to the County Attorney) providing for indemnification
from all claims arising in connection with the temporary quarters and
acknowledging the county's right to remove the temporary use at the owner's
expense if the owner, or his heirs and assigns, fails to remove it within 60
days after the expiration of the temporary use approval granted by the BOA.
f. Building code compliance. The installation of the temporary quarters shall
comply fully with the Florida Building Code and is subject to all associated
compliance inspections.
g. Temporary status maintained. The wheels and axles of the temporary
quarters shall not be removed, and no additions shall be constructed except
that handicap access ramps may be provided.
(4) Mobile vending units. A mobile vending unit is allowed as a temporary use in
the Com, HC/LI, Ind, Com-PK, CC-PK, CG-PK, and PR-PK zoning districts, The
following additional restrictions apply to any use of mobile vending units:
a. License. The operator of the mobile vending unit must obtain any applicable
occupational license from the Escambia County Tax Collector and affix a
copy of the occupational license to the mobile vending unit in a conspicuous
location. The operator is additionally responsible for obtaining all other
applicable authorizations required to store, prepare, serve, distribute, or sell
by mobile vending.
b. Nuisance conditions. The mobile vending unit shall be designed, placed,
maintained, and operated so as to prevent the creation of nuisance
conditions, including surface discharges of waste water, oil, or grease. Solid

LDC 4: 103
 waste receptacles of adequate capacity and convenience shall be provided to
prevent the scattering of beverage containers, paper products, and other
vending related debris.
c. Placement. The mobile vending unit shall not be placed within a parking lot
drive aisle or required landscape area of a developed site used by another
active use; within any active driveway or sidewalk, or within any public right-
of-way; in any location obstructing the line of sight for traffic; or in any location
otherwise presenting a safety hazard.
(5) Model homes. Within any residential subdivision for which a preliminary plat has
been approved by the county, the construction of no more than two principal
dwellings for temporary use as model homes or real estate offices for the
promotion and sale of lots or houses within the subdivision may be authorized
prior to final plat approval. For the annual “Parade of Homes” event or other
special circumstances the Board of County Commissioners (BCC) may authorize
at a public hearing the issuance of additional model home permits if additional
assurances of infrastructure completion are provided. However, issuance of a
model home permit does not authorize issuance of a certificate of occupancy,
and no permanent certificate of occupancy may be issued for any dwellings until
the final plat is approved by the BCC and recorded as prescribed in Article 5 of
Chapter 2. Additionally, the dwellings cannot be permanently occupied as
residences until certificates of occupancy are issued. Any office use of a model
home shall cease when sales within the subdivision have been completed.
(6) Portable storage containers. On a lot where a portable storage container is not
allowed as outdoor storage by the applicable zoning, the container may be
allowed as a temporary use according to the following provisions:
a. The on-site use of a container for 30 days or less only requires notification to
the Planning Official of the placement by the provider of the container, and
tracking by the official for enforcement purposes.
b. The on-site use of a container for more than 30 days requires issuance of a
90-day permit by the Planning Official after a reasonable demonstration by
the applicant of temporary circumstances that make the additional on-site
storage time necessary. Such circumstances may include damage to or
destruction of the principle structure, remodeling, renovation, construction, or
relocation. A weatherproof copy of the permit indicating the date of issuance,
date of expiration, and address of the approved placement shall be attached
to the container.
c. Prior to expiration of the original permit and upon additional demonstration by
the applicant of unforeseen circumstances, the Planning Official may grant
not more than one 90-day extension to the permit for good cause shown. If
granted, a weatherproof copy of the extension shall be attached with the initial
permit.
d. Applicants are generally limited to one portable storage container per
principal use. For residential uses the limit is one container per dwelling unit.

LDC 4: 104
 The use of more than one storage container per principal use may be
approved by the Planning Official upon a demonstration of need, such as the
scope of work or extent of construction.
e. The exterior dimensions of a container shall not exceed nine feet in height, 20
feet in length, and eight feet in width.
f. The container shall not obstruct the line of sight for traffic or otherwise present
a safety hazard. The placement of containers in fire lanes or public rights-of-
way is prohibited.
g. Front yard placement of a container may only be permitted where no
alternative location on the parcel exists, or if placement at an alternative
location would create an unreasonable hardship on the owner or occupant.
h. The provider of a container shall be responsible to ensure that it is in good
condition, free from evidence of deterioration, weathering, discoloration,
graffiti, rust, rips, tears or other holes or breaks.
(7) Special events. For the purposes of this section, a special event is an
infrequent short-term outdoor use or activity not specifically identified as allowed
by the applicable zoning district, but not otherwise prohibited by law or ordinance.
Special event uses and activities include art shows, garage and yard sales,
estate sales, sidewalk sales, festivals, school carnivals, church bazaars, classic
car shows, tournaments, concerts, fairs and circuses, haunted houses, pumpkin
and Christmas tree sales, grand openings, and similar temporary events likely to
attract crowds.
a. Limitations. A special event is allowed as a temporary use without a land use
permit for up to 30 days, but on any parcel used as or zoned residential a
special event is limited to no more than 14 days in a calendar year. No special
event or associated temporary structure on any parcel shall endanger public
health, safety, or welfare, particularly in consideration of nuisance or other
adverse impacts from the scale, extent, intensity, time, or duration of the
event.
b. Associated structures. Temporary structures may be placed on special
event parcels for the duration of the associated event according to the
provisions of this article and the conditions of any applicable permits. Nothing
in this section shall be construed to prohibit temporary structures associated
with civic, community, or religious events, including authorized events on
public lands, social and religious activities on parcels occupied by places of
worship, and events on private lands developed to include special events (e.g.
Pensacola Interstate Fairgrounds).
(8) Temporary shelters. The use or placement of one or more temporary
structures, shelters, or any other accommodations on a parcel for the residence,
dwelling, or habitation of any person(s) on that parcel is allowed as a temporary
use on the parcel for no more than 14 days in any calendar year outside of a duly
licensed campground or recreational vehicle park, except as may be authorized
through the disaster recovery housing or medical hardship provisions of this

LDC 4: 105
 section. See also the additional provisions of this article regarding the use of
manufactured (mobile) homes and recreational vehicles.
(Ord. No. 2015-54, § 2, 12-10-2015)

Sec. 4-7.14 Zero lot line subdivisions.

(a) General. Regardless of the applicable zoning district, zero lot line subdivision shall
comply with the following standards:
(1) Minimum project area. No minimum project area is required.
(2) Minimum lot area. Minimum lot area for each lot is 2000 square feet.
(3) Structure setbacks. Minimum setbacks for all dwelling units are 20 feet in front
and 15 feet in rear. Each dwelling unit shall be placed on one interior side
property line with no setback (the zero lot line), and with the side yard setback on
the opposite side a minimum of ten feet. In no case shall a zero lot line dwelling
be built closer than 15 feet of the lot line of a contiguous parcel that is zoned LDR
or MDR, and is not within the zero lot line lot development.
(4) Minimum lot width. The minimum lot width for all lots within a zero lot line
development shall be 35 feet.
(5) Maximum lot building coverage. The total lot coverage permitted for all
buildings on each lot shall not exceed 80 percent.
(6) Building height. The maximum building height shall not exceed 2 1/2 stories or
35 feet above the habitable first floor.
(7) Platting requirements. Each dwelling shall be located on its own individual
platted lot. The plat shall indicate the zero lot lines and appurtenant easements.
(8) Openings on zero lot line side. The wall of the dwelling located on the lot line
shall have no windows, doors, air conditioning units or any other type of
openings.
(9) Corner lots. Minimum side yards for corner lots shall not be less than ten feet
from the lot line or the street right-of-way line, whichever is greater.
(10) Atriums or courts. Atriums or courts shall be permitted on the zero lot line side
when the court or atrium is enclosed and a solid wall at least eight feet high and
constructed of the same material as exterior walls of the unit is provided on the
zero lot line.
(11) Maintenance and drainage easements. A perpetual four-foot wide wall
maintenance and drainage easement shall be provided on the lot adjacent to the
zero lot line property line, which, with the exceptions of walls and fences, shall
be kept clear of structures. The 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 affected lot owners. Roof overhangs may penetrate the easement
on the adjacent lot a maximum of 24 inches, but the roof shall be so designed

LDC 4: 106
 that water runoff from the dwelling placed on the lot line is limited to the
easement area.
(12) Parking. A minimum of one off-street parking space shall be provided on each
platted lot.
Sec. 4-7.15 Cinerators
(a) General. Conditional Use and Performance Standards for Location of Direct
Disposal Establishments and Funeral Establishments with Cinerators.

(b) Purpose. The purpose of this section is to restrict the location of the land uses of
“funeral establishment with cinerators” or “direct disposal establishment.”

(1) Prohibition. Notwithstanding any provision found in Article 3 of this Code, the
issuance of permits is prohibited for the installation of a cinerators, as defined in
Article 6, in either a funeral establishment or a direct disposal establishment
within 500 feet of an existing residence, an apartment, a restaurant or other
commercial eating establishment, a motel, a hotel, a private or public school
(including day care centers)” a nursing home, an assisted living facility, or any
other place designed and intended for the temporary or permanent overnight
accommodation of human beings. In addition to the above stated prohibition
that applies to the existing described land uses, the prohibition extends to
issuance of permits for the installation of a cinerators in either a funeral
establishment or a direct disposal establishment within 500 feet of vacant
property that is zoned LDR, MDR,HDR.
(2) Measurement. The distance from a proposed facility that would include a
cinerator shall be measured by drawing a straight line between the closest
property lines of the proposed cinerator location and the property containing the
existing land uses or existing zoning described in (1) above.
(3) Establishment of new land uses or zoning changes. Neither the
establishment of new land uses nor the modification of existing zoning of
property within the prohibited distances described in (1) above shall convert a
previously approved permit authorizing the installation of a cinerator into a
nonconforming use. For the purpose of this section only, the issuance of either
a development order or a building permit establishes a new land use, until such
date as the development order or building permit expires.
(4) Existing cinerators shall be grandfathered.
(Ord. No. 2016-10, § 2(Exh. A), 1-21-16)

Sec. 4-7.16 Recreational amenities

In cases where a subdivision or other residential development where a recreational
amenity including but not limited to a golf course, swimming pool, club house our tennis
courts, was anticipated as part of the subdivision or development regardless of whether
the amenity was included in the subdivision plat, and that amenity abuts or is otherwise
located adjacent to any portion of the subdivision, then should that amenity cease to be

LDC 4: 107
used for recreational purposes, it cannot be developed or used in a manner that is more
intense than the most intense residential use in the subdivision.
(Ord. 2015-11, § 2, 4-09-15;)

LDC 4: 108
 Chapter 5
GENERAL DEVELOPMENT STANDARDS
Article 1 General Provisions
Sec. 5-1.1 Purpose of chapter.
Sec. 5-1.2 Purpose of article.
Sec. 5-1.3 General conditions.

Article 2 Adequate Public Facilities (Concurrency)

Sec. 5-2.1 Purpose of article.
Sec. 5-2.2 Evaluation of facility adequacy.
Sec. 5-2.3 Roadways.
Sec. 5-2.4 Mass transit.
Sec. 5-2.5 Wastewater.
Sec. 5-2.6 Solid waste.
Sec. 5-2.7 Stormwater management.
Sec. 5-2.8 Potable water.

Article 3 Division of Land

Sec. 5-3.1 Purpose of article.
Sec. 5-3.2 General provisions.
Sec. 5-3.3 Subdivision design and maintenance.

Article 4 Stormwater Management

Sec. 5-4.1 Purpose of article.
Sec. 5-4.2 Stormwater impact review.
Sec. 5-4.3 Control of erosion and sediment.
Sec. 5-4.4 Stormwater management plans.
Sec. 5-4.5 Stormwater management systems.
Sec. 5-4.6 Additional requirements for subdivisions.
Sec. 5-4.7 Additional requirements for lakes, ponds and canals.

Article 5 Streets and Access

Sec. 5-5.1 Purpose of article.
Sec. 5-5.2 General provisions.
Sec. 5-5.3 Street design.
Sec. 5-5.4 Site access.
Sec. 5-5.5 Traffic control.
Sec. 5-5.6 Sidewalks and bikeways.

LDC 5:1
Article 6 Parking and Loading
Sec 5-6.1 Purpose of article.
Sec. 5-6.2 General provisions.
Sec. 5-6.3 Parking demand.
Sec. 5-6.4 Stall and aisle design.
Sec. 5-6.5 Off-site and joint use parking.
Sec. 5-6.6 Loading and unloading.

Article 7 Landscaping
Sec. 5-7.1 Purpose of article.
Sec. 5-7.2 General provisions.
Sec. 5-7.3 Landscape areas and quantities.
Sec. 5-7.4 Tree protection and preservation.
Sec. 5-7.5 Tree inventory and assessment.
Sec. 5-7.6 Tree removal and replacement.
Sec. 5-7.7 Plant selection installation and maintenance.

Article 8 Signs
Sec. 5-8.1 General principles.
Sec. 5-8.2 Purpose.
Sec. 5-8.3 Sign permits.
Sec. 5-8.4 Exempt and prohibited signs.
Sec. 5-8.5 Temporary signs.
Sec. 5-8.6 Off-premises signs.
Sec. 5-8.7 On-premises signs.
Sec. 5-8.8 Design and performance standards.
Sec. 5-8.9 Nonconforming signs.
Sec. 5-8.10 Message substitution.
Sec. 5-8.11 SRIA - Regulation of signs and outdoor displays.

Article 9 Miscellaneous standards

Sec. 5-9.1 Purpose of article.
Sec. 5-9.2 Adverse off-site impacts.
Sec. 5-9.3 Exterior lighting.
Sec. 5-9.4 Fences.
Sec. 5-9.5 Corridor Preservation.

LDC 5:2
Article 1 General Provisions
Sec. 5-1.1 Purpose of chapter.
(a) General This chapter establishes general county development standards
necessary to implement Comprehensive Plan policies. Most chapter standards apply
without regard to zoning district or location, but all require coordination with the site and
building requirements of the applicable zoning district and additional location-based and
use-based regulations as referenced in the Land Development Code (LDC).
Compliance with the provisions of this chapter is evaluated by the administrative
authorities described in Chapter 1 and is according to the compliance review processes
prescribed in Chapter 2. More specifically, this chapter is intended to:
(1) Protect existing users of the essential public infrastructure and services by
ensuring that adequate facilities are available when needed to support new land
uses and development activities.
(2) Promote sound communities and healthful living environments through
appropriate regulation of the division of land.
(3) Avoid congestion on public streets and reduce conflicts among motor vehicles,
bicycles, and pedestrians through appropriate management of streets, site
access, on-site circulation, and parking.
(4) Appropriately manage stormwater runoff to minimize damage from erosion and
flooding and prevent adverse impacts to adjoining property and receiving waters.
(5) Recognize that a healthy, diverse, and well-managed urban forest is an important
public asset, enhancing community character and providing substantial proven
economic, environmental, and aesthetic benefits.
(6) Preserve the county as a desirable community in which to live, vacation, and
conduct business through the regulation of signs, lighting, and adverse offsite
impacts.
(7) Require the correction of the nonconformity to the extent that sufficient land is
available within parcels to make the corrections.

Sec. 5-1.2 Purpose of article.

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

Sec. 5-1.3 General conditions.

(a) Applicability. The standards of this chapter apply to all land uses and development
activities as established within each article and are independent of the review
processes used to determine compliance with them.
(1) New uses and structures. Any new use that is established, including a
change of use, or any building or other structure that is constructed, or a tract

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 of land developed, for any principal or accessory use allowed by the LDC, is
subject to the standards of this chapter.
(2) Existing uses and structures. Any existing use of land that is extended,
enlarged, or moved or any existing building or other structure that is
extended, enlarged, moved, structurally altered, or reconstructed, is subject to
the standards of this chapter with respect to such changes and any existing
nonconformity.
(b) Nonconformance with standards. Lawfully established and maintained uses,
structures, lots, and site conditions that no longer comply with one or more of the
standards established in this chapter may continue in productive use, subject to the
nonconforming provisions of the standards and Chapter 3.
(c) Relief from standards. Modification of the land use standards of this chapter is
contrary to good development practices. The county recognizes that land is not
uniform, and the same standard may not affect all sites equally. Accordingly, the
chapter allows variances for a limited site-specific relief from some of the standards
of this chapter through the planning official or the Board of Adjustment (BOA), or the
Santa Rosa Island Authority (SRIA) for Pensacola Beach properties. The standard
must be specifically identified as eligible, and the variance within the limits
prescribed.
For technical standards ( such as those found in the Design Standards Manual (DSM))
not otherwise eligible for variances, chapter provisions will give the County Engineer
discretion within accepted standards of engineering practice to allow modifications that
maintain the stated purposes of the standards. No provisions of the chapter preclude
the establishment of limits or conditions of approval for variances or other eligible
modifications.

Article 2 Adequate Public Facilities (Concurrency)

Sec. 5-2.1 Purpose of article.

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

Sec. 5-2.2 Evaluation of facility adequacy.

(a) Approval required. All land uses and development activities that place demands
on public facilities require prior county review and approval for compliance with the
standards of this article unless the use or activity is specifically identified in the LDC
as exempt from these standards. All affected public facilities shall have sufficient

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 capacity at their adopted levels of service (LOS) within their respective service
areas. No concurrency determination of adequate public facilities shall be issued
without this demonstration of capacity. Public facility capacity shall be provided in
coordination with the infrastructure standards of this chapter and the related
provisions of county ordinances.
(b) Exemptions. Land uses and development activities exempt from concurrency
review include the following:
Non-development. Activities that do not constitute "development" as defined in
Chapter 6 or are not regulated by the LDC.
(1) Interior renovations. Interior renovations to a building or structure when
made to accommodate the same general use.
(2) Single-family homes. Except for the demand on hurricane evacuation
routes, the construction of a single-family home on a lot of records, including
the placement of a manufactured (mobile) home.
(3) Facility-specific exemptions. Other exemptions identified within this article
specific to individual facilities.
(c) Modification of standards. Variances to the strict application of the concurrency
management standards of this article are not available from the Planning Official,
BOA, or SRIA. Where the provisions of this article specifically allow for some
facilities, the County Engineer has discretion within the accepted standards of the
engineering practice to apply standards in a manner that maintains the stated
purposes of the article.
(d) LOS and service areas. The level of service standard defines the capacity in a
public facility per unit of demand on that facility. It is an indicator of the extent or
degree of service provided by the facility based upon the facility’s operational
characteristics. A service area represents the geographical limits of demand on a
facility. In the quantitative evaluation of public facility adequacy to serve the
proposed land use or development activity, the demand for a facility shall be
compared to its capacity within the prescribed service area.
(e) Service demands. Service demands imposed on public facilities from proposed
uses or activities, in addition to demands from existing development and the
completion of previously approved development, shall be documented for the
facilities as prescribed below:
(1) De minimis. When the demand on the facility is sufficiently minor as to be
negligible, for most facilities, it may be considered a de minimis demand, which is
concurrent with facility capacity. If a proposed land use or development activity
is demonstrated under the provisions of this article to be de minimis for
stormwater management facilities, it is considered to be de minimis for all
facilities and, therefore, concurrent for all facilities.
(2) Substantial. Review of development proposing substantial demands on
facilities, such as developments of regional impact, shall be coordinated with the

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 Florida Department of Transportation (FDOT), the West Florida Regional
Planning Council (WFRPC), and other agencies as appropriate.
(3) Available capacity. Public facility capacity shall be determined according to the
methods prescribed in this article. Capacity may only be credited for facilities that
are in place at the time of development approval or that, as a binding condition of
the approval, will be in place when the demands of the development occur. If a
redevelopment is proposed, facility capacity may be credited for a demonstrated
reduction in demand created by the redevelopment. Even where credits are
allowed, they shall only be based upon use or conditions of the redevelopment
site within the 12 months preceding the capacity evaluation for the
redevelopment.
(f) Capacity allocation period. Public facility capacities shall be allocated upon final
development plan approval according to the compliance review process of Chapter 2
and subject to the following sunset provisions:
(1) Preliminary plats. Capacities for a preliminary plat and construction plan shall
remain allocated for a period of two years from the date of approval unless the
approval is lawfully voided or extended.
(2) Site plans. Capacities for a site development plan shall remain allocated for a
period of one year from the date of minor site plan approval and two years from
the date of major site plan approval unless the approval is lawfully voided or
extended.
(3) Development agreements. Capacities for longer-term projects or developments
of regional impact (DRI) will remain allocated for the periods established in their
enforceable development agreements.
(4) Discontinuation. If construction activity on an approved development ceases or
does not continue in good faith, or if phased development falls behind any pre-
established schedules for a period of one year, the county shall withdraw those
allocated capacities and make them available to other developments. It shall be
the responsibility of the applicant to reapply for necessary capacity allocations if
continuation of development is desired.
(g) Deficient capacity options. When it cannot be demonstrated that all public
facilities affected by the proposed use or activity have sufficient capacity at their
adopted levels of service, a decrease in demand and/or an increase in capacity is
necessary to maintain LOS standards. Demand reductions include the scope or
scale of the proposed use or activity or phasing its construction to coincide with the
phased construction of the required facilities. Capacity increases include
construction of the necessary facilities such that their completion is a condition of
development approval.Other facility-specific demand and capacity options available
to applicants are addressed by the facility in this article.
(h) Technical guidance. To provide appropriate technical guidance to applicants in
their demonstration of adequate public facility capacity, the county shall maintain
and make available a concurrency management system (CMS) procedural manual.

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 The CMS manual shall contain any procedures and supplemental information
necessary to implement the provisions of this article.

Sec. 5-2.3 Roadways.

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

Sec. 5-2.4 Mass transit.

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

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

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

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

Sec. 5-2.5 Wastewater.

(a) General. The provisions of this section address concurrency for development that
places a demand of additional wastewater generation on sanitary sewage collection,
treatment, and disposal facilities. Where a use or activity requires sewer service, but
the means is unknown, the applicant shall contact the central sewer provider to
determine and document the availability of the service. An existing or proposed
septic tank or another on-site sewage treatment and disposal system requires
evaluation by the Escambia County Health Department.
(b) Level of service. The LOS standard established in the Comprehensive Plan for the
evaluation of wastewater system capacities is an average of 210 gallons per
residential connection per day and a peak of 350 gallons per residential connection
per day. For nonresidential uses, the LOS requirements shall be based upon an
Equivalent Residential Connection (ERC), as may be recalculated by the service
provider from time to time, and on the size of the nonresidential water meter. .

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(c) Area of service. The concurrency service area for wastewater shall be the service
area of the franchised provider, Emerald Coast Utilities Authority (ECUA), or any
other sanitary sewer provider that may be franchised by Escambia County. All new
structures intended for human occupancy located south of Well Line Road shall
connect to the ECUA sanitary sewer system unless ECUA has determined that it is
not feasible to provide sanitary sewer service to the proposed structures. This does
not apply to the ECUA retrofit mandatory connection program...
(d) Capacity and demand. Quantitative methods shall be used to evaluate and
determine if wastewater facilities have the available capacity at their adopted levels
of service to accommodate the demands generated by proposed uses or activities. If
total wastewater generation is not greater than the service capacity, then the
development is concurrent for wastewater impacts, and no further analysis is
necessary. The applicant shall obtain certification of service availability and facility
capacity from the provider of wastewater services to the subject parcel in a form
acceptable to the County (see CMS manual). If the project is not within the service
area of a central sewer system or will not otherwise be served by such a system, the
applicant shall submit to the County a valid permit for a septic tank, package plant,
or another sewage treatment and disposal system. The permit shall be authorized
by the Health Department or Florida Department of Environmental Protection
(FDEP).
Sec. 5-2.6 Solid waste.
(a) General. The provisions of this section address concurrency for development that
places a demand of additional waste generation on solid waste disposal facilities.
(b) Level of service. The LOS standard established in the Comprehensive Plan for the
evaluation of solid waste disposal capacities is six pounds per capita per day.
(c) Area of service. The concurrency service area for solid waste disposal shall be
county wide.
(d) Capacity and demand. Quantitative methods shall be used to evaluate and
determine if solid waste facilities have the available capacity at their adopted levels
of service to accommodate the demands generated by proposed uses or activities. If
total waste generation is not greater than the service capacity, the development is
concurrent for solid waste impacts, and no further analysis is necessary. The
applicant shall rely on the Comprehensive Plan Annual Implementation Report or the
annual report establishing the projected available capacity as prepared by the
county official responsible for solid waste management.

Sec. 5-2.7 Stormwater management.

(a) General. The provisions of this section address concurrency for development that
places a demand of additional stormwater runoff on stormwater management
facilities.
(b) Level of service. The LOS standards established in the Comprehensive Plan for
the evaluation of stormwater management facility capacities are the following:
(1) Run-off rates. See DSM Chapter 1, Stormwater Quantity section

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 (2) Compliance. See DSM Chapter 1, Stormwater Management Systems section for
details.
(3) Area-wide systems. The contribution of the new development (or
redevelopment) to any existing, functioning, area-wide drainage system shall not
degrade the ability of the area-wide system to adequately retain/detain/store and
control stormwater run-off.
(4) Channels under roads. See DSM Chapter 1, Stormwater Management Systems
section for details.
(c) Area of service. The concurrency service area for stormwater management shall be
a parcel or site where the proposed land use or development activity is located,
unless it is connected to a larger, area-wide drainage system. When connected to
an area-wide system, the service area shall be that of the larger system. For the
purposes of this provision, "site" includes any area within an approved or proposed
subdivision or any area within two or more parcels subject to a joint-use agreement
or shared-facilities agreements.
(d) Capacity and demand.
Methodology. Quantitative methods shall be used to evaluate and determine that
stormwater management facilities have the available capacity at their adopted levels
of service to accommodate the demands generated by proposed uses or activities.
If a Florida registered professional engineer develops the stormwater management
plan and detailed construction plans and certifies that the design and methods of
construction are in accordance with accepted standards of practice and comply with
the stormwater LOS standards, and, if the plan is reviewed and inspected by the
County, then the development is concurrent for stormwater impacts, and no further
analysis is necessary.
(e) De minimis determinations. See DSM Chapter 1, Stormwater Management
Systems section.
(f) Additional standards. The provision of storm water management facilities shall be
consistent with the stormwater management standards of Article 4 of this chapter.

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Sec. 5-2.8 Potable water.

(a) General. The provisions of this section address concurrency for development that
places a demand of additional consumption on potable water procurement,
treatment, and distribution facilities.
(b) Level of service. The LOS standard established in the Comprehensive Plan for the
evaluation of potable water system capacities is 250 gallons per residential
connection per day. For non-residential uses, the LOS requirement is based upon
an Equivalent Residential Connection (ERC) to be calculated by the service provider
at the time of service application. Although not addressed by the LOS standard, fire
safety codes and other considerations may require flow rates, pressure, and other
attributes of potable water service to be addressed by proposed development.
(c) Area of Service. The service area for potable water shall be the service area of the
franchised provider - Cottage Hill Water Works, Peoples Water Service Co., Farm
Hill Utilities, Central Water Works, Molino Utilities, Gonzales Utilities Assoc.,
Escambia River Electric Coop., BratDavis Ville Water Works, Emerald Coast Utilities
Authority (ECUA), or any other potable water provider that may be franchised by
Escambia County.
(d) Capacity and demand. Quantitative methods shall be used to evaluate and
determine if potable water facilities have available capacity at their adopted levels of
service to accommodate the demands generated by proposed uses or activities. If
total water consumption is not greater than the service capacity, the development is
concurrent for potable water impacts, and no further analysis is necessary. The
applicant shall obtain certification of service availability and facility capacity from the
provider of potable water services to the subject parcel in a form acceptable to the
County (see CMS manual). If the project is not within the service area of a central
water system or will not otherwise be served by such a system, the applicant shall
submit to the County a valid well permit (extraction or consumptive use) issued by
the Northwest Florida Water Management District or another state regulatory
agency.

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 Article 3 Division of Land
Sec. 5-3.1 Purpose of article.
This article establishes land development standards for the division of land that
implement Comprehensive Plan policies requiring the uniform subdivision regulations
that support and facilitate the desired development patterns. It is the intent of these
standards to promote sound communities and healthful living environments as well as to
require new development to bear its fair share of the costs of providing adequate public
facilities and services.
Sec. 5-3.2 General provisions.
(a) Approval required. The division of land requires County review and approval for
compliance with the standards of this article unless the division is specifically
identified in the LDC as exempt from these standards.
(b) Modification of standards. Variances to the strict application of the standards of
this article are not available from the Planning Official, BOA or SRIA. Where the
provisions of this article specifically allow, the County Engineer has discretion within
accepted standards of engineering practice to allow for modifications that maintain
the stated purposes of the article.
(c) Creation of new lots. No lot shall be created which requires a variance or another
exception to the requirements of the LDC to provide sufficient buildable area or other
conditions necessary to use the lot for its intended purposes. Additionally, unless
established through the family conveyance exception of this section or the division of
a lot of record into two single-family lots by an existing public right-of-way as
authorized in Article 1 of Chapter 3, the creation of any new lot shall comply with the
following:
(1) Zoning compliant. Each lot provides the minimum lot area and dimensions
required by the applicable zoning district.
(2) Right-of-way frontage. Each lot fronts on a public or private right-of-way,
whether improved or unimproved, which conforms to the definition of “street” in
Chapter 6. Although such right-of-way typically affords the principal means of lot
access, frontage along a right-of-way does not authorize or require access to that
street.
(3) Subdivision review. The creation of lots by the division of a parcel into three or
more contiguous lots shall comply with the subdivision standards of this article
and shall be reviewed for compliance as prescribed in Chapter 2.
(d) Family conveyance exception. No division of land or building permit shall be
denied where the property in question is to be used solely as a homestead by an
owner-applicant who is the grandparent, parent, step-parent, adopted parent, sibling,
child, step-child, adopted child, niece, nephew, aunt, uncle or grandchild of the
person who conveyed the parcel to such applicant, notwithstanding the density or
intensity of use assigned to the parcel by a particular zoning district. An affidavit of
qualifying family relationship shall be filed with the application for this exception and
shall be recorded in the Official Records of Escambia County, Florida with a copy to

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 the Escambia County Property Appraiser, at the expense of the applicant. This
exception shall apply only once to any owner-applicant.
(e) Completion of platting. Unless otherwise exempt under provisions of the LDC,
before any lot may be sold or before any building permit is issued to construct
improvements on any lot that makes reference to the final plat, the plat shall be
approved by the Board of County Commissioners (BCC) and recorded in the public
records of Escambia County.
(Ord. No. 2015-19, § 1, 6-25-15; Ord. No. 2017-27, § 2, 5-4-17; Ord No. 2017-68, §, 1, 12-14-2017)

Sec. 5-3.3 Subdivision design and maintenance.

(a) Professional design. A subdivision developer shall retain the services of a Florida-
registered professional engineer to prepare construction plans and specifications in
compliance with the subdivision design standards in this article and as it relates in
the DSM, other applicable provisions of the LDC, and the General Paving and
Drainage Technical Specifications of the county. All construction plans shall include
applicable details taken from the county's standard detail sheets available from the
County Engineer.
(b) Improvements and facilities. A subdivision developer shall ensure the installation
of the improvements and the facilities remain at or are constructed to the prescribed
standards and at no expense to the county; paved roads, stormwater management,
and other necessary improvements and facilities
(c) Public access. A subdivision developer shall provide adequate public paved
access to the tract to be subdivided, including all necessary paved roads, ditches
and rights-of-way, and drainage structures. The access shall lead to an established
and publicly maintained street. The developer shall prepare the necessary deeds,
agreements, and easements for the access and shall attempt to acquire such rights
of easements. At the option of the applicant, the county may assist in the acquisition
of such easements when the acquisition is in the public interest, governmental action
is necessary to acquire the property, and the developer advances all costs and
expenses incurred by the county in taking such an action.
(d) Innovations. Innovations in the design and construction of subdivision
improvements are encouraged. Such innovations shall be approved by the county if
determined by the County Engineer to achieve the relevant and appropriate criteria
or standards for subdivision improvements and if the developer warrants the
improvements as required by the LDC. The developer may also be required to post
additional negotiated financial surety based on the estimated costs of the total
project improvements.
(e) Lots and blocks. The lots of a subdivision shall comply with the requirements of
the applicable zoning district. Lots and blocks shall comply as per the Chapter 3 of
the LDC.

Supp 13
LDC 5:12
(f) Subdivision name. The proposed name of a subdivision shall not duplicate, or too
closely approximate phonetically, the name of any other subdivision in the county
except when the subdivision is an additional unit or section of another subdivision by
the same applicant or his successors in title.
(g) Monuments. The subdivision developer shall place Permanent Reference
Monuments (PRMs) and Permanent Control Points (PCPs) as required by Florida
Statutes (Ch. 177).
Medians and entrance signs. Medians within subdivision streets shall be privately
owned and maintained. Signs may be installed at subdivisions’ entrances in
compliance with the standards of Article 8 of this chapter if placed within medians or
other privately owned land platted within the subdivision. Where medians or other
entrance sign parcels are platted, the plat shall provide that each person ultimately
owning land in the subdivision shall own an undivided part interest in the median and
sign parcels, whether or not the interest is noted in the instrument conveying
ownership of the subdivision. This requirement shall be included in any restrictive
covenants of the subdivision.
The developer shall note on the plat that ownership of entrance signs and medians
and other entrance sign parcels is vested in a homeowner’s association having the
obligation to assess fees for the maintenance of the signs and land as well as for
payment of property taxes pertaining to the land. Each person owning land within
the subdivision shall be deemed to agree that the failure of the homeowner’s
association to maintain the signs or land or to pay taxes on the land shall cause the
signs and land to revert to the undivided ownership of the persons owning land
within the subdivision, whether or not a reversionary clause is noted in the
instrument conveying ownership of subdivision land.
(h) Areas with high water tables. Development of residential subdivisions in areas
with high water tables shall comply with the requirements provided in the DSM
Chapter 1 Roadway Design section.
(i) Infrastructure.

(1) Stormwater management. For any subdivision, the developer shall provide an
adequate stormwater management system, including for erosion control, in
compliance with the concurrency management stormwater management
standards of this chapter and DSM Chapter 1, Stormwater Article.
(2) Streets and access. For any subdivision, the developer shall provide an
adequate street network, including access, in compliance with the monitoring
management and street and access standards of this chapter and DSM Chapter
1, Transportation Article.
(3) Underground utilities. The developer is encouraged to place all subdivision
utilities underground. In the event that underground utilities are provided, a gross
density bonus of 10% (if allowed by the density limit of the applicable FLU) or a
reduction in the minimum lot width of 10% shall be granted by the Planning
Official upon the developer’s request.

LDC 5:13
 (4) Utility street crossings. See DSM Chapter 1, Street Layout section for details
regarding utility street crossings.
(5) Street lights. The developer is encouraged to install street lights. A street
lighting district may be established through the BCC for the installation,
operation, and/or maintenance of lights according to the street lighting municipal
services benefits units (MSBU) provisions of Chapter 70, Local Public
Improvements, Part I, Escambia County Code of Ordinances.
(6) Easements. Drainage easements and rights-of-way shall comply with the
stormwater management provisions of this chapter and DSM, Chapter 1,
Stormwater Management Systems - Conveyance Systems section and Chapter
2, Roadway Design - Minimum Right-of-way widths section.
(7) Water supply and sewerage.
a. The subdivision developer shall solicit, maintain and provide to the
County a valid, unexpired capacity reservation letter for water
production capacity and/or sewer treatment capacity from the provider
whose franchise area serves the subject property. The capacity
reservation letter ensures water production and sewer treatment
capacity, but does not necessarily ensure provider’s infrastructure is
adequate to serve project. Coordinate with utility provider on
infrastructure needs to serve project.
b. New and/or expanded water and sewer systems in single-family
residential detached dwelling subdivisions shall require approval and
acceptance by the local utility authority. If a low pressure sewer
system is proposed, all items relating to the system, excluding the
collector force main, shall be located on private property. Anything
located within a public or private right of way shall be owned and
maintained by the local utility authority (consistent with the provider’s
appurtenance ownership limitations).
c. No central private wastewater collection systems shall be proposed or
expanded. Townhome developments may qualify for a private
wastewater collection system, based on approval of the local utility
authority.
d. A Final acceptance letter from the appropriate utility provider shall be
submitted to the County prior to the final recommendation to the Board.
(8) Provisions shall be made for the installation of fire hydrants and comply with the
following:
a. No residence in any subdivision shall be more than 500 feet from a fire
hydrant on a six-inch water line. Locations of fire hydrants shall be noted on
the subdivision construction plans; or
b. Where a four-inch water line is located at the entrance to a new subdivision,
the developer shall be required to install a six-inch waterline within the new
subdivision with flush hydrants so that they can be replaced with fire hydrants
when service at the entrance becomes adequate.

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Supp. 14
 c. If public or community water systems service is not available or the existing
water line is less than four inches, the developer shall install a six-inch
waterline with stub-outs for fire hydrants unless the engineer of record finds
the larger main size to be detrimental to the water quality in the development.
(j) Public dedication. The county encourages developers of residential subdivisions
to request the dedication of subdivision streets and stormwater management
systems to the county, but those facilities may alternatively be dedicated to one or
more owners of property within the subdivision. If the dedication of subdivision
streets and stormwater management systems for public ownership and maintenance
is proposed, the following conditions apply:
(1) Compliance. The facilities shall be designed and constructed in compliance with
the standards of this chapter.
(2) All facilities. The streets will not be accepted without the stormwater
management system or the stormwater management system without the streets.
The facilities shall be dedicated in their entirety to the county.
(3) Permitting. The facilities will not be accepted without appropriate permitting of
those facilities from all applicable local, state, and federal agencies, or proof of
exemption.
(k) Private ownership.
(1) Maintenance and taxes. If the streets and stormwater management system of a
subdivision will remain in private ownership, the county shall not be responsible
for the maintenance of those facilities or be the owner of an easement upon
them. The subdivision developer shall create a homeowner’s association or an
alternative organization of owners of property within the subdivision and assign it
the responsibility for maintaining the streets and stormwater management system
and any other privately owned improvements as well as for paying the property
taxes due on those lands.
(2) County authority. Any agreements establishing the persons responsible for
maintaining the streets, stormwater management system, and other privately
owned subdivision improvements, and for paying property taxes on the lands of
those improvements, shall vest in Escambia County the authority to assess
reasonable fees upon those persons for the payment of maintenance costs and
property taxes for those lands in the event that the improvements and their lands
are not maintained or that the taxes on the lands are not paid. These provisions
shall also be in any restrictive covenants binding the property.
(3) Covenants and restrictions. Subdivision covenants and restrictions shall
include the documents of the homeowner's association or an alternative
organization of owners of property within the subdivision, identifying specific
operation and maintenance responsibilities of the organization for streets, the
stormwater management system, and all other privately owned improvements,
including entrance signs and private recreation areas.
(Ord. No. 2016-30, §1, 8-4-2016; Ord. No. 2018-05, §, 1, 2-1, 2018)

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Article 4 Stormwater Management
Sec 5-4.1 Purpose of article.
This article establishes land development standards for stormwater management that
implement level-of-service and other Comprehensive Plan policies requiring
development to properly manage any stormwater runoff it generates. It is the intent of
these standards to allow landowners reasonable use of their property while protecting
adjoining lands and resources from any detrimental impacts of stormwater produced by
land uses and development activities. More specifically, this article is intended to:
(a) Prevent untreated stormwater runoff from adversely impacting receiving water
bodies.
(b) Minimize the loss of valuable topsoil by erosion and prevent the sedimentation of
streets and surface water bodies.
(c) Facilitate groundwater recharge.
(d) Protect and maintain the natural habitats of fish and wildlife and prevent damage to
wetlands.
(e) Reduce capital expenditures for flood-proofing and storm drainage systems where
feasible by routing runoff through swales or other natural retention/detention
systems to increase stormwater infiltration, settle suspended solids, and remove
pollutants.
(f) Require the approval and implementation of stormwater management plans for
proposed development as necessary to achieve the purposes of this article.

Sec. 5-4.2 Stormwater impact review.

