Please note that the original LDC Book is located at City Hall.

A PDF version can be obtained at MUNICODE.

The following Word copy is for informational purposes only; you will not be able to print a legible copy from this web page.

ARTICLE ONE

LEGAL:

  WHEREAS, the Florida Legislature has enacted the Local Government Comprehensive Planning and Land Development Regulation Act (Chapter 163, Part II, Florida Statutes) which mandates the preparation of comprehensive plans and unified land development codes for all units of local government; and,

  WHEREAS, the City Council of the City of Mary Esther, Florida has determined that the Comprehensive Plan, 2000, is compatible with and furthers the State Comprehensive Plan, the West Florida Comprehensive Regional Policy Plan and the Okaloosa County Comprehensive Plan; and

  WHEREAS, the adoption of a unified land development code is required to implement the Comprehensive Plan; and

  WHEREAS, Section 163.3194 (1)(b), F.S. requires that land development regulations be consistent with the Comprehensive Plan and Section 163.3202, F.S. details the minimum requirements for content of the City's Land Development Code (LDC); and 

  WHEREAS, the City Council of the City of Mary Esther finds that the regulations contained within this Code are necessary to protect the public safety, general welfare, natural environment and economic vitality of the City; now

THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF MARY ESTHER, FLORIDA,  that this ordinance is hereby adopted in conformance with Chapter 163, F.S., and provides an effective date and repeals all provisions of Ordinances or Resolutions in conflict herewith.

1.02.00   TITLE:  This ordinance shall be known as the "MARY ESTHER LAND DEVELOPMENT CODE" and also may be known as Ordinance No.91-1.

1.03.00   JURISDICTION:  The lands subject to this ordinance shall include all area within the corporate limits of the City of Mary Esther (and, as applicable, any areas to which the City provides municipal services).

1.04.00   INTENT:  This ordinance provides public policy mechanisms and regulations for growth management (development and redevelopment) in order to serve the residents and property owners of Mary Esther and maintain and improve the quality of life for all citizens of the City.  This ordinance is intended to implement the Mary Esther Comprehensive Plan and, toward that end, is to be construed liberally in favor of the goals, objectives and policies of the Plan.

1.05.00  ABROGATION:  This ordinance is not intended to repeal, abrogate or interfere with any existing easements, covenants or deed restrictions duly recorded in the public records of the City or Okaloosa County.

1.06.00 SEVERABILITY: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this ordinance shall continue in full force and effect.

1.07.00   EFFECTIVE DATE:  The effective date of this ordinance shall be February 1, 1991.

ARTICLE 2 ADMINISTRATION

2.01.00   LOCAL PLANNING AGENCY:  In accordance with the Comprehensive Plan, the   Mary Esther City Council serves as the Local Planning Agency (LPA) and Land Development Regulation Commission. 

2.02.00   GENERAL ADMINISTRATION PROCEDURES:  This Article sets forth application and review procedures required for obtaining development orders and permits as may be required.  Procedures for appealing decisions also are provided. 

2.03.00   WITHDRAWAL OF APPLICATIONS:  An application for development approval may be withdrawn at any time.  CAUTION:  The withdrawal of any application for development approval which occurs after the publication of any notices which may be required by this Code or other law, will result in the application losing its relative position in priority for plan review and will require the applicant to resubmit its application at the initial step in the development review process required for the particular development.  Such re-submittal will require payment of the necessary fees in order to activate the plan review process and reestablish relative position and priority for plan review.

NOTE:  Nothing in this section shall be construed to prevent the Local Planning Agency/City Council from delaying action or decision on any application by majority vote so to do.  In the event the LPA/City Council votes to delay review or decision on any application, said application will retain its relative position and priority for plan review purposes. 

2.04.00   AUTHORIZATION FOR DEVELOPMENT PERMIT:  No development activity may be commenced without a Final Development Order. 

2.04.01   Prerequisites to Issuance of a Development Permit:  No development order or permit shall be issued unless the proposed development activity: 

• Is authorized by a Final Development Order issued pursuant to this Code; and

• Conforms to the Southern Standard Building Codes and associated mechanical, electrical, plumbing and fire safety codes adopted by the City as the requisite technical construction manuals.
• 2.04.02   Exceptions to the Requirement for a Final Development Order: A construction permit may be issued without a development order if any of the following conditions apply:

• Construction has begun or was approved prior to the adoption of this ordinance;  

• Alterations will not alter gross floor area, use of structure or change/add to the impervious surface of the site;  

• The construction or alteration of a one or two family dwelling on a lot in a valid recorded subdivision, approved prior to the adoption of this Code;  

• The resurfacing of a vehicle use area that conforms to all requirements of this Code; and        

• P minor replat granted pursuant to procedures in Section 2.13.01 of this Code. 

2.05.00    PRE-APPLICATION PROCEDURES:  Prior to filing for a formal and scheduled review of proposed development plans, if required by this Code, by the Technical Review Committee, the applicant shall request the City Manager, or designee, to set a time for discussion of the proposed development.  Checklists set forth in Article 17 appropriate to the proposed development shall be provided to the applicant by the City Manager, or designee. In addition, the applicant shall be directed to the appropriate City departments or other agencies so that the applicant may obtain information from such department(s) and/or agency(s) prior to filing for formal review, if necessary, by the City Technical Review Committee.

NOTE:  No comment made by any persons associated with the City during any pre-application conference or discussion shall be considered either as approval or rejection of the proposed development or development plans.

2.05.01   Designation of Plans as Minor or Major Developments:  For purposes of these procedures, all development plans shall be designated by the City Manager, or his designee, as either minor or major development according to the criteria below.  Before submitting a development plan for formal review, the applicant shall provide the City with sufficient information to make this determination.  The City Manager, or his designee, shall support such designation by written findings.

• The activity involves combined land and water area which exceeds five (5) acres  
• The development is a residential project of ten (10) or more dwelling units per acre of land and water area or of fifty (50) or more dwelling units.
• The development involves more than 15,000 square feet of nonresidential floor space.  For the purposes of this criteria hotel and motel dwelling units are considered nonresidential floor space.
• Any proposed development, redevelopment or additions to existing facilities that will, upon completion, result in 30,000 square feet or more of impervious surfaces on the development site. 
• Any proposed development which is part of a larger parcel for which additional development is anticipated and that when aggregated with the project in question exceeds the limits of any of the above criteria.
• The proposed development impacts any environmentally sensitive lands designated pursuant to Article Eleven of this Code.
• The subdivision or re-subdivision of any property which upon such subdivision or re-subdivision will result in five (5) or more lots of record.
• Minor Development:  A development plan shall be designated as a minor development if it is neither a major development nor a development exempt under Section 2.04.02 of this Code. 

2.06.00   PROCEDURES FOR DEVELOPMENT PLAN REVIEW:  All major developments must be submitted to the Technical Review process delineated in this section.  Minor developments need not be submitted to this review, however, the review is recommended to developers for any proposal which may be controversial.

• Developer shall file completed checklists and development plans with the City Manager, or his designee, as a prerequisite to obtaining technical review committee action.
• Within seven (7) working days of receipt of an application for review, the City Manager, or his designee, shall:
• Determine that the application is incomplete and inform the developer, in writing, as to the deficiencies.  The developer shall submit an amended application within thirty (30) working days to maintain the application's relative position and priority for plan review;
• Determine that the submittals are complete as received and proceed with review procedures
• The proposal shall be placed on the agenda for the next scheduled meeting of the City Technical Review Committee provided required notice can be made.

• Members of the Technical Review Committee shall receive copies or otherwise obtain information pertinent to their functional areas prior to the scheduled review meeting.

• The Technical Review Committee shall review the proposal and submit comments, if any, in writing to the acting chairman of the committee, who may be either the City Manager or his designee. The chairman shall assemble comments and forward same with written opinion and policy guidance from the City Manager attached thereto to the LPA/City Council.  Information provided the LPA/City Council shall include but not be limited to the following.

1. Characteristics of the site and surrounding area, including important natural and man-made features, the size and accessibility of the site and surrounding   land uses.

2. Impact on concurrency requirements and Level of Service Standards (LOS).

3.  The nature of the proposed development, including land use types and densities; the placement of proposed buildings and other improvements on the site; the location, type and method of maintenance of open space and public use areas, if any; the               preservation of natural features or protection of sensitive lands, if any; proposed parking areas;  internal traffic circulation systems, if any; the  approximate total ground coverage of paved areas and structures; and water and sewage distribution, collection and treatment systems.

4. Conformity of the proposed development with the Comprehensive Plan, this Code and other applicable regulations.

5. Other applicable factors, rules, regulations or criteria prescribed by the Comprehensive Plan, this Code or other Law.

• F.. The LPA/City Council upon receipt of the Technical Review Committee Report shall: 

1. Determine conformity of the proposed development with the Comprehensive Plan, this Code, other applicable requirements and the items enumerated    in (E) above.

2.  Hear and address concerns and desires of surrounding landowners and other affected persons.

3. Consider any rule, objective or policy of the Comprehensive Plan or any other criterion applicable to the particular development proposals in formulating its recommendation to either approve or deny the development proposal.

4. Record its deliberations and findings for review and final approval when convened as the City Council. 

G.  Following the required public notice and hearing, the City Council shall accept, reject or accept with   modifications the recommendation. 

1. In the event of acceptance of previous findings, the proposal shall be either approved or denied. If approved, the Council shall instruct the City Manager to authorize the issuance of a Preliminary Development Order.

2. If the proposal is approved with modifications, a Preliminary Development Order may be authorized by the City Manager upon receipt of the modifications from the applicant.

3. If the proposal is disapproved in the Development Review process, the Developer may resubmit a proposal for technical review within sixty days (60) and retain inline priority consideration for such services as sewage and water capacity allocations. If the proposal fails to be approved during the second scheduled Development Review procedure, all earlier submittal dates are voided.

2.07.00   FINAL DEVELOPMENT ORDER:  Provided the Final Development Plan meets all requirements described in the Preliminary Development Order, as determined by the City Manager, or his designee, the City shall issue a Final Development Order to the Developer within twenty (20) days of application for said Final Development Order.  The Final Development Order is NOT a construction permit.  An approved Final Development Order is required prior to the City's issuance of any construction permit(s).  A Final Development Order shall, as a minimum, include the following:

• A determination that, where one was required, a valid Preliminary Development Order exists for the requested development;
• An approved Final Development Plan with findings and conclusions;
• A determination that all conditions of the Preliminary Development Order have been met;
• If modifications must be made to the development plan before Final Development Order may be issued, a listing  of those modifications and the time limit for submitting a modified plan (not more than 20 days);
• Notification that development shall commence within a12 month period and continue until completion in good faith in accordance with terms and conditions of approval;
• If necessary to maintain concurrency, a schedule of construction phasing consistent with the availability of capacity of one or more services and/or facilities;
• If necessary or required, a schedule of public services or public facilities to be provided by the applicant, prior to the issuance of any Certificate of Occupancy or within specified time periods;
• H. Any alternate service impact mitigation measures to which the applicant has committed in a recordable written instrument;
• A bond in the amount of 120% of the cost of any public improvements required as a result of the anticipated impact of the development or as may be required by regulations in this Code or other law; and
• Such other conditions as may be required to assure compliance with this Code, the Comprehensive Plan or other law.

2.08.00 REVIEW OF DEVELOPMENT PLANS FOR MINOR DEVELOPMENTS: The developer of a proposed minor development may choose to submit the proposed development to both a preliminary and final review, or to a single final review. 

If the developer chooses to submit to both a preliminary and final review, the procedures in 2.08.01 and 2.08.02 below shall be followed;

If the developer chooses to submit to a single final review only the procedures of 2.08.01 shall be followed.

2.08.01 General Procedures:  The developer of a proposed minor development shall submit a preliminary development plan or a final development plan to the City Manager, or designee.

• Within five (5) working days of receipt of the plan; the City Manager, or designee, shall:

1. Determine that the plan is complete and proceed with the procedures below; or

2.. Determine that the information is incomplete and inform the developer in writing of the deficiencies.  The developer may submit an amended plan within thirty (30) days without payment of a re-application fee, but, if more than thirty (30) days have elapsed, the developer must thereafter re-initiate the review process and pay additional fees.

B. The proposed plan shall be placed on the agenda for the next scheduled meeting of the City Technical Review Committee provided required notice can be made.

C. Members of the Technical Review Committee shall receive copies of the plan or otherwise obtain information pertinent to their functional areas prior to the scheduled review meeting.

• D The Committee shall review the proposed development plan pursuant to Section 2.06 (E) of this Article and report its findings to the City Manager, or designee.

• E. The City Manager or designee shall review the plan and comments of the Technical Review Committee and with the requirements of this Code pursuant to guidance received from the Committee.

• F. Within five (5) working days of the meeting of the Technical Review Committee, the City Manager, or designee(s) shall:

• Issue a Preliminary Development Order if it was a preliminary development plan that was reviewed. The Preliminary Development Order shall, as a minimum, contain:

• The approved preliminary development plan with findings and conclusions;
• A listing of conditions that must be met and modifications to the preliminary development plan, if any, that must be made in order for a Final Development Order to be issued. The modifications shall be described in sufficient detail and exactness to permit a developer to amend the proposal accordingly.
• A listing of federal, state or regional permits, if any, that must be obtained in order for a Final Development Order to be issued.
• The time period for which the Preliminary Development Order is valid.  (This indicates that capacity of public facilities and/or services is available concurrent with the impacts of the proposed development, provided that a complete application for a Final Development Order is submitted prior to the expiration date of the Preliminary Development Order.)
• Notice that the Preliminary Development Order does not constitute a Final Development Order and that one or more concurrency determinations subsequently may be required.  The notice may include a provisional listing of facilities for which commitments may be required prior to the issuance of a Final Development Order.
• Such other conditions as may be required or necessary in order to comply with regulations in this Code or other law.
• Issue a Final Development Order complying with Section 2.07 of this Article if it was a final development plan that was reviewed; or
• Deny the applicant a Preliminary or Final Development Order based upon the applicant's failure to meet the requirements of this Code in the proposed development plan(s)
• 2.08.02   Approval of Final Development Plans:  If the developer (applicant) chooses to submit a preliminary development plan for review, a final development plan shall be submitted within six (6) months of approval of the preliminary plan.  If this deadline is not met, the preliminary development order expires.
• Within ten (10) working days the City Manager, or designee, shall determine whether the final development plan can be approved or denied based on whether the plan conforms to the approved preliminary plan and the conditions, if any, imposed during preliminary review.  Upon making such determination, the City Manager, or designee, shall:
• Issue a Final Development Order complying with Section 2.07 of this Article; or
• Deny the applicant an approved Final Development Order based upon the failure of the proposed final development plan to comply with the conditions or regulations imposed by the Preliminary Development Order and inform the applicant, in writing, that he may resubmit his modified proposed final development plan within five (5) working days in order to maintain his relative position and priority in the plan review and service or facility allocation process.  If the applicant fails to meet this deadline all earlier submittal dates are voided and development of the land in question can not be approved unless a new application is submitted at the first appropriate step in this procedure

2.09.00   CONSTRUCTION PERMITS:  After a Final Development Order has been issued, the applicant may, within twelve (12) months of the issuance of the Final Development Order, apply for the necessary construction permits.  The City shall issue the necessary construction permits if the proposed construction is consistent with and approved pursuant to the Final Development Order.  If the application for a construction permit deviates from the Final Development Plan the City shall notify the applicant within five (5) working days of the construction permit application. 

2.10.00   POST PERMIT CHANGES:  After a construction permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms and conditions of the Final Development Order without first obtaining a modification of the order.  Similarly, except for minor field modifications as may be allowed by the Standard Building Codes (reference Article 7), it shall be unlawful to change, modify, alter or otherwise deviate from the terms and conditions of the construction permit without first obtaining a City approved modification to the permit. NOTE:  Construction standard field changes must be made available to the City Manager, or designee, for inspection purposes consistent with the Southern Standard Building Code Requirements.

2.11.00   NOTICE:  Unless otherwise provided by law, regulation or decision, addresses for a mailed notice required by this Code shall be obtained from the records of the Okaloosa County Tax Assessor.  The failure of any person to receive notice shall not invalidate an action if a good faith effort was made to comply with the notice requirements of this Code.