(a) Approval required. No land use or development activity may alter or disrupt
existing stormwater runoff patterns or conditions without prior county review and
approval for compliance with the standards of this article unless the use or activity is
specifically identified in the LDC as exempt from these standards. Uses or activities
that may alter or disrupt existing stormwater runoff sufficiently to require a
stormwater management plan include the following:
(1) Land disturbance. Grading, digging, cutting, scraping, or excavating of soil;
placement of fill materials; substantial removal of vegetation; the drainage of
land; and any other forms of land disturbance that would significantly change
stormwater runoff.
(2) Lot coverage. Construction of a structure or the non-de minimis alteration of the
size of one or more structures; placement of aggregate and paving; and other
constructed changes in the proportions of pervious, impervious, and semi-
impervious lot coverage.
(3) Alterations. Alteration of the shoreline or bank of any watercourse or surface
waterbody; or alteration of any ditches, dikes, terraces, berms, swales, piping,
inlets, ponds, or other natural or manmade elements affecting the control or
management of stormwater.

LDC 5:16
 (4) Subdivision. The subdivision of land, including the replatting of a recorded
subdivision.
(b) Exemptions.
(1) Stormwater management plan exempt. A stormwater management plan need
not be provided for the uses and activities listed in the DSM Chapter 1,
Stormwater Management Systems - Exemptions section. In areas with
documented drainage problems, the county may request a reduction in the
proposed impervious lot cover or other on-site stormwater impact-reduction
measures:
a. New single-family dwellings. Construction of a single-family dwelling on
either a lot of record, a lot created in compliance with the family conveyance
provisions of the LDC, or a lot verified as functionally conforming according to
the provisions of Chapter 2. The construction shall comply with a county-
approved lot grading plan, which provides the same lot information required
by this article for subdivision grading and erosion control plans. Additionally,
lots relying on conformance verification for stormwater plan exemption shall
comply with the individual lot limits prescribed in this part for subdivision along
existing streets.
b. Subdivision along existing streets. See DSM Chapter 1Stormwater
Management Systems - Exemptions section for details.
c. Maintenance. Maintenance of an existing stormwater structure, which will
not change the discharge rate, volume, or treatment method of the structure
or the stormwater runoff from the site on which the structure is located.
d. De minimis additions. See DSM Chapter 1, Stormwater Management
Systems - Exemptions section for details.
e. Emergencies. Emergencies requiring immediate action to prevent material
harm or danger to persons when obtaining a permit is impractical and would
cause undue hardship in protection of property from fire, violent storms,
hurricanes, and other hazards. The emergency action shall be reported to the
county as soon as practical, and any permanent changes from the action may
require the subsequent development and approval of a stormwater
management plan to document any impacts from the changes.
f. Other exemptions. Stormwater plan exemptions for other structures, uses,
or activities as may be determined by the County Engineer to be appropriate
and consistent with accepted standards of engineering practice and the
purposes of this article.
(2) Stormwater Exempt Activities. The following activities are exempt from all
stormwater management standards of this article:
a. Agriculture and silviculture. Bona fide agricultural or silvicultural operations
on land classified by the Escambia County Property Appraiser as
“agricultural,” according to Florida Statutes, for ad valorem tax purposes, it is
recommended that the Local offices of the Natural Resources Conservation

LDC 5:17
 Service and the Florida Forest Service be consulted regarding appropriate
stormwater management for agricultural and silvicultural operations.
b. Mosquito drainage structures. Maintenance work on existing mosquito and
arthropod drainage structures for public health and welfare purposes.
(c) Modification of standards. Variances to the strict application of the stormwater
management standards of this article are not available from the Planning Official,
BOA, or SRIA. Where the provisions of this article specifically allow, the County
Engineer has discretion within accepted standards of engineering practice to allow
modifications that maintain the stated purposes of the article.

Sec. 5-4.3 Control of erosion and sediment.

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

Sec. 5-4.4 Stormwater management plans.

(a) General. Where a stormwater management plan is required, it is the responsibility of
the applicant to include sufficient information in the plan for the county to evaluate
the physical characteristics of the affected areas as required in the DSM Chapter 1,
Stormwater Management Plans section.
(b) Preparation. The stormwater management plan shall be developed and/or
reviewed as indicated in the DSM Chapter 1. Chapter 1 of the DSM contains the
provisions for the content of the plan. The DSM also contains information regarding
the existing conditions, proposed changes, and supporting documentation.
(c) Supporting information is regarded as other information that the applicant or the
county believes is reasonably necessary for LDC compliance evaluation of the
proposed stormwater management plan. :
(d) Plan adherence. The applicant shall adhere to the stormwater management plan
as approved and permitted. Any changes or amendments to the plan must be
approved by the original approving authority. After completion of the subject
development, the engineer of record shall certify that the completed development
complies with the approved plan and its specifications.

Sec. 5-4.5 Stormwater management systems.

(a) General design and construction. The installation of all stormwater management
facilities made necessary by new development, according to the provisions of this
article, is the responsibility of the developer, including all necessary ditches, canals,
greenbelts, outfalls, bridges, retention or detention structures, flow attenuation

LDC 5:18
 devices, etc. The general design and construction of all stormwater management
systems shall be as indicated in the DSM Chapter 1, Stormwater Article and achieve
the following objectives:
(1) Comply with regulations.
(2) Protect adjacent property.
(3) Incorporate upland runoff.
(4) Reduce pollution.
(5) Prevent hazards.
(6) Encourage regional stormwater management system.
(b) Resource protection. All stormwater management systems shall be designed and
constructed to protect natural resources as per State requirements.
(c) System maintenance.
(1) General. All stormwater management facilities shall be designed for a minimum
50-year life (where standards are available) have low maintenance costs, and
have easy legal access for periodic maintenance.
(2) Maintenance entity. Stormwater management systems shall be maintained by
the owner, except where the county selects certain systems for county
maintenance. All areas and/or structures to be maintained by the county must be
dedicated to the county by plat or separate instrument and accepted by the BCC.
Systems to be maintained by the owner shall have adequate easements to
permit the county right-of-entry to inspect and, if necessary, take corrective
action if the owner fails to maintain the system. In addition, the owner shall
submit a copy of any outside agency inspections and/or reports for the County to
evaluate in accordance with the County’s MS4. If the owner fails to maintain his
system, the county shall give the owner written notice of the nature of corrective
action required. If the owner fails to take corrective action within 30 days from
the date of the notice, the county may take the necessary corrective action,
including placement of a lien on all property of the owner to recover the costs
thereof.
(d) Inspections. The owner shall initiate scheduling with the county for the following
inspections:

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

(2) Underground. An inspection prior to the burial of any underground drainage

structure to ensure appropriate materials and installation.

(3) Final. A final inspection after all work has been completed, including installation
of all stormwater management system facilities, to ensure compliance with the

LDC 5:19
 county’s approved plan. After inspecting the work, a county representative shall
approve it or notify the applicant in writing of any failure to comply with
requirements of the approved plan. Any portion of the work which does not
comply shall be corrected by the applicant before final county authorization for
use is issued. Failure to complete or correct the work as notified is subject to the
penalty provisions of the LDC. (Ord. No. 2016-30, §1, 8-4-2016)

Sec 5-4.6 Additional requirements for subdivisions.

(a) General. Stormwater management plans for subdivisions shall be developed in
compliance with the additional subdivision requirements of this section and the DSM
Chapter 1, Stormwater Article.
(b) Outfall. The developer shall prepare any necessary agreements or easements for
disposition of stormwater beyond the limits of the subdivision and shall attempt to
acquire necessary rights of easements. The county may assist in the acquisition of
such easements when it is in the public interest and where governmental action is
necessary for the proper disposition of water, and the developer advances all costs
and expenses incurred by the county.
(c) Detention/retention without positive outfall. See DSM Chapter 1,Stormwater
Quantity (attenuation) section.
(d) Subdrains, subsoil drains, and trench drains. Subdrains, subsoil drains, and
trench drains shall be required where soil and water conditions warrant.
(e) Public dedication. Consistent with the provisions of Article 3 of this chapter, a
subdivision’s stormwater management system cannot be dedicated for county
ownership and maintenance without the concurrent public dedication of the
subdivision streets. Additionally, a subdivision stormwater management system
constructed for public ownership and maintenance shall comply with the following:
(1) Completed permitting. All required permitting of the system from applicable
local, state, and federal agencies shall be complete and documented with the
county, or proof of exemption shall be provided.
(2) Detention/retention structures. The system detention and retention/detention
structures shall provide side slopes, stabilization, and access as per the DSM.
Screening. Ponds shall be screened from view from the right-of-way with
shrubs and/or other natural barriers within a minimum 10-foot-wide strip
between the right-of-way and the pond. The County Engineer may reduce
the width if it is not feasible to provide in a sound engineering design. The
screening may be eliminated if the pond is designed with specific amenity
characteristics to be viewed.
(3) Plat or deed. The stormwater system lands shall be dedicated to the county, or
the county shall be provided with a warranty deed to the parcels involved. The
plat or deed shall be approved for recording by the BCC prior to the acceptance
of the stormwater management system for county maintenance.

LDC 5:20
 (4) Municipal services benefit unit. An ordinance creating a municipal services
benefit unit (MSBU) to fund future county maintenance and operational expenses
for the stormwater pond and related improvements shall be enacted by the BCC
according to the stormwater pond MSBU provisions of Chapter 70, Local Public
Improvements, Part I, Escambia County Code of Ordinances.
(f) Hold harmless agreement. If the stormwater management system (and streets)
will remain in private ownership and the site has no positive drainage outfall, the
developer shall either execute, on his behalf and on behalf of any landowners within
the subdivision who are ultimately to have ownership of the stormwater
management system, a hold harmless agreement with each downstream, impacted
property owner(s). The agreement holds the landowners harmless from the effects
of any waters that may flow onto the downstream property(s), or construct a
drainage system in accordance with Article 1-1.2 as related to areas with no
positive drainage outfall and such other provisions as the county may require. For
public subdivisions that have drainage outfall to private property(s), the County
Engineer or designee shall require a hold harmless agreement with each
downstream impacted property owner(s), that will hold the county, its officers, and
employees, harmless from any damages to persons or property that may result
from the authorized stormwater management system.

Sec. 5-4.7 Additional requirements for lakes, ponds and canals.

(a) Artificial lakes and ponds. Artificial (manmade) lakes and ponds constructed for
recreational, aesthetic or other purposes not primarily for stormwater management
shall nevertheless comply with all applicable standards for wet detention structures.
They shall be permitted though the County if the total volume of the artificial pond is
greater than 500 cubic yards. Additionally, the following standards apply:
(1) Side slopes. The bank slopes of artificial lakes and ponds shall be constructed
according to the following standards:
a. Low slopes. For bank slopes of 6:1 (horizontal to vertical) or flatter,
permanent slope protection or seawalls are not required. All disturbed areas
must be stabilized with sod.
b. Moderate slopes. For bank slopes steeper than 6:1 but flatter than 2:1, the
entire bank slope from the design water surface to a point that is three feet
beyond the berm line shall be sodded in a manner to guarantee a healthy
growth of pangola, bahia, bermuda, centipede, or other suitable grasses.
Slopes steeper than 2:1 shall not be permitted.
(2) Dammed watercourse. The damming of a watercourse shall not be permitted if
the Planning Official, in consultation with the County Engineer, determines that
the volume of water in the impoundment area would be such that a breach of the
control structure would pose a serious threat to life or property downstream. Any
proposal to dam a watercourse shall include the following documentation for
county review, certified by a Florida-registered professional engineer in
accordance with standard engineering practice:

Supp. 14 LDC 5:21

 a. Site plan. A site plan showing the area, depth, and volume of maximum
impoundment.
b. Construction drawings. Construction drawings of the control structure
indicating the maximum load specifications.
c. Operational plan. A plan for regulating the control structure such that the
maximum area of impoundment and other design specifications are not
exceeded. The plan shall also provide for restoring and maintaining the
stream’s flow at preconstruction rates.
d. Capacity maintenance. A hydrologic and hydraulic analysis assuring
maintenance of flood-carrying capacity within the altered watercourse and
compliance with all other applicable floodplain management provisions in
Chapter 4.
(3) Excavated soil. Soil may be excavated and exported from the construction site
of a lake or pond in compliance with the conditions of county approval, but any
soil retained on site shall be graded and stabilized according to the erosion and
sediment control provisions of this article.
(4) Construction traffic. Construction traffic shall access the site by collector or
arterial streets, but where such streets are not available; the county shall approve
other routes for use during the period of the permit. All public streets shall be
kept free of dirt, dust, and damage from construction vehicles.
(5) Construction time. Construction time shall be limited by the conditions of
county approval, but in no case shall it be longer than 180 days from the date of
approval.
(6) Management and care. Upon completion of construction, the property owner
shall be responsible for the care and management of the lake or pond consistent
with best practices. Piers, docks, and other structures in, on, or over the water
shall be permitted as required by the Florida Building Code.
(b) Canals. All canals shall be excavated to a width and depth sufficient to eliminate
interruption to navigation or drainage that may result from minor shoaling caused by
bank erosion. Canal bank slopes shall comply with the slope requirements for lakes
and ponds.

Supp. 14
LDC 5:22
Article 5 Streets and Access
Sec. 5-5.1 Purpose of article.
This article establishes land development standards for streets as well as access to and
from streets that implement level-of-service and other Comprehensive Plan policies
requiring development to properly address its transportation impacts. It is the intent of
these standards to provide safe, convenient, efficient, and cost-effective travel ways for
motor vehicles, bicycles, and pedestrians for the movement of people, goods, and
services.

Sec. 5-5.2 General provisions.

(a) Approval required. The design and construction of streets and driveways requires
prior county review and approval for compliance with the standards of this article,
unless such travel and access ways are specifically identified in the LDC as exempt
from these standards.
(b) Minimum design standards. All streets and driveways shall be designed and
constructed according to the design standards in the most recent edition of A Policy
on Geometric Design of Highways and Streets, American Association of State
Highway Transportation Officials (AASHTO), the Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways
(“Florida Greenbook”), Florida Department of Transportation (FDOT), Public Rights-
of-Way Accessibility Guidelines, United States Access Board; Florida Accessibility
Code for Building Construction; and the General Paving and Drainage Technical
Specifications of Escambia County. All traffic control devices shall be designed and
installed according to the most recent editions of the Manual on Uniform Traffic
Control Devices, U.S. Department of Transportation, and Roadway and Traffic
Design Standards, FDOT. Where any of these standards are in conflict, the more
restrictive requirement or the one imposing the higher standard shall prevail unless
otherwise specifically allowed by the County Engineer.
(c) Modification of standards. Variances to the strict application of the standards of
this article are not available from the Planning Official, BOA or SRIA. Where the
provisions of this article specifically allow, the County Engineer has discretion within
the accepted standards of engineering practice to allow modifications that maintain
the stated purposes of the article. (Ord. No. 2016-30, §1, 8-4-2016)

Sec. 5-5.3 Street design.

(a) General layout. The layout of streets, including private streets, shall be in general
conformance with a plan that is most advantageous for the development of adjoining
lands. See DSM for details.
(b) Connectivity.
(1) Extension to boundary. See DSM Chapter 1, Roadway Design - Street Layout
section for details.

LDC 5:23
 (2) Large-scale development. Developments with a proposed density of 3 or more
dwelling units per developable acre and over 300 lots shall provide a highly
interconnected system of complete streets/pathways (for pedestrians(sidewalks),
bicycles, and motor vehicles) to promote the reduction of automobile use, trips,
and trip lengths.
(3) Subdivisions.
Connection to undeveloped property. See DSM Chapter 1, Roadway Design -
Street Layout section.
(c) Ingress and egress. See DSM Chapter 1, Transportation article for details.
(d) Cul-de-sacs. See DSM Chapter1, Roadway Design - Street Layout section for
details.
(e) Right-of-way widths. Right-of-way widths shall be provided as indicated in the
DSM Chapter1, Roadway Design- Minimum Right-of-way widths section. The DSM
shall detail right-of-way widths as it relates to arterials, collectors, local streets,
turning circles, alleys, and partial widths
(1) Programmed widening. If a tract to be subdivided abuts any part of an arterial
or collector street and the street is contained in an adopted capital improvement
plan of the state or county and has a programmed widening by the state or
county, the part of the public right-of-way necessary to comply with that
programmed plan shall be set aside by the developer for dedication, unless the
county chooses to negotiate mitigation measures, as requested by the developer.
.
(2) Non-Standard right-of-way donation. If a tract to be developed abuts any part
of an arterial collector or local street (not meeting section 7 criteria) that does not
meet the minimum ROW requirements, the developer shall set aside 50% of
right-of-way necessary to comply with county ROW requirements.
(f) Pavement widths. Details regarding pavements widths as it relates to local streets,
turning circles, and alleys are provided in the DSM Chapter 1, Roadway Design -
Minimum pavement widths section.
(g) Intersections. The DSM provides criteria for intersection design, which contains
specific requirements for angles, radii, visual clearance, and offsets. See DSM
Chapter, Roadway Design –Intersections section.
(h) Design speed. Local streets shall be designed with a minimum design speed of 15
miles per hour (mph). Residential subdivision streets that service the cumulative
development of 100 lots or more shall be designed with a minimum design speed of
20 mph.
(i) Crown elevation. See DSM Chapter 1, Roadway Design - Roadway Elevations
section for details.
(j) Bridges.
(1) Design and construction. Bridges shall be designed and constructed
according to the latest editions and revisions of AASHTO LRFD Bridge Design

LDC 5:24
 Specifications (load-and-resistance factor design), FDOT Structures Design
Guidelines and any approved interim specifications, and the FDOT “Florida
Greenbook.”
(2) Public. All public bridges shall be built with a minimum of 20 feet between
abutments.
(3) Inspection. Each bridge dedicated to the public shall be inspected by the
FDOT, according to the National Bridge Inspection Standards (NBIS), 23 U.S.C.
151, and Florida Statutes (§ 335.074).
(k) Dedication. Consistent with the provisions of Article 3 of this chapter, subdivision
streets cannot be dedicated for county ownership and maintenance without the
concurrent public dedication of the subdivision stormwater management system. .

Sec. 5-5.4 Site access.

(a) General. Vehicular access to an adjoining public street shall be accomplished by
means of an improved access facility, such as a driveway or private street, designed
and controlled to provide safe and convenient access to the street. Neither
unimproved nor unrestricted access is permitted. Site access shall comply with the
standards of this section to accommodate vehicles and pedestrians as well as to
provide traffic control. Unless otherwise specifically provided, the standards of this
section do not apply to driveways for single-family dwellings.
(b) County requirements. There is no intent to conflict with or duplicate state highway
access permitting, but connections to the state highway system will be evaluated
during LDC compliance review for consistency with county requirements.
(c) Visual clearance. See DSM Chapter 1, Roadway Design –Intersections section for
details.
(d) Access Location. Driveways proposed to access a street shall either be aligned
with, or offset from, existing and planned driveways, median openings, and streets
on the same and/or opposite sides of the street to be accessed. See DSM Chapter
1, Roadway Design – Access Location for more details. .
(e) Driveway paving. Driveways that connect to a paved street shall be paved to the
right-of-way.
(f) Internal access. Proposed development along arterial or collector streets shall
provide access routes within the development for all uses such that a return to the
arterial or collector street is not necessary to access another use within the
development.
(g) Multiple street frontages. When a lot or parcel is located at a street intersection or
otherwise fronts more than one street, vehicle access for all uses on the lot,
including single-family dwellings, may be limited to the roadway with the lowest
traffic volume, least operational impact, or lowest functional classification, provided
that the restriction is consistent with existing FDOT standards. Potential traffic
impacts to residential neighborhoods shall be considered when applying this

LDC 5:25
 restriction. Non-access easements may be required on site plans and plats to
implement this restriction.
(h) Modification of existing access.
(1) Unused access. See DSM Chapter 1, Access Management - Modification of
Existing access section for details.
(2) Additions. See DSM Chapter1, Access Management - Modification of Existing
access section for details.
(3) Change of use. See DSM Chapter 1, Access Management - Modification of
Existing access section for details
(i) Commercial traffic in residential areas. See DSM Chapter 1, Access
Management - Commercial Traffic in Residential Areas section for details regarding
proposed zoning districts.
(j) Fire department access. Fire department access shall be provided and maintained
for every use according to the current standards of the National Fire Protection
Association (NFPA) as administered by the Escambia County Fire Marshal.
(k) Cross access easements. All new commercial developments along roadways with
an approved access management plan shall provide cross-access easements and
connections to adjoining commercial properties.

Sec. 5-5.5 Traffic Control.

(a) Controls required. Site plans, subdivision construction plans, and other
development approvals shall require the reasonable placement of traffic control
signs, pavement markings, traffic signals, and other traffic control devices along any
street, at any driveway, or within any development, as detailed by the DSM.
(b) Traffic signals. DSM Chapter 1, Access Management - Traffic Control section
contains information regarding the assignment of responsibility for traffic signals.
The DSM also contains including provisions for signal study, construction costs’
responsibility, and optional signal criteria.
(c) Turn restrictions. See DSM Chapter 1, Access Management - Traffic Control
section for details.
(d) Median openings. See DSM Chapter 1, Access Management - Traffic Control
section for details.
(e) Turn lanes The developer shall perform a turn lane analysis on a county roadway to
serve a development that generates 50 vehicle trips or greater during any peak hour.
Trip Generation figures for the development shall be determined by the Institute for
Transportation Engineers Trip Generation Manual (ITE-TGM). Turn lanes and
required supporting right-of-way shall be provided by the developer at no cost to the
county and meet all county standards. Turn lane criteria is in DSM Chapter 1, Article
2-2.3. If a county roadway, serving a development, is included in the county’s
Capital Improvement Program or the Florida-Alabama Transportation Planning

LDC 5:26
 Organization Corridor Management Plans, the improvements indicated in such plans
shall be provided by the developer.
(Ord. No. 2016-30, §1, 8-4-2016)

Sec. 5-5.6 Sidewalks and bikeways.

Sidewalks and bikeways will be installed in conformance with current ADA standards
and all applicable guidelines (to include but not be limited to the latest editions of the
FDOT Transit Facilities Guidelines and FDOT Roadway Standard Specifications). This
is to support adopted bicycle and pedestrian plan routes and/or applicable grant
programs to provide connectivity with existing sidewalks or as required by Florida
Department of Transportation (FDOT).
(1) Sidewalks
a. Site Frontage. Sidewalks along the site frontage of a development site
parcel are required as indicated in the DSM for all applicable commercial and
residential developments. Sidewalks will be installed in conformance with
current ADA standards and all applicable guidelines (to include but not be
limited to the latest editions of the FDOT Transit Facilities Guidelines and
FDOT Roadway Standard Specifications) and shall be constructed according
to conditions specified in the DSM Chapter 1, Access Management -
Pedestrian Access section. The developer has the option to either build the
required sidewalk along the affected parcel frontage or contribute funds to the
county for construction at a later date at the county’s discretion (at the
developer’s request). Contributed funds shall be based on the county’s latest
pricing agreement.
b. Transit Stop. For any development with an entrance located 200 feet
(immediately adjacent) of an existing and fixed transit stop, a sidewalk must
be constructed (within the existing ROW) from the entrance of the
development to the existing and fixed transit stop. The newly constructed
sidewalk will be installed in conformance with current ADA standards and all
applicable guidelines (to include but not be limited to the latest editions of the
FDOT Transit Facilities Guidelines and FDOT Roadway Standard
Specifications). In addition, to meet ADA standards, the sidewalk must be
connected to any existing/planned sidewalks within the development.
(a) Bikeways. See DSM Chapter 1, Access Management - Pedestrian Access section
for details.
(b) Repair. See DSM Chapter 1, Access Management - Pedestrian Access section for
details.

LDC 5:27
Article 6 Parking and Loading

Sec. 5-6.1 Purpose of article.

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

Sec. 5-6.2 General provisions.

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

(b) Minimum design standards. All parking and loading shall be designed and
constructed according to the design standards in the most recent editions of A Policy
on Geometric Design of Highways and Streets, American Association of State
Highway Transportation Officials (AASHTO); the Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways
(“Florida Greenbook”), Florida Department of Transportation (FDOT); Public Rights-
of-Way Accessibility Guidelines, United States Access Board; Florida Accessibility
Code for Building Construction; and the General Paving and Drainage Technical
Specifications of Escambia County. All traffic control devices shall be designed and
installed according to the most recent editions of the Manual on Uniform Traffic
Control Devices, U.S. Department of Transportation, and Roadway and Traffic
Design Standards, FDOT. Where any of these standards are in conflict, the more
restrictive requirement or the one imposing the higher standard shall prevail unless
otherwise specifically allowed by the County Engineer.
(c) Variances. Variances to the strict application of the parking and loading standards
of this article are not available from the Planning Official, BOA, or SRIA. Minor
variances that are of mutual benefit to the public and the applicant and are within
accepted standards of engineering practice are evaluated by the County Engineer to
allow modifications that maintain the stated purpose of the article
(d) Handicap spaces. Handicap parking spaces shall be provided for uses as part of
the total number of off-street spaces required by this article according to the latest
edition of the Florida Accessibility Code for Building Construction. Handicap parking
is not eligible for any modifications that are not otherwise allowed in the prevailing
accessibility standards.
(e) Use of required areas. Required off-street parking and loading areas are to be
used solely for the parking of licensed motor vehicles in operating condition. Only

LDC 5:28
 spaces in excess of the spaces required by this article may be used for display or
storage and only in compliance with the provisions of Chapter 4.
(f) Tree preservation. The number of required parking spaces may be reduced as
necessary to more effectively preserve protected trees.

Sec. 5-6.3 Parking demand.

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

Sec. 5-6.4 Stall and aisle design.

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

Sec. 5-6.5 Off-site and joint use parking. Items regarding off-site and joint-use
parking are contained with the DSM Chapter 1, Off-Site and Joint Use Parking section.

Sec. 5-6.6 Loading and unloading. See DSM Chapter 1, Parking and Loading-
Loading and Unloading section for details.
Article 7 Landscaping
Sec. 5-7.1 Purpose of article.
This article establishes land development standards for landscaping that implement
Comprehensive Plan policies requiring development to apply professional practices for
landscaping and tree protection. It is the intent of these standards to promote the
environmental and community benefits of a healthy, diverse, and well managed urban
forest. More specifically, this article is intended to accomplish the following:
(1) Improve the appearance, character, and value of developed lands through
landscaping that enhances, shades, screens, and buffers the built elements and
that appropriately includes and preserves existing trees.
(2) Require that the type, quality, and installation of trees and other vegetation
planted to fulfill county landscaping requirements prevent the unnatural decline of
trees by requiring effective measures to protect them from damaging acts or
practices, especially during site development, and establishing penalties to
discourage violations.

LDC 5:29
 (3) Allow and encourage the appropriate removal of trees through an objective
criterion-based review but compensate for the lost benefits of removed healthy
trees by requiring sufficient replacement planting of quality trees.
(4) Emphasize the use of native species for reduced irrigation needs and improved
plant establishment, survival, and vitality.
(5) Increase the diversity of age and species among trees for long-term urban forest
health and stability and increase the proportion of wind-resistant trees to make
future storms less devastating.

Sec. 5-7.2 General provisions.

(a) Approval required. All land uses and development activities require prior county
review and approval for compliance with the standards of this article, unless the use
or activity is specifically identified in the LDC as exempt from these standards.
These standards are in addition to any required vegetative control of erosion and
sediment from land disturbance or landscaping required by any other conditions of
county approval.
(b) Exemptions The following uses are exempt from the general landscaping provisions
of this article, but in no case do the exemptions apply to any required vegetative
control of erosion and sediment, required tree replacement, or landscaping required
by any special condition of county approval:
(1) Residential lots. The improvements in a single-family residential subdivision
and any lot of a single-family or two-family dwelling. Developers of residential
subdivisions, in coordination with homebuilders, are nonetheless encouraged
to provide shade trees along streets and elsewhere within subdivisions
consistent with the plant selection and installation standards of this article for
the benefit of residents. Except as described in DSM Chapter 2, Section 2-
1(e) Protected Trees.
(2) Agriculture and silviculture. Bona fide agricultural or silvicultural operations
on land classified by the Escambia County Property Appraiser as
“agricultural” for ad valorem tax purposes.
(3) State or federal conflicts. Any use for which county landscaping
requirements conflict with the requirements of state or federal authorizations,
except that the exemption shall only be for those modifications of county
requirements necessary to eliminate the conflict.
(4) Temporary uses. Any temporary use as defined in LDC Chapter
(5) Playing fields. Areas authorized through county approval for public or
private parks, playgrounds, playing fields, or golf courses that will be retained
in pervious ground cover. The sites of parking lots, community centers,
clubhouses and other structures or uses accessory to such parks, grounds,
fields, or courses remain subject to applicable landscape requirements.

(c) Disclaimer. Nothing in this article shall be understood to impose any liability for

LDC 5:30
 damages or a duty of care or maintenance upon the county or any of its officers or
employees, nor to relieve the owner of any private property from the duty to keep
any tree, shrub, or other plant on his property or under his control in such a condition
as to prevent it from constituting a hazard or an impediment to travel or vision along
any street or public place.
(d) Landscape plans. Prior to any county authorization of land development requiring
site landscaping, a landscape plan shall adequately document compliance with all
applicable landscaping standards of this article and the DSM Chapter 2,
Landscaping Article. The plan shall include all calculations, dimensions, notes, and
details necessary to describe the landscape elements and their relation to the site
boundary and site improvements. Any landscaping proposed solely at the owner’s
discretion shall be distinguished from that required by the county. Additionally, the
plan shall include owner notification of the responsibility for the establishment of
newly planted trees and shrubs and the continuing obligation of maintenance of all
landscape elements.
(e) Landscape design. Site landscape design shall evidence consideration of existing
protected trees, site soils, including plants adaptable to site conditions and practical
use of turf grass. Established trees and other areas of vegetation shall be
incorporated where it is practical to lower the adverse impacts of development,
including the need for irrigation. If adequate on-site vegetation does not exist or
cannot be preserved to meet minimum landscape requirements, plants shall be
selected and installed according to the provisions of this article. The assistance of a
landscape professional in planning and design is encouraged.
(f) Tree types. The DSM Chapter 2, Tree Removal and Replacement section
establishes the standards for a tree determination, including the criteria for the
understory, canopy, evergreen trees, and deciduous plants.

Sec. 5-7.3 Landscape areas and quantities. See DSM Chapter 2, Landscape
Areas and Quantities section for details regarding landscape areas and quantities.

Sec. 5-7.4 Tree protection and preservation.

(a) General. Tree protection and preservation requires reasonable assurance through
the application of professional arboriculture standards that a healthy tree will remain
so. Adverse changes in natural site conditions are often unavoidable, but the
provisions of this section consolidate and simplify standards needed to achieve
meaningful tree protection and preservation within the development. The DSM
Chapter 2, Tree Protection and Preservation section establishes the provisions for
the tree approval, prohibited acts, tree preservation, and tree protection areas.
(b) Violations. All applicable tree protection and preservation standards of this article
shall be documented on county-approved development plans. Failure to comply
with such standards will subject the development to site inspection failures, code
enforcement citations and penalties. All penalties resulting from the enforcement of
the provisions of this article shall be deposited in the Tree Restoration Fund in the
same manner and for the same purposes prescribed for unplanted mitigation.
LDC 5:31
 Regardless of the association with any proposed or approved development,
complaints of violation of the standards of this article will be investigated by county
Code Enforcement officials who have the authority and responsibility to enforce the
provisions of the LDC through the issuance of written citations according to the
provisions of Chapter 30, Code Enforcement, Part I, Escambia County Code of
Ordinances.
(1) Tree removal. The penalty for the unauthorized removal of a protected tree,
including its effective removal by irreparable injury causing an unnatural decline,
shall be the cost necessary to replace the total tree trunk diameter (DBH) inches
removed with the same total caliper inches of standard replacement trees
according to the current adopted fee schedule. Where the actual DBH of the
removed tree cannot be directly measured, county officials may estimate the size
from any tree remains, photographs, or other reliable evidence. Additionally, if a
standard arboricultural assessment of the pre-removal tree conditions warrants,
county officials may reduce the penalty accordingly but to no less than the fee
schedule cost of one standard replacement tree.
(2) Tree damage. If a protected tree has sustained irreparable damage to its normal
growth character by topping, “hat racking,” or other pruning exceeding 30% of
total canopy, the fine may be based on the total caliper inches of limbs removed,
up to the trunk diameter (DBH) and full tree replacement may be required. If a
standard arboricultural assessment of the pre-damage tree conditions warrants,
county officials may reduce the penalty accordingly.
(3) Protection barriers. The penalty for the failure to install or maintain one or more
tree protection barriers required by county development approval shall be the
cost of one standard replacement tree according to the current adopted fee
schedule. Subsequent citations on the same site for failure to install or maintain
the required barriers shall be the cost of a standard replacement tree for each
uninstalled or unmaintained barrier.

Sec. 5-7.5 Tree inventory and assessment. The DSM Chapter 2, Tree Inventory
and assessment section contains provisions for any land use or development activity
application required to inventory on-site protected trees. If no protected trees exist on
the site, that condition shall be identified in the application documents.

Sec. 5-7.6 Tree removal and replacement.

General. Existing healthy trees shall be preserved to the greatest extent practical to
sustain an age-diverse urban forest and to minimize tree canopy cover losses.
Removal of protected trees shall be avoided when possible and shall be minimized and
mitigated when unavoidable. The provisions for the removal criteria are provided in the
DSM Chapter 2, Tree Removal and Replacement- Removal Criteria section.

Sec. 5-7.7 Plant selection, installation, and irrigation.

(a) Appropriate selection of landscaping plants is essential for long-term survival and
allows their buffering, aesthetic, erosion control, mitigation, and other benefits to be

LDC 5:32
 realized as early as practical. Planting a variety of trees and shrubs helps maintain
a diverse urban forest. The DSM Chapter 2, Plant Selection, Installation, and
Irrigation section containing provisions in the selection criteria for the provisions of
quality, species, trees, and other landscape vegetation.
Irrigation systems are encouraged, as they are reliable components of plant
maintenance, especially during critical periods of establishment after planting.

Article 8 Outdoor Signs.

Sec. 5-8.1 Purpose of article
This article establishes land development standards for outdoor signs as required by the
Comprehensive Plan. The purpose is to provide reasonable, content-neutral,
nondiscriminatory sign regulation through time, place, and manner of use. It is the
intent of these standards to protect and enhance the economic vitality and physical
appearance of the county as a place to live, vacation, and conduct business. More
specifically, this article is intended to:
(1) Enable the proper scale, quantity, period, and placement of signs to effectively
promote commerce, to identify places of residence and business, and to orient,
direct, and inform the public.
(2) Require that signs be adequately designed and constructed, and be removed
when unauthorized or inadequately maintained, to protect the public from
conditions of blight and the dangers of unsafe signs.
(3) Lessen visual confusion and hazards caused by improper height, placement,
illumination, or animation of signs, and assure that signs do not obstruct the view
of vehicles and pedestrians traveling public streets or create nuisance conditions.
(4) Preserve and protect the unique natural and scenic character of Pensacola
Beach, Perdido Key, and other designated scenic areas of the county.
(5) Protect the interests of sign owners in continuing to use lawfully established and
maintained signs while providing the community with a gradual remedy for
existing undesirable conditions resulting from nonconforming signs.
(6) Identify the established processes for compliance review, approval and
permitting of signs, the exemptions from that permitting, and the available
processes to request variances to sign standards.

Sec. 5-8.2 General provisions.

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

LDC 5:33
Supp. 15
 (b) Permits required.
1. General requirement. Unless specifically authorized in this article by an
exemption from permitting, no person shall place, post, display, construct, alter,
or relocate any sign without having first obtained all necessary permits through
county review and approval for compliance with the standards of this article and
other applicable code provisions. The review and approval process shall be as
prescribed in Chapter 2. Regardless of any exemption from county permitting, all
signs remain subject to article standards of design, construction, placement, and
maintenance.
2. Pensacola Beach requirements. As prescribed within the established written
procedures of the Santa Rosa Island Authority (SRIA), signs located on
Pensacola Beach may require the authorization of SRIA staff, the Architectural
and Environmental Committee (AEC) of the SRIA, or the SRIA board prior to
county approval.
(c) Nonconforming signs. Lawfully established and maintained signs that no longer
comply with one or more current requirements of the LDC may continue as
nonconforming signs in use as prescribed in this section and Article 2 of Chapter 1,
but the expansion of any nonconformance is prohibited.
(1) Relocation. If a nonconforming sign is relocated for any reason, the sign shall
be brought fully into compliance with the standards of this article, regardless of
any estimated cost to replace the sign at its former location.
(2) Substantial expenses. When the restoration of any removed, destroyed, or
damaged nonconforming sign would constitute an expense of more than 50
percent of the replacement cost of the sign as documented by a licensed sign
contractor, the restored sign shall fully comply with the standards of this article.
Similarly, within a calendar year, when any alteration to or maintenance on a
nonconforming sign would constitute an expense of more than 50 percent of the
sign’s replacement cost, the sign shall be brought fully into compliance with
article standards.
(3) Non-substantial expenses. Any alteration, repair, or maintenance to a
nonconforming sign within a calendar year that would constitute an expense of
50 percent or less of the replacement cost of the sign shall comply with the
following conditions for continuing sign nonconformance:
a. Repairs and maintenance. Repairs and maintenance shall be performed as
necessary to maintain all nonconforming signs in good repair and safe
condition, as they were originally authorized and without modifying their
nonconformance. Any such work is exempt from sign permits, but may
require building permits to ensure compliance with the Florida Building Code.
b. Alterations. Generally, no alterations other than sign face replacement shall
be made to a nonconforming sign if any nonconformance of the sign or
supporting structure would remain. However, alterations to sign area,
including necessary modifications to supporting cabinets and frames, may be
LDC 5:34
Supp. 15
 authorized by permit for a freestanding sign of nonconforming height if the
alterations comply with all the following conditions:
1. The quantity of freestanding signs on the same parcel is, or is made to be,
conforming.
2. The resulting sign height is no greater.
3. The new sign area is no greater than the old sign area or the current
standard’s maximum area, whichever is less.
(d) Variances. Variances to the strict application of the sign quantity, area, height, and
sign-to-sign separation standards of this article are available, but only for signs that
require county permitting (non-exempt signs). Variances may be granted according
to the applicable variance conditions and review processes prescribed in Article 6 of
Chapter 2. All such modifications shall maintain the stated purposes of this article
and demonstrate the following additional technical conditions:
(1) Impairment. The effectiveness of signage that complies with the standards of
this article is materially impaired and cannot be sufficiently corrected with
reasonable and complying changes in sign luminance (brightness), contrast,
placement, or orientation.
(2) Legibility. The sign letter weight is adequate (height to stroke width ratio no
more than 5:1) and the message is limited to a reasonable number of elements
to comprehend; nevertheless, signage that complies with the standards of this
article cannot provide its primary audience (e.g., passing vehicles) with 30 feet or
less of viewing distance per inch of letter height (legibility index of 30 ft./in. or
less).
(e) Owner responsibility. All property owners, and leaseholders of property on
Pensacola Beach, are responsible for the proper permitting, placement,
construction, and maintenance of any signs on their property. These responsibilities
include compliance with all applicable provisions of the LDC and the Florida Building
Code, any required Florida Department of Transportation permitting for signs along
state maintained roads, and the timely elimination of temporary or inadequately
maintained signs.
(f) Overlay districts. In addition to the provisions of this article, signs shall comply with
any prohibitions, limitations, or other sign standards of applicable overlay zoning
districts as established in Article 3 of Chapter 3.
(g) Message substitution. Except for messages required by law or ordinance, any
message on an authorized sign may be substituted in whole or part for any other
message. This substitution allowance is intended to prevent any inadvertent
regulatory favoring of messages, but it does not create a right to increase signage or
modify any other provisions of this article.
(h) Enforcement. The standards of this article shall be enforced by county code
enforcement officers as authorized in Chapter 30, Code Enforcement, Part I,
Escambia County Code of Ordinances. Signs located on Pensacola Beach may
also be subject to compliance inspection by the SRIA, which is authorized to
summarily remove any unauthorized signs on lands under its jurisdiction. Any party

LDC 5:35
Supp. 15
 or parties in violation of these standards shall be subject to notices of violation,
citations, and civil penalties as prescribed in Chapter 30.
(1) Signs on public lands. Signs of any type placed on public lands, including
public rights-of-way, in violation of the provisions of this article are subject to
removal and disposal by code enforcement officers or other county-authorized
personnel without notice or compensation. Such removal does not preclude
citations or imposition of penalties for the violation.
(2) Unsafe signs. If the condition of any authorized sign becomes unsafe in the
opinion of those authorized to enforce the provisions of this article, the owner
shall remove the sign or secure it in a manner complying with this article and
applicable building codes within 10 days after receiving written notice from the
county. Where the danger is immediate, the condition shall be corrected without
delay. If the unsafe condition is not corrected within 10 days, the county shall be
authorized to correct the condition at the owner’s expense, including removal of
the sign.