2.12.00   SUBMITTALS:

2.12.01   Applications:  Applications for development review shall be available from the City Manager, or designee. 

A completed application shall be signed by all owners, or their agent, of the property subject to the proposed development plan. Signatures by other parties will be accepted with Notarized proof of authorization by the owners.  In the case of corporate ownership, the authorized signature shall be accompanied by a notation of the signer’s office in the corporation, and embossed with the corporate seal.

2.12.02   General Plan Requirements:  All preliminary and final development plans submitted pursuant to this Code shall conform to the following standards:

All plans shall be drawn to a scale of one inch (1") equals one hundred feet (100'), unless the City Manager, or his designee, determines that a different scale is sufficient or necessary for proper review of the proposal.

• For all multifamily residential and all non-residential development proposals, the trim line sheet size shall be 24 inches by 36 inches.  A 1/2 inch margin shall be provided on all sides except for the left binding side(s) where a 2" margin shall be provided if multiple sheets are used.
• If multiple sheets are used, the sheet number and total number of sheets must be clearly indicated on each.

• The front cover sheet of each plan shall include:

• A general vicinity or location map drawn to scale showing the position of the proposed development in the section, township and range, together with the principal roads, city limits, and any other pertinent orientation information.
• A complete legal description of the property.
• The name(s), address (es) and telephone number(s) of the owner(s) of the property.  Where a corporation or company is the owner of the property, the name and address of the president and secretary of the entity shall be shown.
• The name, business address and telephone number of those individuals responsible for the preparation of the drawing(s).

E. Each sheet shall contain a title block with the name of the development, stated and graphic scale, a north arrow and date.

F. The plan shall show the boundaries of the property with a metes and bounds description referenced to a section, township and range and tied to a section or quarter-section or subdivision name and lot numbers.

G. The area of the property shown in square feet and/oracres.

H. The applicant shall submit two (2) copies of the proposed plan.

I. Minor developments may submit required information textually, graphically or on a map, plan, aerial photograph, or by other means, which ever most clearly conveys the required information.  It is the responsibility of the developer (applicant) to submit sufficient information in a form that allows ready determination of whether the requirements of this Code have been met.

J. Unless otherwise noted, plans for all major developments and all minor multi-family residential or non-residential projects shall contain:

The location of existing property or right-of-way lines, both for private and public property, streets, sidewalks, buildings, transmission lines, sewers, bridges, culverts, drainpipes, water mains, fire hydrants, and any other public or  private easements.

• Any land rendered un-usable for development purposes by deed restrictions or other legally enforceable covenants or limitations.
• All water courses, water bodies, floodplains, wetlands, important natural features, wildlife  areas, soil types and vegetative cover on or adjacent to the site.
• The location of environmentally sensitive lands designated pursuant to Article 11 of this Code, if  any.
• Existing land use and the Zoning District of the subject site.
• The location and intensity or density of the proposed development.
• A general parking and circulation plan.
• Points of ingress and egress and any planned public or private roads, rights-of-way, pedestrian ways, bicycle paths or transportation facilities.
• The existing and proposed storm water management systems on the site and proposed linkage, if any, with existing or planned public storm water management systems.
• Proposed location and sizing of potable water and wastewater facilities to serve the proposed development.
• Proposed open space areas on the development site and types of activities proposed to be permitted on such open space areas.
• Lands to be dedicated or transferred to a public or private entity and the purposes for which the lands will be held and used.
• A description of how the plan mitigates or avoids potential conflicts between land uses.
• Architectural elevations of all buildings sufficient to convey the basic architectural intent of the proposed improvements.
• A soils map of the site.
• A recent aerial photograph encompassing the project area and identifying the project area and total land areas.  The scale shall be no smaller than 1" equals 800 feet.
• A map of vegetative cover including the location and identity, by common name, of all protected trees.
• A topographic map of the site clearly showing the location, identification and elevation of bench marks, including at least one bench mark for each major water control structure.
• A map showing the locations of any soil borings or percolation tests as may be required by this Code.
• The location of any underground or over head utilities, culverts and drains on the property and within 100 feet of the proposed development boundary.
• The 100-year flood elevation boundaries.
• Area and percentage of total site to be covered by impervious surface(s).
• Grading plans specifically including perimeter grading.
• Construction phase lines.
• Building plans showing the location, dimensions, gross floor area and proposed use of buildings.
• Building setback distances from property lines, abutting rights-of-way and all adjacent buildings and structures.
• Minimum floor elevations of buildings within the 100-year floodplain, if any.
• The location, dimensions, type, composition and intended use of all ancillary structures.
• The location and specifications of any proposed garbage dumpsters.
• Cross sections and specifications of all proposed pavement.
• Typical and special roadway and drain sections and summaries of quantities.
• Information sufficient to determine compliance with the Landscape and Tree Protection Regulations of this Code (reference Article 12).
• The location, accompanied by all necessary drawings, construction plans, wiring plans, etc., of all proposed signs.
• The proposed number, minimum area and location of lots, if the development involves a subdivision of land.
• All lots shall be numbered either by progressive numbers or in blocks progressively numbered or lettered except that blocks in numbered additions bearing the same name may be numbered consecutively throughout several additions.
• All interior excluded parcels shall be indicated and labeled accordingly.
• All contiguous property shall be identified by development title, plat book and page, or if the land is un-platted it shall be so designated.
• Total number and type of residential units categorized according to number of bedrooms.  The total number of residential units per gross acre shall be given.
• Location of on-site wells, if any, and wells within 200 feet of any property line, if any.
• Restrictions pertaining to the type and use of existing or proposed improvements, water ways, open spaces, buffer strips and the like shall require the establishment of restrictive covenants and such covenants shall be submitted with the final development plan for recordation.
• If the development includes private streets, ownership and maintenance association document(s) shall be submitted with the final development plan and the dedication contained on the development plan shall clearly indicate the roads and maintenance responsibility to the association without recourse to the City or any other public agency. 
• If the development is to be phased for any reason, a master plan for the entire project shall be submitted with the development plan for the first phase or phases for which approval is sought.  In addition, a schedule indicating approximate development phasing, including the sequence for each phase shall be included.
• The manner in which historic and archeological sites on or near the site will be protected. 

2.13.00   PLATTING (SUBDIVISION):  Where proposed minor or major development includes the subdivision or re-subdivision of land, final approval of such subdivision or re-subdivision shall be made by the City Council in accordance with the regulations contained in Article Seven of this Code.

2.13.01   Minor Replats:  Where development involves a minor replat as defined in Article 3, the City may issue a construction permit without requiring an application review process and a Final Development Order.  Developers shall be required to record the minor replat in the official County records at no expense to the City” and provide three (3) copies to the City for recording on appropriate maps and documents.  Prior to approval of a minor replat by the City Manager, or his designee, the following standards shall be met:

A. Each proposed lot must conform to the requirements of this Code and adopted ordinances of the City.

B.  If any lot abuts a street right-of-way that does not conform to the design specifications provided in this Code, the owner may be required to dedicate one-half the right-of-way width necessary to meet the minimum design requirements.

2.14.00   GUARANTEES AND SURETIES:

A. Applicability:  The provisions of this section apply to all proposed developments in the City, including private road subdivisions.

1. Nothing in this section shall be construed as relieving the developer or applicant of any requirement relating to concurrency or maintenance of level of service as may be required by this Code or the Comprehensive Plan.

2.  This Section does not modify existing agreements between a developer and the City for subdivisions and Final Development Orders granted prior to the effective date of this Code. 

B. Improvements, Agreements Required:  The approval of any development plan shall be subject to the developer  providing assurance that all required improvements, including, but not limited to, storm drainage facilities, streets and highways, water and sewer lines, parking facilities, open space and recreation facilities shall be satisfactorily constructed according to the approved development plan.  The following information shall be provided:

1.  Agreement that all improvements, whether required by this Code or constructed at the developer's option, shall be constructed in accordance with the standards and provisions of this Code.

2.  The term of the agreement indicating that all required improvements shall be satisfactorily constructed within the period stipulated.  The term shall not exceed five (5) years from the recording of the plat or 30% occupancy of the development, which ever comes first.

3.  The projected total cost for each improvement. Cost for construction shall be determined by:

a. An estimate prepared and provided by the applicant's engineer; or

b. A copy of the executed construction contract.