Sec. 5-8.3 Signs defined by type and character.

For the purposes of this article, signs are defined and identified as follows and may be
further characterized within the standards of the article:
(1) Freestanding signs. A freestanding sign is any sign that stands on its own, not
attached to a building or a fence, including pole signs, monument signs, and
portable signs.
a. Pole signs. A pole or pylon sign is any freestanding sign that is elevated
above the adjacent grade and mounted on one or more poles, pylons, or
similar vertical supports from the ground.
b. Monument signs. A monument or ground sign is any freestanding sign with
its entire base placed directly on the ground.
c. Portable signs. A portable sign is any freestanding sign that is not
permanently attached to the ground or a permanent structure, or a sign that is
designed to be transported.
d. Vehicle and trailer signs. A vehicle or trailer sign is any sign that is made
portable by permanent or temporary attached to or placement in any manner
on a motor vehicle or trailer.
(2) Wall signs. A wall sign is any sign that is attached to or painted on the exterior
wall of a building in such a manner that the wall is the supporting structure for the
sign or forms the background surface of the sign. For the allocation of sign area
and other purposes of this article, wall signs include awning, canopy, fascia,
marquee, roof, and window signs, and murals, but do not include fence signs.
a. Awning, canopy, fascia, and marquee signs. An awning, canopy, fascia,
or marquee sign is any sign that is mounted or painted on, or attached to an

Supp. 15
LDC 5:36
 awning, canopy, fascia, or marquee respectively, but not projecting above,
below, or beyond the awning, canopy, fascia, or marquee.
b. Roof signs. A roof sign is any sign that is mounted on the roof of a building,
or wholly dependent on a building for support, and extending above the top of
the wall of a flat-roofed building, above the eave line of a building with a hip,
gambrel, or gable roof, or the deck line of a building with a mansard roof.
c. Window signs. A window sign is any sign that is placed in or on a window or
placed within a building in such a manner that it can be viewed through a
window from the outside.
d. Projecting signs. A projecting sign is any sign supported by a building wall
and extending outward from the wall with the sign display surface
perpendicular to the wall.
e. Murals. A mural is any sign that is an original, one-of-a-kind work of visual
art tiled or painted by hand directly upon the façade of a building.
(3) Fence signs. A fence sign is any sign that is attached to or painted on a fence
in such a manner that the fence is the supporting structure for the sign. For the
allocation of sign area and other purposes of this article, fence signs are neither
freestanding signs nor wall signs.
(4) Changeable message signs. A changeable message sign is any sign that is
designed to allow frequent changes in its displayed message. Messages may be
changed through any of the following means, but a change in message does not
constitute a different sign:
a. Manual. A periodic manual change on the sign face, typically by
rearrangement of letters along horizontal tracks, by replacement of printed
substrates, or by redrawing, all without otherwise altering the sign.
b. Mechanical. Different messages automatically displayed intermittently on the
same sign face by mechanical means, as on the slatted face of a “tri-vision”
sign that allows three different messages to revolve and appear at recurring
intervals.
c. Electronic. An electronic message display made up of internally illuminated
components (e.g., LEDs) of the sign face controlled by a programmable
electronic device allowing remote or automatic display of multiple messages
in various formats and at varying intervals.
d. Projection. A message display created by the projection of an image onto a
building wall or other display surface from a distant device.
(5) Temporary signs. A temporary sign is any sign that is authorized to be placed
in view for a limited period of time and required to be removed from view upon
expiration of the authorized time. Temporary signs include balloon, air-activated,
and banner signs.
a. Balloon signs. A balloon sign is any temporary sign that is gas-inflated.

Supp. 15 LDC 5:37

 b. Air-activated signs. An air-activated sign is any temporary sign with one or
more parts given form or animation by mechanically forced air.
c. Banners. A banner is any temporary sign that is made of lightweight, non-
rigid, and typically non-durable material such as cloth, paper, or plastic, and
that is designed to be secured to a structure along two or more sides or at all
corners by cords or similar means, or to be supported by stakes in the
ground. A banner is not a wind sign.
(6) Flags and other wind signs. A wind sign is any sign that is designed and
fashioned to move when subjected to winds, including wind socks, wind spinners,
whirligigs, and flags. A flag is any wind sign made of a continuous sheet of fabric
or other flexible material, designed to be supported along one edge and typically
flown from a pole or staff.
(7) On-premises and off-premises signs. An on-premises sign is any sign that is
accessory to the authorized principal use or structure on the same parcel as the
sign. On-premises signs are, therefore, subordinate in extent and purpose and
customarily incidental to the principal use or structure as prescribed by the
supplemental use regulations in Article 7 of Chapter 4. Any sign that is not an
on-premises sign is an off-premises sign.
(8) Exempt and non-exempt signs. An exempt sign is any sign that is relieved by
the provisions of this article from the requirement to obtain a county sign permit.
Any sign that is not an exempt sign is a non-exempt sign requiring authorization
by permit, but exemption does not modify the availability of non-exempt signage.

Sec. 5-8.4 Design, construction, and maintenance of signs.

Every sign, including those exempt from county permitting, shall be designed,
constructed, placed, and maintained in compliance with the standards of this article and
applicable provisions of the Florida Building Code. In addition to the provisions of this
section, specific area, height, and quantity limits are prescribed in the subsequent
sections of this article for both exempt and non-exempt, on-premises and off-premises
signs.
(1) Sign area. For the purposes of this article, the area of a sign is the area of the
smallest regular geometric shape (rectangle, triangle, circle, etc.), or simple
combination of such shapes, that forms or approximates the perimeter of all sign
message elements and comprises the sign face. When a background to the
message elements is defined by a frame, outline, panel, or other border, the area
of the background defined by that border is the sign area. In the calculation of
sign area, the Planning Official may exclude minor appendages beyond the
regular shape of the sign area perimeter.
a. Freestanding sign area. The area of a freestanding sign authorized by this
article shall be the sum of the areas of the largest faces visible from any
single direction, except as modified by the following:

Supp. 15
LDC 5:38
 1. Exclusions. In the calculation of sign area, the base, apron, supports,
and other structural members not displaying elements of a sign message
are not included.
2. Special conditions. For signs located on Pensacola Beach, and for any
non-exempt off-premises signs (billboards), when two identical sign faces
on the same sign structure are placed back-to-back or in a “V”
configuration with an internal angle behind the faces of no more than 90
degrees, the sign area is calculated as the area of only one face.
3. Separate signs. Sign faces having no shared support from the same
structure constitute separate signs and are subject to area (and other)
standards accordingly.
b. Wall sign area. Except as provided in this article for on-premises signs
located on Pensacola Beach, non-exempt wall sign area shall be authorized
in proportion to the length of the exterior building wall to which the signs are
attached. Similarly, wall sign area for any individual tenant space within a
multi-tenant building shall be in proportion to the exterior wall length of that
space.
1. Multiple signs. Each building, or each tenant space of a multi-tenant
building, may have multiple wall signs, but the total wall sign area on a
building or tenant wall shall not exceed the allowance for that wall.
Unused sign area on one building or tenant wall is not available to any
other building or tenant wall.
2. Sign background. The architectural features of a wall do not by
themselves define the background area that must be included in the
calculation of wall sign area.
3. Window signs. The placement of window signs shall not obscure more
than 30 percent of the area of the window in or on which they are placed
or through which they are viewed. Additionally, window signs located on
Pensacola Beach must be incorporated as part of a display of
merchandise or services offered and may not be affixed to a window.
(2) Sign height. Unless otherwise noted, freestanding sign height shall be
measured from the highest adjacent grade at the base of the sign.
(3) Sign placement. In addition to the following placement standards, signs shall
maintain industry standard clearances and otherwise avoid interference with
utility lines and equipment:
a. Prior authorization. No signs shall be placed on any property without prior
authorization of the property owner. Signs shall not be placed on public
property, including public rights-of-way, or placed on private property in any
manner that projects or extends a sign over public property, without
applicable public agency authorizations and permits.

Supp. 15 LDC 5:39

 b. Spacing. Where spacing or separation standards apply, the distance shall
be measured in a straight line to the center of each sign unless otherwise
noted.
c. Conflicts. No part of any sign, exempt or non-exempt, on-premises or off-
premises, temporary or permanent, shall obstruct vision on private property
along a street right-of-way between three feet and nine feet above grade
within 10 feet of the right-of-way. Sign placement shall also comply with sight
visibility standards for driveway and street intersections and avoid conflicts
with protected trees, both existing and those planted to comply with county
standards.
d. Wall sign projection. Wall signs shall not project more than 24 inches from
the supporting wall, or if mounted on a sloped roof surface, shall not extend
above the roof line or project more than 48 inches from the roof surface.
(4) Sign illumination. Where authorized, signs may be illuminated by internal or
external artificial light sources that comply with the following standards:
a. Luminance. Sign luminance, the light emitted by a sign or reflected from its
surface, shall not be greater than necessary to reasonably allow the sign to
be viewed by its primary audience (e.g., passing vehicles). Additionally, from
dusk until dawn no sign may exceed a maximum luminance level of 500
candelas per square meter (cd/m2), regardless of the source of illumination.
b. Source and direction. External light sources shall be directed onto sign
faces and effectively shielded to prevent the direct illumination of any
adjacent buildings or street rights-of-way. All externally illuminated signs
located on Pensacola Beach shall be either face-lighted by spotlights or
similar fixtures directing light only downward onto the sign surface, or
shadow-lighted by indirect concealed light sources behind opaque sign
elements, and shall make no use of exposed neon.
c. Glare. Lighting shall not create excessive glare for pedestrians, motorists or
adjacent uses, or obstruct the view of traffic control devices or signs.
d. Marine shorelines. Along any marine shoreline, illuminated signs shall not
be located on the seaward or shore-perpendicular sides of any structures,
and sign lighting shall not directly, indirectly, or cumulatively illuminate the
beach. Lighting along any marine shoreline is additionally limited for natural
habitats as prescribed in the natural resources regulations of Chapter 4.
(5) Electronic signs. Electronic display and projected image signs shall comply
with the following additional standards:
a. Movement. Only as authorized within this article may displays and projected
images include dynamic messages that appear or disappear through
dissolve, fade, travel, or scroll modes, or similar transitions and frame effects;
or have text, animated graphics, or images that appear to move or change in
size, or are revealed sequentially. None shall flash or pulsate.

Supp. 15
LDC 5:40
 b. Display times. Each message shall be displayed or projected a minimum of
six consecutive seconds.
c. Controls. Each sign shall include an automatic control regulating display or
projection brightness in compliance with the luminance standards of this
article. Additionally, ambient light monitors shall automatically adjust the
brightness to ambient light conditions, and a default control shall turn off the
sign or freeze the message in one position if a malfunction of normal
operation occurs.
(6) Multi-tenant signage plans. Development plans for any shopping center, office
park, or other multi-tenant non-residential development shall include a master
plan for the development’s freestanding signage. The signage plan shall
establish an adequate distribution among tenants of the total non-exempt
freestanding site sign area and locations available to the development, including
any assignment of electronic message area.
a. Plan authority. Upon county approval of the signage plan, non-exempt
freestanding signage for the entire development and its tenants shall be as
prescribed by the plan, regardless of subsequent changes in property
ownership or tenancy, unless a revised signage plan for the entire
development is resubmitted by the property owner(s) and approved by the
county.
b. Plan variances. A variance to the total freestanding signage available for
distribution by a signage master plan may be requested under the provisions
of Chapter 2, but no variance is available individually to any tenant subject to
an approved plan.
(7) General construction and maintenance. Outdoor signs and their supporting
structures shall comply with the following construction and maintenance
requirements:
a. Weather resistance. Signs shall be constructed of weather resistant
materials.
b. Use of wood. Bare wood is prohibited as part of any sign face, and wood
embedded in the soil as structural support for permanent signs shall be
pressure treated for in-ground use.
c. Painting. All painted signs and metal parts prone to corrosion shall be kept
neatly painted.
d. Wind hazard. Signs exempt from wind load requirements of the Florida
Building Code shall, nevertheless, be sufficiently constructed and anchored to
avoid the hazard of contributing to windborne debris during severe weather.
e. Condition. All signs and sign structures, together with their supports,
anchors, and electrical components, shall be maintained in good repair and
safe condition to ensure sign messages are clearly legible and to avoid the
blight and hazards of deteriorated signs.

Supp. 15 LDC 5:41

 Sec. 5-8.5 Prohibited signs and conditions.
The following signs, sign locations, and sign characteristics are prohibited:
(1) Motion, light, and sound. Any sign that moves or changes, that contains
mirrors or other reflective surfaces, that produces glare, flashes or exhibits other
noticeable changes in lighting intensity, or that emits visible vapors, particulates,
sounds, or odors, except as specifically authorized in this article for changeable
message signs.
(2) Obscenity. Any sign displaying words, pictures, or messages that are obscene
as defined by Chapter 847, Florida Statutes, and in application of contemporary
community standards of the county.
(3) Obstruction and interference. Any sign constructed or maintained in any
manner that endangers or obstructs any firefighting equipment or any fire
escape, window, door, or other means of egress. Also, any sign that interferes
with any opening required for ventilation, prevents free passage from one part of
a roof to any other part, or blocks a public sidewalk or required pedestrian
walkway.
(4) On Pensacola Beach. The following additional signs or characteristics of signs
located on Pensacola Beach, unless specifically authorized by the SRIA:
searchlights, balloons, air-activated signs, wind signs, and similar devices or
ornamentation designed for the purposes of attracting attention, promotion, or
advertising; bare bulb illumination around a sign perimeter; back-lighted or plastic
signs; projected image signs; signs on benches; banners; murals or other signs
painted directly on fences, walls, or any exterior parts of a building; and roof
signs.
(5) Traffic hazards. Any sign that creates a traffic hazard or a detriment to
pedestrian safety. Such hazards include any sign that projects into the line of
sight of a traffic signal and disrupts the minimum required sight distance; any
sign that obstructs vision between pedestrians and vehicles using public rights-
of-way; and any sign that imitates, resembles, or interferes with the effectiveness
of an official traffic sign, signal, or other traffic control device.
(6) Unauthorized. Any sign not authorized by the provisions of this article, including
handbills, posters, and notices attached to trees, utility poles, park benches, or
other objects and structures not designed or authorized for the attachment of
signs.

Sec. 5-8.6 Exempt signs and activities.

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

LDC 5:42
Supp. 15
 (1) Remaining standards. Exempt signs shall be designed, constructed, placed,
and maintained in compliance with the provisions of this article, other applicable
provisions of the LDC, and the Florida Building Code.
(2) Prevailing limits. No sign exemption supersedes or cancels any prohibitions or
restrictions on the display of signs established in this article, any restrictive
covenants adopted for a development, or any executed lease agreements,
including those for Pensacola Beach properties requiring written authorization
from the SRIA before displaying signs.
(3) Relation to non-exempt signs. Exempt signage does not modify or limit the
availability of non-exempt signage authorized in this article. Additionally, the
allocations for exempt signs are separate from those for non-exempt signs, and
neither shall be used to supplement the other in the authorization of an individual
sign.
(b) Sign face replacement exemption. The face of a conforming or nonconforming
sign may be replaced without a permit if no other alterations are made to the sign,
including modifications to the size or configuration of supporting cabinets or frames.
(c) Sign repair and maintenance exemption. Repairs and maintenance performed as
necessary to maintain conforming or nonconforming signs in good and safe
condition as originally authorized is exempt from sign permits.
(d) Sign-specific exemptions. In addition to the general and parcel-specific
exemptions established in this section, the following specific signs are exempt from
county sign permits with the conditions noted:
(1) Accessory device signs. Signs manufactured as standard, permanent, and
integral parts of mass-produced devices accessory to authorized non-residential
uses, including vending machines, fuel pumps, and similar devices customarily
used outdoors. However, outdoor vending machines on Pensacola Beach shall
be effectively screened from view from public rights-of-way.
(2) Bus stop signs. Signs located on bus stop shelters and benches if complying
with county traffic safety placement requirements and limited to locations and
signs approved by the Escambia County Area Transit (ECAT) for bus stops along
ECAT system routes.
(3) Cemetery monuments. Permanent monuments placed within cemeteries.
(4) Drive-through signs. Except on Pensacola Beach, drive-through service signs,
one per development parcel, a maximum 40 square feet in area and eight feet in
height. Such signs shall be single-sided, located on the parcel providing the
service, and adjacent to and oriented for view from the drive-through lane.
(5) Entry and exit signs. For any parcel of an authorized multi-family or non-
residential use, one freestanding on-premises sign immediately adjacent to each
authorized paved vehicular access to a public street, each sign a maximum six
square feet in area, three feet in height, and not a changeable message sign.

Supp. 15 LDC 5:43

 (6) Fence signs. Signs mounted for pedestrian view on authorized fences, each
sign a maximum three square feet in area (e.g., 18 in. x 24 in.) and a minimum
50 feet separating any two such signs on the same fence.
(7) Government or public signs. Signs placed or required to be placed by
agencies of county, state, or federal government, including but not limited to:
traffic control signs, street address numbers, building permits, flags, notices of
any court or law enforcement officer, redevelopment area gateway signs, public
monuments, hazard warnings, and public information signs. These signs may
deviate from the type, quantity, duration, area, color, height, placement,
illumination, or other standards of this article as necessary to comply with the
law, rule, ordinance, or other governmental authorization by which the signs are
placed.
(8) Integral building signs. Signs cut into masonry surfaces, inlaid, or otherwise
constructed as integral and permanent parts of buildings, each sign a maximum
six square feet in area; and stained-glass windows of any size.
(9) Murals. Except on Pensacola Beach, murals on walls of authorized non-
residential buildings, excluding the walls of a building’s primary façade, and
provided each mural is a maximum 200 square feet in area and contains no text.
Murals authorized within the applicable allocation of non-exempt wall signage are
not subject to these limits. Additionally, murals exceeding these size and manner
of use restrictions may be approved as conditional uses by the Board of
Adjustment according to the applicable conditions and review process prescribed
in Article 6 of Chapter 2.
(10) Recreational facility signs. Signs accessory to and within outdoor
recreational facilities, only if oriented for view from within the facilities. Such
signs include scoreboards, sponsor signs attached to the field side of playing
field fences, and concession stand signs.
(11) Temporary decorations. Temporary decorations accessory to the authorized
land use and customarily associated with a short-term event, such as a holiday
or a special event as defined in the temporary use provisions in Article 7 of
Chapter 4. Except on Pensacola Beach, such decorations may include balloon
and air-activated signs a maximum 10 feet in height.
(12) Vehicle and trailer signs. Signs on any motor vehicles or trailers actively in
transit along public streets, and any of the following signs attached to or placed
on registered, operable, and lawfully parked motor vehicles or trailers, but not
including manufactured (mobile) homes or changeable message signs:
a. Parked. Signs on a vehicle at the residence of the principal driver of the
vehicle, or on a vehicle or trailer at the residence of the individual to whom the
unit is registered, or signs on a vehicle or trailer parked a maximum 24 hours
at any site.
b. Maximum area. Signs a maximum six square feet in total area per vehicle or
trailer side.

Supp. 15
LDC 5:44
 c. In service. Signs on a vehicle or trailer in the service of a licensed or
otherwise bonified enterprise, and on the authorized site of that enterprise or
on any site where the enterprise is actively providing its goods or services.
d. In storage. Signs on vehicles or trailers stored within parcel areas authorized
for such outdoor storage, including parcels authorized for the sale, lease, or
rental of vehicles or trailers.
(13) Wall signs. Signs mounted for pedestrian view on the walls of authorized
principal and accessory buildings, each sign a maximum three square feet in
area (e.g., 18 in. x 24 in.).
(14) Wind signs.
a. Flags. Flags accessory to the authorized land use of the parcel, and not
otherwise exempt as temporary decorations, allowed in any combination of
the following types with applicable limits:
1. String flagging. Except on Pensacola Beach, string flagging accessory
to an authorized multi-family or non-residential use. Each flag or pennant
a maximum one square foot in area, suspended from one side along a
stringer line, and in combination on the line with any number of other such
flags or pennants.
2. Blade or feather flags. Except on Pensacola Beach, pole-supported
“blade” or “feather” type flags accessory to an authorized multi-family or
non-residential use. Each flag a maximum three feet in width and 12 feet
in height. A maximum one flag per 50 feet of parcel street frontage and
three flags per frontage with any flag spacing.
3. Other flags. Other typically pole-supported flags (e.g., U.S. flag)
accessory to the authorized use and no more than two per parcel. If flown
from a pole, each flag shall be proportional to its flagpole such that the
hoist side is no greater than 25 percent of the height of a supporting
vertical pole, or 50 percent of the length of a supporting pole projecting
from a building wall. Vertical flagpoles within residential zoning districts or
for single-family dwellings are limited to 25 feet in height and one per lot.
b. Other wind signs. Wind signs, other than flags or exempt temporary
decorations, accessory to any authorized single-family or two-family
residence, including wind socks, wind spinners, and whirligigs.
(e) Parcel-specific exemptions. In addition to the general and sign-specific
exemptions established in this section, a separate allocation of non-illuminated
freestanding signage for each development parcel is exempt from county sign
permits. This parcel-specific exemption is established primarily to accommodate
temporary signs of varying periods of display. Any changeable message signs as
parcel-specific exemptions are limited to manually rewritable forms.
(1) One- and two-family parcels. Each parcel whose authorized principal use or
development is single-family or two-family residential, or whose zoning district is
residential (RR, LDR, MDR, HDR, LDR-PK, MDR-PK, HDR-PK, LDR-PB. MDR-

LDC 5:45
Supp. 15
 PB, or HDR-PB), is authorized to display freestanding signage without county
sign permits, subject to the following:
a. Quantity, area, and height. A maximum of two signs for each parcel, each
sign a maximum six square feet in area (e.g., 24 in. x 36 in.) and six feet in
height.
b. Additional quantity. A third sign within the same area and height limits of
the initial signs is authorized for each parcel within the Agricultural, RMU,
LDMU, HDMU, Commercial, HC/LI, Industrial, or Public zoning district.
Alternatively, except on Pensacola Beach, a third sign is authorized for
placement along the secondary street frontage of any corner lot.
c. Additional area. Where the parcel is within a mainland zoning district and
fronts on a street having a posted speed limit of 40 mph or greater, the
maximum authorized area of each sign along that frontage is doubled to 12
square feet.
d. Portability. The sign may be portable only if accessory to an occupied
residential structure on the parcel.
(2) Multi-family and non-residential parcels. Each parcel whose authorized
principal use or development is not single-family or two-family residential, and
whose zoning is not residential (not RR, LDR, MDR, HDR, LDR-PK, MDR-PK,
HDR-PK, LDR-PB. MDR-PB, or HDR-PB), is authorized to display freestanding
signage without county sign permits, subject to the following:
a. Quantity, area, and height. A maximum of one sign per parcel street
frontage, each sign a maximum 32 square feet in area (e.g., 4 ft. x 8 ft.) and
10 feet in height, except on Pensacola Beach where the sign area may not
exceed 12 square feet.
b. Additional quantity. Within the same area and height limits of the initial
sign, a second sign is authorized for any individual street frontage greater
than 200 feet, and a third sign for any frontage greater than 600 feet.
c. Additional area. Where the parcel is within the Agricultural, RMU, LDMU,
HDMU, Commercial, HC/LI, Industrial, or Public zoning district, the maximum
authorized area of a sign is increased to 50 square feet.
d. Portability. The sign may be portable only if accessory to an occupied
principal structure on the parcel.
e. Banners. Except on Pensacola Beach, each authorized sign may be
displayed as a banner of the same maximum area if accessory to an
authorized use. However, no banner shall be attached to a fence, exceed
four feet in height if ground-mounted, or be displayed above the roof line if
attached to a building.
Sec. 5-8.7 Temporary signs by permit.
Temporary signs not otherwise prohibited or exempt from county permits as prescribed
in the preceding sections of this article may be authorized by permits under the
conditions of this section. Temporary sign permits shall specify the authorized period of

LDC 5:46
Supp. 15
 use. All temporary signs remain subject to the design, construction and maintenance
standards of this article. Temporary signage by permit does not modify or limit the
availability of permanent signage authorized in this article unless specifically noted. The
following temporary signs are subject to the permit conditions noted:
(1) Balloon and air-activated signs. Except on Pensacola Beach, balloon
signs and air-activated signs not eligible as exempt temporary decorations
may be temporarily authorized by county permit for a single display period of
no more than 14 days when accessory to the authorized land use. Each sign
is limited to a setback of no less than the height of the sign from all rights-of-
way, parcel lines, and overhead utility lines. All signs shall be adequately
secured to the ground to prevent horizontal movement. Relocation for use
on a different parcel shall require a new temporary permit, regardless of any
remaining period of the prior authorization.
(2) Banners. Banners not eligible as multi-family or non-residential parcel-
specific exemptions may be temporarily authorized by county permit for
grand openings and other short-term events. However, no banner may be
attached to a fence, no ground-mounted banner shall exceed four feet in
height, and no banner attached to a building shall be displayed above the
roof line. Permitted banners shall be conspicuously marked with the permit
number and dates of permitted use. Temporary banners are further limited
by the following:
a. On Pensacola Beach. Banners may be authorized on Pensacola Beach
according to the established written policies of the SRIA only if application is
made to SRIA staff a minimum of 10 business days prior to the date of use.
Unless otherwise authorized by the AEC for a maximum 30 days, the display
of a banner is limited to a maximum 14 days.
b. On mainland and Perdido Key. Banners may be permitted when accessory
to authorized multi-family or non-residential uses within mainland or Perdido
Key zoning districts, each banner a maximum 60 square feet in area. For the
lot of any such use, a single permit may authorize only one banner for a
maximum 30 days. Additionally, no more than two permits shall be issued for
the same lot during any calendar year, but the times of authorization may
coincide or differ in whole or part. A banner may also be authorized by permit
to exceed the limits on area and period of use when used to temporarily cover
the permanent sign of a previous tenant.
(3) Flags on Pensacola Beach. Temporary flags on Pensacola Beach may be
authorized for special events under the same conditions as banners.
(4) Projected image signs. Except on Perdido Key and Pensacola Beach,
projected image signs may be temporarily authorized for a period of up to 30
days by county permit as on-premises signs accessory to an authorized non-
residential land use. Projected images shall comply with all sign illumination
standards of this article.
(5) Vehicle and trailer signs. Except on Pensacola Beach, the parking or
placement of a non-exempt vehicle or trailer sign may be temporarily

LDC 5:47
Supp. 15
 authorized by county permit on the parcel of an authorized non-residential
use for a maximum 60 days. The sign is limited to a maximum 100 square
feet in area and 10 feet in height, and shall be conspicuously marked with the
permit number and dates of permitted use. Relocation for use on a different
parcel shall require a new temporary permit, regardless of any remaining
period of the prior authorization.

Sec. 5-8.8 On-premises permanent signs.

(a) Generally. Unless authorized in this article as temporary or exempt, on-premises
signs shall comply with the provisions of this section as determined by the applicable
zoning district and authorized land use.
(b) Mainland residential, recreation, and conservation districts. On-premises non-
exempt signs within mainland residential, recreation, and conservation zoning
districts (RR, LDR, MDR, HDR, Rec, Con) shall comply with the following additional
standards:
(1) Residential uses. Residential subdivisions and multi-family developments are
allowed up to two signs at each development entrance. Each sign is limited to a
maximum 32 square feet in area and six feet in height. A multi-family
development may substitute one development entrance sign for one wall sign
limited to the same 32 square feet.
(2) Non-residential uses. The principal non-residential structure on a development
parcel is allowed either one freestanding sign a maximum 32 square feet in area
and six feet in height, or a maximum 2.00 square feet of wall sign area per lineal
foot of building frontage at grade with a minimum 20 square feet for any
individual tenant frontage of a multi-tenant building.
(3) Changeable message. Manual and mechanical changeable message signs are
allowed for both residential and non-residential uses, but projected image signs
are prohibited and electronic message signs are limited to static message display
with instantaneous change of message. These allowed forms of changeable
message may be utilized for any portion of authorized sign area.
(c) Mainland agricultural and mixed-use districts. On-premises non-exempt signs
within mainland agricultural and mixed-use zoning districts (Agr, RMU, LDMU,
HDMU) shall comply with the following additional standards:
(1) Residential uses. Residential uses are allowed the same signage as residential
uses in the mainland residential districts.
(2) Non-residential uses. Commercial subdivisions are allowed the same
development entrance signage as residential subdivisions. Non-residential uses
and structures within the HDMU district are allowed the same signage as those
within the mainland commercial and industrial districts. Other principal non-
residential structures on a development parcel are allowed the following signage:
a. General sign allowance. Within the Agr, RMU, and LDMU districts, either
one freestanding sign a maximum 32 square feet in area and six feet in
height, or a maximum 2.00 square feet of wall sign area per lineal foot of

LDC 5:48
Supp. 15
 building frontage at grade with a minimum 20 square feet for any individual
tenant frontage of a multi-tenant building.
b. Increased area and height. For properties fronting a collector or arterial
street, the maximum area and height of a freestanding sign is increased to 50
square feet and 10 feet respectively if the sign is at least 100 feet from any
single-family or two-family dwelling. Maximum wall sign area is increased to
2.50 square feet per lineal foot of building frontage if the building is more than
200 feet from the public right-of-way.
(3) Changeable message. Manual and mechanical changeable message signs are
allowed for both residential and non-residential uses, but projected image signs
are prohibited. For residential uses, electronic message signs are limited to
static message display with instantaneous change of message. Non-residential
use electronic signs are also limited to static message display, but the transition
from one message to the next may occur by scroll, travel, fade, or dissolve
effects completed within a maximum two seconds. These allowed forms of
changeable message may be utilized for any portion of authorized sign area.
(d) Mainland commercial, industrial, and public districts. On-premises non-exempt
signs within mainland commercial, industrial, and public zoning districts (Com,
HC/LI, Ind, Public) shall comply with the following additional standards:
(1) Residential uses. Residential uses are allowed the same signage as residential
uses in the mainland residential districts.
(2) Non-residential uses. Commercial subdivisions are allowed the same
development entrance signage as residential subdivisions. Other principal non-
residential structures on a development parcel are allowed the following signage:
a. Freestanding signs. Freestanding signs are limited by characteristics of the
development parcel as follows:
1. Quantity and spacing. One freestanding sign structure is allowed per
individual parcel street frontage and one additional structure for each full
acre in development parcel size above two acres, but a maximum four
sign structures are allowed regardless of frontage or acreage. The
structures shall be placed no less than 200 feet from any other non-
exempt sign structures on the same development parcel, excluding
billboards.
2. Area and height. A maximum 1.00 square foot of freestanding sign area
is allowed per lineal foot of parcel street frontage, and a minimum total of
50 square feet is allowed for any development parcel regardless of street
frontage. If the on-premises freestanding signage for an entire parcel is
limited to one sign structure, the total sign area from all parcel street
frontage is available to that structure, subject to area limits applicable to its
location. Regardless of street frontage or number of sign structures, the
maximum sign area and height for all individual freestanding signs is
additionally limited by the size of the parcel and the classification of the
street to which the sign structure is closest according to the following:

Supp. 15 LDC 5:49

 Maximum Sign Area
per individual support
Sign Location structure and Maximum
by street classification development parcel area Sign Height
8 acres or greater than
less 8 acres
Interstate
250 sq.ft. 375 sq.ft. 50 ft.
(within 125 ft. of right-of-way)
arterial or 4-lane street 250 sq.ft. 300 sq.ft. 35 ft.
collector street not 4-lane 150 sq.ft. 225 sq.ft. 25 ft.
local street 100 sq.ft 150 sq.ft 20 ft.

b. Wall signs. A maximum 2.25 square feet of wall sign area is allowed per
lineal foot of building frontage at grade. The maximum wall sign area is
increased to 2.50 square feet per lineal foot for any building frontage facing
an arterial or four-lane street, and is increased to 2.75 square feet per lineal
foot for any building frontage more than 200 feet from the public street right-
of-way. A minimum 20 square feet is allowed for any individual tenant
frontage of a multi-tenant building.
(3) Changeable message. The following forms of changeable message may be
utilized for any portion of authorized sign area, except that electronic message
area is limited to 50 percent of the total sign area on a single structure and to one
sign on that structure:
a. Residential and non-residential. For both residential and non-residential
uses, manual and mechanical changeable message signs are allowed.
b. Residential. For residential uses, projected image signs are prohibited and
electronic message signs are limited to static message display with
instantaneous change of message.
c. Non-residential. For non-residential uses, projected image signs are
allowed and electronic message signs may employ all display features and
functions except flashing, pulsating, or full motion video display.
(e) Perdido Key districts. On-premises non-exempt signs within Perdido Key zoning
districts shall comply with the following additional standards:
(1) Residential districts. Uses in the Perdido Key residential zoning districts (LDR-
PK, MDR-PK, HDR-PK) are allowed the same signage as uses in the mainland
residential districts.
(2) Commercial districts. Uses in the Perdido Key commercial zoning districts
(Com-PK, CC-PK, CG-PK, PR-PK) are allowed the same wall signage allowed
for mainland commercial zoning districts, but only 50 percent of the freestanding
sign area. The maximum area of any individual freestanding sign is 100 square

Supp. 15
LDC 5:50
 feet and the minimum spacing between all non-exempt freestanding signs on the
same development parcel is 300 feet.
(3) Changeable message. Changeable message signs, excluding projected image
signs, are authorized for both residential and non-residential uses, but each sign
is limited to 32 square feet in area.
(f) Pensacola Beach districts. On-premises non-exempt signs for any establishment
within Pensacola Beach zoning districts may be wall signs, freestanding signs, or
both and shall comply with the following additional standards:
(1) Sign construction.
a. Colors and logo. The colors of the main lettering and background of all
signs shall be limited to the color options adopted by the SRIA, except up to
one-third of a sign’s area may include an establishment’s logo, which may
include the name or special color scheme of that establishment. Any exterior
portion of a structure that deviates in color from the main part of the structure
and represents the establishment’s color scheme or logo is considered to be
signage.
b. Attached lettering. All permanent signs shall incorporate the use of
attached lettering. The use of plywood with painted-on lettering is not
permitted.
(2) Single-family uses. Residential subdivisions for single-family detached or
attached (townhouse) dwellings are allowed up to two signs at each development
entrance. Each sign is limited to a maximum 32 square feet in area and six feet
in height.
(3) Multi-family and non-residential uses. Multi-family residential developments
and non-residential establishments are allowed the following signage:
a. Freestanding signs.
1. Quantity. One freestanding sign is allowed per master lease agreement
or multi-tenant development.
2. Area and height. Total freestanding sign area on a single structure shall
not exceed 65 square feet. Signs are encouraged to be low and
horizontal in character. The top and bottom of a freestanding sign shall
not exceed 14 feet and six feet, respectively, above the crown of the
nearest street. However, establishments whose principal structures are
750 feet or more from the street right-of-way may have freestanding signs
up to 18 feet high.
3. Placement. Freestanding signs shall be placed within or directly adjacent
to a landscaped area which shall not be smaller than the face area of the
sign itself.
4. Portable signs. Portable signs are limited to temporary A-frame or
sandwich board signs, which shall be permitted subject to the established
written policies of the SRIA.

Supp. 15 LDC 5:51

 b. Wall signs.
1. Area and quantity. The maximum area allocated to all wall signs on a
building shall not exceed 10 percent of the building wall surface area
facing the addressed street, except that buildings with more than one
street front may have wall sign area up to 15 percent of the wall surface
facing the addressed street. The wall surface area from which sign area is
determined may include the roof surface when its slope is steeper than 45
degrees. The available wall sign area may be allocated to one or more
wall signs mounted on a vertical wall surface, but no individual wall sign
shall exceed 200 square feet, and within any multi-tenant development,
each tenant is limited to 16 square feet regardless of the building total.
2. Lighted canopies. Lighted canopies displaying the name of the
establishment require a color rendering of the proposed canopy, including
dimensions of the canopy and the building to which it will be attached, to
be presented for approval according to the established written policies of
the SRIA.
3. Window signs. Interior electric signs used as window signs are limited to
a total of six square feet per establishment.
c. Changeable message. Changeable message signs, excluding projected
image signs, are allowed if incorporated into the main sign and limited to no
more than one-third of its area.

Sec. 5-8.9 Off-premises permanent signs (billboards).

Unless authorized in this article as temporary or exempt, an off-premises sign shall be
regulated as a billboard and comply with the additional provisions of this section. The
placement of a billboard does not require a minimum lot area or the presence of a
principal structure on the site, but shall be subject to the following limitations:
(1) Maximum number. The maximum number of permitted billboard structures
within the county is limited to the number existing or having received county
approval as of December 12, 2001, and those additional structures allowed for
replacement of billboard structures removed along scenic highways as provided
in this section.
(2) New billboards. A building permit for the construction of a new billboard
structure may only be issued after the removal of an existing billboard structure is
confirmed. Confirmation may be in the form of a photograph submitted by the
applicant or a site inspection by county personnel. Upon removal confirmation a
certificate shall be issued to the owner of the removed structure who may
redeem the certificate for a building permit to construct a new billboard structure,
hold it for future redemption, or convey it to a third party for redemption.
(3) Removal along scenic highways. Notwithstanding the maximum number of
permitted billboards, the removal of an existing billboard structure along an
officially designated scenic highway will entitle the owner of the removed

Supp. 15
LDC 5:52
 billboard to purchase building permits for construction of two new billboard
structures at other locations complying with the provisions of this article.
(4) Area and height. The maximum sign area and height for an individual billboard
structure is limited by the classification of the street to which the sign structure is
closest according to the following:
Maximum Sign Area
Billboard Location Maximum
per individual support
by street classification Sign Height
structure
Interstate
(within 125 ft. of right-of- 378 sq.ft. 50 ft.
way)
arterial or 4-lane street 378 sq.ft. 35 ft.
all other streets 100 sq.ft. 20 ft.

(5) Placement.
a. Zoning. Billboards are prohibited within all residential, Perdido Key, and
Pensacola Beach zoning districts, and within all areas zoned Gateway
Business District (GBD), Gateway Mixed Use District (GMD), Gateway
Industrial District (GID), or Industrial Commerce Park District (ID-CP) prior to
adoption of any mainland Commercial (C), Heavy Commercial and Light
Industrial (HC/LI), or Industrial (I) zoning.
b. Proximity to residential. In addition to the prohibition within residential
zoning districts, no billboard shall be located within 100 feet of any
residentially zoned (RR, LDR, MDR, HDR) property as measured along a
right-of-way. The distance shall be measured from a point where a horizontal
line extending from the billboard is perpendicular to the right-of-way, to the
point of intersection of the residential district boundary with the right-of-way.
c. Right-of-way setback. The minimum setback of a billboard from a public
street right-of-way is 15 feet to the nearest edge of the sign.
d. Spacing. The distance between billboard structures on the same side of any
street other than an interstate shall be no less than 1000 feet. The distance
for billboards adjacent to and facing the same side of an interstate highway
shall be no less than 2000 feet. Additionally, no billboard structure may be
located adjacent to or within 500 feet of an interchange or rest area as
measured along the interstate from the beginning or ending of pavement
widening at the exit from or entrance to the main travel way.
e. Scenic roadways. No part of a billboard shall be visible from or located
within 500 feet of the right-of-way of any scenic roadway designated in the
Escambia County Comprehensive Plan, specifically including Scenic Highway
(SR 10A), Perdido Key Drive (SR 292), and any scenic highway designated
by the State of Florida.

Supp. 15
LDC 5:53
 f. Conflicting locations. Permits for billboards are generally issued on a
first-come, first-served basis. Where the proximity of proposed billboards
requiring state permitting would only allow one to be constructed, the location
first granted state approval will be first eligible for county approval.
g. New streets. Permits for billboards along a new public street shall not be
issued until the commencement of general traffic flow on the street.
(Ord. No. 2018-18, § 3, 4-5-2018)

Article 9 Miscellaneous standards.

Sec.5-9.1 Purpose of article.
This article establishes additional land development standards that implement
Comprehensive Plan policies for minimizing the adverse impacts of development on
adjoining uses and resources, and various implementing standards not otherwise
provided in this chapter.

Sec. 5-9.2 Adverse off-site impacts.

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

(2) Maximum permissible sound levels. No manufacturing or commercial use

shall operate or cause to be operated any source of sound in such a manner as
to create a sound level which exceeds the limits set forth below at the time of
land use certificate/site plan review, the applicant may be asked to certify the
intent to meet the specified standard:
Sound Level Limits
Use Occupancy Time Sound Level Limit dB
Commercial/ 7:00 a.m.--10:00 p.m. 75
tourist 10:00 p.m.-- 7:00 a.m. 70
Manufacturing
At all times 60
ID-P
6:00 a.m.--10:00 p.m. 95
ID-1 or ID-2
10:00 p.m.-- 6:00 a.m. 85

(3) Hours of operation.

a. Mining, borrow pit, resource extraction, and reclamation activities (including
land clearing debris disposal) that require trucks and heavy equipment to
traverse through residential areas as their only access path to pit operations

LDC 5:54
Supp. 15
 are limited to the hours between 6:00 a.m. and 6:00 p.m. Monday through
Friday and between 8:00 a.m. and 2:00 p.m. on Saturday.
b. Mining, borrow pit, resource extraction, and reclamation activities (including
land clearing debris disposal) that access their operations without traversing
through residential areas (i.e., via principal and minor arterial roadways) are
limited to the hours between 6:00 a.m. and 6:00 p.m. Monday through
Saturday.
c. Exceptions to the above noted operating hours may be authorized by federal,
state, and/or county authorities in cases of emergency or when determined by
such authorities to best serve the public interest. Any exceptions require
written approval by the county administrator, or his/her appointed designee,
specifying the reason and allowed timeframe(s) for the exception.
(4) Exemptions. The following uses or activities are exempt from the noise level
regulations noted above, and chapter 1-20.3:
(5)
a. Construction operations for which building permits have been issued,
provided that such operations are limited to the hours between 5:00 a.m. and
one hour after sunset, except that on Pensacola Beach:
1. No outside construction may begin before 6:30 a.m., if within 200 ft of an
occupied residence; and
2. Owner-occupied single-family detached houses are exempt from the
above restriction.
b. Safety signals, warning devices, bells and chimes of churches.
c. Noise from emergency vehicles, or noises resulting from emergency works.
d. All noises coming from the normal operation of trains, aircraft, or vessels
operated upon the waters within or adjacent to Escambia County.
e. Activities at Five Flags Speedway and/or other legally constructed and
operated tracks or courses for competitive motor sports.
(a) Vibrations. Every use, excluding initial construction activities, shall be so operated
that ground vibration inherently and recurrently generated is not perceptible, without
instruments, at any point on the property line of the property on which the use is
located.
(b) Air pollutants.
(1) Smoke. Every use shall be operated so as to prevent the emission of smoke as
specified in F.A.C. Ch. 17-2, as amended, "Rules of Department of Environment
Regulations: Air Pollution."
(2) Particulate matter including dust. Every use shall be operated so as to
prevent the emission into the air of dust or other solid matter as specified in
F.A.C. Ch. 17-2, as amended, "Rules of Department of Environmental Protection:
Air Pollution."

Supp. 15 LDC 5:55

 (3) Odor. Every use shall be operated so as to prevent the emission of
objectionable or offensive odors in such concentration as to be readily
perceptible at any point at or beyond the lot line of the property on which the use
is located, as specified in F.A.C. Ch. 17-2, as amended, "Rules of the
Department of Environmental Protection: Air Pollution."
(c) Fire and explosive hazards. All operations, activities and uses shall be conducted
so as to comply with the rules and regulations of the National Fire Code published
by the National Fire Protection Association as well as F.A.C. Ch. 4A, as amended,
"Rules of the Marshal." If there is a conflict between the two, the more stringent
regulation applies. In no case shall hazardous or potentially hazardous materials be
stored or located in residential zones or within 500 feet of any residential zone.
(d) Glare. No operation or activity shall be conducted so as to cause or create glare in
excess of 0.5 foot-candles in a residential district, whether from a direct or indirect
light source. No operation or activity shall create safety hazards through the
impairment of motorist's vision or simulation of traffic control devices (including
strobe lights and any outside display, sign, window display or other device), or
otherwise interfere with the safety of the traveling public. Tri-changing signs and
electronic message centers are allowed provided such signs comply with the
standards of Article.
(e) Solid waste. Refuse and waste removal areas shall be buffered and/or screened
from adjacent properties and public ways by appropriate fences, wall or hedges. In
cases where dumpsters must be located in areas highly visible from any public right-
of-way, the Planning Official shall be authorized to require appropriate vegetative or
structural screen to shield an unsightly condition.
(f) Nuisances. The following conditions, existing, permitted, maintained, or caused on
real property in Escambia County shall be prohibited. The existence of such
conditions shall constitute prima facie evidence of maintaining a nuisance, injurious
to health and such conditions shall not be deemed to be all inclusive.
(1) The creation or maintenance of any condition capable of breeding flies,
mosquitoes, or other arthropods capable of transmitting diseases directly or
indirectly to humans.
(2) The accumulation of rubbish, trash, garbage, or solid waste materials in violation
of any state law, regulation or ordinance of Escambia County.
(3) The existence of any building or other structure or real property, or premises on
which a structure is located, which is unsafe and a menace to the health, safety,
or general welfare of the residents of Escambia County, or which is deteriorated
or dilapidated.
(4) The accumulation of in excess of one inoperable vehicle on an individual lot or
parcel at any one time. Exempt from this provision shall only be duly licensed
junk or salvage yards and vehicles under repair at a duly licensed automotive
repair shop. Also, exempt from this provision are duly permitted used car lots,
provided that any inoperable vehicles, in excess of one such vehicle, are not
visible from the public right-of-way or adjacent property.

Supp. 15 LDC 5:56

 Sec. 5-9.3 Exterior lighting.

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

Sec. 5-9.4 Fences.

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

Transparent Materials Which Do Not

Opaque Materials
Obstruct Light, Air and Visibility
Front yard 3 feet 4 feet
Side yard 8 feet 8 feet
Rear yard 8 feet 8 feet

Barbed wire and electrified fences are permitted in A RR and RMU rural districts.
Below-ground electrified fences are permitted in all residential districts. Above-
ground electrified fences are permitted in residential districts provided that such
fences are located inside, are completely enclosed and do not come in contact with
a perimeter fence erected according to the height standards above. Electrified
fences in residential districts shall be of the type that are permitted under the
electrical building code listing and shall also meet fence height standards for regular
fences.
Height shall be measured and averaged at regular intervals along the property line.
The final height shall be determined by averaging the dimensions obtained at 8-foot
intervals along the property line. Height includes height of the berm and sloping
grounds.
(b) Fence setbacks. Fences shall be permitted to the street right-of-way or marine/
estuarine/riverine setback (MERS) line and common property lines. No fence shall
be permitted to obstruct visual clearance along a right-of-way. See "Visual
Clearance Along Rights-of-Way and at Sight Triangle Intersections." No fence or
hedge shall be constructed or installed in such a manner as to interfere with
drainage on the site.
(c) Permitted fence materials. Suitable fence materials are as follows: masonry, chain
link, chain link with slatting, wood, cast iron, aluminum, plastic, and precast concrete.
(d) Fence heights in commercial and industrial districts. There is no maximum
height for fences in commercial districts except that barbed wire is permitted only on
top of a solid or chain link fence at least six feet in height. Where a commercial
district borders a residential district, a fence may be constructed to a maximum

Supp. 15
LDC 5:57
 height of eight feet on the property line contiguous to the residential district. The
method of measurement shall be the same as for residential district fences.
(e) Fences on Pensacola Beach.

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

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

(3) Height. Fences shall not exceed the maximum heights as follows. The overall
height of the fence is measured from the average elevation of the finished grade.
a. Front yard - three feet.
b. Side yard - six feet.
c. Rear yard - six feet.
(4) Waterfront. Fences to be erected on lots having water frontage must be
approved by the AEC prior to construction. Each proposal will be considered on
its own merit. Fences to be erected seaward of the coastal construction control
line must have FDEP permit.
(5) Design. All such structures shall be in harmony with surrounding property.
(6) Standards for solid wooden fences.
a. Palings to be not less than three-quarter-inch actual thickness and attached
with two galvanized nails per connection (no staples).
b. Stringers to be No. 2 grade or better; two by four inch nominal size pressure
treated pine; and three stringers to be used with fences more than three feet
in height.
c. Posts to be not less than four inches by four inches (square) nominal size or
six inches in diameter (round) and treated for below grade penetration;
spaced not more than eight feet apart; and not less than four-foot penetration,
or 2.5 feet penetration below grade if set in concrete.
(7) Approval.
a. Applications for fence approvals shall include fence details showing cross
sections, elevations and materials to be used.
b. If survey by registered Florida surveyor is not furnished to the county, such
fence is erected at lessee's own risk.
c. Fence construction shall require a final inspection by SRIA staff.
(Ord. No 2016-21, §, 1, 5-5-2016)

Supp. 15
LDC 5:58
 Sec. 5-9.5 Corridor Preservation.
(a) Standard Right-of-way. Within any Project Development and Environmental
Impact study for a capacity improvement project, standard right- of-way shall be
considered as follows:
Major Collectors 80’
Major Arterials 125’
Beltways 300’

(b) Setback Regulation. Escambia County shall, through zoning district provisions in
the CPA 2007-02D Transportation Corridor Preservation Ordinance, apply setbacks
that will aid in the protection of existing and future rights-of-way, including
transportation corridors, from building encroachments.
(c) Density and Intensity Regulation. Escambia County shall regulate density and
intensity within the existing or designated transportation corridor areas that may
interfere with right-of-way needs.
(d) Right-of-way Set Aside. Escambia County may require the set aside of right-of-way
necessary to comply with programmed roadway widening or, as necessary, for
proposed transportation corridors.
(e) Scenic Roadway Designation. Because of the unique scenic character and related
historic and tourist significance, Scenic Highway (SR-10A) and Perdido Key Drive
(SR 292) are designated “scenic roadways.” Parcels adjacent to these rights-of-way
shall be the subject of specific sign controls in the CPA 2007-02D Transportation
Corridor Preservation Ordinance.
.

Supp. 15
LDC 5:59
 Chapter 6
DEFINITIONS
Sec. 6-0.1 Purpose of chapter.
Sec. 6-0.2 Definitions established.
Sec. 6-0.3 Terms defined.

Sec. 6-0.1 Purpose of chapter.

This chapter establishes the definitions of selected terms used within the Land
Development Code (LDC) necessary for the intended and consistent application of its
provisions to all land uses and development activities within Escambia County. The
definitions correspond to those of related regulations where possible, but they are
established only for the purposes of the LDC and are not necessarily the same as
definitions established for the purposes of building codes, state licensing, or other
regulations.

Sec. 6-0.2 Definitions established.

(a) Generally. The definitions of terms established within the LDC are typically in
general use for the practice of growth management, land use planning, zoning,
engineering, environmental science, and related professional practices. Sources for
these definitions include Florida Statutes, Florida Administrative Code, the Escambia
County Comprehensive Plan, publications of the American Planning Association,
and model ordinances.
Once defined in the LDC a term’s use shall be consistent with that definition
throughout the code. Terms not defined in the LDC, or not having acquired a
meaning by other applicable regulatory definition or judicial construction, shall be
understood according to their usual, ordinary, and customary meanings.
(b) Amending definitions. The addition, modification, or deletion of definitions within
the LDC shall be according to the text amendment process prescribed in Chapter 2
and the following guidelines:
(1) When to define. A term intended to be understood according to its usual,
ordinary, and customary meaning needs no further definition within the LDC.
(2) Where to define. A term used once or only in one section of the LDC should be
defined in context where used, but if used in several sections or throughout the
LDC it should be defined within this chapter.
(3) Different meanings. The definition of a term should include all intended
meanings and distinguish them as needed with such phrases as “for the
purposes of . . ,” and “as used in this section . . .”
(4) No regulation. A definition should only explain the meaning of a term.
Regulations regarding the term are established separately within the LDC.

LDC 6: 1
Sec. 6-0.3 Terms defined.
As used within the LDC, the following terms have the meanings established here:

-A–

Accessory structure. A building or other structure that is subordinate in extent and

purpose and customarily incidental to the principal structure on the same lot, and is
typically detached from it.
Accessory dwelling unit. A dwelling unit that is an accessory structure to a single-
family dwelling.
Accessory use. A use of land or structure that is subordinate in extent and purpose,
and is customarily incidental to the principal use on the same lot. The term “accessory
use” includes support services and functions for employees, customers, tenants and
visitors customarily associated with the principal use.
Act of God. An act caused by the direct, immediate, and exclusive operation of the
forces of nature, uncontrolled and uninfluenced by the power of man, without human
intervention, and of a character that it could not have been prevented or escaped from
by any amount of foresight or reasonable degree of care or diligence.
Addition. As applicable to building construction, any walled and roofed expansion of a
building that increases the existing building height, length, width, floor area, or site
coverage. If an expansion is connected to a building by a firewall, or is separated by
independent perimeter load-bearing walls, it is considered new construction and not an
addition.
Adult day care center. A state licensed facility, whether operated for profit or not,
which provides basic services for part of a day to three or more persons who are 18
years of age or older, who are not related to the facility owner or operator, and who
require such services. As used here, basic services include providing a protective
setting that is as non-institutional as possible, therapeutic programs of social and health
activities and services, leisure activities, self-care training, rest, nutritional services, and
respite care.
Adult entertainment establishment. An adult theater, adult bookstore, adult
performance establishment, or other adult use or activity as defined in the Adult
Entertainment Code of Chapter 18, Businesses, Part I, Escambia County Code of
Ordinances.
Adult family-care home. A state licensed, full-time, family-type living arrangement in a
private home under which a person who owns or rents the home provides room, board,
and personal care on a 24-hour basis for no more than five disabled adults or frail
elders who are not relatives. An adult family-care home is a form of household living.

LDC 6: 2
Supp. 15
Affordable housing. Housing with monthly rents or monthly mortgage payments,
including taxes, insurance, and utilities, that do not exceed 30 percent of that amount
which represents the percentage of the median adjusted gross annual income
established by the state for extremely-low-income, very-low-income, low-income, and
moderate-income households as applicable.
Agent. A person authorized by contract or other valid authority to act for and under the
direction of another person, the agent’s principal, when dealing with third parties, and
who can enter into binding agreements on the principal's behalf.
Agricultural-related activity. An activity in support of or accessory to agriculture.
Agricultural processing, major. Activities involving a variety of processing operations
on crops after harvest, or on livestock, which typically generate dust, noise, odors,
pollutants, or visual impacts that can adversely affect adjacent properties. Such
activities include feedlots, slaughterhouses, rendering plants, large-scale mills,
refineries, canneries, and milk processing plants.
Agricultural processing, minor. Activities involving a variety of processing operations
on crops after harvest to prepare them for market, or for further processing or packaging
out of the agricultural area, and which cannot be characterized as major agricultural
processing. Such activities include cleaning, sorting, drying, roasting, hulling, shelling,
baling, custom milling, cotton ginning, packing and storing.
Agriculture or agricultural use. The active production of plants, animals or their
products through cultivation of soil, growing and harvesting of crops, or raising of
livestock. Agricultural crops include grains, legumes, oil seeds, roots and tubers, fibers,
fruits, nuts, vegetables and forages. Agricultural livestock includes dairy and beef
cattle, sheep, goats, pigs, poultry and horses. The terms “agriculture” or “agricultural
use” also include bees and apiary products, plant nursery and greenhouse products, the
breeding of animals, the storage of harvested products, and land devoted to soil
conservation. However, the terms do not include agricultural processing or packaging,
waste composting, silviculture or timber harvesting, aquiculture, or farm worker housing.
Airfield. Any area of land or water that is designed and set aside for the landing and
taking off of military aircraft.
Airport. Any land or water designed and set aside for the landing and taking off of
aircraft and used in the interest of the public for such purpose.
Airport or airfield 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.
Airport hazard area. Any area of land or water upon which an airport hazard might be
established.
Airport land use compatibility zoning. Airport zoning regulations governing the use of
land on, adjacent to, or in the immediate vicinity of airports.
Airport master plan. A comprehensive plan of an airport which typically describes
current and future plans for airport development designed to support existing and future
aviation demand.

LDC 6: 3
Supp. 15
Airport obstruction. Any existing or proposed object, terrain, or structure construction
or alteration that exceed the federal obstruction standards contained in 14 C.F.R. part
77, subpart C, as may be amended. The term includes: any object of nature 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’s height, including appurtenances, lateral
dimensions, and equipment or materials used in the structure.
Airport protection zoning regulations. Airport zoning regulations governing airport
hazards.
Alcoholic beverage. Any liquor, beer, wine, or other distilled spirits or beverages
containing one-half of one percent or more alcohol by volume.
Alley. A public or private right-of-way that affords a secondary means of access to the
back or the side of a lot otherwise abutting a street, and not intended or used for
general traffic circulation.
All-weather surface. A hard driving surface (e.g., asphalt, concrete, compacted gravel
or shell) designed and constructed to ensure adequate runoff of stormwater under
normal rainfall conditions and capable of withstanding normal weather conditions during
ordinary use without substantial deterioration.
Alteration. For the purpose of regulating structures, any change or modification that
would result in a change in height or lateral dimensions of an existing structure,
including cosmetic improvements, repairs, remodeling, and structural support changes.
Amusement, commercial. Any facility that is maintained or operated for the provision
of amusement, entertainment or recreation to the general public for a fee. Indoor
amusements include pinball machines, video games, and other games of skill or scoring
such as billiards. Outdoor amusements include miniature golf, automobile race tracks,
waterslides and amusement rides.
Amusement arcade. A business establishment open to the public and offering games,
rides, shows, or similar facilities and devices, typically operated by coin or token, for
entertainment or amusement purposes only. Such facilities and devices do not include
bingo games, gambling devices, or any devices prohibited by law.
Animal grooming service. A business providing bathing, clipping, combing or similar
grooming services to enhance the appearance or health of domestic animals, but not
including any overnight boarding of animals.
Animal shelter. A facility used to house or board stray, homeless, abandoned or
unwanted animals and that is operated by a public agency or a recognized non-profit
organization devoted to the welfare, protection, and humane treatment of animals.
Applicant. Any person, including the person’s agent, who submits an application to the
county requesting development approval or other consideration according to any of the
compliance review processes prescribed by the LDC.
Aquaculture. The growing and harvesting of freshwater and saltwater populations of
aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants under
controlled conditions.

LDC 6: 4
Supp. 15
 Aquifer. A groundwater bearing geologic formation that contains enough saturated
permeable material to yield significant quantities of water.
Arcade amusement center. A place of business operating as an arcade amusement
center in compliance with Florida Statutes and any county ordinances that define or
regulate such businesses.
Area of special flood hazard. The land within a floodplain subject to a one percent or
greater chance of flooding in any given year (the base flood), designated on the
community's Flood Insurance Rate Map (FIRM) as zone A, AE, AO, AH, V, or VE.
Assisted living facility. Any state licensed private home, boarding home, home for the
aged, or other residential facility, whether operated for profit or not, which provides
housing, meals, and one or more personal services for a period exceeding 24 hours to
one or more adults who are not relatives of the owner or administrator. As used here,
personal services means direct physical assistance with or supervision of the activities
of daily living, the self-administration of medication and other services which the state
may define, but not the provision of medical, nursing, dental, or mental health services.
An assisted living facility may be either household living or group living, according to the
type of facility and form of residential occupancy and may also be known as personal
care or residential care.
Automobile rental. The renting or leasing of passenger cars, vans, or light trucks
(gross vehicle weight rating no more than 8500 lbs), without drivers, for purposes of
routine conveyance of passengers, generally for short periods of time. Rental facilities
may include incidental storage or parking, and washing and servicing of vehicles for rent
or lease.
Automobile sales. The use of any building or land for the display and sale of new or
used passenger cars, vans, or light trucks (gross vehicle weight rating no more than
8500 lbs). Sales facilities may include vehicle preparation, repair work, rental, or
leasing conducted as an accessory use.
Avigation easement. An easement that gives a clear property right to maintain aircraft
flight operations in the airspace above the property.
Awning. A roof-like structure that projects from the wall of a building, cantilevered or
otherwise entirely supported from the building, and composed of a lightweight rigid or
retractable skeleton over which a cover is attached, typically to protect a doorway or
window from the elements.

-B-
Bar. An establishment or part of an establishment whose primary activity is the sale or
dispensing of alcoholic beverages by the drink to be consumed on the premises, but
where food or packaged liquors may also be sold or served. Bars may include the on-
premises production of alcoholic beverages and their distribution for off-site sales. The
term “bar” includes tavern, cocktail lounge, nightclub, and bottle club.

LDC 6: 5
Supp. 15
 Base flood. A flood having a one-percent chance of being equaled or exceeded in any
given year. The base flood is commonly referred to as the 100-year flood, the one-
percent annual chance flood, or the regulatory flood.
Base flood elevation. The elevation of the base flood, including wave height, relative
to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum
(NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM).
Batch plant. An industrial facility which produces or processes asphalt or concrete, or
asphalt or concrete products, for use in construction. Batch plants include facilities and
areas for the stockpiling of bulk materials used in production, or of finished products, but
not the retail sale of those products.
Beach. The area of unconsolidated geologic material that extends landward from the
mean low waterline to the place where there is a marked change in physiographic form
or material, or to the line of permanent vegetation, or to the waterward toe of the
primary dune, whichever is most waterward when not coterminous. The term “beach” is
limited to gulf, bay, sound, and estuarine shorelines.
Bed and breakfast inn. A family home structure with no more than 15 sleeping rooms
which has been modified to serve as a transient public lodging establishment, which
provides accommodations and only morning meal service to overnight guests, which is
typically the residence of the owner, and which is recognized as a bed and breakfast inn
by the hospitality industry.
Bingo facility. A facility where participants engage in lawful games of bingo in
compliance with Florida Statutes and any county ordinances that define or regulate
such games and facilities.
Board of Adjustment (BOA). The administrative board appointed by the Board of
County Commissioners to conduct quasi-judicial public hearings for LDC compliance
review of applications asserting special conditions or circumstances as prescribed in the
LDC; to make findings based on the evidence presented at those hearings; and to
approve, approve with conditions, or deny the applications.
Board of County Commissioners (BCC). The legislative body of the unincorporated
area of Escambia County, Florida.
Boarding house or rooming house. A public lodging establishment which provides
rooms to guests by prearrangement for definite periods, but not open to overnight
guests and not considered any other type of public lodging defined by the LDC. A
boarding house provides meals and rooms, as distinguished from a rooming house that
provides only rooms.
Boardwalk. An elevated pedestrian walkway typically constructed over or along a
waterfront, beach, or environmentally sensitive land, but not extending past the mean
high water line.
Bond. Any form of security, such as a cash deposit, surety bond, or instrument of
credit, in an amount and form satisfactory to the Board of County Commissioners.
Borrow pit. A site or parcel of property where soils, clays, gravel or other natural
deposits on or in the earth are removed, or have been removed, for use by the property
owner or another entity, typically with no processing except for screening to remove

LDC 6: 6
Supp. 15
 debris. A borrow pit may also be referred to as a mining site or a mineral or resource
excavation or extraction site.
Brewpub. A restaurant that brews beer primarily for sale and consumption on-site at
the restaurant as a secondary use. A brewpub may also sell beer “to go” or sell to a
distributor or off-site accounts for off-site sales.
Bridge. A structure, including supports, erected over a depression or an obstruction
such as water or a highway or railway; having a track or roadway for carrying traffic or
other moving loads; and having an opening, measured along the center of the roadway,
of more than 20 feet between under copings of abutments, spring lines of arches, or
extreme ends of openings of multiple boxes or pipes (culverts) where the clear distance
between contiguous openings is less than half of the interior width or diameter of the
smallest of such contiguous openings.
Broadcast station. A facility for over-the-air, cable, or satellite transmission of radio or
television programs to the public and which may include studios, offices, and related
broadcast equipment.
Buffer. A designated area with natural or manmade features functioning to minimize or
eliminate adverse impacts on adjoining land uses, including environmentally sensitive
lands.
Buildable area. The portion of a lot, exclusive of required yards, setbacks, buffers,
open space, or other regulatory limits, within which a structure may be placed.
Building. Any structure having a roof supported by columns or walls.
Building coverage. The total horizontal area measured within the outside of the
exterior walls or columns of the ground floor of all principal and accessory buildings.
Building line. The innermost edge of any required yard or setback.
Building Official. The representative of the county appointed by the Board of County
Commissioners to administer applicable building codes.
Building permit. A document issued by the Building Official authorizing the erection,
construction, reconstruction, restoration, alteration, repair, conversion, or maintenance
of any building or other structure in compliance with applicable building codes.
Bulk storage. Large capacity storage, as in warehouses, silos, and tanks, for massed
quantities typically not divided into parts or packaged in separate units.
Bus leasing/rental facility. A facility for the transient parking, storing, repairs,
servicing, leasing, and/or rental of passenger buses or motor coaches.
Business. Any commercial endeavor engaged in the production, purchase, sale, lease,
or exchange of goods, wares, or merchandise or the provisions of services.
Business day. Any calendar day, not including Saturdays, Sundays, or legal holidays
observed by the county, on which the offices of Escambia County are open for regular
business. A business day may also be referred to as a work day or working day.

-C-
Caliper. A standard measure of tree trunk diameter in inches applicable only to newly
planted trees and nursery stock. Trunk caliper is measured six inches above the
ground on trees four inches in diameter and smaller, and 12 inches from the ground for

Supp. 15 LDC 6: 7
 larger trees. See “Diameter at breast height (DBH)” for the appropriate measure of
established trees.
Campground. A place where one or more tents, cabins, or other structures,
recreational vehicles, or any other accommodations are established, operated, used or
offered as temporary living quarters or sites for resident members of the public for more
than 14 days in any calendar year. See also "Recreational vehicle park."
Canopy. A fixed roof-like structure typically constructed to provide protection from the
elements, but not retractable like an awning, and which may be cantilevered from a
building, partially self-supporting, or completely freestanding. A treecanopy is the
structure of branches and leaves that spread out at the top of a tree to form a cover that
intercepts sunlight and rainfall.
Capital improvement. Physical assets constructed or purchased to provide, improve,
or replace a public facility and which are typically large scale and high in cost. The
costs are generally nonrecurring and may require multiyear financing. Physical assets
that have been identified within the Comprehensive Plan as existing or projected needs
shall be considered capital improvements.
Capital improvement program or plan. A proposed schedule of future capital
improvement projects listed in order of construction priority, together with cost estimates
and anticipated means of financing for each project where appropriate, promulgated by
local, regional, state, or federal agencies with operational or maintenance
responsibilities within Escambia County.
Caretaker residence. A dwelling unit located on the premises of and accessory to a
non-residential principal use, and occupied as a residence by a caretaker or security
guard employed on the premises. The residence may be within a building housing the
non-residential use or separate from it.
Carnival-type amusement. One or more devices or elements which carry, convey, or
direct passengers along, around, over, or through a fixed or restricted course or in a
defined area for the primary purpose of giving the passengers amusement or
entertainment. The term “carnival-type amusement” includes carousels, bumper cars,
go-carts, roller coasters, and Ferris wheels; and water slides and inflatable attractions
exceeding 15 feet in height. The term does not include unpowered playground
equipment.
Carport. An accessory structure providing limited protection from the elements for
motor vehicles, boats, recreational vehicles, etc. The structure can be either
freestanding or attached to the principal structure as allowed by applicable building
codes.
Cemetery. A place dedicated to and used or intended to be used for the permanent
interment of human remains or cremated remains. A cemetery may contain earth
interment; mausoleum, vault, or crypt interment; a columbarium, scattering garden, or
other structure or place used or intended to be used for the interment or disposition of
cremated remains; or any combination of such structures or places. The term
“cemetery” includes incidental management and maintenance facilities, but does not
include funeral establishments or cinerators.

Supp. 15 LDC 6: 8
 Cemetery, family. A private, nonprofit cemetery owned for the benefit of and devoted
to the interment of members of a family, or relatives bound by family or similar personal
ties, to the exclusion of the public.
Certificate of Concurrency. A formal certification by the county that a development
plan complies with all level of service standards for the provision of adequate public
facilities concurrent with the proposed demands on those facilities.
Certification. A written statement by an agency or individual which provides
reasonable assurance of the existence of some fact or circumstance, but is not a
warranty or guarantee of performance, expressed or implied.
Certification, as built. Certification that post-construction conditions as of the date of
certification conform to the approved plans, and that the “as built” documents convey all
revisions and represent the actual construction site conditions.
Change of use. Any use of a structure or land that substantially differs from the
previous use, regardless of any change of ownership or tenancy.
Child care facility. Any state licensed child care center or child care arrangement
which provides child care for more than five children unrelated to the facility operator
and which receives a payment, fee, or grant for any of the children receiving care,
whether operated for profit or not. As used here, child care means the care, protection,
and supervision of a child for a period of less than 24 hours a day on a regular basis
which supplements parental care, enrichment, and health supervision for the child.
Child care facilities do not include summer camps, Bible schools conducted during
vacation periods, and transient public lodging establishments providing child care
services solely for their guests, and generally do not include public or nonpublic schools
or their integral programs.
Cinerator. A facility where human remains are subjected to cremation. As used here,
cremation means any mechanical or thermal process whereby such remains are
reduced to ashes and bone fragments. Cremation also includes any other mechanical
or thermal process whereby human remains are pulverized, burned, recremated, or
otherwise further reduced in size or quantity.
Club, civic or fraternal. A facility owned or operated by a group for social, cultural,
religious, educational, or recreational purposes, and to which membership is required
for participation, but not primarily operated for profit or to provide a service customarily
provided by a business.
Clustering. The grouping of dwellings within a development, primarily to reduce its
adverse impacts on the land and preserve additional open space.
Coastal construction control line (CCCL). The line established by the State of
Florida according to Florida Statutes, and recorded in the official records of Escambia
County, which defines that portion of the beach-dune system subject to severe
fluctuations based on a 100-year storm surge, storm waves or other predictable weather
conditions.
Coastal high-hazard area (CHHA). The area below the elevation of the category 1
storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes

LDC 6: 9
Supp. 15
 (SLOSH) computerized storm surge model. For the specific purposes of floodplain
management, a coastal high-hazard area is a special flood hazard area extending from
offshore to the inland limit of a primary frontal dune along an open coast, and any other
area subject to high velocity wave action from storms or seismic sources. Such coastal
high-hazard areas may also be referred to as velocity zones or high hazard areas
subject to high velocity wave action and are designated on the Flood Insurance Rate
Maps (FIRM) as flood zones V or VE.
Columbarium. A building or other structure that is substantially exposed above the
ground and intended to be used for the inurnment of cremated remains.
Commercial use. Any non-residential use or activity that is typically carried out for the
purpose of monetary gain, including any business use or activity at a scale greater than
a home occupation. As a land use category, the term “commercial use” refers to land
dedicated to non-industrial business uses, including retail sales, office, service, and
entertainment facilities.
Common ownership. Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association.
Community residential home. A dwelling unit licensed by the state to serve elderly,
disabled, juvenile or other state approved clients and which provides a living
environment for seven to 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. A
community residential home is a form of household living
Community service facility. A public or nonprofit facility generally open to the public
for assembly and participation in community activities. Community service facilities
include auditoriums, libraries, museums, senior centers, union halls and neighborhood
centers, but do not include places of worship, for-profit clubs, sports complexes, parks,
or offices other than those on-site for administration of the facility.
Compatible. A condition in which land uses, activities or conditions can coexist in
relative proximity to each other in a stable fashion over time such that no use, activity,
or condition is unduly negatively impacted directly or indirectly by another use, activity,
or condition.
Comprehensive Plan. The Comprehensive Plan of Escambia County (Part II,
Escambia County Code of Ordinances) prepared by the local planning agency and
adopted by the Board of County Commissioners according to Florida Statutes, and any
subsequent amendments to that plan.
Concurrency. The condition or circumstance that, at the time new demands are placed
on public facilities, facility capacities will meet or exceed the adopted level of service
(LOS) standards.
Conditional Use. A use that, because of its special requirements or characteristics,
may be allowed in a particular zoning district on a specific site only after the Board of
Adjustment confirms compliance with all conditions prescribed by the LDC as necessary
to ensure compatibility with surrounding existing or permitted uses.

Supp. 15 LDC 6: 10
 Condominium. A form of ownership of real property, created according to Florida
Statutes, which is comprised entirely of units that may be owned by one or more
persons, and in which there are jointly owned and shared areas and facilities.
Condo-hotel or condotel. A hotel or motel under a condominium form of ownership,
containing only individual lodging units permanently and wholly dedicated to full-time
public rental for transient occupancy, and permanently dedicated in its entirety,
including all common elements, to the complete control, management, and operation of
a single person or corporation. Such management may, however, permit the owner of
an individual unit to occupy the unit without rental charge for limited periods within a
calendar year.
Conforming use. Any use of land or structures that complies with all applicable
regulations of the LDC and the Comprehensive Plan.
Construction. The act of building, filling, excavation, or substantial improvement in the
size of any structure or the appearance of any land. When appropriate to the context,
the term “construction” refers to the act of construction or the result of construction and
may include vertical or horizontal improvements to land or structures.
Construction and demolition debris. Discarded materials regulated by the state as
construction and demolition debris, generally considered to be nonhazardous and not
water-soluble in nature, including steel, glass, brick, concrete, asphalt roofing material,
pipe, gypsum wallboard, and lumber from the construction or destruction of a structure;
and rocks, soils, trees, and other vegetative matter that normally results from land
clearing or land development operations. The term “construction and demolition debris”
does not apply to any mixture of construction and demolition debris with other types of
solid waste.
Convenience store. A small-scale retail establishment, typically with extended hours
of operation, that sells a limited line of groceries, household items, and other
convenience goods, and which may also sell automotive fuels.
Corner lots. A lot which abuts two or more streets at their point of intersection. There
shall be a front yard on one street side of a corner lot; provided, however, that the
buildable width of such lot shall not be reduced to less than 30 feet; provided further that
no accessory building on a corner lot shall project beyond the setback on any street.
Correctional facility. A public or privately operated facility for the detention or
confinement of persons arrested or convicted for the violation of civil or criminal law.
Correctional facilities include adult and juvenile detention centers, jails, and prisons.
Country club. A facility primarily for social and outdoor recreation purposes, usually
restricted to members and their guests, and which typically includes a clubhouse, dining
facilities, pro shop, locker rooms, and recreational facilities such as a golf course,
swimming pool, and tennis courts.
County. Escambia County, Florida, excluding those areas within the county that are
incorporated as the City of Pensacola or Town of Century, unless the context clearly
indicates otherwise.

Supp. 15
LDC 6: 11
 County Attorney. An attorney licensed to practice law in the State of Florida and
appointed by the Board of County Commissioners to serve as the attorney for Escambia
County.
Cul-de-sac. A local street with one end open to traffic and the other end terminated by
a vehicular turnaround. For the purposes of determining required minimum lot width,
the term “cul-de-sac” refers only to the vehicular turnaround at the closed end of the
street.
-D-
Day care. The provision of care, protection, and supervision for children or adults on a
regular basis away from their primary residence. Care is typically provided to a given
individual for fewer than 18 hours each day, although the day care facility may be open
24 hours each day. See "Adult day care center" and "Child care facility.”
dBA. The unit of filtered or corrected noise level measured in accordance with the a
weighted scale to more closely replicate the sound frequency response of the human
ear and measuring approximately the relative "noisiness" or "annoyance" of common
sounds.
Decibel (dB). A standard unit for measuring the relative loudness of sound, or sound
pressure, and approximately equal to the smallest degree of difference of that loudness
or pressure ordinarily detectable by the human ear.
De minimis. A level of risk that is too small to be concerned with, or a difference that is
too small to matter or be taken into consideration. For the purposes of services provided
by public facilities having established level of service (LOS) standards, the term “de
minimis” refers to a negligible or insignificant demand by a use on a level of service that
generally allows the use to be considered concurrent for that facility.
Density. An objective measure of development used to quantify population per unit of
land, such as people, dwelling units, or lodging units per acre. The term “density” refers
to units per gross acre unless other measures or units are clearly indicated.
Developer. An applicant, builder, contractor, landowner, subdivider, or other person
who undertakes development activities regulated by the LDC.
Development. The carrying out of any building activity or mining operation, the making
of any material change in the use or appearance of any structure or land, or the dividing
of land into three or more parcels (subdivision). The term “development” does not
involve the use of land for bona fide agricultural or silvicultural purposes, including
growing crops, trees, and other agricultural or forestry products, or raising livestock.
Other specific activities or uses involving or excluded from development are defined in
Florida Statutes (Ch. 380). For the purposes of floodplain management, development
means any man-made change to improved or unimproved real estate, including
buildings or other structures, tanks, temporary structures, temporary or permanent
storage of equipment or materials, mining, dredging, filling, grading, paving,
excavations, drilling operations or any other land disturbing activities.
Development agreement. An agreement between a developer and the county for
development approval or any other purpose according to Florida Statutes, the
Comprehensive Plan, and the LDC, and in a form approved by the county.

Supp. 15 LDC 6: 12
 Development approval. Written authorization from the county permitting development
subsequent to a demonstration of compliance with the provisions of the LDC and the
Comprehensive Plan by the applicant for development approval.
Development, multi-family. Development in which any combination of single-family,
two-family, or multi-family dwellings provide three or more dwelling units on a single lot.
Development, single-family. Development in which only one single-family dwelling is
allowed per lot, attached or detached, except where an accessory dwelling unit is
allowed with the principal single-family dwelling.
Development, two-family. Development in which only two single-family dwellings or
one two-family dwelling is allowed per lot.
Development order. Any order granting, denying, or granting with conditions an
application for a building permit, site development, subdivision, rezoning, certification,
variance, conditional use, or any other official action of the county having the effect of
permitting the development of land.
Development parcel. A lot of record, or a conforming lot verified according to the lot
conformance verification process of the LDC, or a lot created in compliance with the
family conveyance provisions of the LDC, or any number of such lots, contiguous and in
single ownership or under unified control for the purposes of development.
Diameter at breast height (DBH). A standard measure of tree trunk diameter in inches
applicable to established trees and measured four and one-half feet above the surface
of the ground at the base of the tree. For trees that lean, grow on slopes, fork at or
below DBH height, are multi-trunked, or present other difficulties in measurement, DBH
shall be determined according to International Society of Arboriculture (ISA) standards.
See “Caliper” for the appropriate measure of newly planted and nursery stock trees.
Dispensing organization. An organization approved by the State to cultivate, process,
transport and dispense low-THC cannabis.
Direct disposition. The cremation of human remains without preparation of the
remains by embalming and without any attendant services or rites such as funeral or
graveside services or the making of arrangements for such final disposition.
Disposal facility. A site where solid waste or debris is disposed of, whether by sanitary
landfilling, incineration, treatment, recovery, or recycling, and as further defined by
waste type in Chapter 82, Solid Waste, Part I, Escambia County Code of Ordinances.
Dock. A fixed or floating structure waterward of the mean high water line and used for
water access or securing vessels. A dock may also be referred to as a wharf or pier
and include moorings and boatlifts.
Dormitory. A residential building, but not a dwelling, used as group living quarters,
typically with shared kitchen and bathroom facilities, for a student body or religious
order and accessory to a college, university, boarding school, convent, monastery, or
similar institutional use.
Drive-in or drive-through service. A form of customer service that by design, physical
facilities, or operations of the providing establishment encourages or permits customers
to receive services, obtain goods, or be entertained while remaining in their motor
vehicles. Such service may be in conjunction with or exclusive of any other form of
service.

LDC 6: 13
Supp. 15
 Drugstore. A retail establishment that primarily sells prescription and nonprescription
drugs, medicines, and medical devices and supplies, but which may also sell
nonmedical products such as cards, candy, and cosmetics.
Dry cleaner. A facility primarily for cleaning fabrics, textiles, wearing apparel, or other
articles by immersion or agitation in volatile organic solvents.
Dune. A mound or ridge of loose sediments such as quartz sand, deposited by natural
or artificial mechanisms on Santa Rosa Island or Perdido Key, and typically vegetated.
The term “dune” does not include temporary stockpiles of materials.
Dune, primary. The first natural or manmade dune located landward of the beach with
sufficient vegetation, height, continuity, and configuration to offer protective value. The
landward extent occurs at the point where there is a distinct change from a relatively
steep slope to a relatively mild slope.
Duplex. A two-family dwelling.
Dwelling. A building that contains one or more dwelling units and may be
characterized as one of the following:
Detached dwelling. A dwelling that does not have any roof, wall, or floor in common
with, or is attached by any other means to, another dwelling.
Multi-family dwelling. A building that contains three or more dwelling units in any
arrangement, including triplex and quadruplex building forms and apartment and
condominium forms of tenancy and ownership.
Single-family dwelling. A building that exclusively contains one dwelling unit, in
either detached or attached building form.
Single-family attached dwelling. A single-family dwelling that is attached to one or
more other single-family dwellings by common vertical walls without openings, with
property lines separating each unit, and with each unit extending from foundation to
roof, having its own direct access to the outside, and having yards on at least two
sides.
Single-family detached dwelling. A single-family dwelling that is not attached to any
other dwelling by any means and is surrounded by open space or yards.
Two-family dwelling (duplex). A building that exclusively contains two dwelling units
in any arrangement.
Dwelling unit. One or more rooms used as a single unit within a building to provide
complete independent living facilities for the exclusive use of a single household,
including permanent provisions for living, sleeping, eating, cooking, and sanitation.