4.  Specification of the public improvements to be made and dedicated together with the time table for making improvements.

5.  Agreement that upon failure of the applicant to make required improvements (or to cause them to be made) according to the schedule for making said improvements, the City shall utilize the surety provided in connection with the agreement.

6.  Provision of the amount and type of surety provided to insure performance.

7.  Provisions that the amount of the surety may be reduced periodically as construction proceeds and improvements are made.

C.  Amount and Type of Surety (Security)

1.  The City Manager or designee, shall be responsible for determining the adequacy of the security proposed to be provided by the developer.

2.  Security requirements may be met but are not limited to the following:

    a.  Cashiers Check;

    b.  Certified Check;

    c.  Agreement between the developer, the lender and the City;

    d.  Provision of an interest bearing certificate of deposit;

    e.  Irrevocable letters of credit; or

    f.  Surety Bond (may be an insurance bond).

3.  The amount of security shall be 120% of the total construction costs for the required developer installed improvements (public and private).  The amount of security may be reduced

commensurate with the completion and final acceptance of required improvements.  In no case, however, shall the amount of the security be less than 120% of the cost of completing the remaining required improvements.

D.  Completion of Improvements

1.  When improvements are completed, final inspection shall be conducted and corrections, if any, shall be completed before final acceptance by the City. The recommendation for final acceptance shall be made upon receipt of a certification of project completion by an Engineer Consultant, City Manager, or designee and one (1) copy of all test results, if any.

2.  As required improvements are completed and accepted, the developer may apply for release of all or portion of the security consistent with the requirements in Paragraph C.3 above.

E.  Maintenance of Improvements

1.  A maintenance agreement and security shall be provided to assure the City that all required improvements shall be maintained by the developer according to the requirements of this Code relating to roads, streets, storm water drainage, open space and recreation areas.

a. The period of maintenance shall be as defined in the regulations relating to the specific improvement.b. The maintenance period shall begin with the acceptance by the City of construction of the improvements.

c. The security shall be in an amount equal to15% of the construction cost of the improvements.

2.  Whenever proposed development provides for the creation of facilities or improvements which are not proposed for dedication to the City, a legal entity shall be created to be responsible for the ownership and maintenance of such facilities and/or improvements.

a. When the proposed   development   is   to   be organized as condominium under the provisions of Chapter 718, F.S., common facilities and property shall be conveyed to the condominium association pursuant to that law.

b. When no condominium is to be organized, an owner's association shall be created, and all common facilities and properties shall be conveyed to that association.

c. No development order shall be issued for a development for which an owner's association is required until the documents establishing such association have been reviewed and approved by the City attorney. 

3.  An organization established for the purpose of owning and maintaining common facilities not proposed for dedication to the City shall be created by covenants running with the land. 

Such covenant shall be included with the final plat. Such organization shall not be dissolved nor shall it dispose of any common facilities or open space by sale or otherwise without first offering to dedicate the same to the City.

2.15.00   APPEALS:  When it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official, or the Mary Esther LPA, (City Council seated as the LPA) in the enforcement of any requirement of this Code, the Mary Esther Code of Ordinances or Land Development Code now existing or to be promulgated in the future by the City, the issue in dispute shall be taken before the City Council. Such issue may include but not limited to, a finding of concurrency deficiency, refusal on the part of the City to issue a final development order. 

2.15.01   Any appeal by any citizen must be filed in writing with the City Clerk within 20 calendar days of rendition of the decision in question, and the reasons for such appeal shall be set forth therein.  The City Clerk shall arrange for an appeal hearing before the City Council, and the Clerk shall notify the appellant in writing of the date, time and place of the hearing.

2.15.02   The appellant shall have the burden of affirmatively demonstrating that the decision in question was in error.  The administrative official(s) involved, or Chairman of the LPA (Mayor), shall have the opportunity to present information and argument to support their decision

2.15.03 The City Council shall base its decision on the requirements of the City’s Comprehensive Plan and this Code.  The Council shall make its decision based upon its usual voting procedures, the decision shall be issued in writing stating the reasoning involved, and it shall be rendered within 60 days of the close of the hearing.  No further administrative appeal is available beyond this stage, though the appellant retains the right of appeal through the Judicial System as provided by law.

  ARTICLE 3 DEFINITIONS

3.0.00   DEFINITIONS

3.00.01   The purpose of this article is to provide definitions applicable to the Land Development Code.  The following terms supplement those contained in the glossary of the Foundation Document:  

Abut:  To physically touch or border upon, or to share a common property line.  

Accessory Use:  A use of land or structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same parcel.  

Adjacent To a Protected Environmentally Sensitive Area:  Any location within five hundred (500) feet of the boundary of any Protected Environmentally Sensitive Area, whether the location is on or off the development site.

 Adversely Affected Person:  Any person who is suffering or will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including but not limited to: interests related to health and safety; police and fire protection services; densities or intensities of development; transportation facilities; recreational facilities, equipment, or services; and environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but must exceed in degree the general interest in community good shared by all persons.  

Adult Congregate Living Facility:  A type of residential care facility, defined in Chapter 400, Part 2, Florida Statutes.

Adverse Effects:  Any modifications, alterations, or effects on waters, associated wetlands, or shore-lands, including their quality, quantity, hydrology, surface area, species composition, or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the reasonable use of property, including outdoor recreation.  The term includes secondary and cumulative as well as direct impacts.

Agricultural Activity:  Any farming and forestry operation affecting land or waters such as site preparation, clearing, fencing, contouring, soil preparation, plowing planting, harvesting, construction of access roads, extraction of stumps and submerged logs, and placement of bridges and culverts.  

Alter or Alteration:  Work done on a Storm water Management System other than that necessary to maintain the system's original design and function.

Appurtenant Structure:  A structure which is on the same parcel of property as the principal structure to be insured under the federal flood insurance program and where the use is incidental to the use of the principal structure.

Area of Shallow Flooding:  A designated AO, AH or VO zone on the Flood Insurance Rate Map, or other area designated on a map by the City Manager, or designee, with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident.

Area of Special Flood Hazard:  The Area of Special Flood Hazard shall include:

• All areas designated on a Flood Hazard Boundary Map as Zone A or a Flood Insurance Rate Map as Zones A, AO, AH, A1-30, AE, A99, VO, or V1-30, VE or V.  The relevant Flood Hazard Boundary Map and Flood Insurance Rate Maps, and any revisions thereto, are adopted by reference and declared to be a part of this Code.

• Other areas of the community designated on a map by the City Manager, or designee, as having a one percent or greater chance of flooding in any given year.  This may include isolated topographic depressions with a history of flooding or a high potential for flooding.

Associated Wetlands:  Any wetland that is adjacent or contiguous to waters, or which has a direct hydrologic connection to waters.

Base Flood:   The flood having a one percent chance of being equaled or exceeded in any given year.

Basement:  That portion of a building having its floor below ground level on all sides.

Beneficial Functions Of A Protected Environmentally Sensitive Area:  Those functions, described in the Conservation Element of the Comprehensive Plan, that justify designating an area as environmentally sensitive.

Breakaway Wall:  A wall that is designed and constructed to collapse under specified lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building:  A structure created to shelter any form of human activity.  This may refer to a house, barn, garage, church, hotel, or similar structure.  Buildings may refer to a historically or architecturally related complex, such as a courthouse and jail, or a house and barn.  Parking lots and garages are hereby deemed to be "buildings"

Clearing:  The removal of trees and brush from the land, not including the ordinary mowing of grass.

Coastal High Hazard Area:  All areas designated on a Flood Insurance Rate Map as V1-30, VE or V.

Concurrency:  A condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development project.

Cultural Resource:  A site, object, structure, building or district listed on the City's Survey of Cultural Resources or in the Historic Preservation Element of the City Comprehensive Plan or on the local register of historic places.

DBH:  Diameter at breast height. "Breast height" is defined to be fifty-four (54) inches above the surface of the ground at the base of the plant or tree.  In the case of a tree with multiple main stems, the diameter shall be the sum of the diameters of the stems.

Demolition:  The tearing down or razing of 25% or more of a structure's external walls.

Density or Gross Density:  The total number of dwelling units by the total site area, less public right-of-way.