-E-
Easement. A limited right to use the land of another for a specific purpose, typically
granted to the benefit of adjoining landowners for public or private access, utilities,
drainage, or similar use over an area of land whose title remains in the name of the
landowner, subject to the designated right of use.
Educational facility. A public or private institution that provides academic instruction,
from basic education to specialized study and training. Educational facilities include
LDC 6: 14
Supp. 15
 preschools and kindergartens, primary and secondary schools, colleges and
universities, and trade and vocational schools.
Elevation. A vertical distance above or below mean sea level (MSL) or other fixed
reference level. For the purposes of building form, an elevation is a view of a building
seen from one side, typically represented through a scaled drawing of the front, rear, or
side facade and used to describe the external appearance of the building, including
such features as windows, doors, and relationship of floor level to grade.
Emergency service. A service for the emergency protection of public health, safety, or
general welfare, and the restoration of safe conditions, including law enforcement, fire
fighting, medical assistance and transport, search and rescue, and hazardous material
cleanup.
Emerald Coast Utilities Authority (ECUA). The independent special district created in
the Laws of Florida for the purpose of operating and maintaining utilities within
Escambia County and adjacent areas.
Encroachment. Any obstruction or intrusion beyond the plane of a property line,
setback, right-of-way, height limit or other vertical or horizontal regulatory limit. For the
purposes of floodplain management, an encroachment is the placement of fill,
excavation, buildings, permanent structures or other development into a flood hazard
area which may impede or alter the flow capacity of riverine flood hazard areas.
Entertainment. Leisure time activity, indoor or outdoor, that is predominantly spectator
oriented and typically provided on a regular schedule, such as the forms of activity
provided by theatres, concert halls, nightclubs, sports stadiums, vehicle race tracks, and
amusement parks.
Environmentally sensitive lands. Those areas of land or water determined by the
Board of County Commissioners to be necessary to conserve or protect natural habitats
and ecological systems. Those areas are specifically enumerated within the natural
resources provisions of Chapter 4.
Erosion. The process by which rainfall, wind and water dislodges soil particles.
Escrow. A surety posted with the county or an escrow agent to secure the promise to
perform required improvements.
Estuarine system. A semi-enclosed coastal body of water in which saltwater is
naturally diluted by freshwater, including bays, mouths of rivers, salt marshes, lagoons,
and sounds.
Exotic animal. Any member of a species of animal, reptile or bird, warm or cold
blooded, that is not indigenous to the county or is not classified or considered as wildlife
or a farm animal, including camels, emus, llamas, ostriches, and mink.

Supp. 15
-F-

LDC 6: 15
 Family day care home. A state licensed occupied residence in which child care is
regularly provided for children from at least two unrelated families and which receives a
payment, fee, or grant for any of the children receiving care, whether operated for profit
or not. See “Child care facility.”
Family foster home. A state licensed private residence in which children who are
unattended by a parent or legal guardian are provided 24-hour care. Family foster
homes include emergency shelter family homes and specialized foster homes for
children with special needs.
Farm animal. An animal that customarily is raised or kept in an agricultural rather than
an urban environment and has the potential for causing a nuisance if not properly
maintained, including poultry, dairy and beef cattle, bison, goats, horses, sheep, and
swine.
Farm equipment and supply store. A establishment selling, renting, or repairing
agricultural machinery, equipment, and supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, and other operations and processes
pertaining to farming and ranching.
Fence. A structural barrier constructed as a boundary for separation, confinement,
protection, screening, access control, or similar purposes.
Flood or flooding. A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters, or the unusual and
rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM). The official map of the community on which the
Federal Emergency Management Agency has delineated both special flood hazard
areas and the risk premium zones applicable to the community.
Flood insurance study (FIS). The official report provided by the Federal Emergency
Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary
and Floodway Map (if applicable), the water surface elevations of the base flood, and
supporting technical data.
Floor area ratio (FAR). An objective measure of the intensity of land use, calculated
by dividing the total gross floor area of all structures on a lot by the gross lot area.
Florida Building Code. The family of codes adopted by the Florida Building
Commission, applicable to all construction in Escambia County, and including the
Building, Residential, Existing Building, Energy Conservation, Fuel Gas, Mechanical,
Plumbing, Test Protocols, and Accessibility codes.
Footprint. The building area defined as the maximum combined area occupied by all
principal and accessory buildings, including elevated above grade parking facilities,
taken on a horizontal plane at the mean grade level, plus the outermost projections of
any story or floor, but not including uncovered entrance platforms, terraces, steps or
uncovered ground level parking lots.
Fraternity or sorority house. A residential building, but not a dwelling, used as the
group living quarters of an officially recognized college, university or seminary fraternity
or sorority and containing sleeping rooms, bathrooms, common rooms, and a central

LDC 6: 16
Supp. 15
 kitchen and dining room maintained exclusively for members of the fraternity or sorority,
and their guests or visitors.
Freestanding sign. Any sign that stands on its own, not attached to a building or a
fence, including pole signs, monument signs, and portable signs.
Funeral establishment. A state licensed facility where a funeral director or embalmer
practices funeral directing or embalming. The facility may include a chapel for the
conduct of funeral services and space for the display of caskets, urns, and related
funeral supplies, but the term “funeral establishment” does not include cinerators or
places for the permanent interment of human remains or cremated remains.

-G-
Garage. . A structure or part of a structure used or designed to be used for the parking
and storage of vehicles, and limited to non-commercial use if a private garage.
Golf course. A facility providing a course with at least nine holes improved with tees,
greens, fairways, and hazards for playing a game of golf. A golf course may include a
club house, driving range, pro shop, restaurant, lounge, shelters, and similar customary
and accessory uses to the play of golf.
Grade. The level, contour, or slope of the finished or natural surface of the ground.
Grading. The act of changing the grade of land.
Greenbelt. An open area that may be cultivated or maintained in a natural state
surrounding development or used as a buffer between land uses or to mark the edge of
an urban or developed area.
Grocery or food store. A retail establishment selling a variety of prepackaged food
products, staple foodstuffs, household supplies, and fresh food items such as meat,
produce, and dairy products.
Gross floor area (GFA). The sum of all horizontal areas of all enclosed floors of a
building measured from the exterior face of exterior walls, or from the centerline of a
common wall separating two buildings, including basement and attic floors, mezzanines,
hallways, closets, stairwells, space devoted to mechanical equipment, and enclosed
porches. Gross floor area excludes interior parking spaces and any space with a floor-
to-ceiling height less than six feet.
Groundwater. Water that fills all the unblocked voids of material below the ground
surface to an upper limit of saturation, or water which is held in the unsaturated zone by
capillarity.
Group home. A state licensed residential facility which provides a family living
environment for at least four, but not more than 15 residents, including supervision and
personal care necessary to meet the physical, emotional, and social needs of the
residents.
Group living. Residential occupancy of a building other than a dwelling by a non-
household group, with individual tenancy usually arranged on a monthly or longer basis.
Group living includes group occupancy of dormitories, fraternity or sorority houses, and

LDC 6: 17
Supp. 15
 facilities that provide special services, treatment, or supervision such as nursing homes,
assisted living facilities, and residential substance abuse treatment and hospice
facilities. Group living does not include any household living arrangement, any
occupancy of a dwelling, or any public lodging.
Grubbing. The removal of vegetation by methods such as digging, raking, dragging or
otherwise disturbing the roots of the understory vegetation.

-H-
Habitable floor. A floor usable for living, working, sleeping, eating, cooking, or
recreation, or any combination thereof. A floor usable only for storage purposes is not a
habitable floor.
Hardware store. A retail establishment primarily selling basic hardware lines, such as
tools, fasteners, plumbing and electrical supplies, paint, housewares, household
appliances, and garden supplies.
Hazardous material. A poison, corrosive agent, flammable substance, explosive,
radioactive chemical, or any other material that can endanger human or animal health
or well-being if handled improperly.
Hazardous waste. Solid waste, or a combination of solid wastes, which because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause or
significantly contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness, or may pose a substantial present or potential
hazard to human health or the environment when improperly transported, disposed of,
stored, treated, or otherwise managed. The term “hazardous waste” does not include
human remains that are disposed of by persons licensed under Florida Statutes.
Height. The overall vertical dimension of a structure or object as measured from the
highest adjacent grade, unless an alternative reference surface or elevation is
specifically prescribed by the LDC, such as base flood elevation plus freeboard, airport
or airfield elevation, or mean high water to mean roof height or top of structure.
Height, Mean Roof. The average of the roof eave height and the height to the highest
point on the roof surface, except that eave height shall be used for roof angle of less
than or equal to ten degrees (0.18 rad).
Highest adjacent grade. The highest natural elevation of the ground surface, prior to
construction, next to the proposed walls or foundation of a structure.
Historic/cultural resource. Any prehistoric or historic district, site, building, object, or
other real or personal property of historical, architectural, or archaeological value, and
folk life resources. These properties or resources may include monuments, memorials,
Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned
ships, engineering works, treasure trove, artifacts, or other objects with intrinsic
historical or archaeological value, or any part thereof, relating to the history,
government, and culture of the state.
Historic building or structure. A building or other structure that is any of the
following: Individually listed in the National Register of Historic Places maintained by
the U.S. Department of the Interior.
1. A contributing property in a National Register of Historic Places listed district.
LDC 6: 18
Supp. 15
 2. Designated as historic property under an official municipal, county, special district, or
state designation, law, ordinance or resolution either individually or as a contributing
property in a district.
3. Determined eligible by the Florida State Historic Preservation Officer for listing in the
National Register of Historic places, either individually or as a contributing property
in a district.
Home-based business. An activity carried out for the purpose of monetary gain by
one or more residents of a single-family dwelling and conducted as an accessory use
within the dwelling or its accessory structures at a greater scale or intensity than a home
occupation according to the requirements of the LDC for such uses.
Homeless shelter. A non-residential facility providing temporary housing and
assistance on a nonprofit basis to indigent, needy, homeless, or transient persons.
Assistance provided may include food, counseling, vocational training, and religious
instruction.
Home occupation. An activity carried out for the purpose of monetary gain by one or
more residents of a dwelling unit and conducted as an accessory use within the dwelling
unit or its accessory structures according to the requirements of the LDC for such uses.
Hospice facility. A state licensed facility operated by a hospice to provide a continuum
of palliative and supportive care for terminally ill patients. Hospice facilities do not
include long term care facilities, hospitals or other facilities licensed under other state
statutes.
Hospital. An establishment that offers services more intensive than those required for
room, board, personal services, and general nursing care; offers facilities and beds for
use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness,
injury, deformity, infirmity, abnormality, disease, or pregnancy; and regularly makes
available at least clinical laboratory services, diagnostic X-ray services, and treatment
facilities for medical treatment as required by the state. The term “hospital” excludes
medical clinics that only provide diagnostic and outpatient care.
Hotel. A public lodging establishment which contains sleeping room accommodations
for 25 or more guests, has an interior lobby with specified hours of operation, offers
daily or weekly rates, provides primary access to units from the building interior,
provides customary lodging services such as daily room cleaning and linen changes,
and is recognized by the hospitality industry as a hotel. Full service hotels may provide
meeting rooms, restaurants and lounges, entertainment, personal services, swimming
pools, retail shops, and other facilities and services incidental and subordinate to the
principal public lodging use. Resort hotels catering to the tourist and vacation industry
often provide a wider variety of recreational amenities. Extended stay hotels catering to
guests who need lodging for at least five nights offer more apartment-like
accommodations and amenities.
Household. One or more individuals occupying a dwelling unit as a single
housekeeping unit, with common access to and use of all areas for living, sleeping,
eating, cooking and sanitation within the unit. A household does not include any
society, club, fraternity, sorority, team, or similar association of individuals; or individuals
in a group living arrangement; or any occupancy other than of a dwelling unit.

LDC 6: 19
Supp. 15
 Household living. Residential occupancy of a dwelling unit by a household on a
monthly or longer basis. Household living includes household occupancy of all forms of
dwellings and households that provide special services, treatment, or supervision such
as community residential homes, family foster homes, and adult family-care homes.
Household living does not include any group living arrangement, any occupancy other
than of a dwelling unit, or any public lodging.
Hunting club. An area of land reserved for public or private hunting of wildlife and
accessory structures in support of those activities.
Hunting preserve. An area of land where captive-raised native and non-native game
animals are released and hunted as authorized by state regulations.
(Ord. No. 2015-44, § 5, 10-8-2015)

-I-
Impervious surface. Any surface that does not allow or only minimally allows the
infiltration of water. Such highly impermeable surfaces include structure roofs, regular
concrete and asphaltic pavements, and other surfaces for which runoff coefficients no
less than 0.90 are typically used for stormwater management calculations.
Impervious surface ratio. An objective measure of the intensity of land use
determined by dividing the total area of all impervious surfaces covering a lot by the
total area of the lot.
Improvement. Any manmade permanent item, fixture, or facility that becomes part of,
is placed upon, or is affixed to real property, including structures, street and alley
pavements, curbs and gutters, walkway pavements, water supply mains, sanitary
sewers, storm sewers or drains, permanent signs, landscaping, and permanent
reference monuments and control points.
Industrial-related activity. An activity in support of or accessory to industry.
Industry or industrial use. A use in which the primary activity is the manufacture of
materials or products, including their fabrication, assembly, rebuilding, treatment,
processing, finishing, extraction, reduction, and bulk storage. Industry or industrial use
may be further characterized as either of the following:
Heavy industry. An industry primarily engaged in the basic processing of materials
or products predominantly from extracted or raw materials, or an industry otherwise
having significant external effects or risks due to its scale of operations, processes
or materials involved, or outdoor activity or storage required. Heavy industry
includes salvage yards, solid waste transfer facilities, materials recovery facilities,
recovered materials processing facilities, recycling facilities, resource recovery
facilities, volume reduction plants, landfills, concrete and asphalt batch plants,
mineral extraction, paper mills, power plants, chemical plants, refineries, slaughter
houses, rendering plants, etc.
Light industry. An industry primarily engaged in the indoor fabrication,
compounding, processing, assembly, or treatment of finished or semi-finished
products from previously prepared materials or components in a manner which is

LDC 6: 20
Supp. 15
 unlikely to cause undesirable effects outside of the building enclosing the industrial
activity. Light industry includes research and development activities, printing and
binding, warehousing, and the manufacture of electrical appliances and electronic
equipment, apparel, food products, beverages, tools and hardware, furniture,
pharmaceuticals, etc.
Infill development. The development of new housing or other land uses on vacant or
underutilized land in existing developed areas, focusing on the reuse and renovation of
obsolete or underutilized buildings and sites.
Infrastructure. Facilities and services needed to sustain land use activities, including
streets, potable water service, wastewater service, solid waste facilities, stormwater
management facilities, power grids, telecommunication facilities, and public schools.
Intensity. An objective measurement of the extent to which land may be developed or
used, including the consumption or use of space above, on, or below the ground; the
use of or demand on natural resources; and the use of or demand on facilities or
services.
Invasive species. A non-indigenous or exotic species that is not native to the
ecosystem under consideration and that has the ability to establish self-sustaining,
expanding, free-living populations that may cause economic and/or environmental
harm, or harm to human health.

- J, K & L -
Junkyard. See “Salvage yard.”
Kennel. A facility in which domestic animals not owned by the owner or occupant of the
facility are housed, boarded, or trained for a fee or compensation, or where domestic
animals are bred or raised for sale. A kennel may include grooming incidental and
subordinate to the principal use, but not activities accessory to agricultural use.
Kindergarten. An educational facility that provides academic instruction to children in
preparation for admittance to elementary school first grade, and as further defined by
Florida Statutes.
Laboratory. A facility for scientific research, analysis, investigation, testing or
experimentation, but not for the manufacture or sale of products.
Land clearing. The act of removal or destruction of trees, brush, and other vegetative
cover on a site, but not including normal cultivation associated with agricultural
operations, or mowing, pruning, or other routine landscaping or lawn maintenance
activities.
Land clearing debris. Rocks, soils, and trees and other vegetative matter that
normally results from land clearing or site development operations, but not including
waste from landscape maintenance, right-of-way or easement maintenance, farming
operations, nursery operations, or any other sources not directly related to the land
clearing or site development.
Land Development Code (LDC). The Land Development Code of Escambia County,
Florida (Part III, Escambia County Code of Ordinances) as the assembled land
LDC 6: 21
Supp. 15
 development regulations of the county prepared by the local planning agency and
adopted by the Board of County Commissioners according to Florida Statutes.
Land disturbance. Any activity involving the clearing, cutting, excavating, filling, or
grading of land, or any other activity that alters land topography or vegetative cover.
Landfill. A disposal facility that requires state permitting and engineered environmental
protection systems for the placement of wastes. Landfills do not include land-spreading
sites, surface impoundment, injection wells, or construction and demolition debris or
land clearing debris disposal facilities with separate permitting requirements.
Landscape area. Pervious areas of preserved or installed living plants, including trees,
shrubs, ground cover, and turf grass that may be supplemented with mulch, bark,
decorative rock, timbers, stepping stones, and similar customary and incidental non-
living materials, excluding any area of vehicular use.
Land use. The development that has occurred on the land, the development that is
proposed for the land, or the use that is permitted or permissible on the land under the
Comprehensive Plan and LDC, as the context may indicate.
Level of service. An indicator of the extent or degree of service provided by, or
proposed to be provided by, a public facility based on the operational characteristics of
the facility and indicating a capacity per unit of demand for the facility.
Liner building. A relatively shallow building specifically designed to conceal the side of
a parking lot, parking garage, big-box retail, or other structure or area along a public
frontage and create spaces occupied by restaurants, shops, and other uses more
engaging to passersby.
Lodging unit. One or more rooms used as a single unit of lodging space rented to the
public in a public lodging establishment.
Long-term care facility. A nursing home facility, assisted living facility, adult family-
care home, board and care facility, or any other similar residential adult care facility.
Lot. The least fractional part of subdivided lands having limited fixed boundaries and
assigned a letter or number by which it may be identified. The term "lot" shall include
the words "plot", "parcel", or "tract".
Lot, corner. A lot having frontage on two or more streets at their intersection.
Lot frontage. Those sides of a lot abutting a street right-of-way.
Lot line. A property line bounding a lot and separating it from another lot, street right-
of-way, or any other public or private land. A lot line shall be one of the following:
Front lot line. A lot line separating a lot from a street right-of-way other than an alley
or, in the absence of a right-of-way, the lot line designated by the county as forming
the front of the lot and from which the front setback of the lot is measured.
Rear lot line. A lot line generally opposite and most distant from the front lot line,
and from which the rear setback of the lot is measured.
Side lot line. Any lot line that is not a front or rear lot line.

LDC 6: 22
Supp. 15
 Lot of record. A lot that is part of a subdivision that has been recorded in the official
records of Escambia County, or a lot or parcel described by metes and bounds, and the
description of which has been so recorded or accepted on or before February 8,
1996. A lot of record does not include contiguous multiple lots under single ownership.
Lot, waterfront. A lot abutting a navigable water body that is under daily tidal
influence. Along any part of the boundary, the lot may be separated from the water
body by encroachments that include easements, rights-of-way, and public shoreline
access, but the lot may not be separated from the water body by a dedicated road or by
more than ten feet of land under different ownership.
Low-Tetrahydrocannabinol or Low-THC cannabis. A plant of the genus Cannabis,
the dried flower of which contain 0.8 percent or less tetrahydrocannabinol and more
than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted
from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or
preparation of such plant or its seeds or resin that is dispensed only from a dispensing
organization.
Low THC marijuana dispensing facility. Means any building or structure where low-
THC is permitted to be dispensed at retail by an approved dispensing organization
pursuant to Section 381.986, Florida Statutes (2014) and Florida Department of Health
Rules.

-M-
Manufactured building. A closed structure, building assembly, or system of
subassemblies which may include structural, electrical, plumbing, heating, ventilating, or
other service systems manufactured for installation or erection, with or without other
specified components, as a finished building or as part of a finished building.
Manufactured buildings include residential, commercial, institutional, storage or
industrial structures constructed according to state standards, but do not include
manufactured (mobile) homes.
Manufactured (mobile) home. A complete, factory-built, single-family dwelling
constructed in conformance with federal Manufactured Housing Construction and Safety
Standards (the HUD Code) and transportable in one or more sections on a permanent
chassis for site installation with or without a permanent foundation. The term “mobile
home” refers to any manufactured home built prior to June 15, 1976 when the HUD
Code became effective. Manufactured homes do not include manufactured buildings,
modular homes or recreational vehicles.
Manufactured (mobile) home park. A multi-family residential use of an individually
owned parcel of land within which lots or spaces are offered for rent or lease for the
placement of five or more manufactured (mobile) homes. For the purposes of
floodplain management, the term “manufactured home park” may apply to as few as two
manufactured home lots for rent on a parcel.
Manufactured (mobile) home subdivision. A residential subdivision of individually
owned lots created according to the provisions of the LDC for the exclusive use of
manufactured (mobile) homes. For the purposes of floodplain management, the term

Supp. 15
LDC 6: 23
 “manufactured home subdivision” may apply to division into as few as two manufactured
home lots.
Manufacturing. The mechanical or chemical transformation of materials or substances
into new products, including the assembling of component parts, and the blending of
materials, such as lubricating oils, plastics, resins, or liquors.
Marijuana. Marijuana shall mean cannabis as defined in Section 893.02(3), Florida
Statutes. The term shall include “low-THC cannabis” as defined in Section 381.986,
Florida Statutes (2014).
Marina. A facility for the mooring, berthing, storing, or securing of watercraft, and which
may include other services such as sales of boat supplies and fuel, boat repair and
rental, and other uses incidental to the primary use. A marina may be classified as one
of the following:
Commercial marina. A public use marina which may include upland marina support
facilities for the servicing or repairing of watercraft, but does not include the activities
of industrial marinas.
Industrial marina. A marina which provides slips or moorings for major work on
watercraft, such as construction or rebuilding of boats, installations of new bottoms,
substantial structural additions, or alterations.
Private marina. A marina that is an amenity to a private residential development,
such as a subdivision or multifamily dwelling, and not for public use.
Market value. The price at which a property will change hands between a willing buyer
and a willing seller, neither party being under compulsion to buy or sell and both having
reasonable knowledge of relevant facts. For the purposes of the LDC, market value is
limited to the value of buildings and other structures, excluding the land and other
improvements on the parcel. Market value may be as established by a qualified
independent appraiser, “actual cash value” (replacement cost depreciated for age and
quality of construction), or tax assessment value adjusted to approximate market value
by a factor provided by the Property Appraiser.
Marquee. A permanent roofed structure attached to and supported by a building, and
projecting into public right-of-way, typically above an entrance to provide protection from
the elements.
Materials recovery facility (MRF). A solid waste management facility that provides for
the extraction from solid waste of recyclable materials, materials suitable for use as a
fuel or soil amendment, or any combination of such materials.
Mausoleum. A building or other structure that is substantially exposed above the
ground and used for the entombment of human remains.
Mean high water (MHW). The average height of the high waters over a 19-year period;
or for shorter periods of observation, the average height of the high waters after
corrections are applied to eliminate known variations and to reduce the result to the
equivalent of a mean 19-year value.

Supp. 15 LDC 6: 24
 Mean sea level (MSL). The average height of the surface of the Gulf of Mexico for all
stages of the tide, or the mean between high and low tides as established by the North
American Vertical Datum (NAVD) of 1988.
Medical clinic or office. A facility, other than a hospital, providing medical diagnostic
and treatment services to patients not requiring an overnight stay. Such clinics and
offices commonly have laboratory facilities and include doctor’s offices, diagnostic
centers, treatment centers, rehabilitation centers, and establishments providing surgical
and psychiatric services and emergency treatment.
Medical services. Professional services concerning human health maintenance and
the diagnosis and treatment of disease, injury, pain, and other adverse health
conditions. Medical services include the principal services provided by hospitals,
clinics, doctor’s offices, diagnostic facilities, medical laboratories, blood donation
centers, and other human health care facilities.
Medical use. Means the administration of the ordered amount of low-THC cannabis, as
defined by Florida Statutes. Medical use does not include the: possession, use, or
administration by smoking; or the transfer of low-THC cannabis to a person other than
the qualified patient for whom it was ordered or the qualified patient’s legal
representative authorized to receive it on the qualified patient’s behalf; or use or
administration of low-THC cannabis on any form of public transportation, in any public
place, in a qualified patient’s place of employment, if restricted by his or her employer,
in a correctional institution, on the grounds of any child care facility, preschool, or
school, or in any vehicle, aircraft, or motorboat.
Metes and bounds. A system of describing and identifying land by distances or
measures (metes) and bearings or direction (bounds) from an identifiable point of
reference, such as a monument or other marker or the corner of intersecting roads.
Microbrewery, microdistillery, microwinery. A facility in which beer, wine or other
alcoholic beverages are brewed, fermented, or distilled for distribution. Tasting rooms
for the consumption of on-site produced beer, wine, or distilled products are permitted
on the premises and must possess the appropriate license from the State of Florida.
Mineral extraction. Extraction of minerals from the earth, including rock, gravel, sand,
clay, oil, and gas, and any overlying materials extracted for the purpose of reaching
underlying minerals. The term includes all associated clearing, grading, construction,
processing, transportation, and reclamation on the extraction property.
Mini-warehouse. See “Self-storage facility.”
Mitigation. Methods used to alleviate, lessen, or compensate for adverse impacts.
Mixed-use development. The development of a tract of land or structure with a variety
of complementary and integrated uses, including residential, office, retail, entertainment,
recreation, and manufacturing, typically in a compact urban form.
Mobile home. See “Manufactured (mobile) home.”
Mobile vending unit. A motorized or non-motorized vehicle or portable structure used
to store, prepare, or serve food or beverages to the public, or to store, distribute, or sell
merchandise, goods, or wares to the public.

Supp. 15
LDC 6: 25
 Model home. A dwelling unit temporarily used for display purposes as an example of
the homes available or to be available for sale in a specific subdivision or offered by a
specific builder.
Modular home. A dwelling constructed on site in compliance with the Florida Building
Code and composed of components substantially assembled in a manufacturing plant
and transported to the building site for final assembly on a permanent foundation. A
modular home may also be referred to as a manufactured residential building.
Motel. A public lodging establishment which offers at least six rental units and daily or
weekly rates; has a central office on the property with specified hours of operation;
provides each rental unit with a bathroom or connecting bathroom, an exit to the
outside, and off-street parking; and is recognized as a motel by the hospitality industry.
Motels may provide facilities and services incidental and subordinate to the principal
public lodging use.
Motorsports facility. A closed-course speedway or racetrack designed and intended
for motor vehicle competition, exhibitions of speed, or other forms of entertainment
involving the use of motor vehicles, including motorcycles. For these purposes, a
closed course is a prescribed and defined route of travel that is not available at any time
for vehicular access by the general public and is closed to all motor vehicles other than
those of participants.
Motor vehicle. Any self-propelled vehicle not operated upon rails or a guideway and
designed primarily for the transportation of persons or property along public streets.
Motor vehicles include automobiles, vans, motorcycles, buses, trucks, and recreational
vehicles, but do not include bicycles, motorized scooters, mopeds, or farm and
construction equipment.
Motor vehicle service and repair, major. General repair, rebuilding or reconditioning
of motor vehicles, engines, or trailers, including body work, frame work, welding, and
painting.
Motor vehicle service and repair, minor. The repair, servicing or replacement of any
part of an automobile, van, light truck (gross vehicle weight rating no more than 8500
lbs), motorcycle, recreational vehicle or other consumer vehicle that does not require
the removal of the engine, engine head or pan, transmission, or differential, and does
not include painting and body work. Minor services and repairs include cooling,
electrical, fuel and exhaust systems; suspensions, brakes, wheels and tires; oil and
lubrication; and upholstery, trim and accessories.
Multi-tenant development. Any shopping center, office complex, business park or
other non-residential development in which two or more occupancies abut each other or
share common parking facilities or driveways or are otherwise related on a development
parcel.

LDC 6: 26
Supp. 15
 -N-
Native vegetation. Indigenous, naturally occurring plants, adapted to county climate
and soil conditions as determined through authoritative reference guides such as the
Florida-Friendly Plant List, University of Florida, IFAS Extension.
Natural resources. Resources provided by the natural environment, including air,
water, soils, wetlands, beaches, flood plains, forests, fisheries, wildlife, and any other
such resource identified by Florida Statutes for conservation and protection.
New construction. Structures or improvements for which the start of construction
commenced on or after the effective date of the LDC; except for the purposes of
floodplain management, construction commenced on or after May 26, 1970, the
effective date of the initial adoption of floodplain management regulations.
Nightclub. An establishment that allows or provides music, dancing, or entertainment
in combination with the activities of a bar.
Noncommercial. Any activity not done for a commercial aim.
Nonconforming or nonconformance. The status of any use, structure, site condition,
or lot that was lawfully established prior to the adoption or amendment of county land
development regulations, and maintained since that establishment, but fails by reason
of such adoption or amendment to comply with current land development regulations.
Nonconformance may also be referred to as a “grandfathered” status, but such status
does not signify unlimited continuation of nonconformance or protection of any unlawful
noncompliance with regulations.
Non-residential farm building. Any temporary or permanent building or support
structure that is used primarily for agricultural purposes, is located on land that is an
integral part of a farm operation or land classified as agricultural land by the county
property appraiser, and is not intended to be used as a residential dwelling.
Nonresidential farm buildings include barns, greenhouses, shade houses, farm offices,
storage buildings, and poultry houses.
Non-residential use. A use characterized by the absence of residences and the
presence of principal land uses that include retail sales and service, office, commercial,
industrial, civic, or recreation uses.
Nursery or garden center. An establishment for the growing, cultivation, storage, or
sale of flowers, shrubs, trees, or other plants. Wholesale nurseries typically supply
landscapers, builders and retail nurseries, but may include incidental retail sales. Retail
nurseries may include sales of fertilizers, soils, garden tools, and similar accessory
products.
Nursing home. A state licensed facility, including a private home, which provides
nursing services for a period exceeding 24-hours for persons not related to the facility
owner or manager, who by reason of illness, physical infirmity, or advanced age require
such services. Skilled nurses and nursing aides are present 24 hours a day, but the
term “nursing home” does not include any place providing care and treatment primarily
for the acutely ill.

LDC 6: 27
Supp. 15
 -O-
Off-highway vehicle. Any all-terrain vehicle, two-rider all-terrain vehicle, recreational
off-highway vehicle, or off-highway motorcycle as defined by the state that is used off
the roads or highways of the state and that is not registered and licensed for highway
use under state statutes.
Off-site. Located outside the lot or parcel boundary of the principal use.
Off-site parking. Parking provided for a specific use but located on a site other than the
one on which the use is located, including parking located on the same lot or parcel but
separated by a street or other physical barrier from the use it serves.
Off-street parking. Parking provided for a specific use, directly accessible from a drive
aisle, and not located within a street right-of-way.
On-site sewage treatment and disposal (OSTD) system. A system that contains a
standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a
graywater system tank; a laundry wastewater system tank; a septic tank; a grease
interceptor; a pump tank; a solids or effluent pump; a waterless, incinerating, or
organic waste-composting toilet; or a sanitary pit privy that is installed or proposed to
be installed beyond the building sewer on land of the owner or on other land to which
the owner has the legal right to install a system. OSTD systems do not include
package sewage treatment facilities and other treatment works regulated separately
under Florida Statutes
Open space. Land or portions of land preserved and protected, whether public or
privately owned, and perpetually maintained and retained for active or passive
recreation, for resource protection, or to meet lot coverage requirements. Open space
includes required yards, developed recreation areas and improved recreation facilities,
natural and landscaped areas, and common areas.
Outdoor storage. See “Storage, outdoor or outside.”
Owner. Any person having legal or equitable title to, or sufficient proprietary interest in,
any property. For the purposes of the LDC, the term “owner” includes any agent
authorized by the owner, unless the context clearly indicates otherwise.

-P-
Parcel. A unit of land within legally established property lines, or a lot or contiguous
group of lots, in single ownership or under single control, and considered a unit for
purposes of development.
Park. Any public or private land that is predominantly open space with natural
vegetation and landscaping, and used primarily for active or passive not-for-profit
recreational purposes.
Parking lot. An open area at ground level providing off-street parking spaces,
excluding residential driveways.

Supp. 15 LDC 6: 28
 Parking lot, commercial. A parking lot that is not an accessory use to any other use
and provides parking for a fee.
Park trailer. A type of recreational vehicle constructed on a single chassis to American
National Standards Institute (ANSI) or U.S. Department of Housing and Urban
Development (HUD) standards, consisting of a transportable unit with body width not
exceeding 14 feet, designed to provide seasonal or temporary living quarters when
connected to utilities necessary for operation of installed fixtures and appliances, and as
may otherwise be defined by Florida Statutes.
Pawnshop. Any location at which a pawnbroker conducts the business of making
pawns; that is, providing any advancement of funds on the security of pledged goods on
condition that the pledged goods are left in the possession of the pawnbroker for the
duration of the pawn and may be redeemed by the pledgor on the terms and conditions
of the pawn.
Pensacola Beach. That part of Santa Rosa Island under the jurisdiction of the Board of
County Commissioners of Escambia County, Florida.
Perdido Key. The barrier island and coastal areas extending westward from Pensacola
Pass to the Florida/Alabama state line.
Permitted use. Any use authorized or of right in a particular zoning district or land use
category.
Personal services. Non-medical retail services involving the care of a person or his
personal goods or apparel, such as the services of a barber shop, beauty or tanning
salon, health club or spa, pet groomer, laundromat or dry cleaner, tailor, psychic reader,
or tattoo parlor, but not including repair services or professional services as defined in
this chapter.
Pervious surface. Any surface that easily allows the infiltration of water. Such
permeable or porous surfaces include natural or landscaped vegetation and other
surfaces for which runoff coefficients no greater than 0.25 are typically used for
stormwater management calculations.
Pier. See “Dock.”
Place of worship. A building that is used primarily for worship or religious assembly on
a regular basis and may include related facilities such as classrooms and administrative
offices, but does not include facilities used exclusively for residences, schools, day care,
shelter, recreation or other uses not normally associated with worship. Places of
worship include churches, chapels, cathedrals, synagogues, temples, and mosques.
Planned unit development (PUD). An process for providing flexibility in LDC
regulations governing the planning and design of subdivisions that permits and
encourages greater creativity for the mutual benefit of developers and the public not
anticipated by the strict application of those regulations.
Planning Board. The advisory authority appointed by the Board of County
Commissioners to serve as the local planning agency (LPA) for Escambia County, and
whose scope of authority and specific duties are established within the Comprehensive
Plan and LDC.

LDC 6: 29
Supp. 15
 Plat. A map or delineated representation of the subdivision of land, being a complete,
exact representation of the subdivision and including other information in compliance
with the requirements of the LDC and Florida Statutes (Chapter 177, Part I).
Political sign. A temporary sign announcing or supporting political candidates or
issues in connection with any national, state, or local election.
Porch. A roofed structure attached to a building and open on two or more sides which
may be screened, and having direct access to or from the building.
Portable storage container. Any container, pod, trailer or other unit that is designed to
temporarily store items and to be transported to and stored off site, typically by a private
moving or storage company at a centralized warehouse. The term “portable storage
container” does not include solid waste dumpsters or tool sheds.
Positive drainage outfall. A conveyance system with adequate capacity to contain,
control, and transmit stormwater from the site directly to and through any approved
Escambia County or Florida Department of Transportation drainage system having
sufficient capacity, or to a creek, stream, river, bay, gulf, ocean, or other contiguous
wetlands (not including isolated wetlands) all classified as waters of the United States.
Post-incarceration reentry facility. A facility providing assistance with substance
abuse, mental and physical health issues, job training and placement, and other
services to individuals reentering communities from correctional facilities.
Power plant. An electrical power generation facility operated by a public utility or
independent power producer that converts one or more energy sources to provide
electricity to the electrical transmission grid and distribution system. The term “power
plant” refers to an industrial facility and does not include small-scale generation systems
of customers that may sell surplus power back to the franchised power provider through
their metered service.
Predominantly commercial development. Development for which more than two-
thirds of the development parcel area and more than two-thirds of all gross floor area
within the parcel is devoted to commercial use.
Predominantly residential development. Development for which more than two-thirds
of the development parcel area and more than two-thirds of all gross floor area within
the parcel is devoted to residential use.
Premises. Any parcel together with any improvements thereon.
Primary dune. The first natural or manmade dune located landward of the beach with
sufficient vegetation, height, continuity, and configuration to offer protective value to
upland property. The landward extent occurs at the point where there is a distinct
change from a relatively steep slope to a relatively mild slope.
Prime farmland. One of several classes of land defined in the Soil Survey of Escambia
County, Florida, U.S. Department of Agriculture, as having the best combination of
physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed
crops, and available as cultivated land, pastureland, forestland or other lands not built
upon or urbanized.

Supp. 15 LDC 6: 30
 Principal structure. The structure that is occupied by or otherwise defines the
principal use of a parcel.
Principal use. The main or predominant purpose for which a structure or parcel of land
is used, occupied, maintained, designed, arranged, or intended, as distinguished from
an accessory use.
Processing. As applicable to solid waste, any technique designed to change the
physical, chemical, or biological character or composition of any solid waste so as to
render it safe for transport; amenable to recovery, storage, or recycling; safe for
disposal; or reduced in volume or concentration.
Professional services. Specialized work by members of recognized professions
trained and engaged in such work for a career, typically requiring a license or other
legal authorization to perform, and predominantly provided on the premises of an office
or clinic. Professional services include the work of insurance agents, realtors, bankers,
accountants, stock brokers, financial advisors, engineers, architects, land surveyors,
dentists, physicians, therapists, attorneys, and other professionals, but do not include
the provision of “personal services” as defined in this chapter.
Prohibited use. Any use not identified as a permitted or conditionally permitted use by
the applicable zoning district, and not otherwise determined to be such a permitted use
according to the use classification provisions of the LDC.
Property line. The recorded boundary of a lot or other tract of land.
Protected tree. A living tree that, according to the provisions of the LDC, cannot be
removed or otherwise willfully harmed without first obtaining appropriate authorization
from the county.
Pruning. The act of removing tree branches, limbs, or roots to remedy a hazard or to
maintain or improve the form or health of a tree, performed in a careful and systematic
manner according to standard arboricultural practices so as not to damage other parts
of the of the tree or other trees. Standard practices include those outlined in American
National Standards Institute (ANSI) standard A300, Part 1-2001, Tree Care Operations -
Tree, Shrub and Other Woody Plant Maintenance - Standard Practices.
Public facilities. Major capital improvements, including transportation, sanitary sewer,
solid waste, stormwater management, potable water, educational, and recreational
facilities.
Public lodging establishment. A unit, group of units, building, or group of buildings
within the same complex which is rented to guests as a transient accommodation (more
than three times in a calendar year for periods less than 30 days), rented as a non-
transient accommodation (for periods of at least 30 days), or is advertised or offered to
the public as a place regularly rented to guests for such accommodations. Public
lodging establishments include hotels, motels, resort condominiums, bed and breakfast
inns, and boarding or rooming houses, but do not include dormitories, campgrounds, or
recreational vehicle parks.
Public use airport. means an airport, publicly or privately owned, licensed by the State,
which is open for use by the public.
Public utilities. See “Utilities, public.”
(Ord. No 2017-30, § 2, 5-25-2017)

Supp. 15 LDC 6: 31
 -Q&R-
Quadruplex. A four-unit multi-family dwelling.
Quasi-judicial hearing. A public hearing before an administrative board or official held
to obtain testimony or comment regarding the application of adopted policy to a specific
development application or land use decision, and subject to specific due process
procedural requirements to assure fact-based decisions by the board or official.
Reclamation. The restoration or rehabilitation to useful purposes and safe and
healthful conditions of lands adversely affected by mining, excavation, erosion, land
clearing, or other processes. Reclamation may include filling, reshaping, revegetation
and other activities to achieve the long-term stability of the affected lands and protection
of surrounding uses and natural resources.
Record drawings. Construction drawings certified by the engineer of record and
provided to the county for the purpose of documenting improvements as actually
constructed.
Recovered materials. Metal, paper, glass, plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recycled, and have been diverted and source
separated or have been removed from the solid waste stream for sale, use, or reuse as
raw materials, whether or not the materials require subsequent processing or
separation. Recovered materials as described here are not solid waste and does not
include materials destined for any use that constitutes disposal.
Recovered materials processing facility (RMPF). A facility engaged solely in the
storage, processing, resale, or reuse of recovered materials.
Recreation, active. Leisure time activity, indoor or outdoor, that usually requires some
constructed facilities, is typically structured and organized to take place at prescribed
places, and is usually performed with others. Active recreation uses include
campgrounds, recreational vehicle parks, off-highway vehicle trails, shooting ranges,
swimming pools, ice and roller skating rinks, baseball and other sport fields, skateboard
parks, bowling lanes, tennis courts, golf courses, and playgrounds.
Recreation, passive. Leisure time activity that generally does not require a developed
site, has minimal impact on the recreation site, typically involves existing natural
resources or amenities, and has low potential for nuisance to adjacent properties.
Passive recreation uses include walking, jogging, hiking, primitive camping, bird
watching, bicycling, board and table games, and picnicking.
Recreational vehicle. A motor vehicle primarily designed as temporary living quarters
for recreational, camping, or travel use and which either has its own motive power or is
mounted on or drawn by another vehicle. Recreational vehicles include travel trailers,
camping trailers, truck campers, motor homes, private motor coaches, park trailers, and
other vehicles as defined in Florida Statutes. For the purposes of floodplain
management, a recreational vehicle additionally is one built on a single chassis, four

LDC 6: 32
Supp. 15
 hundred square feet or less when measured at the largest horizontal projection, and
designed to be self-propelled or permanently towable by a light-duty truck.
Recreational vehicle park. A place set aside and offered for the parking,
accommodation, or rental of five or more recreational vehicles or tents used as
seasonal or temporary living quarters for six months or less. See also "Campground."
Recycling. Any process by which solid waste, or materials that would otherwise
become solid waste, are collected, separated, or processed and reused or returned to
use in the form of raw materials or products.
Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an
existing structure or structures, or the rehabilitation or adaptive reuse of land from which
previous improvements have been removed.
Registered professional. A professional registered or licensed by and in the State of
Florida and who possesses the expertise and experience necessary for the competent
preparation, submittal and certification of documents and materials, and performing of
other services required in support of permitting, constructing, altering, inspecting, and
operating a proposed or existing regulated use. Registered professionals include
engineers, architects, surveyors and mappers, and geologists.
Repair services. Services to mend or restore items after their extended use, decay,
breakdown, damage, or partial destruction. Repair services include motor vehicle
repair, bicycle repair, appliance and electronic device repair, gunsmiths, locksmiths,
upholstery services, furniture refinishing and repair, small engine and motor repair, and
watch, clock and jewelry repair, but do not include construction trades or building repair
activities.
Research facility. A facility for the conduct of investigation, study, examination,
development, testing, and similar inquiries in various fields of science and engineering.
Residential use. Any regular use of a building by its occupants as a permanent home
or place of abode, whether for household living or group living. Residential uses include
single-family detached or attached dwellings, two-family and multi-family dwellings,
dormitories, and nursing homes, but do not include any public lodging, tents, tourist
cabins, day care, hospitals, correctional facilities, homeless shelters, or recreational
vehicles.
Resort. A facility for transient guests where the primary attractions are recreational
features or activities.
Resource recovery. The process of recovering materials or energy from solid waste,
excluding those materials or solid waste under the control of the Nuclear Regulatory
Commission.
Restaurant. A retail establishment in which the principal use is the preparation and
sale of food and beverages, typically served and consumed on the premises and within
the principal building, but also including take-out, fast food, drive-in and other forms of
service and consumption.

Supp. 15 LDC 6: 33
 Restrictive covenants. Private restrictions recorded with a subdivision plat or parcel
deed which limit or otherwise govern the use, intensity, and development patterns of the
land within the subdivision or parcel for a specified time.
Retail sales. The direct selling or renting of new or used goods or merchandise
primarily to the general public for personal or household use or consumption, but also to
businesses and other end users, and the provision of services incidental to such sales
or rentals. Retail trade is characterized by an establishment that is usually a place of
business and engaged in activity to attract buyers, that buys and receives as well as
sells merchandise, that sells to customers for their own use, and that may process or
manufacture some products incidental or subordinate to the principal selling activities.
Retail services. Services provided directly and primarily to the general public for
personal or household use, but also to business and industry, and including products
that are incidental to the services and usually consumed on the premises. The term
“retail services” includes restaurants, public lodging, personal services, professional
services, and repair services.
Rezone or rezoning. An amendment to the Official Zoning Map of Escambia County to
effect a change in the adopted zoning district of a designated parcel or land area.
Right-of-way. An area of land occupied or intended to be occupied by a street,
walkway, railroad, utility, drainage facility, or similar use. For the purposes of platting,
the term “right-of-way” refers to land that is separate and distinct from adjoining parcels.
Most generally, the term refers to the specific right of a person to pass over the land of
another.
Road or roadway. See "Street."
Riverine system. A generally linear aquatic community of non-tidal waters with a
discrete channel, including rivers, tributaries, creeks, and intermittent streams. The
landward extent of a riverine system is defined by ordinary high water.
Runway. The defined area on an airport or airfield prepared for landing and takeoff of
aircraft along its length.
Runway protection zone. An area at ground level beyond the runway end to enhance
the safety and protection of people and property on the ground.
Rural. A sparsely developed area where most land is undeveloped or primarily used for
agricultural purposes.
(Ord. No 2017-30, § 2, 5-25-2017)

-S–
Salvage yard. An industrial facility or area for the collection, storage, sale or exchange,
disassembly, shredding, compaction, bailing, or other handling of scrap or discarded
material or equipment for salvage, including metals, paper, rags, tires, bottles and cans,
motor vehicles, machinery, appliances, and structural steel.
Sand dune. Naturally occurring accumulations of sand in ridges or mounds landward
of the beach.
Screened or screening. A method of visually shielding or obscuring a structure or use
from view by fencing, walls, berms, or vegetation.

LDC 6: 34
Supp. 15
 Seawall. A wall or an embankment designed to halt the encroachment of a waterbody.
Sediment. Mineral or organic particulates that have been transported from their origin
by wind or water and deposited at another location.
Sedimentation. The deposition of sediment.
Self-storage facility. A building or group of buildings containing separate individual
storage units available for lease or rent for varying periods of time for the self-service
storage of goods. Self-service storage facilities may also be known as mini-
warehouses.
Semi-impervious surface. Any surface that is more resistant to the infiltration of water
than a pervious surface, but more easily allows infiltration than an impervious surface.
Such moderately impermeable surfaces include compacted stone, gravel, recycled
asphalt, shell, or clay serving vehicular traffic; paver stones and “pervious” concrete;
and other surfaces for which runoff coefficients no less than 0.60 are typically used for
stormwater management calculations.
Setback. The required minimum distance from a property line or other boundary line
that establishes the area within which a structure is allowed to be erected or placed.
Shooting range. An indoor or outdoor facility designed for archery, paintball, or the
discharge of firearms, including rifles, shotguns, pistols, muzzle loading and black
powder guns. The term “shooting range” includes facilities for the purpose of sport
shooting or for military or law enforcement training, including mock hazard response,
target practice, skeet and trap.
Shopping center. An integrated group of retail sales and service establishments that is
planned, constructed, and managed to function as a unit, with customer and employee
parking provided on site and the delivery of goods separated from customer access.
Sign. Any object, device, display, or structure, or part thereof, which is positioned and
used to advertise, identify, announce, direct or attract attention, or otherwise visually
communicate a message outdoors using words, letters, numbers, emblems, figures,
symbols, pictures, or other message elements. Signs are more specifically defined by
type and character in the outdoor sign standards of chapter 5.
Silviculture. The management of forest establishment, growth, composition, health,
and quality to produce lumber, pulp wood, or other forest products on a sustainable
basis. The term “silviculture” includes site preparation, planting, prescribed burning,
harvesting, and replanting activities.
Site plan. A scaled plan depicting proposed site development or redevelopment within
a parcel as required by the LDC for compliance review and approval.
Solid waste. Materials regulated by the state as solid waste, including sludge from a
waste treatment works, water supply treatment plant, or air pollution control facility; or
garbage, rubbish, refuse, special waste, or other discarded material, including solid,
liquid, semisolid or contained gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations.

LDC 6: 35
Supp. 15
 Solid waste collection point. A site for the collection of non-hazardous solid waste
from individual generators and transport to waste transfer, material recovery, waste
disposal or other solid waste management facilities.
Solid waste disposal facility. See "Landfill."
Solid waste transfer facility. An industrial facility where non-hazardous solid waste
from collection vehicles is consolidated, temporarily stored, and may be sorted, for
subsequent transport to other facilities for processing or final disposal.
Sprawl or urban sprawl. A haphazard development pattern of dispersed and strip
growth in suburbs and rural areas and along highways that is characterized by low
density, automobile-dependent development with either a single use or multiple uses
that are not functionally related, requiring the extension of public facilities and services
in an inefficient manner, and failing to provide a clear separation between urban and
rural uses.
Spot zoning. Zoning applied to an area of land, regardless of its size, that is different
from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher
in its density or intensity of use than the adjoining zoning and may, therefore, extend
privileges not generally extended to property similarly located in the area. Spot zoning
is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning
it carries a higher burden of demonstration that, if authorized, it will contribute to or
result in logical and orderly development. (Ord. No. 2017-61, §, 2, 10-05-2017)
Stable, public. A structure where horses, ponies or other domesticated equines are
kept for sale or hire, including their boarding, training, breeding, and riding.
Stable, private. An accessory structure where horses, ponies or other domesticated
equines are kept for the private use of the occupants of the premises and their guests,
and not kept for hire.
Stadium or arena. A structure with tiers of spectator seats rising around all or part of
an open or enclosed field or place used for athletic, entertainment, or other major
events. Stadiums may include food service, retail stores, meeting rooms and other
incidental uses customarily accessory to the principal use.
Start of construction. The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of the
permit date. The actual start means the first placement of permanent construction of a
structure (including a manufactured home) on a site, such as the pouring of slabs or
footings, installation of piles, construction of columns, or any work beyond the stage of
excavation or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets or walkways; nor does it include excavation for
a basement, footings, piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings, such as garages or
sheds not occupied as dwelling units or not part of the main structure. This definition
does not apply to new construction or substantial improvements under the Coastal
Barrier Resources Act (P.L. 97-348).

Supp. 15 LDC 6: 36
 Storage. The placement, accumulation, or keeping of things, or the condition of things
placed, accumulated, or kept, in a specific location for preservation, future use, or
disposal.
Storage, outdoor or outside. The storage of any equipment, goods, junk, material,
merchandise, or vehicles outside of an enclosed building in the same area on a site for
more than 72 hours.
Stormwater. The flow of water which results from, and which occurs immediately
following, a rainfall event.
Stormwater management. Any technique, apparatus, or facility that controls or
manages the path, storage, quality, or rate of release of stormwater runoff, including
storm sewers, retention and detention ponds, drainage channels and swales, and inlet
and outlet structures.
Stormwater management plan. A professionally certified plan to manage stormwater
runoff from development by providing concurrent control of erosion, water quality,
sedimentation, and flooding in compliance with all applicable regulatory authorities.
Stormwater management system. The designed features of the property which
collect, convey, channel, hold, inhibit, or divert the movement of stormwater.
Stormwater pond. A stormwater storage facility that may be further characterized as:
Detention pond. A facility for the collection and temporary storage of stormwater
runoff for treatment through physical, chemical, or biological processes and for
attenuating discharge with subsequent gradual controlled discharge.
Retention pond. A facility for the collection and prevention of discharge of
stormwater runoff surface waters by complete on-site storage where the capacity to
store the given volume must be provided by a decrease of stored water caused only
by percolation through soil, evaporation, or evapotranspiration (loss of water from
soil by both evaporation and transpiration from plants)
Dry pond. A facility designed to collect and store stormwater runoff in a normally dry
basin.
Wet pond. A facility designed to collect and store stormwater runoff in a
permanently wet impoundment with a gently sloping littoral zone shelf designed to
support the growth of rooted aquatic plants. A wet pond provides for treatment
through physical, chemical, and biological processes.
Story. That portion of a building included between the surface of any floor and the
surface of the next floor above, or if there is no floor above it, then the space between
such floor and the ceiling next above it. In computing the number of stories in a
building, a basement shall not be considered a story if more than one-half of its height is
below the mean grade. For areas governed by FDEP or FEMA elevation requirements,
the number of stories in a building shall be counted from the minimum required
elevation established by FDEP or FEMA for the habitable first floor, whichever is
higher.

Supp. 15
LDC 6: 37
Street. A public or private right-of-way designed and used primarily for vehicular
transportation, including all of the land lying between the right-of-way lines delineating
the access way, whether improved or unimproved, and typically affording the principal
means of access to adjoining land. The term “street” includes the terms “road,”
“avenue,” “boulevard,” “lane,” “thoroughfare” and “highway” when used for such access
ways. However, the term does not include alleys, access ways such as easements and
rights-of-way intended solely for limited utility purposes, or access ways and driveways
designed as part of or access to on-site parking. Streets may be classified as the
following:
Arterial street, major. A street providing service that is relatively continuous and of
relatively high traffic volume, long trip length, and high operating speed, including
every United States numbered highway.
Arterial street, minor. A street providing connections between major activity centers
of the county, and which augments the major arterial system for local and inter-
county traffic by feeding traffic from collector and local street systems onto major
arterials.
Collector street. A street providing service that is of relatively moderate traffic
volume, moderate trip length, and moderate operating speed, and which distributes
traffic between local streets or arterial streets.
Local street. A street providing service that is of relatively low traffic volume, short
average trip length, or minimal through traffic movements, and high quantity land
access for abutting property.
Private street. A privately owned and maintained street.
Public street. A street under the jurisdiction of and maintained by a public entity for
public travel.
Structural alteration. Any change in the supporting members of a building, such as
bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding
of the roof, exterior walls or any other change which results in increased or decreased
height of a structure.
Structure. Anything constructed, assembled or erected, the use of which requires
location on or in the ground, or attachment to something having location on or in the
ground. The term “structure” does not include unroofed paved surfaces, such as
sidewalks, driveways, parking lots, or paved areas used for sports activities. For the
purposes of floodplain management, “structure” means a walled and roofed building,
including a gas or liquid storage tank, which is principally above ground, as well as a
manufactured home.
Subdivision. The division of a parcel of land, whether improved or unimproved, into
three or more contiguous lots or parcels of land or, if the establishment of a new street
is involved, any division of the parcel. When appropriate to the context, the term
“subdivision” refers to the process of subdividing or to the land subdivided.
Subdivision, recorded. The plat of an approved subdivision as recorded in the office
of the Clerk of the Court, Escambia County, according to Florida Statutes.

LDC 6: 38
Supp.15
 Substance abuse treatment facility. A state licensed residential or inpatient facility
which provides professionally planned and directed clinical treatment in a structured
live-in environment within a nonhospital setting on a 24-hours-per-day, 7-days-per-week
basis, designed to reduce or eliminate the misuse of drugs and alcohol and promote a
healthy, drug-free lifestyle.
Substantial construction. All required permits necessary to continue the development
have been obtained; permitted clearing and grading has been completed on a
significant portion of the development subject to a single final development order; and
the actual construction of buildings or water and sewer lines, streets, or the stormwater
management system has been completed on a significant portion of the development or
is progressing in a manner that significantly moves the entire development toward
completion of construction.
Substantial damage. Damage of any origin sustained by a structure whereby the cost
of restoring the structure to its before-damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. The “cost” of
the restoration is the fair market value of the material and services necessary to
accomplish the entire restoration and is unaffected by incremental restoration work.
Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started. If the
structure has incurred "substantial damage," any repairs are considered substantial
improvement regardless of the actual repair work performed. The term does not,
however, include either of the following:
1. Any project for improvement of a building required to correct existing health,
sanitary, or safety code violations identified by the Building Official and that are the
minimum necessary to assure safe living conditions.
2. Any alteration of an historic structure provided the alteration will not preclude the
structure's continued designation as a historic structure and the alteration is
approved by variance issued according to the provisions of the LDC.
Suitability. The degree to which the existing characteristics and limitations of land and
water are compatible with a proposed use or development.
Surface water. Water upon the surface of the earth, whether contained in bounds
created naturally or artificially or diffused. Water from natural springs is classified as
surface water when it exits from the spring onto the earth’s surface.

-T-
Taxi or limousine service. The provision of transportation in automobiles, limousines,
vans or similar passenger vehicles with drivers, offered to the public at a fixed fee or
hourly rate. The term “taxi or limousine service” includes passenger vehicle servicing,
repairing, and fueling facilities incidental or subordinate to the principal transportation
use.
Telecommunications tower. A tower, pole or similar structure designed to support
one or more antennas in a fixed location for transmitting or receiving commercial

LDC 6: 39
Supp. 15
 wireless communications signals. The term “telecommunications tower” excludes
structures limited to amateur radio, VHF marine, or similar non-commercial operations.
Temporary structure. A structure that is authorized to be constructed or placed on a
parcel for a limited period of time and required to be removed from that parcel upon the
expiration of the permitted time.
Temporary use. A use that is authorized to be established on a parcel for a limited
period of time and is required to be discontinued on that parcel upon the expiration of
the permitted time.
Tourist-oriented or tourism-oriented. Businesses and commercial establishments
catering primarily to transient visitors staying on Pensacola Beach or Perdido Key for
two weeks or less, but including such businesses and establishments that could equally
cater to either tourists or island residents.
Townhouse. A single-family dwelling constructed in a row of three or more attached
dwelling units, with each unit extending from foundation to roof, separated by property
lines, and having its own direct front and rear access to the outside.
Tree. A woody perennial plant having one generally well-defined stem or trunk
branching to form a crown, and normally attaining a mature height of at least 12 feet
with a trunk at least three inches in diameter at breast height (DBH).
Triplex. A three-unit multi-family dwelling.
Truck terminal. A transshipment facility where trucks load and unload cargo and
freight, and where shipments may be broken down into smaller loads or aggregated into
larger loads for transfer to other vehicles or modes of transportation. The term “truck
terminal” includes areas for the parking of trucks awaiting loading or unloading, truck
servicing or maintenance facilities, freight warehouses, and other such facilities
incidental or subordinate to the principal transshipment use.

-U-
Unified control. Two or more tracts of land in combined ownership where the owners
have agreed to allow their tracts to be used and developed as a single lot under the
provisions of the LDC.
Urban forest. Collectively, the trees and other vegetation within and around the
developed areas of the county, whether naturally occurring or manually planted.
Use. The purpose for which lands or structures are arranged, designed, occupied or
maintained.
Utilities. All lines and facilities related to the provision, distribution, collection,
transmission, or treatment of potable water, stormwater, wastewater, electricity, gas,
petroleum, communication or similar services. The term “utilities” includes the use of
land for customary and necessary utility operation and maintenance such as for wells,
storage tanks, pumps, ponds, production and treatment plants, towers and antennas,
and stations for switching, amplification and transmission. The term excludes the
principal use of land for offices, warehousing or maintenance facilities.

LDC 6: 40
Supp. 15
 Utilities, public. All utilities whose services or products are provided to the public
through governmental grant of authority, regardless of whether the utility is owned or
operated by a public entity.

-V-
Variance. A grant of relief from certain requirements and provisions of the LDC as may
be allowed by the LDC through discretionary review of administrative officials or boards.
For the purposes of floodplain management, the term “variance” may include a grant of
relief from the flood resistant construction requirements of the Florida Building Code,
allowing construction in a manner that would not otherwise be permitted by the building
code.
Vehicle sales and services. Direct sales of and services to new or used passenger
vehicles, light trucks and other consumer vehicles, including motorcycles, recreational
vehicles, all terrain vehicles, golf carts, boats and manufactured (mobile) homes. The
term “vehicle sales and services” includes rental and leasing of vehicles and their
washing, detailing, maintenance, repair, parts replacement, overhaul, reconditioning,
painting and bodywork.
Vested right. A right that has been legally established and cannot be canceled or
changed by later conditions or changes in law or regulations without due process of law,
but which for any development approval is subject to the effective period of the
approval.
Veterinary clinic. An animal hospital or other medical facility for the use of a licensed
veterinarian in the diagnosis, treatment, and prevention of animal diseases and injuries.
A veterinary clinic may include boarding, grooming, and other animal services
customarily incidental and subordinate to the principal medical use
Vicinity of the interstate. Vicinity of the interstate is a corridor 125 feet either side of
any right-of-way of the interstate highway system..
Volume reduction plant. Incinerators, pulverizers, compactors, shredding and baling
plants, composting plants, and other plants that accept and process solid waste for
recycling or disposal.

-W-
Wall sign. A sign that is attached to or painted on the exterior wall of a building in such
a manner that the wall is the supporting structure for the sign or forms the background
surface of the sign. For the allocation of sign area and other purposes the LDC, wall
signs include awning, canopy, fascia, marquee, roof, and window signs, but do not
include fence signs.
Warehouse. An enclosed building used primarily for the storage of goods and
materials, but which may also include incidental office and maintenance areas.
Warehouse, distribution. A warehouse providing generally short-term storage, where
goods and materials are received, broken down into smaller quantities, often
repackaged, and then distributed to customers at off-site locations. The term

LDC 6: 41
Supp.15
 “distribution warehouse” does not include truck terminals, retail sales, or product
assembly or processing.
Warehouse, wholesale. A facility providing storage of goods for sale only to other
businesses, including retailers, industrial, commercial, institutional, or professional
business users, or other wholesalers.
Warranty deed. A legal form or conveyance in which the grantor warrants good, clear
title.
Waste tire processing facility. A site where equipment is used to recapture reusable
byproducts from waste tires or to cut, burn, or otherwise alter waste tires so that they
are no longer whole.
Wastewater treatment plant. A central facility for the collection, removal, treatment,
and disposal of wastewater generated within a single development, community, or
region. The term “wastewater treatment plant” and does not include a septic tank or
similar on-site sewage treatment and disposal system.
Water body. Any bay, bayou, lagoon, inlet, pond, lake, reservoir, or other area with a
discernable shoreline that ordinarily or intermittently contains water, or a river, stream,
or creek with permanent flow. The term” water body” does not include stormwater
detention or retention facilities.
Watercourse. A river, creek, stream, channel or other topographic feature in, on,
through, or over which water flows at least periodically.
Water-dependent uses. Uses that require access to water bodies, such as commercial
boating or fishing operations.
Water-related uses. Uses that do not require a waterfront location to function, but are
often essential to the efficient functioning of water-dependent uses and can be essential
to their economic viability, such as shops, restaurants, parking, boat sales, or fish
processing plants.
Wellhead protection area (WHPA). Land within an established protection boundary
around a public potable water well, with the level of protection based upon the capacity
of the well and an evaluation of the risk to human health and the environment.
Wetlands. Areas as defined by the State of Florida that are inundated or saturated by
surface water or groundwater at a frequency and duration sufficient to support, and that
under normal circumstances does or would support, a prevalence of vegetation typically
adapted for life in saturated soils. Soils present in wetlands generally are classified as
hydric or alluvial, or possess characteristics that are associated with reducing soil
conditions. The prevalent vegetation in wetlands generally consists of facultative or
obligate hydrophytic macrophytes that are typically adapted to areas having soil
conditions described above. These species, due to morphological, physiological, or
reproductive adaptations, have the ability to grow, reproduce or persist in aquatic
environments or anaerobic soil conditions. Florida wetlands generally include, but are
not limited to, swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs,
wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes,
mangrove swamps, and other similar areas.

Supp. 15 LDC 6: 42
 Wholesale trade. An establishment primarily engaged in purchasing merchandise from
producers and selling it, generally without transforming it, to industrial, institutional,
commercial, or professional business users, to retailers, to other wholesalers, or to
agents or brokers. Wholesale uses emphasize on-site sales or ordering and may or
may not be open to the general public, but any sales to the general public are limited.
Wildlife habitat. An area that offers feeding, roosting, breeding, nesting, and refuge
areas for a variety of existing and future native wildlife species.

- X, Y & Z -
Yard. An open space at grade on a lot between a structure and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the ground upward,
except as may be otherwise allowed by the LDC. Yards may refer to the minimum open
space required or the actual space provided, depending on the context of use.
Yard, front. A yard extending across the full width of a lot and having a depth
measured as the minimum horizontal distance between the front lot line and the
principal structure, excluding allowed encroachments.
Yard, rear. A yard extending across the rear of a lot, having the full width between side
lot lines and a depth measured as the minimum horizontal distance between the rear lot
line and the principal structure, excluding allowed encroachments. However, when a
rear lot line separates the lot from an alley the depth of the yard (rear setback) may be
measured from the centerline of the alley. For a lot with only one side lot line or with
intersecting side lot lines, no rear yard is formed.
Yard, required or minimum. The open space between a lot line and the
corresponding setback line as required by the LDC and within which no structure shall
be located except as provided in the LDC.
Yard, side. A yard that is not a front or rear yard.
Zero lot line subdivision. A residential subdivision for detached single-family
dwellings in which each dwelling that is not on a corner lot has one side wall located
along a side lot line, and so provides zero setback or no side yard on that side.
(Ord. No. 2015-54, § 3, 12-10-2015; Ord. No. 2016-02, § 4, 1-7-2016; Ord. No. 2016-42, § 2, 12-8-2016; Ord. No.
2017-5, § 4, 1-5-2017; Ord. No. 2017-61, §, 2, 10-05-2017, Ord. No. 2018-18, §4 4-5-2018)

Supp. 15
LDC 6: 43
 Design Standards Manual
Chapter 1, Engineering
Article 1 Stormwater
Sec. 1-1 Stormwater Management Systems
Sec. 1-1.1 Stormwater Quality (treatment)
Sec. 1-1.2 Stormwater Quantity (attenuations)
Sec. 1-1.3 Stormwater Ponds and Impoundments
Sec. 1-1.4 Pond Slopes and Maintenance Access
Sec. 1-1.5 Conveyance Systems
Sec. 1-1.6 Exemptions
Sec. 1-1.7 Other Agency Approvals
Sec. 1-2 Stormwater Management Plans
Sec. 1-2.1 Methods
Sec. 1-2.2 Content
Article 2 Transportation
Sec. 2-1 Roadway Design
Sec. 2-1.1 Minimum Right-of-way widths
Sec. 2-1.2 Minimum pavement widths
Sec. 2-1.3 Intersections
Sec. 2-1.4 Slopes
Sec. 2-1.5 Roadway Elevations
Sec. 2-1.6 Street Layout
Sec. 2-1.7 Traffic Control Devices
Sec. 2-2 Access Management
Sec. 2-2.1 Access Location
Sec. 2-2.2 Pedestrian Access
Sec. 2-2.3 Traffic Control
Sec. 2-2.4 Modification of Existing access
Sec. 2-2.5 internal Site Access Design
Sec. 2-2.6 Commercial Traffic in Residential Areas
Article 3 Parking
Sec. 3-1 Parking and Loading
Sec. 3-1.1 Stall and aisle design
Sec. 3-1.2 Parking Demand
Sec. 3-1.3 Off-Site and Joint Use Parking
Sec. 3-1.4 Loading and Unloading
Chapter 2, Environmental
Article 1 Environmental
Sec. 1-1 Wetlands
Sec. 1-1.1 Protectionary Measures
Sec. 1-1.2 Mitigation
Sec. 1-2 Clustering density – Wetlands, Endangered Species Habitat, and
Rural Districts
Sec. 1-3 Beach and Dune Preservation and Enhancement

1
Sec. 1-3.1 Dune Walkovers
Sec. 1-3.2 Sand Fencing
Sec. 1-3.3 Dune Restoration Plan
Sec. 1-4 Coastal High Hazard Areas
Sec. 1-5 Barrier Island Sand
Sec. 1-6 Barrier Island Lighting (Pensacola Beach)
Sec. 1-7 Specifications of Wellhead/Groundwater Impact Report
Article 2 Landscaping
Sec. 2-1 Exemptions
Sec. 2-1.1 General landscaping
Sec. 2-1.2 Tree Protection and Preservation
Sec. 2-2 Landscape Areas and Quantities
Sec. 2-2.1 Parcel Total
Sec. 2-2.2 Vehicular Use Areas
Sec. 2-2.3 Buffers
Sec. 2-2.4 High Water Use Zones
Sec. 2-3 Tree Protection and Preservation
Sec. 2-3.1 Approval Required
Sec. 2-3.2 Protection Areas
Sec. 2-3.3 Preservation
Sec. 2-3.4 Protective Barriers
Sec. 2-4 Tree Inventory and Assessment
Sec. 2-4.1 Inventory area
Sec. 2-4.2 Inventory drawing
Sec. 2-5 Tree Removal and Replacement
Sec. 2-5.1 Removal Criteria
Sec. 2-5.2 Replacement for Removal
Sec. 2-6 Plant Selection, Installation, and Irrigation
Sec. 2-6.1 Selection
Sec. 2-6.2 Installation
Article 3 Docks, Piers, and Marinas
Sec. 3-1 Design Standards
Sec. 3-2 SRIA Design Standards
Sec. 3-2.1 Location of Commercial Piers
Sec. 3-2.2 Marinas, Docks, Piers, Boat Basin(s), Ramp(s), and/or Other Structures
Sec. 3-2.3 Plans and Construction Requirements
Sec. 3-2.4 Administrative Requirements
Sec. 3-2.5 In Villa Sabine Bay Waters
Sec. 3-2.6 In Gulf of Mexico and Santa Rosa Island Sound Waters
Sec. 3-2.7 Sanitary Facilities
Sec. 3-2.8 Signs
Sec. 3-2.9 Insurance

Appendix A Design Standards Manual - Professional Advisory Committee

2
CHAPTER 1, Engineering
Article 1 - STORMWATER

1-1 Stormwater Management Systems

All projects requiring a Stormwater Management System (SMS) shall be designed to meet
the following:
1-1.1. Stormwater Quality (treatment)
Projects that require a Stormwater Management System (SMS) shall at a minimum be
designed to provide for the treatment of the first ½” of runoff which shall be recovered in 72
hours. The method of treatment shall comply with the design methods referenced in the latest
edition of the Environmental Resources Permit Applicants Handbook Volume II. The entire
capacity of a dry pond shall be fully recovered within the following days between rain events:
a. Seven days for a pond with positive drainage outfall.
b. Ten days for a pond with no positive drainage outfall.

1-1.2. Stormwater Quantity (attenuation)

Projects that require a Stormwater Management System (SMS) shall at a minimum be

designed to provide for the following for the total contributing runoff area:
Provide attenuation of the runoff from a 100 year critical duration event, up to and including
24 hour duration, so that the post-development runoff rate does not exceed the pre-
development runoff rate, when a positive discharge route is present.
or
Drainage systems in areas with no positive drainage outfall shall be designed to more
stringent criteria to include retention up to and including twenty-four (24) hour, one hundred
(100) year frequency storm with no offsite discharge. These systems shall remain private and
will not be accepted by the county for ownership and maintenance.
or
For projects that abut the Gulf of Mexico, Escambia Bay, Pensacola Bay, Perdido Bay or their
connected, tidally influenced bodies of water (i.e. Tarkiln Bayou, Chico Bayou, Bayou Texar,
etc.) the County Engineer may reduce or waive the SMS from Stormwater Quantity
requirements.

1-1.3 Stormwater Ponds and Impoundments

All stormwater ponds or impoundments shall comply with the design standards provided in
the Environmental Resource Permitting Applicants Handbook, Volume II, Florida Department
of Environmental Protection and Northwest Florida Water Management District.
Sec. 1-1.4 Pond Slopes, Fencing, and Maintenance Access
All ponds - Retention and detention sides shall slope at a gentle grade into the water as a
safeguard against accidents, to encourage the growth of vegetation, allow for proper
maintenance, and to allow alternate flooding and exposure of areas along the shore as water
levels change.
3

Supp. 14
(a) Residential Subdivisions (private and public)

(1) Side slopes

a. Wet ponds - When unfenced, side slopes shall not be steeper than 4:1
(horizontal to vertical) out to a depth of two (2) feet below the control elevation.
When fenced, side slopes shall not be steeper than 3:1 out to a depth of two
feet below the control elevation.
b. Dry ponds - Side slopes may not be steeper than 3:1, and must be fenced when
steeper than 4:1 (horizontal to vertical).
(2) Fencing - The required fence shall be six (6) feet high chain link meeting County
technical specifications1 and be installed along the perimeter of the pond parcel.
Privacy fencing, or other fencing, may be used to supplement screening to the
chain link fence provided it is located within a private fence easement and offset by
a minimum of five (5) feet from the chain link fence for maintenance.
(3) Stabilization
a. Wet ponds - Wet ponds shall be stabilized in solid sod above the permanent
pool elevation, unless stabilization is obtained through incorporation of a littoral
plantings.
b. Dry Ponds - Side slopes shall be solid sod from the bottom to three (3) feet
beyond the top of bank
(4) Maintenance access shall meet the following criteria:
a. Unobstructed access with a minimum width of fifteen (15) feet to the wet/dry
pond area constructed of graded aggregate a minimum twelve (12) feet wide,
no steeper than 6:1 (horizontal to vertical) at least five (5) inches thick, and
underlain with pervious geotextile fabric.
b. A concrete driveway from the roadway meeting County standards
c. Minimum fourteen (14) feet wide, six (6) feet tall double access gate at the pond
parcel boundary line.
d. Dry ponds shall include a minimum twelve (12) feet wide access road into the
bottom of the retention/detention basin no steeper than 6:1. The access shall be
unobstructed and constructed of graded aggregate a minimum of five (5) inches
thick, and underlain with pervious geotextile fabric.
e. Access width around the dry pond perimeter shall be a minimum of five (5) feet
wide with a cross slope no steeper than 6:1.
f. Wet ponds shall have a minimum fifteen (15) feet wide access route around the
top bank perimeter of the retention area with a cross slope no steeper than 6:1.
Access onto the perimeter route shall have a slope no steeper than 6:1.
(b) Commercial and industrial sites and subdivisions

(1) Private developments

a. Side slopes - Wet or dry ponds. Stormwater basins designed to collect more
than two (2) feet of water must contain side slopes that are not steeper than 4:1
(horizontal to vertical) out to a depth of two feet below the control elevation
unless fenced to restrict public access.
b. Fencing – Per engineer of record
c. Stabilization – Per engineer of record
d. Maintenance access – Per engineer of record
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Supp. 14
 (2) Public developments -
a. Side slopes
1. Wet ponds - When unfenced, side slopes shall not be steeper than 4:1
(horizontal to vertical) out to a depth of two (2) feet below the control
elevation. When fenced, side slopes shall not be steeper than 3:1 out to a
depth of two feet below the control elevation.
2. Dry ponds - Side slopes may not be steeper than 3:1, and must be fenced
when steeper than 4:1 (horizontal to vertical).
b. Fencing - The required fence shall be six (6) feet high chain link meeting
County technical specifications1 and be installed along the perimeter of the
pond parcel. Privacy fencing, or other fencing, may be used to supplement
screening to the chain link fence provided it is located within a private fence
easement and offset by a minimum of five (5) feet from the chain link fence for
maintenance.
c. Stabilization
1. Wet ponds - Wet ponds shall be stabilized in solid sod above the
permanent pool elevation, unless stabilization is obtained through
incorporation of littoral plantings.
2. Dry Ponds - Side slopes shall be solid sod from the bottom to three (3) feet
beyond the top of bank.
a. Maintenance access - Required (See requirements for maintenance
access, this section).

https://myescambia.com/our-services/public-works/engineering-and-construction

1-1.5 Conveyance Systems

All conveyance systems shall be designed to convey the runoff from a 25 year critical
duration event.

(a) Curb & Gutter Systems

These systems shall be designed to convey runoff without exceeding the following:
1. For Local Residential Roads, the maximum allowable spread shall not overtop
the top of curb and the flow spread should not exceed to the crown of the
roadway.
2. For two lane Collector Roads, the maximum allowable spread shall not overtop
the top of curb and the flow spread must leave one lane of free of water in one
direction.
3. For Arterial Roads, the maximum allowable spread shall not overtop the top of
curb and the flow spread must leave at least one lane free of water in both
directions.
(b) Roadside swales and ditches
1. Shall be designed so that flow shall not extend over the property line, right-of-
way line, or drainage/utility easement line.

5
 2. All proposed swales and open ditches shall be designed to have a minimal
longitudal slope of 0.30%.
3. Shall not have a depth of greater than 3 feet.
4. Shall be designed to have a minimum distance of 6 feet from the edge of the
travel lane.
5. Shall not have a design velocity of greater than 3 feet per second unless the
swale is lined and shall not have a design velocity of greater than 6 feet per
second.
6. Maximum side slope shall be no steeper than 3:1
(c) Open Channels in drainage right of ways or easements
1. All ditches or swales shall be stabilized.
2. Bank slopes shall be 6:1 or flatter, unless permanent stabilization is provided.
3 Velocity of water shall not exceed three feet per second in grassed ditches or
six feet per second in lined ditches.
4. Maximum allowable design depth of water in ditches shall be three feet during a
25-year storm.
5. Bottom of ditch or swale is two inches or more above the water table.
6. Any ditches with grades of five percent or greater shall be lined or otherwise
improved so as to eliminate erosion and sedimentation buildup in the lower
elevations of the ditch, as approved by the County Engineer.
7. Adequate access for maintenance equipment (15 feet wide minimum) must be
provided as needed for maintenance equipment access.
8. Channels and culverts under ALL proposed roads, excluding conveyance
systems diverting runoff to the ponds, shall be designed to convey the runoff
from a 100 year critical duration event without overtopping the road.
9. All proposed conveyance swales and open conveyance ditches shall:
a. be designed to have a minimum longitudal slope of 0.30%.
b. be installed with either concrete or other permanent stabilization (i.e. sod,
etc) depending on velocity (see DSM 1-1.5(b) 5).
10. For drainage easements or drainage right-of-way, see DSM 2-1.1
(d) Underground conveyance systems
1. Inlet/Junction Box spacing shall not exceed 400 linear feet.
2. Pipe diameters shall be equal to or larger than the adjoining upstream pipe
diameter.
3. The minimum pipe size shall be 18” in diameter or its equivalent arch or
elliptical pipe.
4. Only Reinforced Concrete Pipe (RCP) shall be constructed under all proposed
or existing paved roadways.
5. Proposed drainage easements for underground conveyance systems shall have
a minimum width of 15 feet for when the proposed depth is equal to or less than
5 feet from pipe invert to proposed finished grade. Conveyance systems greater

6
Supp. 14
 than 5 feet in depth from pipe invert to proposed finished grade shall be located
in a drainage easement. Drainage easements shall have a 20’ minimum width.
6. County Standard Inlet Capacities. Under normal flood conditions County
standard inlets are designed to accept the following flowrates:
Type “A” Inlet 7-10 cfs
Type “A-1” Inlet 7-10 cfs
Type Modified “A” Inlet 14-20 cfs
Double “A” Inlet 14-20 cfs
FDOT inlets may be used as a substitute for County Standard Inlets provided the
inlet capacity is accommodated by the specified inlet type.
7. For drainage easements or drainage right-of-ways, see DSM 2-1.1.
1-1.6 Exemptions
Projects that include the addition of 1000 sf or less of impervious surface which are not part
of a large development plan shall be exempt from this chapter.
(a) Residential property improvements
Improvements such as driveways, buildings, pools, etc. and/or accessory structures that do
not exceed 1500 sf shall be exempt from this chapter.
(b) Minor Subdivisions
Proposed subdivision of land into no more than five single-family lots, each fronting on and
existing paved public or private streets, and complying with all of the following:
1. No adverse impacts. Impervious cover on the lots will not adversely impact
wetlands or create adverse off-site impacts.
2. Impervious cover limits. Total lot impervious cover will not exceed 2000 square
feet on lots less than one acre in size, or five percent of lot area on lots one
acre or more.
3. Documented limits. Lot impervious cover limitations are permanently
documented in the public records of the county, including the subdivision plat
and any covenants and restrictions.
4. Positive outfall. Each lot has a positive drainage outfall
1-1.7. Other agency approvals
It is the responsibility of the applicant and the engineer of record to apply for and obtain all
appropriate permits. Projects that are to be dedicated to the county for ownership and
maintenance shall be required to provide all applicable permits prior to dedication.
1-2 Stormwater Management Plans
All projects requiring a Stormwater Management System (SMS) shall be required to submit a
Stormwater Management Plan (SMP) which shall be prepared by, signed and sealed by a
Professional Engineer actively registered to practice in the State of Florida. The PE shall
certify that the SMS has been designed to meet the SMS requirements. The SMP shall
include those items needed (i.e. maps, graphs, tables, calculations, photographs, narratives,
7
Supp. 14
explanations, etc.) which clearly demonstrate the intent of the Land Development Code and
this Design Standards section have been met.
1-2.1 Methods
Innovative approaches to stormwater management are encouraged; however the SMP shall
document compliance with the standards of this chapter and shall demonstrate control of
erosion, sediment transport, stormwater quality, and stormwater quantity (flooding). Methods
used for other than listed below shall require approval by the county engineer:
Urban Hydrology for Small Watersheds, Technical Release 55, US Department of
Agriculture, Soil Conservation Service.
Environmental Resource Permit Applicants Handbook, Volumes I & II, Florida Department of
Environmental Protection and Northwest Florida Water Management District.
Drainage Handbook: Drainage Connection Permits, Florida Department of Transportation.
Drainage Manual, Florida Department of Transportation.
1-2.2 Content
At a minimum, the SMP shall provide the following information:
(a) Existing Conditions
All existing conditions of the project site shall be detailed and include the following:
1. Stormwater flow - the direction, flow rate, and volume of runoff pre-
development.
2. Offsite Contributing Area – the area, direction, flow rate, and volume of runoff
impacting the project site pre-development.
3. Receiving area – define or describe the area runoff flows offsite pre-
development. Define the positive discharge route if one exists.
4. Environmentally Sensitive Lands - Indicate the location, area and description of
all jurisdictional wetlands and endangered species habitat.
5. Indicate and define special flood zone areas on the site in accordance with the
FEMA Flood Insurance Rate Maps should they exist on the project site.
6. Vegetation – define the type and extent of existing vegetation on the project site
pre-development.
7. Topography – Provide a topographic map of the site pre-development. The
topographic survey shall be prepared by a Professional Surveyor actively
registered in the State of Florida. The topographic survey shall include contours
which extend outside the project site property lines when the line adjoins a right
of way, jurisdictional wetlands or easements. The requirements of this section
may be reduced or waived by the County Engineer.
8. Geotechnical Report –For projects proposing less than 9,000 sf of impervious
area, the engineer of record (EOR) may use data obtained from the NRCS Soil
Survey Map. For projects proposing 9,000 sf or more of impervious area, the
geotechnical report shall meet the requirements of the Environmental Resource
Permitting Applicants Handbook, Volume II.