Detention:  The collection and storage of surface water for subsequent gradual discharge.

Developer:  Any person who engages in or proposes to engage in a development activity either as the owner or as the agent of an owner of property.

Development of Regional Impact:  Development that impacts on infrastructure, concurrency, the environment or other considerations beyond the political jurisdiction in which development occurs.

Development or Development Activity:  Any of the following activities:

• Construction, clearing, filling, excavating, grading, paving, dredging, mining, drilling or otherwise significantly disturbing the soil of a site.

• Building, installing, enlarging, replacing or substantially restoring a structure, impervious surface, or water management system, and including the long-term storage of materials.

• Subdividing land into two or more parcels.

• A tree removal for which authorization is required under this Code.

• Erection of a permanent sign unless expressly exempted by this Code. 

• Alteration of a historic property for which authorization is required under this Code.

• Changing the use of a site so that the need for parking is increased.

• Construction, elimination or alteration of a driveway onto a public    street.

Development Order:  An order granting, denying, or granting with conditions an application for approval of a development project or activity.  A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders:  preliminary development order, final development order and development permit.  See sub-paragraphs below.

Preliminary Development Order:  Any preliminary approval which does not authorize actual construction, mining, or alterations to land and/or structures.  A preliminary development order may authorize a change in the allowable use of land or a building, and may include conceptual and conditional approvals where a series of sequential approvals are required before action authorizes commencement of construction or land alteration.  For purposes of this Code preliminary development orders include Future Land Use Map amendments, Comprehensive Plan amendments which affect land use or development standards, preliminary development plan approval, and master plan approval.

Final Development Order:  The final authorization of a development project; the authorization which must be granted prior to issuance of a development permit as defined for purposes of this Code.  (The final development order authorizes the project, whereas the development permit authorizes specific components of the project, such as building construction, parking lot installation, landscaping, and the like.)  For purposes of this Code the final development plan approval is the final development order.

Development Permit:  For purposes of this Code a development permit is that official city document which authorizes the commencement of construction or land alteration without need for further application and approval.  Development permits include: all types of construction permits (plumbing, electrical, foundation, mechanical, and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, tree removal permits, sign permits, etc.

 Direct Hydrologic Connection:  A surface water connection which, under normal hydrological conditions, occurs on an average of thirty (30) or more consecutive days per year.  In the absence of reliable hydrologic records, a continuum of wetlands may be used to establish a direct hydrologic connection.

District:  A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, building, structures, objects, or areas, which are united historically or aesthetically by plan or physical development.  A district may be comprised of individual resources which are separated geographically but are linked by association or history.

 Drip Line:  The outermost perimeter of the crown of a plant as projected vertically to the ground. 

Dwelling Unit:  A single housing unit providing complete, independent living facilities for one housekeeping unit, including permanent provisions for living, sleeping, eating cooking and sanitation.   

Existing:  for purposes of the storm water management provisions of this Code, the average condition immediately before development or redevelopment commences.

 Flood or Flooding:  A temporary partial or complete inundation of normally dry land from the overflow of inland or tidal waters, or from the unusual and rapid accumulation of runoff or surface waters from any source.

Flood Hazard Boundary Map (FHBM):  The map issued by the Federal Emergency Management Agency showing flood-prone areas.  Drawn from United States Geological Survey Maps, it does not provide flood elevations and is intended to be used only until the Flood Insurance Rate Map is produced.

Flood Insurance Rate Map (FIRM): The official map issued by the Federal Emergency Management Agency showing both the Area of Special Flood Hazard and the risk premium zones within the city. 

Floodplain:  Land which will be inundated by floods known to have occurred or reasonably characteristic of what can be expected to occur from the overflow of inland or tidal waters and the accumulation of runoff of surface waters from rainfall.

Floodway:  The channel of a natural stream or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream or river.

Floor Area Ratio (FAR):  A means for determining intensity of land use.  FAR is calculated by adding all authorized floor levels minus setback, landscape and parking requirements and then dividing this total by the gross site area.

Functionally Dependent Use:  A use which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking, loading and unloading of cargo or passengers, ship building and ship repair, or processing seafood.  The term does not include long-term storage or related manufacturing uses.

Gross Density or Density:  The total number of dwelling units divided by the total site area, less public right-of-way.

Gross Floor Area:  The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling is less that six (6) feet.  

Highest Adjacent Grade:  The highest natural elevation of the ground surface adjacent to the proposed walls of structure.

Impervious Surface:  A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.  

Improvement:  Any man-made, immovable item which becomes part of, is placed upon, or is affixed to real estate.

Junkyard:  Premises or portions thereof used for the storage or sale of used and discarded materials, including but not limited to, paper, rags, metal, building materials, appliances, household furnishings, machinery, vehicles, equipment, or parts thereof.  The storage for a period of two (2) or more months of two (2) or more wrecked or partly dismantled motor vehicles, parts of dismantled motor vehicles, or the sale of parts thereof, not capable of or not intended to be restored to highway operating condition shall also constitute a junkyard. For the purposes of this Code, such uses as automobile reclaiming businesses, automotive wrecking businesses, automotive salvage businesses and recycling centers shall be considered junkyards.  

Lot:  A designated parcel, tract or area of land established by plat, subdivision or as otherwise allowed by law.

Lowest Floor:  The lowest enclosed floor of a structure, including a basement, but not including the floor of an area enclosed only with insect screening or wood lattice as permitted by the flood damage prevention regulations in this Code.  

Maintenance:  That action taken to restore or preserve the original design and function of any Storm water Management System.

Major Deviations:  A major deviation is a deviation other than a Minor Deviation, from a Final Development Plan.

Manufactured Home:  A structure, transportable in one or more sections, which is built on a permanent chassis, designed to be used with or without a permanent foundation, and connected to the, required utilities.  The term also includes park trailers, travel trailers, and similar transportable structures placed in use (other than for sale) on a site for 180 consecutive days or longer.  

Manufactured Housing:  Manufactured housing has the following features or characteristics.  It is:

• Mass produced in a factory; 

• Designed and constructed for transportation to a site for installation and use when connected to required utilities; 

• Either an independent, individual building or a module for combination with other elements to form a building on the site. 

Mean Sea Level:  The average height of the sea for all stages of the tide.  For purposes of this Code the term is synonymous with National Geodetic Vertical Datum (NGVD).  

Minor Deviation:  A minor deviation is a deviation from a Final Development Plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

• Alteration of the location of any road, walkway, landscaping or structure by not more than five (5) feet. 

• Reduction of the total amount of open space by not more than five (5) percent, or reduction of the yard area or open space associated with any single structure by not more than five (5) percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this Code. 

Minor Replat:  The subdivision of a single lot or parcel of land into two (2) lots or parcels, or the subdivision of a parcel into two or more lots solely for the purpose of increasing the area of two or more adjacent lots or parcels of land, where there are no roadway, drainage or other required improvements, and where the resultant lots comply with the standards of this Code.

Multi-Family Dwelling:  Any residential structure containing two (2) or more separate dwelling units. 

Natural Systems:  Systems which predominantly consist of or are used by those communities of plants, animals, bacteria and other flora and fauna which occur indigenously on the land, in the soil or in the water.

New Construction:  Structures or substantial improvements for which the "start of construction" occurred on or after the effective date of this Code, and any alteration, repair, reconstruction or improvements to a structure which is in compliance with flood damage prevention regulations. 

Object:  A material thing of functional, aesthetic, cultural, historical, or scientific value that may be by nature of design, movable, yet related to a specific setting or environment.

Ordinary Maintenance:  Work which does not require a construction permit and that is done to repair damage or to prevent deterioration or decay of a building or structure or part thereof as nearly as practicable to its condition prior to the damage, deterioration, or decay.  

Original Appearance:  That appearance (except for color) which, to the satisfaction of the City Manager, or designee, closely resembles the appearance of either (1) the features on the building as it was originally built or was likely to have been built, or (2) the features on the building as it presently exists so long as the present appearance is appropriate to the style and materials of the building.

Owner:  A person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parcel:  A unit of land within legally established property lines.  If, however, the property lines are such as to defeat the purposes of this Code or lead to absurd results, a "parcel" may be as designated for a particular site by the City Manager, or designee.