8
Supp. 14
 9. Name, location and right-of-way width of all existing streets noting roadway
surface (paved, clay, shell, etc.), rights-of-way and platted streets within 500
feet of the proposed entrance(s) of the proposed subdivision.
(b) Proposed Improvements
All proposed alterations to the project site shall be detailed and include the following:

1. Topography – All proposed grades and contours.

2. Impervious Cover – The total areas and descriptions of proposed impervious
surfaces, semi-impervious surfaces, and pervious surfaces.
3. Structures – The size, location, and description of all buildings or structures.
4. Vegetation – The amount of vegetative area to be cleared.
5. Stormwater Management – All components of the proposed SMS to provide for
stormwater treatment and attenuation including the following:
A. Plans and Specifications
B. Calculations – showing all components of all proposed conveyance,
attenuation, and treatment systems meet the intent of the Land
Development Code and Design Standards.
C Erosion Control Plan – The control of erosion and sediment transport
shall be implemented based on the Best Management Practices (BMP’s)
designated in the Environmental Resource Permitting Applicants
Handbook, Volume II, Florida Department of Environmental Protection
and Northwest Florida Water Management District.
E. Maintenance Plan
F. Overall lot grading plan for all proposed subdivisions in accordance with
the Florida Building Code.

9
Article 2 – TRANSPORTATION
2-1 Roadway Design
All roads and bridges constructed within Escambia County, public or private, shall be
constructed to meet the design and materials standards identified within the DSM and
Escambia County Technical Specifications.

2-1.1 Minimum right-of-way widths of streets, alleys and easements for utilities.

Beltways – Beltways as designated by the County shall not be less than 300 feet wide.
Arterials - State highways and county arterials as defined in the LDC shall not be less than
100 feet wide.
Collectors - Collector streets, as defined in the LDC shall not be less than 80 feet wide.
Local streets - Local streets including temporary cul-de-sacs, for curb and gutter sections,
shall be 50 feet with an additional five feet public utility easement along each side of
right-of-way or 66 feet if roadside swales are utilized.

Turning circles - Turning circles (permanent) at the end of cul-de-sacs or dead-end street
shall have a right-of-way of 100 feet in diameter with a ten foot utility easement.
Utility Easements Widths shall be according to utility providers easement requirements.
Alleys - Alleys normally shall not be platted within subdivisions. However, where they are
acceptable to the overall development of a subdivision by the county engineer, they shall be
platted to a width of not less than 20 feet or more than 30 feet.
Drainage easement - Drainage easements for conveyance systems must contain
underground piping or swale in accordance with DSM 1-1.5(c)9 and shall be platted to a
width sufficient to accommodate the projected pipe sizes, and shown on the recorded plat but
in no case shall such easement be less than 15 feet in width unless an exception is approved
by the County Engineer or designee
Drainage right-of-ways - Open ditches and drainage swales for conveyance systems must be
constructed within public dedicated or deeded right-of-way with a minimum width of 15 feet
and shown on the recorded plat unless an exception is approved by the County Engineer or
designee.
2-1.2 Minimum pavement widths
The portion of pavement required to be installed at the developer's expense is set forth
below. As a condition of approval of new subdivisions on roadways which do not conform to
county standards, the developer may be required to improve the portion of said road which
adjoins, provides access to or is within the proposed subdivision. Improvements may include
installation of turning lanes, increased pavement widths, installation of drainage facilities,
paving or dirt roads, etc.

(a Streets
1. All proposed collector roads shall be 24 feet wide as measured from edge of pavement
to edge of pavement.
2. All proposed residential roads will be 24 feet in clearance:

10
Supp. 14
 a. With curb and gutter – as measured from gutterline.
b. With ribbon curb – as measured from back edge of ribbon curb.
c. Or as measured from edge of asphalt to edge of asphalt.
3. If soil and topographic conditions and impervious areas indicate that no
drainage problems will be created or aggravated, the curb and gutter requirements
may be waived, and substituted with ribbon curb (or improved shoulders, four feet
wide, or other stabilization methods may be used) and swales as approved by the
County Engineer. The determination of whether drainage problems shall be created or
aggravated will be made by the developer's registered professional engineer, subject
to approval of the county engineer.

(b) Turning circles

The pavement of a turning circle at the end of a cul-de-sac or dead-end street shall have a
minimum inside curb face diameter of 90 feet.

(c) Temporary turning circle

The pavement of a temporary turning circle at the end of a cul-de-sac or dead-end street
shall be tangent to the boundary of the adjacent property and shall have an outside diameter
of 80 feet. The County Engineer may recommend that requirements for curb and gutter
around the outside of the temporary turning circle be waived.

(d) Alleys
Alleys, if approved by the County Engineer shall be paved to a width of 18 feet.
(e) Boulevards
1. Proposed boulevards shall have a minimum lane width clearance of 16’
a. With curb and gutter – as measured from gutterline.
b. With ribbon curb – as measured from back edge of ribbon curb.
c. Or as measured from edge of asphalt to edge of asphalt.

2. The proposed island or traffic separator shall have a minimum width of 4 feet.

2-1.3 Intersections

(a) Angle
Proposed streets shall intersect one another within ten degrees of right angles as topography
and other limiting factors of good design permit.

(b) Radii
The minimum radius of proposed access roads to the new development shall be 25 feet if
raised curb is used along the entire length of the curve, and the minimum of 35 feet radius
shall be used if ribbon curb, or no curb is used in the County right-of-way. Transition from the
raised curb to the ribbon curb shall be constructed in accordance with the County’s approved
detail.
(c) Sight distance at intersections
Intersections should be designed to provide site distance considerations in accordance with
FDOT standards.
11
Supp. 14
(d) Sight triangle requirements
At a minimum, a site triangle shall be provided 35’ from edge of pavement to 35’ edge of
proposed road or driveway.
2-1.4 Slopes
All proposed roadways shall be designed to have a minimal longitudal slope of 0.30%.
2-1.5 Roadway Elevations
The crown of all proposed roadways must be at minimum of 4 feet above mean sea level
(NGVD) unless approved by the County Engineer. All proposed roads shall be designed to
have a minimum of 2 feet of separation between the seasonal high water table and the
bottom of the base coarse.
Development of subdivisions in areas with seasonal high water tables (2’ or less) shall
include location of standard roadway geotechnical borings throughout the subdivision on the
lot grading plan as well as the associated boring log information.
2-1.6 Street Layout
Where appropriate to the design, proposed streets shall be continuous and in alignment with
existing, planned or platted streets with which they are to connect. Future commercial and
residential subdivisions along major roads, thoroughfares and arterial streets shall provide
access routes for all uses within the subdivision.
(a) Connectivity
Proposed streets shall extend to the boundary lines of the tract to be subdivided. If a
subdivision or an undeveloped parcel of substantial size (as determined by the County
Engineer or its designee) is adjacent to the proposed subdivision, said proposed streets shall
connect with streets in the existing, platted, or planned subdivision or parcel. However,
nothing herein shall grant to any person or entity other than Escambia County any right of
access or right to require the granting of access. However, if the county engineer and the
applicant agree that the proposed subdivision should not connect with an adjacent
subdivision, said connection will not be required.
(b) Large Development Ingress/Egress
The following conditions apply to proposed subdivisions that are 100 lots or more, that are
part of a master plan of 100 lots or more, or where extension of proposed streets to the
boundaries would dead end with no feasible street connections to adjacent developable
properties (see 2-1.6(a) Connectivity):
1. There shall be at least two proposed entrance streets connecting a proposed loop
street through the subdivision to an existing paved County road(s).
2. A single ingress/egress proposed entrance street may be utilized if such street
provides for separation of traffic entering and exiting the subdivision by means of a
boulevard running the entire length of the proposed entrance street between the
existing, connecting County road and the proposed loop street. In addition,
designated left and right turn lanes must be provided on the existing, connecting
County road to the proposed entrance street.
3. For the purposes of this provision, a loop street means the primary local road
designed to move traffic through the subdivision.

Supp. 14 12
(c) Dead End Streets
Cul-de-sac or local dead-end street shall not exceed 1,200 feet in length, exclusive of the
permanent turning circle at the end of that street; however, the county engineer may
recommend approval of a cul-de-sac over 1,200 feet in length to serve odd-shaped parcels of
land which cannot be developed in any other reasonable manner or to serve property that
would otherwise be denied reasonable access caused by manmade or natural obstacles
adjacent to such property. Cul-de-sacs shall be required on dead end streets according to
the Florida Fire Prevention Code Chapter 18, Section 18, Dead Ends- current edition.
(d) Utilities in road right of ways
No streets or roads under the two-year warranty will be allowed to be open cut, or
bored. To accomplish this requirement, common trenching is required whenever possible.
The engineer of record shall provide proof of request for all utility layouts (to include but not
limited to power, communications, gas, etc.) prior to construction plan approval. Conduit
locations for utility roadway crossings shall be included in construction plans. If locations are
not provided by the utility, the engineer of record shall provide conduit locations for utility road
crossings. Conduit shall be installed with tracer wire and/or other locating methods. The
following note shall be included on the plans: Contractors shall communicate with utility
provider(s) a minimum of two weeks prior to curb installation or roadway base installation.
Contractors shall ensure integrity of conduit throughout roadway installation.
2-1.7. Traffic control devices.
The developer shall install traffic control devices as specified by the County Engineer. Such
devices shall conform to provisions in the Manual on Uniform Traffic Control Devices and
FDOT standards.
2-2 Access Management
Vehicular access to public roadways shall be accomplished by means of an improved access
facility (i.e., driveway, private road, etc.) Unimproved and/or unrestricted access will not be
permitted. All driveways and streets shall be designed and constructed pursuant to the
design standards in the most recent edition of the "A Policy on Geometric Design of
Highways and Streets" by the American Association of State Highway Transportation
Officials" and/or "The Manual of Uniform Minimum Standards for Design, Construction and
Maintenance for Streets and Highways," and FDOT.
2-2.1 Access Location
Unless otherwise approved by the county engineer, in order to reduce turning movements on
roadways, new access points to development sites or projects should be as follows:

Posted Speed Distance Between

(mph) Access Points (feet)
>45 440
36--45 245
35 or less 125

For parcels which front two or more roadways, access shall be permitted onto the higher
class roadway if the driveway location can meet the driveway separation standard shown
above.

Supp. 14
13
2-2.2 Pedestrian Access

(a) Commercial Development

For commercial sites with buildings individually or cumulatively 50,000 GSF or greater,
pathways through parking lots and across driveways between buildings and out parcels shall
be provided for pedestrians. Such pathways shall be separated from vehicle driveways and
shall be clearly identified by curbs, pavement markings, planting areas, fences or
similar features designed to promote pedestrian safety.
(b) Sidewalks
Sidewalks are to be constructed along the frontage of a development if any of the
following conditions apply:
1. An existing sidewalk abuts the development, or is on one or both sides of an
intervening/intersecting street.
2. The need for site specific improvements are identified within an approved
Florida/Alabama TPO Bike/Pedestrian Master Plan.
3. When 50% or more of any developable portion of the property is within 2 miles of
public school property as measured radially from the school’s main front office
entrance.
Frontage shall be described as the property line that is located closest to the
shortest walkable route to the school and possesses at least one main subdivision
entrance.
(c) Bikeways
Class I (separated from the roadway) or II (striped) bikeways shall be constructed along the
frontage of a development if any of the following conditions apply:
1. An existing bikeway abuts the development; or
2. The need for a bikeway is identified by TPO Bike and Pedestrian Plan.
(d) Repair
Existing sidewalks and bikeways damaged during the development of a property shall be
repaired or replaced by the owner of such property as directed by the division manager,
development services.
(e) Connectivity
A separate access connection that routes pedestrians from the sidewalk to the building shall
be provided for developments which are expected to attract pedestrian traffic.
(f) Density bonuses
Details regarding the provisions for density bonuses for sidewalks and bike paths are
provided in LDC Chapter 3 – zoning.
2-2.3 Traffic control
(a) Traffic control devices
The County Engineer shall require the reasonable placement of traffic control signs,
pavement markings, and traffic signals at any roadway or driveway, or within any
development, if it is necessary, to provide for the safe and efficient movement of traffic at or
prior to the preliminary plat, construction plans or site plan approval, if such device is justified.
All traffic control devices shall be designed and installed in accordance with the Manual On
Uniform Traffic Control Devices (USDOT, most recent edition) and the Roadway and Traffic

14
Supp. 14
Design Standards (FDOT, most recent edition).

(b) Traffic signals

If a traffic signal proposed by a developer serves a public/public intersection the installation
will be conducted by the owner, the maintenance will be paid for and handled by the County,
and the County shall be the responsible party of such signal. If it serves a private/public
intersection and has the opportunity for additional users, the signal installation will be
conducted by the developer/owner, the maintenance of such signal will be handled by the
County; however, the developer/owner will pay for the maintenance through the enactment of
a development agreement until additional users construct access, and signal will be the
responsibility of the County.
If a traffic signal is proposed by a developer or property owner on a private/private
intersection, it is a private signal. The signal installation will be conducted by the owner, the
maintenance will be paid for and handled by the owner, and the signal will be the
responsibility of the owner. The signal shall be justified by a traffic study which demonstrates
the warrants, design, and operation of the proposed signal. Such studies shall be provided by
the developer for approval by the county engineer or their designee. All construction costs for
the installation of a traffic signal, including associated roadway modifications, necessitated by
and proposed by a developer or property owner shall be borne by same.

(c) Turn restrictions

The County Engineer shall restrict turning movements into and out of any roadway or
driveway where it is deemed necessary for the safe and efficient movement of traffic, and the
decision is based on sound professional engineering practices. Roadway or driveway
connections with restricted turn movements shall be geometrically designed so as to provide
access only for the movements permitted.

(d) Median openings

The location of additional and relocated median openings shall comply with the standards of
FDOT in F.A.C. ch. 14.97, as amended.

(e) Turn lanes

Warrants for turn lanes into un-signalized driveways or streets were developed to provide for
proper access management and safety. A turn lane analysis shall be performed on a County
roadway serving a development that generates 50 vehicle trips or greater during any peak
hour. Turn lane design shall be supported by documentation of the estimated volume of
traffic using the lane, resulting queue length, and design speed of the roadway.
The applicant must develop a trip distribution report in accordance with industry
standard guidelines using traffic count data provided by either FDOT, Escambia
County, or the applicant that is no more than three years old.
Turn Lane Warrant Criteria are as follows:
1. Using the data obtained from the trip generation/distribution report, the following
shall apply:
a. Right Turn lanes. The developer shall construct a right-turn lane(s) on a
County roadway to serve right-turning movements entering a development
when the estimated volume of such movement is 30 vehicles or greater during
any peak hour.
15
 b. Left Turn lanes. The developer shall construct a left-turn lane(s) on a County
roadway to serve left-turning movements entering a development when the
estimated volume of such movement is 30 vehicles or greater during any peak
hour.
c. If a right or a left turn lane(s) is not required under section 1, proceed to
section 2.
2. If the number of turning movements, as determined by the Trip Distribution Report,
is 25.5 to 30 vehicles during any peak hour, a certified un-signalized turn lane
analysis shall be performed by a licensed Florida Professional Engineer using
approved methodologies such as those in NCHRP Report 457, 659 or 193, and the
Highway Capacity Manual software.

2-2.4 Modification of existing access

(a) Abandoned access
When an existing driveway or other type of access is abandoned, or not used to serve a
redeveloped site, the developer or property owner shall remove all pavement or gravel and
restore the road rights-of-way. Restoration shall include but not be limited to, grading, culvert
removal and replacement of curbing, sidewalk and stabilization.

(b) Additions
Unless the project is de minimis, reconstruction and/or removal of existing access
connections to current standards is required when a site is redeveloped or expanded and the
number of average daily vehicle trip ends attracted/generated by the new use is increased by
50 percent or more of the previous use.

(c) Change of use

Alteration of existing access connections by the property owner shall be required by the
County Engineer whenever the nature of business conducted at a location changes so as to
cause a change in the traffic pattern on a roadway which is reasonably expected to cause
undue disruption to traffic or present a safety hazard.

2-2.5 Internal site access design

(a) Parking area setbacks
Parking shall be set back from the property line at driveways so as to not interfere with safe
ingress/egress of traffic. The set back distance should be determined according to the
estimated speed and volume of traffic entering a driveway and shall meet all the visual
clearance requirements.

(b) Drive-through stacking

Drive-in and drive-through developments shall provide adequate queue storage capacity
based on the peak hour storage requirements of the project which is subject to the review
and approval by the County Engineer.

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2-2.6 Commercial traffic in residential areas

No permit, development order, or other approval shall be issued for any proposed
commercial use which requests primary, secondary, or limited access onto a local street if
that local street is fronted by more than 50 percent residential zoning in the following districts:
LDR, MDR, LDR-PK, MDR-PK, measured in linear feet along the center line of the local
street impacted by the proposed development. This provision will not apply when its strict
application would deny all access to a parcel that is zoned for any commercial use.

Article 3 – Parking
3-1 Parking and Loading

3-1.1 Stall and aisle design

(a) Stall Dimensions
Standard parking stalls shall be 9 feet wide by 18 feet long for all but parallel parking.
Parallel stalls shall be 9 feet wide by 23 feet long.
(b) Stall Angles
The angles of non-parallel parking stalls in relation to the alignment of the accessing drive
aisle are restricted to 90, 60 or 45 degrees.
(c) Stall Accessibility
Each parking stall shall be accessible from an aisle or driveway and designed so that
vehicles can enter and exit the stall without backing into the travel way of any street.
(d) Aisles Dimensions
1. Standard one-way drive aisles shall be 24 feet if accessing 90 degree parking
stalls, 16 feet wide if accessing 60 degree stalls, and 12 feet wide if accessing
45 degree or parallel stalls, or if accessing no stalls.
2. Standard two-way drive aisles shall be 24 feet wide if accessing 90 degree
parking stalls, and 20 feet wide if accessing 60 degree, 45 degree or parallel
stalls, or if accessing no stalls.
(e) Turnarounds
All parking areas containing three or more parking spaces shall include a turnaround that is
designed and located so that vehicles can enter and exit the parking area without backing
into a public right-of-way.
(f) Encroachment
Landscape areas and pedestrian pathways shall be protected from vehicle encroachment
using wheel stops, raised curbing, bollards or similar fixed barriers such vehicles overhang no
more than two feet into landscape areas or pedestrian pathways.
(g) Delineation and traffic control
All paved parking spaces shall be striped in white and all driving aisles clearly delineated.
Spaces for motorcycles, bicycles and handicap parking shall be clearly marked. Parking lot
traffic control signage and marking shall conform to the latest editions of the Manual on

17
Uniform Traffic Control Devices, U.S. Department of Transportation, and the Florida
Accessibility Code for Building Construction.
(h) Pedestrian entrances
No door or other pedestrian entrance shall open directly upon any driveway or access aisle
unless the entrance is at least three feet from the driveway or access aisle.

(i) Surface materials

1. Except as allowed for excess parking or limited uses, the stalls, drive aisles and
accesses of all parking required by this article shall be finished with an all-
weather surface capable of withstanding ordinary use under normal weather
conditions without substantial deterioration. For these purposes, all-weather
surfaces are limited to concrete and asphalt pavement, recycled asphalt, gravel,
crushed stone or shell, and paving stones. Areas of higher intensity use, such
as site accesses or heavy truck routes, may be limited by the county to paved
surfaces.
2. All non-handicap required parking for places of worship, parks and
campgrounds, or parking in excess of the quantities required by this article, may
be finished in stable grass, provided tree protection is established for any
preserved trees within the parking area and the spaces are delineated in a
manner acceptable to the county.
(j) Drive-through stacking
Any development with drive-through facilities shall provide adequate vehicle queuing capacity
based on the peak hour requirements of the development. Where inadequate queuing
capacity causes a recurring traffic hazard or nuisance off-site, the owner will be responsible
for increasing the queuing capacity or decreasing the need for queuing.

3-1.2 Parking Demand

(a) Quantity
The number of off-street parking spaces required for development shall be determined by
land use according to the parking demand ratios listed below. The ratios may be exceeded or
reduced by up to 10 percent without further justification.

(b) Computation
In computing the number of required parking spaces, any interpretations made regarding the
independent variables should be in favor of the most reasonable assumptions regarding their
associated parking demand and according to the following conditions:
1. Square footage. The independent variable of square footage is gross floor
area, unless otherwise noted.
2. Mixed uses - In the case of mixed or multiple uses, the parking shall be equal to
the sum of the several uses computed separately, unless otherwise noted.
(c) Other quantities
The required number of parking spaces may be increased more than 10 percent without the
granting of a variance only if additional landscape within the parking lot is provided as
prescribed in Article 7. The required number of spaces may be reduced more than 10
18
percent if sufficient documentation supporting the reduced parking demand is provided to the
county. Any parking studies used shall document the source of data from which the
alternative quantities were developed, demonstrate sound methodology and engineering
principles, and be acceptable to the Planning Official. Without such documentation the
parking requirements of other jurisdictions are not considered studies. All approved
reductions shall include the condition that where inadequate on-site parking causes a
recurring traffic hazard or off-site nuisance, the owner will be responsible for increasing the
number of parking spaces or decreasing the need for parking.
(d) Uses not listed
Where land uses do not correspond to any categories listed in this article the Planning Official
shall alternatively confirm the sufficiency of parking facilities proposed. For any such use the
applicant shall estimate the number of parking spaces required to satisfy the projected
demand and provide adequate information from which the demand was estimated, including
the following as applicable:
1. Type of use(s).
2. Estimated total number of vehicle trips generated during peak conditions and
parking duration per trip (turnover rate).
3. Number of employees.
4. Building design capacity.
5. Square feet of use areas.
6. Hours of operation.

Use or activity Required number of parking spaces

Residential household living
Single-family dwelling, including
townhouse and manufactured 2 per dwelling unit.
(mobile) home
Two-family dwelling 2 per dwelling unit
1.5 per dwelling unit
Multi-family dwelling
2 per dwelling unit on Pensacola Beach
Residential group living
Assisted living facility 0.4 per unit
Dormitory, fraternity or sorority
0.5 per bed
house
Nursing home or other skilled
0.5 per bed or 1 per 1000 sq. ft.
nursing facility
Retirement or senior adult housing 1 per dwelling unit
Retail sales, excluding vehicles
Book superstore 1 per 1000 sq. ft
Convenience store (with or without 3 per 1000 sq. ft.
fuel sales) 8 per 1000 sq. ft. on Pensacola Beach
Carpet store 2 per 1000 sq. ft.

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 Use or activity Required number of parking spaces
Food store, bakery, butcher 4 per 1000 sq. ft.
Furniture store 1 per 1000 sq. ft.
Pharmacy or drugstore:
without drive-through 3 per 1000 sq. ft.
with drive-through 2.5 per 1000 sq. ft.
Shopping center 3 per 1000 sq. ft.
Retail sales not otherwise listed 3 per 1000 sq. ft.
Retail services, excluding vehicles
Barber or beauty shop 2 per chair
Bed and breakfast inn 1 per guest room + 2
Boarding and rooming house 1 per guest room + 2
Child care center or adult day care 1 per 6 persons of licensed capacity
1 per guest room, or 1 per bedroom if suites, + 50%
Hotel or motel for restaurants, meeting rooms & other associated
uses.
Medical clinic or office 5 per 1000 sq. ft.
Personal service establishment
2.5 per 1000 sq. ft.
not otherwise listed
Professional service office 3.5 per 1000 sq. ft.
Service to buildings and dwellings
1 per 1000 sq. ft.
(pest control, janitorial, etc.)

Restaurant: 1 per 2.5 seats (including outdoor) or 10 per 1000

Fast food with drive-through sq. ft.
All other restaurants 1 per 2 seats (including outdoor) or 15 per 1000 sq.
ft.
Vehicle sales and services
Rental of automobiles, trucks,
utility trailers and/or recreational 1 per 1000 sq. ft.
vehicles
Sales of parts, accessories and
4 per 1000 sq. ft.
tires
Sales of new and used motor
1 per 400 sq. ft. of sales and service area
vehicles and boats
Service and repair of motor
1 per 400 sq. ft., including service bays
vehicles
Public and civic uses
Clubs, civic or fraternal 1 per 3 persons
Correctional facility 1 per employee, largest shift
Educational facility:
Elementary & middle school
1 per 5 students (capacity)
(K-8)
1 per 10 students (capacity) + 1 per classroom
High school (9-12)
1 per employee/volunteer on normal shift + 5 per
Emergency service facility
1000 sq. ft. office area
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 Use or activity Required number of parking spaces
Funeral home 1 per 4 seat in assembly area + 1 per employee
Hospital 2.5 per 1000 sq. ft. or 1 per employee
Library 2.5 per 1000 sq. ft.
Museum 1.5 per 1000 sq. ft.
1 per 4 seats or 1 per 35 sq. ft. in principal
Place of worship
assembly area if no fixed seats
Public utility structure 1 per employee or service person, as applicable
Recreation and entertainment
I per game table, video game, or other amusement
Arcade amusement center
device
Bar or nightclub 1 per 2 seats
Bowling alley 4 per lane
6 per hole + 50% for restaurants & other associated
Golf course
uses.
Health, fitness or athletic club 5 per 1000 sq. ft.
1 per boat berth or slip + spaces for associated
Marina, public
uses
Soccer complex 50 per field
Tennis court 4 per court
Theater 1 per 4 seats
Industrial and related uses
Laboratory 1 per 1000 sq. ft.
Manufacturing and light industrial 1 per 1000 sq. ft. or 1 per employee
Salvage yard 1 per employee
Warehousing, distribution or
0.5 per 1000 sq. ft. or 1 per employee
wholesale
Other uses
Mini-warehouse or self-storage 1.5 per 100 storage units + 2
Public assembly structure not 1 per 5 seats or 1 per 35 sq. ft. of assembly area if
otherwise listed no fixed seats
Veterinary clinic or animal hospital 4 per 1000 sq. ft. or 2 per employee

Sec. 3-1.3 Off-site and joint use parking

(a) Off-site parking. If the off-street parking required by the LDC for a specific use cannot
be fully accommodated on the site of the use, the remaining required parking may be
provided off-site in compliance with the following conditions:
(1) Pedestrian paths. Where the off-site parking relies on a pedestrian pathway to
access the site of the use, the parking shall be within 300 feet of the use as measured
along a pedestrian pathway that complies with all of the following:
a. Accessibility. For any part of the pathway within a street right-of-way,
accessibility shall be as prescribed by the latest edition of the Public Rights-of-Way
Accessibility Guidelines, United States Access Board. All other parts of the

21
 pathway shall be as prescribed by the Florida Accessibility Code for Building
Construction.
b. Sidewalks. For any part of the pathway within a street right-of-way, the pathway
shall be a concrete sidewalk along the shoulder of the roadway, five feet wide if
curb and gutter is present or six feet wide if there is no curb and gutter, and
otherwise complying with county construction standards.
c. Street crossings. Any pathway that crosses a street shall do so at a marked
pedestrian crossing, and where the posted speed limit of the street is greater than
35 miles per hour the marked crossing shall be at a signalized intersection.
d. Easements. If any part of the intended pedestrian route is through one or more
private parcels, the developer shall secure an easement allowing pedestrians to
legally traverse the route.
e. Improvements. If the required pathway is not present or is in substandard
condition, including applicable street crossing features, the developer shall be
responsible for its construction or augmentation. Additional requirements for
improvements may be imposed on the developer at the discretion of the County
Engineer based on the existing condition of the street or shoulder to be traversed.
Required improvements may include striping, signage, lighting, grading, etc.

(2) Mid-block crossings. In general, the county does not support mid-block crossings on
streets with average daily trips greater than 600 or with speed limits greater than 35
miles per hour. However, marked mid-block crossings may be constructed by a
developer if supported by sound engineering practices and approved by the County
Engineer.
(3) Continuing obligation. The conditions required by this section for off-site parking
shall remain in effect for the duration of the need of such parking to comply with LDC
requirements for off-street parking.
(b) Joint use parking. The Planning Official may authorize a reduction in the total number of
required parking spaces for two or more uses jointly providing off-street parking when
their respective parking needs do not normally overlap, but such a reduction shall comply
with the following conditions:
(1) The developer submits sufficient data to demonstrate that the demand for parking at
the respective uses does not normally overlap.
(2) The off-street parking to be shared complies with all other applicable provisions of the
LDC.
(3) The developer submits a legal agreement, approved by the County Attorney and
signed by all property owners involved, guaranteeing the joint use of the parking
spaces for as long as the uses requiring parking are in existence, or until the required
parking is provided elsewhere in compliance with the provisions of the LDC. The
agreement shall include provisions for the maintenance of the parking facility and
covenants running with the lands of both the dominant and subordinate parcels or
uses.

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Sec. 3-1.4 Loading and unloading
Development shall provide and maintain sufficient off-street loading and unloading areas as
prescribed in this section whenever normal operations requires that goods, merchandise, or
equipment be routinely delivered to or shipped from the development.
No area allocated to loading and unloading areas may be used to satisfy the area
requirements for off-street parking, nor shall any portion of any off-street parking are be used
to satisfy the area requirements for loading and unloading facilities.
(a) Location and design
Loading and unloading areas shall be located and designed to meet the following
standards:

1. Maneuvering
Vehicles intended to use the areas can maneuver safely and conveniently to
and from a public right-of-way and access them without backing into or from a
street right-of-way with a posted speed limit of 35 miles per hour or greater.
2. Obstructing
Loading and unloading operations can be completed without obstructing or
interfering with any public right-of-way.
(b) Number of spaces
The following table indicates the minimum number of loading/unloading spaces required to
accommodate delivery and shipment, not including the collection of solid waste:
Building gross floor area in square feet Spaces
10,000 - 19,999 1
20,000 - 79,999 2
80,000 - 127,999 3
128,000 - 191,999 4
192,000 - 255,999 5
256,000 - 319,999 6
320,000 - 391,999 7
each additional 72,000 or fraction +1

(c) Space dimensions

The minimum dimensions of an individual loading/unloading space shall be 12 feet by 55 feet
with an overhead clearance of 14 feet above grade.
(d) Reasonable extent
Whenever there is a lot with one or more structures on it constructed before the effective date
of the LDC and there is a change in use proposed that does not involve any enlargement of a
structure on the lot, if the loading area requirements of this section cannot be satisfied for the
new use because there is insufficient area available on the lot that can practicably be used
for loading and unloading, then the use need only comply with this section to the extent
reasonably possible as determined by the County Engineer.
(e) Solid waste
Refuse and waste removal areas shall be buffered and/or screened from adjacent properties
and public ways by appropriate fences, wall or hedges.
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CHAPTER 2, Environmental
Article 1 – Environmental

All Environmental Design Standards will be based on the Best Available Science.

1-1 Wetlands

Wetlands [(defined in subsection 373.019(25), F.S.] shall be protected from acts that will
reduce or otherwise adversely impact their primary ecological functions and public benefits
consistent with Section 62-330 Florida Administrative Code.

1-1.1. Protectionary Measures

Avoidance and Minimization

See LDC Chapter 4. An Environmental Resource Permit issued pursuant to Part IV of

Chapter 373, F.S., and 62-346, F.A.C. shall demonstrate compliance with this requirement.

The county will not require design modifications when, based on a site specific analysis and
professional environmental assessment, either of the following is determined:
1. The ecological value of the functions provided by the affected resource area is low
and the proposed mitigation will provide greater long term ecological value than the
resource area to be adversely affected.
2. The Uniform Mitigation Assessment Method (UMAM) shall be used to determine
the ecological value of wetlands (62-345, F.AC.).
3. The proposed mitigation implements all or part of a plan that provides regional
ecological value and provides greater long term ecological value than the resource
area to be adversely affected.

1-1.2 Mitigation
A land use or development activity shall not cause a net adverse impact on wetland functions
that is not offset by mitigation. Mitigation for adverse impacts to wetlands shall be based on
the Uniform Mitigation Assessment Method (UMAM) prescribed by Florida Administrative
Code (Ch. 62-345).

A mitigation plan submitted to the county shall provide details of the applicant's proposed
creation, restoration, enhancement and/or preservation of protected resources, any purchase
of mitigation credits through mitigation banking, and/or any in-lieu payments to compensate
for unavoidable impacts to those resources. The mitigation plan shall include provisions for
the replacement of the predominant functional values of the lost resources, specify the
criteria by which success will be measured, and specify any necessary maintenance entity
and its responsibilities. Additionally, the plan shall include provisions for five-year monitoring,
or provide adequate assurances such as bonding, to assess and document these success
criteria.

24
Mitigation may include:
1. Replacement. When wetlands are purchased, created, enhanced and/or restored to
compensate for the unavoidable loss of such lands, they shall be of the same type, or
shall cause a net improvement in the same functions and values, as that destroyed or
degraded.
2. In-lieu payment option. Where there is no practical opportunity for on-site mitigation,
or when the use of in-lieu fee mitigation is environmentally preferable to on-site
mitigation, the county will consider a cash in-lieu fee payment to the Escambia County
Environmental Lands Trust Fund (ECELTF) to satisfy county mitigation requirements
for environmentally sensitive lands, if the applicant requests this option. The cash in-
lieu fee payment amount shall be based on an assessment of the area(s) to be
impacted and all funds needed to compensate for the impacts to wetlands including
land acquisition and initial physical and biological improvements. Funds collected
should ensure the replacement of functions and values of impacted areas consistent
with applicable regulations and permit conditions.
3. Preservation. Lands identified by the applicant for preservation shall have
appropriate deed restrictions and/or conservation easements placed on them and shall
be recorded in the public records of Escambia County. Proof of the recorded
restrictions and/or easements shall be provided to the county before approval of, or as
a condition of, any development approval. For conditional approvals, the deed
restrictions and/or conservation easements shall be recorded within ten days of the
conditional approval, and prior to any land disturbing activities.
All mitigation activities shall be completed, or adequate assurances such as bonding
provided, before issuance of any development approval allowing the impacts for which the
mitigation is proposed.

1-2 Clustering density – Wetlands, Endangered Species Habitat, and Rural Districts

(a) Maximum density. The development does not exceed the maximum gross density
for the applicable zoning of the parcel.

(b) Minimum preservation. At least 90 percent of the wetlands and/or endangered

species habitat remain undisturbed and preserved under a conservation easement,
deed restrictions, covenants, or other method approved by the county and recorded in
the public records of Escambia County. The easement may be executed in favor of
Escambia County, the State of Florida, a federal agency, or other entity approved by
the BCC. No area of a developable lot may be applied to the minimum 90 percent
conservation area.

(c) Conservation easement. For a subdivision plat, the remainder of the property on
which the development is not clustered is shown on the plat as a permanent open
space tract reserved exclusively for conservation use by conservation easement(s)
granted to the county. For phased and mixed use projects, the conservation
easement(s) shall be shown on the master plan and must be recorded prior to
approval of the final plat of each phase. Proposed changes to the conservation

25
 easement(s) are considered a substantial change to the master plan and require
submission of a new master plan for review and approval.
(d) Contiguous and unified. All land to be included in the cluster development is
contiguous and under unified control of one individual, partnership, corporation, or a
grouping thereof at the time of development review.

1-3 Beach and dune preservation and enhancement.

1-3.1 Dune walkovers. Vegetated areas shall have a minimum of three feet of clearance
between the lowest horizontal member and existing elevation.
1-3.2 Sand fencing. Sand fencing shall be configured in a manner to limit potential impacts
to listed species (see graphic).

Graphic Link: SAND FENCE SCHEMATIC

1-3.3 Dune restoration plan. The following shall be a part of any proposed dune
restoration plan:
(a) Grading plan.
(b) Planting plan that outlines plant species, plant density, fertilization, irrigation, and
maintenance. (Insert NRCS reference – Native Plants for Coastal Dune
Restoration; What, When, and How for Florida).