Persons:  Any individual, group of individuals, corporation, partnership, association, or any other entity, including State and local governments and agencies.  

Pollutant:  Any substance, contaminant, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

Protected Environmentally Sensitive Area:  An environmentally sensitive area designated for protection in the Conservation Element of the City Comprehensive Plan.

Protected Tree:  Any tree that has a DBH of more than eight (8) inches, and which is not otherwise exempted from this Code.

Protected Wellhead:   Those wellheads with a permitted capacity of 100,000 GPD or more.  

Rate:  Volume per unit of time.

Recreational Vehicle:  A vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreation, camping, and travel use and including, but not limited to, travel trailer, truck campers, camping trailers, and self-propelled motor homes.

Regulatory Floodway:  The channel of river or other watercourse and the adjacent land areas that must be unobstructed in order to  discharge the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.   

Remove:  To relocate, cut down, damage, poison, or in any other manner destroy or cause to be destroyed a tree.

Retention:  The collection and storage of runoff without subsequent discharge to surface waters.

Runoff Coefficient:  Ratio of the amount of rain which runs off a surface to that which falls on it; a factor from which run-off can be calculated.

Sand Dunes:  Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sediment:  The mineral or organic particulate material that is in suspension or has settled in surface or ground waters.

Significant Adverse Effect:  Any modification, alteration, or effect upon a Protected Environmentally Sensitive area which measurably reduces the Area's beneficial functions as delineated in the Conservation Element of the City Comprehensive Plan.

Single-Family Dwelling:  A structure containing one dwelling unit, and not attached to any other dwelling unit by any means.  A single-family unit may contain an accessory apartment pursuant to this Code.

Site:  The location of a significant event, activity, building, structure, or archeological resource where the significanceof the location and any archeological remains outweighs the significance of any existing structures.

Site:  Generally, any tract, lot or parcel of land or combination of tracts, lots or parcels of land that are in one ownership, or in diverse ownership but contiguous, and which are to be developed as a single unit, subdivision, or project.

Start of Construction:  The date the construction permit was issued, provided the "actual start of construction" was within 180 days of the permit date.  The "actual start of construction" means the first placement of permanent elements of a structure 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 of the placement of a manufactured home on a foundation.  Permanent construction does not include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; erection of temporary forms; or the installation of appurtenant structures.  This definition does not apply to new construction or substantial improvements under the Coastal Barrier Resources Act (P. L. 97-348)  

Stormwater:  The flow of water which results from, and that occurs immediately following, a rainfall.

Stormwater Runoff:  That portion of the stormwater that flows from the land surface of a site either naturally, in manmade ditches, or in a closed conduit system.

Stormwater Management System:  The system, or combination of systems, designed to treat stormwater, or collect, convey, channel, hold, inhibit, or divert the movement of stormwater on, through and from a site.  

Structure:  Means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.  Among other things, structures include buildings, mobile homes, billboards, and poster panels.

Substantial Improvement:  Any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during which the cumulative cost equals or exceeds fifty percent of the market value of the structure.  The market value of the structure is the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the occurrence of the damage.  For the purposes of this definition, "substantial improvement" occurs when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.  The term does not, however, include any improvement of a structure to comply with existing health, sanitary, or safety codes, or any alteration of a structure listed on the National Register of Historic Places, the Local Register of Historic Places, or a State Inventory of Historic Places, unless that alteration will cause the structure to lose its historical designation.

Surface Water:  Water above the surface of the ground whether or not flowing through definite channels, including the following:

• Any natural or artificial pond, lake, reservoir, or other area which ordinarily or intermittently contains water and which has a discernible shoreline;

• Any natural or artificial stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, street, roadway, swale or wash in which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed or banks; or  Any wetland. 

Tree Protection Zone:  A circular zone around each protected tree defined as follows:

• If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six
• (6) feet around the tree.

• If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

• If the drip line is twenty (20) feet or more from the trunk of the tree, the zone shall be that area within a radius of twenty (20) feet around the tree.
•  

Vehicle Use Area:  An area used for circulation, parking, and/or display of motorized vehicles, except junk or automobile salvage yards.

Water or Waters:  Includes, but is not limited to, water on or beneath the surface of the ground or in the atmosphere, including natural or artificial watercourses, streams, rivers, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground.

Water Body:  Any natural or artificial pond, lake, reservoir, or other area with discernable shoreline which ordinarily or intermittently contains waters. 

Watercourse:  Any natural or artificial channel, ditch, canal, stream, river, creek, waterway or wetland through which water flows in a definite direction, either continuously or intermittently, and which has a definite channel, bed, banks or other discernible boundary.

Water's Edge and Wetland's Edge:  The water's or wetland's edge shall be determined by whichever of the following indices yields the most landward extent of waters or wetlands:

• The boundary established by the average annual high water mark; 

• The landward boundary of hydric soils; or 

• The landward boundary of wetland vegetation, based on the wetland vegetation index. 
• Wellhead Protection Area:  A diameter of 200 feet around a well site where no other land use is permitted.  

Wetland:   Land that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  The term includes, but is not limited to swamp hammocks, hardwood swamps, riverine cypress, cypress ponds, bay heads and bogs, wet prairies, freshwater marshes, tidal flats, salt marshes, mangrove swamps and marine meadows.

Zone of Exclusion:  All land within a two hundred (200) foot radius of an existing or designated protected wellhead.  No development activities shall take place in the zone of exclusion.

ARTICLE 4 PUBLIC PARTICIPATION

 4.00.00   PUBLIC PARTICIPATION

4.00.01     The purpose of this Article is to delineate procedures for public participation in all matters coming before the City Council, Local Planning Agency or Advisory Committee appointed by the City Council at regularly scheduled or special meetings and workshops.

4.00.02    The term "citizen participation" and "public participation" are synonymous and apply to affected persons, substantially affected persons and aggrieved or adversely affected parties as defined in Florida Statutes, sections 163.3184(1), 163.3213(2)(a) and 163.3215(2), respectively.  

4.01.00     NOTICE PROCEDURES

• All public hearings and public meetings held to consider any matter coming before the City Council shall be held after 5:00 P.M. Monday through Friday. Workshops may be held at other times deemed appropriate. 

• The City Clerk will advertise twice in a newspaper of general paid circulation, interest and readership within the city, that a public hearing or public meeting, as the case may be, will be held to consider any of the matters deemed appropriate.  The advertisement will include an identification of who is holding the hearing, meeting or workshop, as well as the date, time, place and general subject of the hearing, meeting or workshop and the location where copies of the proposed matter may be reviewed. The advertisement will encourage the public to provide written and/or verbal comments on the matters under consideration. Workshops may be held without advertising, provided a public announcement is made at a public meeting of the local planning agency.  Nothing herein is intended to alter or obviate the requirements of Florida Statutes section 163.3184.

• The first publication shall appear not less than fourteen (14) Days prior to the date of the hearing, meeting or workshop and the second publication shall appear not less than five (5) days prior to the hearing, meeting or workshop. 

• A notice of all such public hearings, public meetings, and workshops will be posted in a conspicuous place in city hall at least seven (7) days prior to the hearing, meeting or workshop. Notice will also be given to the appropriate media representatives at least twenty-four (24) hours before all public hearings, public meetings and workshops.  Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or City Council.

• A notice will also be provided of any public hearing, public meeting, or workshop, to any group, agency or government that registers with the city to receive such notice at least fourteen (14) days prior to the hearing, meeting or workshop.  The group, agency or government receiving such notice shall be responsible to notify their membership of the particulars involved. Workshops may be held without the notice, provided a public announcement is made at a public meeting of the local planning agency or City Council. 

4.02.00   LOCAL PLANNING AGENCY PROCEDURES

• The local planning agency's public hearing and public meeting regarding any matter shall be conducted so as to encourage and afford members of the public reason-able opportunity to present their views on any matter under consideration.  The chairman may, at his or her discretion, rule out-of-order public comments deemed repetitious or not germane to the matter under discussion. An agenda for the meeting shall be posted in or near the meeting room and generally available to those in attendance.

• The influence of activities at such planning agency's meeting regarding the matters under consideration shall be as follows:

• Announcement of the matter for consideration by the chairman with the reading of any required public notice by the chairman, or his designee.
• Presentation of staff reports/comments, if any, whether written or verbal.  Written staff reports, if prepared, shall be provided to the local planning agency, applicable agencies, media, proponents and any group registered pursuant to section 4.01 E at least seven (7) days prior to consideration.
• Receipt of comments from the proponents and opponents of the matter as nearly equal proportions as possible.  All speakers will be required to fill out address cards so that an accurate record of participants can be maintained.
• Close public input except for direct questions as may be initiated by the members of the local planning agency.
• Local planning agency discussion, debate and recommendation by majority vote prior to considering the next matter or adjournment. 
• The local planning agency shall record its written recommendation on each matter decided to be reviewed again and communicated to the public when seated as City Council. Substantive public comments received during consideration of the matter shall be recorded and incorporated by the City Council as appropriate.
• The local planning agency shall conclude consideration of the agenda no later than 11:00 P.M. No agenda item may be initiated after 10:30 P.M. unless a majority vote agrees to do so.  Agenda items not considered at this date will be placed first on the agenda for the next available date that meets applicable notice requirements.
• As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

4.03.00   CITY COUNCIL PROCEDURES

• No sooner than fifteen (15) days after the local planning agency makes a finding regarding any matter described, the City Council shall hold at least one (1) public hearing to consider the recommendation.  The hearing may be continued to an announced time certain upon a majority vote.  An agenda for the hearing shall be posted in, or near, the meeting room and be generally available to those in attendance. 

• The City Council public hearing shall encourage and afford members of the public reasonable opportunity to present their views on any matter under consideration. The chairman may, at his or her discretion, rule out-of-order public comments deemed repetitious or not germane to the matter under discussion.

• The sequence of activities regarding matters under consideration shall be as follows:

• Announcements of the matter for consideration by the Mayor with the reading of any public notice by the Mayor or his designee. 
• Presentation of staff reports/comments, if any, whether written or verbal.  Written staff reports, if prepared, shall be provided to the City Council, applicable agencies, proponents and any group registered pursuant to section 4.01.  The recommendation of the local planning agency shall also be presented in written form.
• Receipt of comments from the proponents and opponents of the matter in as nearly equal proportions as possible.  All speakers will be required to fill out address cards so that an accurate record of participants can be maintained.
• Close public input except for direct questions as may be initiated by the members of the City Council.
• City Council discussion, debate and approval, adoption or enactment, as appropriate for the specific matter, by majority vote prior to considering the next matter or adjournment. 
• The City Council shall conclude consideration of the agenda no later than 11:00 P.M.  No agenda item may be initiated after 10:30 P.M. unless a majority vote to do so.  Agenda items not considered at this hearing will be placed first on the agenda of the next date available that meets applicable notice requirements.
• As soon as practical, a meeting summary or minutes shall be prepared in conformance with the applicable public records laws of the state.

4.04.00   ADVISORY COMMITTEES

A. The City Council may, from time to time, appoint advisory committees to participate in the matters subject to public meeting requirements of the local planning agency.  Workshops conducted by the advisory committee are open to the public.

4.05.00   EXECUTIVE SUMMARIES

A. As soon as practical after adoption of the comprehensive plan, or any amendments thereto, a summary of the document shall be prepared and made available.

ARTICLE 5

GENERAL REQUIREMENTS

5.00.00  TITLE:  This document is the Land Development Code for the City of Mary Esther and may be referred to also as the "Code" or "LDC".  It follows in structure and format the Mary Esther Comprehensive Plan:  2000.

5.01.00  AUTHORITY:  The Code (LDC) is developed pursuant to Chapter 163.3202, Florida Statues, the Mary Esther Comprehensive Plan, 2000, the City Charter and the general powers provided local government in Chapter 166, Florida Statues.

5.02.00  APPLICABILITY:  The provisions of this Code apply to all development in Mary Esther.  It takes precedent over any other ordinance, resolution or procedure affecting land use and no development may be undertaken without prior authorization pursuant to this Code.

5.02.01  Exceptions:

• Previous Development Permits:  Neither this Code nor amendments thereto shall affect the validly of a lawfully issued development permit if the following conditions are effective:

• The permitted development activity has commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this code but within six (6) months of issuance of the building permit; and
• The development activity continues without interruption until the development is complete.  If the development permit expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.
• Consistency With Plan:  Nothing in this Section shall be construed to authorize development that is inconsistent with the Mary Esther Comprehensive Plan.

5.03.00  GUIDE FOR USERS:

5.03.01 Unified Land Development Regulations:  This Code was enacted to provide a single consolidated reference source for land development regulations in the City of Mary Esther.  It replaces and updates certain ordinances that are outdated or redundant.  In other cases, it supplements ordinances previously enacted pertaining to land development.  Many of these ordinances are incorporated either in part or in whole in to this Code. Where no regulatory instruction mandated by the Comprehensive Planning Act of 1985 has been previously addressed or codified by city ordinance, this Code provides the requirements in accordance with the Comprehensive Plan, 2000.  In all cases, therefore, where there may be a conflict between this Code and existing ordinances, the Code shall take precedent. In summary, the Code establishes a single set of site design criteria and provides procedures for the expeditious processing of development projects and permit applications.

5.03.02 Checklists for Preparation and Review of Development Proposals:  Article 17 of this Code provides checklists that must be completed and submitted by developers before a formal review and approval process of construction activity may begin.  The following checklists are provided to indicate to developers the areas for consideration prior to submitting an application for a construction permit.

I. Land Use: Type, Density and Intensity

______ In what land use district is the development site located?

______ What uses are allowed in the district?

______ In residential districts, what is the maximum allowable density?

______ In commercial districts, what is the allowable intensity (floor area ratio) of the development?

II. Restricted Zones:  Certain sites designated for development may pose additional restrictions either under existing conditions or in future land use.  Policies for such sites are found in the Comprehensive Plan.  Support Documents identify locations and special provisions.

______ Is the site a historic landmark or within a designated historic district?

______ Does the proposed development involve the construction in a conservation area, flood plain, or wetlands?

______ Is the site within the cone of influence of deep wells (200feet)? 

______ Is the site located on waterfront property? 

 III. Consistency and Concurrency Management:

  This checklist is to help ensure that proposed development is consistent with the Mary Esther Comprehensive Plan and meets concurrency requirements.

_____ Is the development consistent with the Comprehensive Plan?

_____ Is the general concurrency requirement met with regard to the following considerations?

_____ Will the proposed development use potable water? 

_____ Will development create wastewater?

_____ Will development increase traffic on surrounding streets?

_____ Will development change the amount, nature, and patterns of stormwater runoff?

_____ Will development create solid waste?

IV. Resource Protection Standards:  Certain flora and fauna and environmentally sensitive areas may be affected by development. The following checklist should be considered prior to initiating development actions.

_____ Does the site contain protected trees?

_____ Does the site contain wetlands, or other environmentally sensitive lands described in the Comprehensive Plan?

____ Is the site near a well field or wellhead?

_____ Does the site contain habitat of threatened or endangered species?

_____ Does the site contain land in the 100-year flood plain?

V. Development Design and Improvement Standards:  Standards for controlling the development are intended to provide maximum public benefits.  This checklist should be reviewed to determine the following requirements:  impervious surface ratio, access, building setback, parking, sidewalk and biking, and landscaping.

_____ Will the development involve land subdivision?

_____ Will development contain buildings or other impervious surfaces?

Other design and improvements include:

_____ Will the development involve the installation of utilities?

_____ Will development affect the quality or quantity of stormwater runoff?

____ Does the site require that a buffer be installed?

_____ Does the development require unique conformance design standards such as for recreational vehicle parks, junk-yards, fuel farms?

VI.  Accessory Structures and Uses

  _____ Is a satellite dish antenna to be installed?

_____ Is a storage, building, utility building or greenhouse to be installed?

_____ Is a swimming pool, hot tub or similar structure to be installed?

_____ Is a fence to be installed?

_____ Is an accessory apartment to be created?

_____ Is a home occupation to be started?

_____ Is an employee dining room, fitness center or other amenity part of industrial/commercial or does a residential development include a recreation/meeting center? 