1-4 Coastal High Hazard Areas

All development that proposes 50 or more dwelling and/or lodging units (on a one-time
or cumulative basis) within the CHHA shall be evaluated for impacts to roadway
evacuation times to shelter. The county shall not approve a use or activity if it would
cause the adopted roadway evacuation time for hurricane evacuation to shelter to be
exceeded. Hurricane evacuation times shall be evaluated based on all existing and
vested development in the county, including individual building permits for buildings
that are not part of a larger development plan approval

(a) Public facility criteria. No new public facilities shall be placed within the CHHA
unless all of the following criteria are met:
(1) Purpose. The facility is necessary to protect human lives or preserve
important natural resources.
(2) Alternatives. The service provided by the facility cannot be provided at
another location outside the CHHA.
(3) Capacity. The facility is designed to provide the minimum capacity
necessary to meet Level of Service (LOS) standards and best available
science for its service area and its sizing is consistent with the densities and
intensities reflected on the future land use map

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1-5 Barrier island sand

(a) Approved material. Approved materials are those constructions and landscaping
materials whose mineralogical composition is white fine to medium grained quartz
sand. However, oyster shell, limestone or white dolomite may be used for road
bed or foundation construction if reasonably the same color as approved sand after
exposure to the sun and not containing clay or other discoloring, staining or
darkening material. For the purposes of this section, white fine to medium grained
quartz sand shall have the following characteristics:
(1) Color. A Munsell Color Chart value of 9.25 or whiter and a chroma of 0.5 or
less on the 2.5, 5, 7.5 or 10YR scale when checked in an air dry condition.
(2) Grain size. A grain size of 75 percent of the sample by weight between 0.43
millimeters (mm) and 0.08 mm, with the remaining 25 percent being coarser than
0.43mm but not larger than 1.0 mm as described under the Unified Soil
Classification System. This corresponds to the number 40-200 sieve sizes for
gradation curve analysis.
(b) Prohibited material. Prohibited materials are any darkening, discoloring or
staining materials having the ability to permanently (greater than six months)
change the color or darken the natural white sands of Santa Rosa Island or
Perdido Key, or any approved materials, whenever coming into contact with them.
Prohibited materials include any with the following characteristics:
(1) Color. A color darker than the color required for approved materials.
(2) Grain size. A grain size with over ten percent by weight of the sample outside
the range required for approved materials.
(3) Composition or character. Any material which, in whole or in part, is
composed of or contains clay or any other substance that would darken, stain or
discolor the natural barrier island sands or approved material

1-6 Barrier Island Lighting (Pensacola Beach)

(a) Wildlife lighting. Wildlife lighting. Artificial lighting that minimizes the potential
for negative effects to the nocturnal behaviors of nesting and hatchling sea
turtles and other wildlife. Based on the premise of keep it low, keep it shielded,
and keep it long, the following criteria apply:
(1) The light source is mounted as low to the ground or floor as practicable
through the use of fixtures such as low-mounted wall fixtures, low bollards, and
ground-level fixtures;
(2) The lumens emitted by the light source are the minimal required for the
intended application;
(3) The light source is contained within a full cut-off or fully-shielded fixture such
that no light is broadcast above a horizontal plane, and the point source of light
and any reflective surfaces of the fixture are not directly visible from the beach;

27
 (4) The lamps emit predominately long-wavelength light (>580 nm). These long-
wavelength light sources include low-pressure sodium vapor lamps, bulbs
marketed to reduce attraction of insects ("bug bulbs"), amber and red LEOs, true
red neon lamps, and other lamps certified by the Florida Fish and Wildlife
Conservation Commission as "wildlife lighting."
a. Tinted glass. The glass in all exterior windows and glass doors shall be treated to
achieve an industry-approved, inside-to-outside light transmittance value of 45
percent or less. Such transmittance is limited to the visible spectrum (400 to 700
nm wavelength) and is measures as the percentage of light that is transmitted
through the glass.
b. Interior lights. Interior stairwells, elevators and enclosed parking garages that
allow light to pass through windows or other openings shall utilize wildlife lighting or
tinted glass as described in this section.
(2) Specific lighting requirements for Pensacola Beach.
a. Pole-mounted lights for pedestrians shall only be used for those applications where
mounting the lights at lower elevations cannot practicably achieve the required foot
candles to conform to the Florida Building Code and a waiver to those Building
Code requirements, as provided under State Statute and Florida Administrative
Code Rule, has been requested and denied. Where used, these fixtures and
lamps shall be properly shielded and may not be mounted at a height greater than
12 feet above the ground. Pole-mounted lights shall not be used for pathway or
access area lighting.
b. Lighting of dune walkovers and elevated crossovers to the beach is prohibited
seaward of the dune crest.
c. The use of metal halide lighting is prohibited throughout Pensacola Beach.
d. Temporary lighting of construction sites shall be restricted to the minimal number of
lights necessary to conform to state and/or federal safety regulations (e.g., OSHA).
e. Interior stairwells, elevators and enclosed parking garages that allow light to
escape through windows or other openings within line-of-sight of the beach shall
comply with the definition of “wildlife lighting”.
f. Roadway, parking lot, and utility leased lighting including “yard” or security lighting
within line-of-sight of the beach shall use low-pressure sodium lights (LPS) 55
watts or less and full cut-off fixtures mounted no higher than 25 feet above the
ground, or equivalent LED. Additional shielding shall be installed if the light
sources can be observed from the beach. High-intensity lighting applications not
within line-of-sight of the beach shall use either full cut-off LPS 55 watts or less or
full cut-off high pressure sodium (HPS) lights 150 watts or less mounted no higher
than 25 feet above the ground.
g. Should the light fixtures practically permitted by section 13.23.02 fail to provide
sufficient light to comply with the Florida Building Code, alternative lighting may be
used provided a waiver to Florida Building Code requirements, as provided under
state statute and Florida Administrative Code Rule, has been requested and
denied. In that case, a combination of full-cutoff LPS fixtures, full-cutoff HPS
fixtures, or LED fixtures, may be used to provide the required level of illumination,
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 and the most effective light management practices available (best available
technology) shall be utilized to minimize light trespass. Conflicts with other
applicable state and/or federal laws or regulations may be resolved in a similar
manner.
h. The use of up-lighting shall be prohibited after 10:00PM during the turtle nesting
season. However, up-lighting associated with building façade illumination may be
utilized until midnight during the turtle nesting season.
1-7 Specifications of Groundwater/Wellhead Impact Report. Applicant’s proposing
development within a wellhead protected area (WHPA) as defined in LDC Chapter 4
shall provide a report prepared by an engineer or geologist duly licensed in the State
of Florida. Based on analysis and comment by the water provider and/or the County,
the applicant may be required to expand their report by:
1. completion of a Phase I and/or Phase II evaluation of the project site; and/or
2. conduct groundwater modeling to assess potential impacts to the groundwater
resource within the WHPA.
The report shall contain the following minimum information:
(a) Accurate description of all current/proposed onsite activities;
(b) List of hazardous waste stored onsite with quantities and method of disposal;
(c) Location of any existing or proposed underground and above ground storage tanks;
(d) Location of any existing or proposed outside storage areas with description of
materials;
(e) Location and status of any existing or proposed monitoring wells;
(f) Current/proposed best management practices;
(g) Current/proposed spill response plan;
(h) Description of current/proposed stormwater treatment;
(i) Description of current/proposed wastewater treatment;
(j) List of State or federal permits facility operates under;
(k) Evidence of the probably impact of the proposed development on the ground water
supply and recharge potential of the area and existing wellhead, etc.(I.e., calculation of
extent pervious surface);
(l) Be subjected to periodic inspections for compliance with the above.

Article 2 – LANDSCAPING

2-1 Exemptions
2-1.1 Tree protection and preservation. The following specific trees and activities are
exempt from the tree protection and preservation provisions of this article:
(a) Invasive trees. Any tree species on the most recent Florida Exotic Pest Plant Council
list of invasive species.
(b) Selected trees. Any species of pine (Pinus sp), Cherry laurel (Prunus laurocerasus
and P. caroliniana), or Turkey oak (Quercus laevis) tree. This exemption does not
apply to trees planted or preserved to meet requirements of the LDC.
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Supp. 14
(c) Hazard trees. Any tree determined by a qualified county official to be an immediate
hazard or in a dangerous condition so as to constitute an imminent threat to public
safety or health.
(d) Emergencies. Damaged or destroyed trees requiring expedited removal in the
interest of public safety, health or welfare during or following periods of emergency as
the BCC may declare by resolution for such disasters as hurricanes, tornados, floods,
and fires.
(e) Residential lots. Any non-heritage tree, as defined by this article, on the lot of a
single-family or two-family dwelling. However, tree removal prior to construction of the
dwelling shall only be allowed after county issuance of a building permit for the
dwelling or a separate tree removal permit. This exemption does not apply on the lot
of a discontinued residential use. Such discontinuation may be evidenced by removal
of the dwelling or its conversion to a non-residential use, or a different land use
classification by the Escambia County Property Appraiser for ad valorem tax purposes.
Regardless of this residential lot exemption, the loss of trees resulting from
development of such home sites shall be mitigated by a tree restoration fee collected
at the time of issuance of any building permit for the construction or replacement of a
single-family or two-family dwelling, including a manufactured (mobile) home. The fee
shall be an amount established by the BCC and deposited in the county Tree
Restoration Fund in the same manner and for the same purposes prescribed in this
article for unplanted mitigation.
(f) Subdivisions. Any non-heritage tree removed within proposed rights-of-way,
easements, or parcels dedicated for utility, drainage, or access according to county
approved subdivision infrastructure construction plans.
(g) Agriculture and silviculture. Tree removal according to best management practices
for bona fide agricultural or silvicultural operations on land classified by the Escambia
County Property Appraiser as “agricultural” for ad valorem tax purposes.
(h) Habitat management. Tree removal necessary for native habitat management and
environmental restoration activities conducted by, or at the direction of, a
governmental agency.
(i) Utility work. Work performed by utilities regulated by the Florida Public Service
Commission and necessary in the maintenance and construction of utility lines. Such
utilities shall nevertheless provide the county with the advance notice required by
Florida Statutes prior to conducting scheduled routine vegetation maintenance and
tree pruning or trimming activities within an established right-of-way.

2-2 Landscape areas and quantities.

2-2.1 Parcel total. No parcel shall provide less than 15 percent landscape area, regardless
of the minimum pervious lot coverage required by the applicable zoning district. On-
site permeable retention/detention ponds and permeable swales qualify as landscape
area if their maximum depths are no more than three feet and their side slopes are no

Supp. 14 30
steeper than 2:1 (horizontal to vertical).

2-2.2 Vehicular use areas. No area of vehicular use may be considered landscape area,
but parking lots, travel lanes, access ways, loading/unloading areas and other
vehicular use areas outside of rights-of-way shall include landscape area according to
the following standards:
(a) General design. Interior portions of vehicular use areas not specifically designed for
vehicle parking or maneuvering shall not be paved, but maintained as landscape area.
(b) Boundary separation. Vehicular use areas shall be separated from the parcel
boundary by a landscape strips no less than five feet wide. Driveways or sidewalks
may cross such strips to provide approved site access
(c) Parking row terminations. Except as allowed for large-scale parking, rows of
parking stalls shall be terminated at each end with a landscape area having the full
length of the adjoining parking stall and containing at least one planted or preserved
canopy tree. The remaining dimensions of the landscape area shall be sized to
provide no less than the minimum canopy tree planting area for a new tree or
minimum root zone for a preserved tree required by this article, whichever is
applicable. Where a double row of interior parking stalls ends, the terminating
landscape areas shall be combined as one continuous area to maximize rooting space
except when a dividing pedestrian and/or handicap accessibility route may be
appropriate and approved by the county.
(d) Continuous parking stalls. Each row of parking shall contain no more than 15
continuous stalls without interruption by a landscape area, and each landscape area
shall have the same minimum dimensions and plantings prescribed above for parking
row termination landscape areas. However, if any of the following conditions exist, no
more than 12 continuous stalls may be provided:
1. The total number of on-site parking spaces exceeds 50.
2. The total number of on-site parking spaces exceeds the number required by the
applicable parking ratios established in DSM Chapter 1 by more than 10 percent.
3. The dimensions of drive aisles and/or parking stalls exceed the standards
established in DSM Chapter 2.

(e) Large-scale parking. If the total number of on-site parking spaces is 600 or more, a
continuous landscape strip no less than 12 feet wide shall be provided along the
center of alternate interior double rows of parking stalls. All interior rows of parking
may have unlimited continuous spaces and be terminated with a landscape area
having the full length of the adjoining parking stall and a minimum width of four feet.
Each strip shall be planted with a quantity of canopy trees no less than one tree per 30
feet of strip length, excluding any minimum root zones of preserved trees within the
strip. Trees shall be planted within the strip such that no tree is more than 10 feet from
either end of the strip, no more 60 feet from another tree, and consistent with the
standards of this article for minimum spacing, tree planting area and tree preservation.
Sidewalks complying with these standards may be placed within landscape strips to
provide on-site pedestrian circulation.

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(f) Seasonal peak demands. Seasonal peak parking demands (e.g., holiday retail
sales) are encouraged to be accommodated within areas of stable grass as overflow
from paved parking to reduce the year-round impact of the short-term parking need,
especially for portions of large scale parking. If such parking is provided its access
and arrangement shall be consistent with the standard dimensions and geometry of
paved parking.
(g) Tree exceptions. The following vehicle parking uses need not provide trees, but the
exceptions do not apply to areas for customer and employee parking and are not
exceptions to the preservation of existing trees.
1. Automobile sales. Vehicular use areas designed for the display of new or used
automobiles for sale or rent. Such areas need only provide landscape areas
sufficient to terminate parking rows, having the full length of adjoining parking stalls
and a minimum width of four feet.
2. Fleet parking. Parking areas for fleet delivery or service trucks and other non-
passenger vehicles.
3. Loading. Truck wells, loading docks, and other areas designated exclusively for
the loading and unloading of vehicles.
(h) Encroachments and overhang. Vehicular use areas shall provide raised curbs,
wheelstops, bollards or other effective means to permanently protect landscape areas
and irrigation systems from damage by vehicle encroachment. Vehicles may not
overhang into landscape areas beyond the designed boundaries of vehicular use
areas.

2-2.3 Buffers. Based on broad land use categories, where a proposed new use or
expanding existing use is likely to adversely impact an adjoining use, a landscape
buffer is required to minimize or eliminate those impacts. The buffer shall protect the
lower intensity use from the higher intensity use and provide an aesthetically attractive
barrier between the uses. It shall function to reduce or eliminate incompatibility
between uses such that the long-term continuation of either use is not threatened by
impacts from the other. Buffers shall be provided according to the following standards:
(a) Required by use. The character of adjoining land uses primarily determines the type
of buffering required.
1. Residential and non-residential. All residential uses shall be buffered from all
non-residential uses, other than passive recreation, conservation, or agricultural
uses, according to the buffer types established in this section and
following non-residential categories:
a. Heavy commercial and industrial. Heavy commercial and industrial uses
consistent with the Heavy Commercial and Light Industrial (HC/LI) and
Industrial (Ind) zoning districts shall provide a Type-C buffer supplemented with
an opaque fence or wall.
b. General commercial. General commercial uses consistent with the
Commercial (Com) zoning district shall provide a Type-B buffer supplemented
with an opaque fence or wall.

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 c. Other non-residential. Neighborhood commercial uses consistent with the
mixed-use zoning districts (RMU, LDMU, HDMU), and other non-residential
uses not otherwise required to provide more substantial buffering, shall provide
a Type-A buffer supplemented with an opaque fence or wall.

2. Residential. All multi-family uses exceeding 10 dwelling units per acre (MDR
district max. density) shall provide a Type-A buffer supplemented with an opaque
fence or wall for all adjoining single-family and two-family residential uses.
3. Non-residential. Heavy commercial and industrial uses shall provide a Type-B
buffer for all adjoining general commercial, neighborhood commercial and other
non-residential uses less intensive than heavy commercial or industrial.
4. Condition of approval. All uses whose conditions of approval include buffering
shall provide the buffering according to those conditions.
5. No existing use. For the purposes of buffering, where no use exists on adjoining
land and none is proposed by a valid development application to the county, the
use of the adjoining land will be assumed to be the most intensive use allowed by
the existing zoning.

(b) Location. Where a use is required to provide buffering for adjoining uses, the
buffering shall be along all side and rear lot lines where the use abuts the other uses.
No buffers are required along front property lines unless buffering is included in
screening requirements for outdoor storage and other conditions as prescribed in
Chapter 4.

(c) Composition.
1. Types. Where buffering is required, the following buffer types define the minimum
width and plants required per 100 linear feet of buffer:

Buffer Buffer Canopy Understory

Shrubs
Type width trees trees
A 12 feet 2.0 1.0 10
B 16 feet 2.5 2.0 20
C 20 feet 3.0 3.0 30

2. Plants. The prescribed buffer plants may be existing natural vegetation, existing
vegetation supplemented with additional plantings, or entirely new plantings. The
suitability of existing vegetation to provide adequate buffering will be evaluated
based on the minimum plants required. For effective buffering year-round, at least
50 percent of buffer trees shall be evergreen species. The selection and
installation of buffer plants, and buffer maintenance, shall be according to the
provisions of this article.

33
 3. Supplemental structures.
a. If an opaque fence or wall is required to supplement the plants within a buffer,
it shall have a minimum six foot height and meet the requirements of Chapter 5,
Fences. Where an existing fence or wall on abutting property meets these
requirements, no additional structure is required within the buffer. The existing
fence or wall must be in good condition and landscaping consistent with the
schedule above.
b. If a supplemental fence or wall will be constructed, any support posts shall be
on the side of the developing property so that the more finished appearance
faces the abutting property.
c. If it can be demonstrated to the Planning Official that existing natural
vegetation, or existing vegetation supplemented with additional plantings, will
accomplish the screening function of the prescribed buffer, the supplemental
fence/wall may be eliminated.

(d) Responsibility. Where buffering is required between uses by this section, the
landowner proposing the more intensive use shall be responsible for providing and
maintaining the buffer. The proposal of a less intensive use does not require the
installation of a buffer by either use.

(e) Exceptions. In addition to the relief provided by the variance process prescribed in
LDC Chapter 2, full or partial exceptions to the buffering prescribed in this article are
allowed according to the following conditions:

Same owner. Buffering need not be provided between uses within the same
parcel, or uses on adjoining parcels having the same ownership.

(f) Uses within. Buffer yards may be included within required building setbacks, but no
active recreation, storage of materials or equipment, parking, or structures, except
necessary utility enclosures, shall be located within minimum buffer yards.

2-3 Tree protection and preservation

2-3.1 Approval required. Unless exempt from protection as provided in this article, no
person shall remove or otherwise willfully cause harm to any of the following trees on
either public or private property, including rights-of-way, without first obtaining
appropriate authorization from the county:
(a) 12-inch diameter. Any tree 12 inches or greater in diameter at breast height (DBH).
(b) Sand live oaks. Any sand live oak (Quercus geminata) tree having five or more total
stems (trunks), or having any three or more stems each three inches or greater in
diameter (DBH); and located on Pensacola Beach or Perdido Key, or within any
shoreline protection zone.
(c) Required trees. Any tree planted or preserved to meet tree replacement or
landscape requirements of the LDC, or other specific conditions of county approval.
(d) Heritage trees. A protected tree 60 inches or greater in diameter (DBH). Such large
mature trees providing proportionately more of the benefits associated with trees, and
often defining the local landscape, shall have a greater protected status as prescribed
in this article.

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2-3.2 Protection areas. The following areas associated with protected trees are afforded
additional protection:
(a) Critical root zone. The critical root zone (CRZ) is represented by a circle, centered
on the tree trunk and having a radius of one foot for each 1 inch of trunk diameter
(DBH).
(b) Structural root plate. The structural root plate is represented by a circle, centered on
the tree trunk and having a radius of one-half foot for each inch of trunk diameter
(DBH), but no less than six feet and no more than ten feet.

2-3.3 Preservation. For the purposes of this section, a tree is not considered preserved if
the root zone and canopy impact limits are exceeded. Removal of such impacted
trees is not required. Tree preservation shall comply with the following impact limits:

(a) Root zone. The critical root zone is, and will remain, substantially undisturbed.
Although an undisturbed circular area centered on the tree generally assures less
critical root loss, modifications to CRZ perimeters resulting in non-concentric, irregular,
and/or smaller areas are acceptable for tree preservation if either of the following
conditions are met:
1. Maximum disturbance. The modified root zone includes at least 50 percent of the
concentric CRZ, contains no less total contiguous area than the concentric CRZ,
and includes no disturbance or encroachments by improvements within the
structural root plate area.
2. Existing conditions. The tree has demonstrated long-term viability within the
same sub-standard root zone and that area will not be further reduced or adversely
impacted. In some cases a certified arborist may be required to delineate the
functioning root zone and confirm avoidance of further impacts.
(b) Canopy. No more than 25 percent of the canopy has been or will be removed and the
pruning is done according to ANSI standards (A300).

2-3.4 Protective barriers. Trees (and other vegetation) designated for preservation
according to an approved site development plan shall be protected from all potentially
harmful activity during development by the temporary installation of protective barriers.

(a) Construction. Barriers shall be constructed of chain link fence, orange laminated
plastic fencing, or wood posts and rails, consistent with professional arboricultural
practices, and shall be installed along the perimeter of all required preserve areas prior
to any land clearing, demolition, grading, or construction.

(b) Activity within. No potentially harmful activity shall take place within the protective
barrier. Harmful activities include but not limited to grade change, trenching,
compaction, grubbing or root raking. Activities within barriers or changes in barrier
location shall be specifically approved by the county.

2-4 Tree inventory and assessment. The provisions of this section shall apply to any
land use or development activity application required to inventory on-site protected
trees. If no protected trees exist on site, that condition shall be identified in the
application documents.

35
2-4.1 Inventory area. Any protected tree with part of its structural root plate area within a
development parcel shall be inventoried for the proposed development. Where a
significant contiguous area of the parcel will not be subject to any development
impacts, including vehicular use and material stockpiles, the developer may propose
exclusion of that area from inventory. However, the removal criteria of this article will
consider the entire parcel for any proposed protected tree removal. Additionally, any
area not inventoried shall be clearly identified on plan drawings and include protective
barriers to prevent impacts. Upon verification during county review, the reduced
inventory area within the parcel will become the limit for any replacement trees for the
proposed development.

2-4.2 Inventory drawing. A scaled drawing shall inventory all existing protected trees and
their locations relative to the development parcel boundary, and to existing and
proposed improvements. At a minimum, the inventory drawing shall identify by center
point, unique number or letter, and circular critical root zone (CRZ) boundary the
location, diameter at breast height (DBH), and CRZ of each tree. Estimates may be
made for inaccessible trees, but they must be noted as such.

2-5 Tree removal and replacement

2-5.1 Removal criteria. No authorization to remove a protected tree shall be granted where
there has been a failure to take reasonable measures to design and locate proposed
improvements so that protected tree removal is minimized. Additionally, each
proposed removal of a protected tree must be shown necessary by one or more of the
following conditions:
(a) Reasonable use. A permissible use of the site cannot reasonably be undertaken
unless the tree is removed.
(b) Access. The tree completely prevents access to a lot.
(c) Proximity to structures. The tree is located in such proximity to an existing or
proposed structure that the safety, utility or structural integrity of the structure is
materially impaired to the extent that avoidance cannot be accommodated.
(d) Proximity to roads and utilities. The tree materially interferes with the installation,
maintenance, or functioning of roads or utilities to the extent that a curvilinear road or
utility run cannot reasonably accommodate the tree.
(e) Proximity to traffic. The tree creates a substantial hazard to motor vehicle, bicycle,
or pedestrian traffic by reason of proximity to a travel way and/or impairment of vision.
Curbing, roadway speed limits and avoidance shall be utilized to minimize proximity
hazards prior to consideration of removal.
(f) Poor condition. The tree is confirmed by a certified arborist or county staff to be
diseased or substantially weakened by age, abuse, storm damage, or fire; or is
otherwise determined to have major defects in structural or functional health beyond
reasonable recovery or repair.

2-5.2 Replacements for removal. Where removal of protected trees is authorized by the
county, replacement trees to mitigate lost benefits of the trees removed shall be
provided according to the following provisions in addition to the trees prescribed for
general landscaping:

36
(a) Replacement ratio. Within the applicable replacement limits of this section, no less
than 50 percent of the total protected tree trunk diameter (DBH) inches removed shall
be replaced in total caliper inches of new canopy trees planted. For example, if the
diameters (DBH) of all protected trees removed totaled 39 inches, the minimum
required replacement would be 39 x 0.50 = 19.5 caliper inches. Three replacement
possibilities for the example given are: eight 2.5-inch trees providing 20 caliper inches,
three 2.5-inch and four 3-inch trees providing 19.5 caliper inches, or seven 3-inch
trees providing 21 caliper inches.
(b) Replacement reduction. If a standard arboricultural assessment of a tree documents
damage, decay, poor structure or other substandard conditions, county officials may
proportionally reduce the replacement required by its removal.
(c) Replacement limit. Total tree replacement for non-heritage trees need not exceed 25
caliper inches per development site acre, regardless of the total protected tree trunk
diameter (DBH) inches permitted for removal. The development site area for which a
mitigation limit is calculated shall be the same as the tree inventory area within the
development parcel. Additionally, the 25 caliper-inch replacement limit does not
exempt any protected tree removal from compliance with the removal criteria.
(d) Replacement trees. All trees planted as replacements for removed protected trees
shall meet the requirements for tree selection prescribed in this article. Any of the tree
species identified as pre-approved replacements may be planted. Other native trees
with confirmed moderate to high drought tolerance and wind resistance may be
proposed for county review and acceptance. Palms cannot be substituted for
mitigation trees, even in greater quantities.
(e) Replacement fee. If any required replacement trees cannot be accommodated on the
site of the removed trees in conformance with the minimum spacing, root area, and
other applicable provisions of this article, the unplanted mitigation shall be fulfilled by a
contribution to the county Tree Restoration Fund. The fee shall be collected at the
time of issuance of any permit authorizing the tree removal.
1. Unit cost basis. The restoration fund contribution for unplanted mitigation is
based on the unit cost of a standard replacement tree. That cost shall be the sum
of the typical purchase, planting, and establishment (e.g., initial watering) costs of a
2.5-inch caliper, Florida Grade No.1, Live oak (Quercus virginiana) tree as
estimated by the county and adopted within the fee schedule of the BCC. The
county shall periodically reevaluate the unit cost to assure that the amount
accurately represents the complete costs of a replacement tree.
2. Calculation. The restoration fund contribution is determined by dividing the caliper
inches of unplanted mitigation by 2.5 to determine the required number of standard
replacement trees. The calculated number of trees is then multiplied by the unit
cost of a standard replacement tree. For example, eleven caliper inches of
mitigation not provided on site, divided by 2.5 inches per tree, equals 4.4 trees. An
amount equal to 4.4 times the fee schedule cost of a replacement tree is the
required Tree Restoration Fund contribution.
3. Use of fees. All tree replacement fees collected by the county will be deposited to
the Tree Restoration Fund and credited to the primary watershed in which the
permit address is located - either Pensacola Bay or Perdido Bay. The Tree
Restoration Fund will be used by the county within the respective watersheds for
37
 costs associated with tree replacement and restoration of functional benefits
provided by the urban forest.
2-6 Plant selection, installation and Irrigation

2-6.1 Selection. The plant selection standards of this section are not eligible for variances,
but any proposed plantings that are in addition to those required by the county are
exempt from the minimum size requirements.
(a) Quality. All plants required by this section shall conform to the standards for Florida
Grade No.1, or better, as provided in the latest edition of Grades and Standards for
Nursery Plants, Division of Plant Industry, Florida Department of Agriculture and
Consumer Services.
(b) Species. All landscaping shall utilize native plant species or those species listed in
the Florida-Friendly Landscaping™ Guide to Plant Selection and Landscape Design.
(c) Trees. Trees planted to fulfill the minimum landscape requirements of this article shall
normally attain a mature height of at least 20 feet and have a minimum caliper of 2.5
inches or greater measured at 4 inches above root ball at planting. The following
additional criteria apply:
1. Non-native species. Non-native species are limited to 25 percent or less of the
total required trees planted.
2. Diversity. The diversity of any trees required to be planted on a site shall comply
with the following limits to avoid uniform site tree decline from pests or disease:

Number of new tree Maximum percentage of

planted on site any one species planted
5 - 19 67%
20 - 49 40%
50 or more 30%

Use of palms. Palms do not comply with definition of tree for the purposes of
these landscaping provisions. However, wind resistant species may be substituted
at the ratio of two palms for one required tree for up to 50 percent of trees required
for development on Santa Rosa Island or Perdido Key, excluding any trees
required specifically for buffering or replacements for protected tree removal. Such
palms include: Date Palm (Phoenix spp.except P reclinata ) and cabbage or sabal,
(Sabal palmetto)
(d) Other landscape vegetation.
1. Shrubs. All shrubs shall be a minimum of 12 inches in height at planting.
2. Turf grass. Consistent with Florida-friendly practices, development should
consolidate and limit the use of most turf grasses to essential areas. When used,
grass shall be species normally grown as permanent lawns in Escambia County.
All sod shall be clean and reasonably free of weeds, noxious pests, and diseases.
When grass areas are to be seeded, sprigged, or plugged, specifications must be
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 submitted. Substantial coverage must be achieved within 180 days and nurse
grass shall be sown for immediate effects and protection until coverage is
otherwise achieved.

2-6.2 Installation. Whenever landscaping is required or any condition of county approval it

shall be installed in a sound manner according to established professional standards,
and in compliance with this manual.
(a) Plant placement. The installation of plants in appropriate locations is essential to
their long-term survival. Locations should match mature plant size to available soil
volume and other conditions for growth. Appropriate separation from pavement and
structures, including streets, driveways, curbs, sidewalks, signs, lights and utilities
must be provided.
1. Sight distances. Landscaping within the sight distance areas prescribed in Article
5 for streets and site access shall be designed, installed and maintained to allow
visibility between three feet and nine feet above grade. The trunks of mature trees
trimmed of foliage to nine feet, and newly planted trees with immature crown
development allowing visibility are generally acceptable within such areas.
2. Minimum tree area. Each new tree shall be planted at the center of a minimum
permanent pervious rooting area clear of all obstructions to allow growth to
maturity. The minimum radius of the rooting area shall be four feet for an
understory tree and six feet for a canopy tree. This minimum circular area shall
contain no sidewalks, curbs or pavement and no structures, including light or utility
poles, signs, manholes, stormwater inlets, vaults, transformers, fire hydrants or
backflow preventers.
3. Minimum tree spacing. Each new canopy and understory tree shall be planted at
least 12 feet from any other tree. Additionally, any trees to be planted within the
critical root zones of preserved canopy trees are limited to understory trees.
4. Overhead utilities. Where overhead utilities exist, only plants that will not create
persistent utility maintenance or interference problems may be installed. To
prevent trees from becoming energized or disrupting electrical service, tree
planting directly below power lines shall be avoided and only understory trees
planted near power lines. Within an established electric utility right-of-way no
vegetation shall be planted that will achieve a height greater than 14 feet or intrude
from the side closer than 10 feet to power lines, or exceed clearances otherwise
required by applicable ANSI standards. Any canopy trees planted shall be at least
25 feet from power lines, and large maturing species should be planted at least 50
feet away.

(b) Accommodating tree roots. In addition to the minimum areas required by this article
for planted and preserved trees, curb, sidewalks, and other concrete around trees
should be minimized and more flexible materials utilized to accommodate tree roots,
including crushed stone, brick-in-sand, and porous pavers.

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Article 3 DOCKS, PIERS, AND MARINAS - [LDC - Chapter 4]

3-1 Design Standards

(a) For any dock, boathouse structure, pier, or any part of extensions thereof, the
minimum setback line from the side property lines and riparian lines shall be ten
percent of the width of the lot where the side property lines intersect the mean high
water line (MHWL) (see exception in “f”, below). However, the minimum setback shall
not be less than five feet and a maximum of twenty five feet on each side. This
setback requirement is not intended to define an upland property owner's riparian
and/or littoral rights.
(b) No pier, dock, marina or walkway shall terminate over submerged land that is
vegetated with sea grasses except when a distance of 1.5 foot between the lowest
point of the boat, including the motor, expected to use the facility and top of the
submersed vegetation can be achieved.
(c) The dock, pier, marina or walkway shall be aligned to minimize the size of the footprint
over seagrasses.
(d) Grated decking material or wooden planking with at least a one half inch space
between boards, is required in all areas traversing seagrasses or any other
submerged aquatic vegetation.
(e) The decked surface of any dock, pier, marina, or walkway shall be elevated a
minimum of 5-ft. above the mean high water line in all areas traversing seagrass or
any other submerged aquatic vegetation.
(f) Owners of contiguous residential lots of parcels, each of which meet the minimum lot
size requirements for construction of single-family residential structures, may construct
one common pier (dock) with boathouse structure within the setback requirement of
subsection d., above, upon the following conditions:

1. The structure would be for the joint use of the contiguous property owners.
2. The owners of the contiguous parcels, as well as their heirs, successors, assigns,
representatives and agents, including those who acquire fractional interests in
either or both contiguous parcels, would not be allowed to construct an additional
pier (dock) or boathouse structure which may serve or appertain to either or both
contiguous parcels unless and until the common pier is removed and all persons
having ownership interests in the contiguous parcels rescind and vacate, in writing
(which shall be recorded in the public records of Escambia County, Florida), their
rights to the said common pier.
3. The owners of the contiguous parcels shall execute an agreement in a form
provided by the county, which expressly stipulates to the terms of this subsection
(e) and the owners shall record the said agreement in the public records of
Escambia County, Florida.
(g) Permits for construction of docks and piers on right-of-way that has been dedicated to
the public but not yet opened, maintained, or otherwise accepted by the county, shall
be issued only upon authorization by the board of county commissioners. The board
may authorize issuance of such permits after considering all relevant factors,
including, but not limited to, the following:
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 1. Whether the applicant has adequately demonstrated that they hold all necessary
interest in the dedicated area where the dock or pier will be constructed.
2. Whether construction of the dock or pier would have an adverse impact on
adjacent properties
3. Whether the dedicated area is or will be needed for development of a public right-
of-way or other infrastructure in the foreseeable future.
4. Whether the geography and configuration of the property is suited for construction
of a dock or pier.
5. Whether construction of a dock or pier would have an adverse environmental
impact on the shoreline or adjacent water body.
6. However, neither authorization nor denial of a permit for construction of a dock or
pier by the board shall be construed as a vacation of acceptance of the dedication.
This provision may be applied retroactively to allow permitting of existing docks or
piers that were never properly permitted.
3-2 SRIA Design Standards
Persons contemplating construction of a dock, pier or any other structure or activity which is
to be located on a tidal area (seaward or channelward of mean high water line) should
contact the local office of the Florida State Department of Environmental Protection for
information on procedures to follow in order to obtain the necessary permit(s) from the
appropriate agency or agencies. Acquisition of state and/or federal permit for a project as
described above does not obviate the need to obtain development approval from the Santa
Rosa Island Authority, but rather is a necessary prerequisite which must be accomplished
before a development approval is issued by the Santa Rosa Island Authority.

3-2.1 Location of commercial piers. The location of all docks, piers, boat basins, marinas
or other structures must be authorized by the SRIA board. The SRIA board will
appraise each facility separately based upon its merits and the affected adjacent land
or water.
3-2.2 Marinas, docks, piers, boat basin(s), building(s), ramp(s), and/or other structures
constructed adjacent to a commercial area which the lessee intends to operate as a
principal business to provide complete facilities for boats must provide the following:

(a) Fuel (gasoline, diesel, oil).

(b) Fresh water on docks, ice.
(c) Modern clean restrooms.
(d) Electrical outlets on docks.
(e) Garbage receptacles on docks.
(f) Telephone outlets.
(g) Ship's store.
(h) Facilities for at least minor boat repairs and accessories.
(i) Auto parking lot.
(j) Sanitary facilities for boats at dockside.

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Supp. 13
The above are considered minimum requirements. Other features such as lounges,
restaurants, motels, tide gauges, major repair facilities, late weather reports, quarters for
ship's crew, swimming pools, etc., are highly desirable and should be considered in the
overall ultimate development of a marina. Design of boat storage facilities should receive
special attention to insure an attractive appearance that lends itself to the architectural style
of adjacent buildings and proposed adjacent buildings.
3-2.3 Plans and construction requirements.
(a) Drawings and specifications for materials and structural integrity signed and sealed by
applicant's engineer or architect must be submitted to and approved by SRIA.
(b) Current survey of property must be provided, showing property lines and location of
mean high water line.
(c) Width shall be a minimum of three feet and a maximum of eight feet.
(d) Height to be a minimum of three feet and a maximum of five feet above mean high
water line.
(e) Maximum length of 300 feet and no more than 1,500 square feet.
(f) Decking shall be spaced not less than one-half-inch spacing.
(g) Construction shall involve as few pilings as possible.
(h) Dolphins or mooring piles will be considered on individual basis.
(i) A means of crossing over, under, or around the pier in a reasonably safe manner must
be provided for persons walking the beaches. This may include steps with handrails.
(j) For commercial piers, each pier must have signs posted in bold print prohibiting the
dumping of garbage and the pumping of bilges.
(k) Piers setback lines shall be ten percent of waterfront at MHWL, but no less than five
feet from littoral lines.
(l) No "T"'s, as such, are allowed, but piers may be widened at the outer end on one or
both sides. Maximum size of terminal platforms is 160 square feet for piers not
exceeding 4 feet in width. Maximum width of platform is 12 feet. Piers exceeding 4
feet in width are restricted to 96 square feet for terminal platforms.
(m) Structures above the decks of piers are not allowed; however, boat lifts may be
approved adjacent to piers if the supporting piles for the boat lift do not extend more
than twelve feet above mean high water. Plans and applications must be accompanied
by letters from the adjoining lessees stating that they have reviewed the plans and
either do or do not object to the proposed construction. Existing structures that were
previously approved by the SRIA may remain as long as they are properly maintained.
If these structures are destroyed, they may not be rebuilt.

3-2.4 Administrative requirements.

(a) No fueling facilities are allowed on residential docks or piers.
(b) Piers may not be constructed on shared property lines.
(c) SRIA staff shall perform an on-site inspection of area prior to approval.
(d) Owners must agree to maintain piers and docks in a manner to inhibit
deterioration. If it becomes necessary after calling the deteriorated condition of the pier
or dock to the attention of the owner, SRIA staff may contract for proper repairs and

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Supp.13
 back charge the owner. Lease(s) shall be amended to accomplish this requirement
regarding maintenance and lessee's responsibility for same and approval shall not be
granted until executed lease amendment is received by SRIA.
(e) Liability insurance, naming the SRIA as a certificate holder shall be provided on a
yearly basis beginning the date permit is issued in an amount, (a) not less than
$250,000.00 liability insurance for single-family lots; (b) additional amounts, as
approved by SRIA for multifamily parcels; dependent upon amount of risk involved.
Lease shall be amended to accomplish this requirement regarding insurance and
lessee's responsibility for same and approval shall not be granted until executed lease
amendment is received by the SRIA. Copies of the department of environmental
protection (DEP) application and approval letters from DEP and the corps of engineers
must be provided to the SRIA prior to development approval.

3-2.5 In Villa Sabine Bay Waters: (a) Residential and commercial docks and piers should
not be constructed beyond the edge of the channel, and no portion of the structure or
mooring pile shall be constructed beyond the toe of the slope of the existing channel,
nor shall the pier extend laterally so as to adversely affect the adjacent property or
property rights. (b) Marinas may be constructed in authorized areas and in accordance
with plans approved by the SRIA board, but a minimum 100-foot clear passageway
shall be provided beyond any structure. (c) Townhouse developments in existence
prior to October 19, 1983, are limited only to one dock per four townhouses units, with
docks to be made available for use by all tenants in the development. (d) Effective on
10/19/83, only one pier will be allowed for each townhouse/condominium
development. Such pier to be constructed as part of the project by the developer, at
his cost.

3-2.6 In Gulf of Mexico and Santa Rosa Island Sound Waters: (a) No private piers shall
be allowed in the waters of the Gulf of Mexico. (b) Piers which meet current SRIA
requirements, and which must be approved by the architectural environmental
committee on an individual basis, may be allowed in the waters of Santa Rosa Sound.
(c) Basins and marinas shall be constructed in compliance with the current state and
federal regulations. (d) Miscellaneous:

3-2.7 Sanitary facilities. It is imperative that the waters adjacent to Santa Rosa Island be
kept clean and unpolluted, therefore, no dumping of refuse of any kind, including toilet
wastes from boats will be allowed in these waters, in accordance with controlling laws.

3-2.8 Signs. Lessee shall display signs of such size and type as the SRIA board may
specify in prominent location about the dock or marina area.

3-2.9 Insurance. Owners or lessees of docks, piers, marinas, and related structures will be
required to maintain, at their own expense, adequate public liability insurance designed to
absolve and indemnify themselves and the Santa Rosa Island Authority from all claims for
injuries or damages suffered by any person on or about such structures.

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 Appendix A

Design Standards Manual

Professional Advisory Committee

Duties:

The seven members of the Professional Advisory Committee shall review proposed changes
to the technical and environmental design standards herein. The proposed changes may be
submitted by the County Engineer or the Environmental Director or the public. Proposed
changes shall include supporting evidential documentation including but not limited to
calculations, details, specifications, drawings, peer reviewed best available science, etc.

Meetings:

The Professional Advisory Committee shall meet according to Florida Sunshine law, on a bi-
annual basis beginning approximately 6 months following the adoption by the Escambia
County Board of County Commissioners. The meetings will be will be coordinated by either
the County Engineer, Community and Environment Director or his/her designee, depending
on the discipline of issues to be addressed.

Members:
One member shall be from private practice and shall be appointed by the local branch of the
Florida Engineering Society.
One member shall be from private practice and shall be appointed by the local branch of the
American Society of Civil Engineers.
Two members shall be from private practice and shall be appointed by the Florida
Association of Environmental Professionals or other professional scientific association as
deemed acceptable to the Community and Environment Director.
One staff member from Engineering/Public Works, Community & Environment, and
Development Services Departments shall be appointed by the respective Department
Director.

Terms of Office:

Terms for those members who are not Staff of Escambia County shall serve for a minimum
two (2) years and may remain on the committee if re-selected by their appointing body.

Revisions:

Professional Advisory Committee’s (PAC) revisions to this manual will be presented to the
Planning Board for their review and recommendation to the BOCC and will be effective at the
time of the BOCC decision.

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