VII. Signs:

_____ Are planned signs exempt from City regulation?

_____ Are planned signs prohibited?

VIII.  Noxious Performance Standards:

_____ Will the development create exceptional noise?

_____ Will exceptional vibration be created?

_____ Will air pollution be created?

 _____ Will odor be created?

_____ Will risk of fire or explosion be created?

_____ Will there be a risk of electromagnetic interference?

IX. Hardship Relief (Variance, Special Exceptions):

_____ Is the development in an existing location that does not conform to Land use regulations?

_____ Is relief sought from the strict application of a development design standard?

_____ Is relief sought from the resource protection standards?

X. Boards and Agencies:  If a decision is made by a developer to proceed with development after the required checklist forms are completed, procedures for development review established by the City must be followed. Persons, Departments, Boards and Agencies involved in that review are as follows:

• The City Manager, or designee, serves as the developer’s initial point of contact with the city;
• The Technical Review Committee composed of City staff is headed by the City Manager, or designee.
• The City Council hears and makes findings to be considered regarding land use and requests for variances and special exceptions;
• The Local Planning Agency/City Council is the agency responsible for the development, implementation, and interpretation of the Comprehensive Plan.
• The City Council is the final authority on all decisions affecting land use in he City.
• ARTICLE 6

6.00.00 CONCURRENCY MANAGEMENT SYSTEM

 6.00.01  A Concurrency Management System (CMS) ensures that facilities and services needed to support development are available concurrent with the impacts of such development.  Prior to the issuance of a development order (permit), the system shall ensure that the adopted level of service standards in this Ordinance for roadways, potable water, sanitary sewer, solid waste, drainage, recreation and open space will be maintained. The City Manager, or designated agent, shall be responsible for ensuring developer compliance with the Concurrency Management System and shall report on such compliance to the LPA/City Council as required.  Checklists provided in Article 17 and quantifying standards established by this Article are provided to arrive at concurrency determinations (Also see Article 14, Section 14.02).

6.02.00  GENERAL REQUIREMENTS:

A. Under any of the following criterions, the burden of showing concurrency compliance shall be upon the developer. Such information shall be compiled and quantified prior to requesting a Plan Development Review described in Article 2.05.01:

1.  The planned activity involves combined land and water area exceeding five (5) acres;

2.  The development is a residential project including ten (10) or more dwelling units per acre of land or a total of fifty (50) or more dwelling units;

3.  Development involves more than fifteen thousand (15,000) square feet of non-residential floor space; and

4.  When development in aggregate with other requests for a development order (permit) exceeds any of the above limits.

5.  When existing Levels of Service for affected roadways are at LOS E.

B.  The City Manager, or designated agent, shall make concurrency findings when the planned activity is less than the limits provided above.

 C.      Concurrency shall be evaluated by the Technical Review Committee (City Staff) prior to the time the planned activity is presented to the LPA/City Council. 

6.03.00  MAINTAINING LEVELS OF SERVICE:  In no case shall any part of the planned activity such as plot improvement or building foundation commence without a finding of concurrency which establishes that levels of service will not be degraded.

6.03.01  Exceptions:  Not withstanding the foregoing, the LOS may be degraded during the actual construction of new facilities if upon completion the prescribed standards will be met.

 6.03.02  Phased Construction:  The construction of any development project may be phased or staged so as to coincide with the phased or staged construction of infrastructure facilities so that the levels of service for such facilities are maintained upon completion of each phase or stage of the development.

6.04.00  MINIMUM REQUIREMENTS:  As a minimum, at least one (1) of the following standards will be met prior to issuance of a development order:

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

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

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

6.05.00  QUANTITATIVE METHODS FOR SANITARY SEWER, SOLID WASTE, DRAINAGE, POTABLE WATER, RECREATION AND OPEN SPACE:  For purposes of these regulations, ensuring that minimum standards are maintained requires calculation of existing capacity and planned new capacity or facilities less demand imposed by the planned development.

6.05.01  Adding Capacity:

A.  Add total capacity of existing facilities (sanitary sewer, solid waste, drainage, potable water, recreation and open space).

B.  Add to the above, total capacity of new facilities, or facility expansions that will result from planned activity.  Capacity of new facilities shall be counted only under one or more of the following conditions: 

1.  Construction of the new facilities is underway at the time of the issuance of a final development order.

2.  The new facilities are the subject of a binding contract for the Construction of the facilities or the provision of  services at the time of issuance of the final development order.

6.05.02  Subtracting Capacity:  From the sum calculated above, subtract the following:

A.    The demand for the service or facility created by existing development as documented in the foundation documents of the  Comprehensive Plan plus the demand upon any new facility, expansions, or improvements anticipated as a result of the planned activity.

 B.  Demand shall be calculated using the following adopted LOSs.

  1.  Sanitary Sewer - 128 gallons per capita per day

  2.  Solid Waste - 5 pounds per capita per day

  3.  Drainage - retain the first inch of run-off on site; and post development run-off shall not exceed the pre-development rate for a 25-year storm event,  up to an including an event with a 24-hour duration.

  4.  Potable Water - 90 gallons per capita per day (average)

  5.  Recreation and Open Space - 2 acres per 1000 population.

6.05.03  Deficient Capacity:  Where capacity is shown to be deficient, the following methods may be used to maintain adopted levels of service.

A.  The developer may agree to provide necessary capacity improvements to maintain levels of service.  In such case, the planned activity shall be modified to guarantee no degradation of existing capacity in accordance with Section 6.04 above.

B.  The planned activity may be reduced in scope so that demand does not exceed capacity.

C.  The developer may petition the City to provide required infrastructure to maintain LOS using the processes outlined in Articles 2 and 17, Sections 17.04.00 and17.05.00 "Checklists" for such a request.  This is to provide only an option for consideration by the City Council.  Such a request, which must be financed from the General Fund, can be granted only under the following conditions:

1.  Planned activity will result in multiple benefits for the community whether economic, cultural, recreational or social. 

2.  If such an expenditure is authorized, the resulting capacity improvement shall be available to any other developer who may have been previously denied a development order for an identical capacity deficiency (or deficiencies). 

6.06.00  QUANTITATIVE METHODS FOR TRANSPORTATION CONCURRENCY:

6.06.01   The Capacity for transportation facilities shall be evaluated using the "Florida Highway Systems Plan Level-of-Service Standards and Guidelines Manual" of the Florida Depart-ment of Transportation, January 1, 1989, or as amended, and/or the LOS Tables 5-4 through 5-6 of Chapter 5, Foundation Documents.

A.  Property serviced by local roadways located within a recorded subdivision plat shall be evaluated for impact a the nearest point of ingress/egress to any roadway serving it.

6.06.02   Development impact on the roadway system shall be determined by utilizing the Selected Land Use Generation Rates shown in Table 5-9 of the Foundation Documents or the trip generation data provided in Table 6.06.02.

 6.06.03   Impact of residential land use shall be evaluated as follows:  (Note:  Percentages of trips generated as shown on the Trip Generation Table shall be applied):

A.  From the development to points of ingress/egress to collector and arterial roadways serving the development.

B.  From the points of ingress/egress to development and there from to entrances of major employment centers having commuting employees numbering as follows: (Applies to cumulative number of employees at shopping centers, industrial parks, military installations, etc. On site or on base populations are to be excluded):

  1.  500 employees - one (1) mile

  2.  500-1,000 employees – two (2) miles

  3.  1,000 - 2,000 employees – four (4) miles

  4.  2,000 - 3,000 employees - six (6) miles

  5.  3,000 - 4,000 employees - eight (8) miles

  6.  4,000 - 5,000 employees - ten (10) miles

  7.  5,000 or greater employees - twelve (12) miles

C.  Influence of a development on traffic concurrency shall in no case be measured beyond a distance of twelve (12) miles.

D. In a minimis development, which is minor development such as a single family house on a vacant lot in already development neighborhoods, or development constituting a minor replat (see Article 2, Section 2.13.01) may be excluded from concurrency evaluation in accordance with Article 2, Section 2.04.02.  However, if roadways used by such development are classified as constrained or backlogged facilities, they shall not be degraded more than the level, if any, established by the Comprehensive Plan.

E.  In cases where a major project development, Development of Regional Impact (DRI) and Planned Unit Development (PUD) occurring outside the political jurisdiction impact roadways within the jurisdiction, it shall be incumbent upon the officials of the jurisdictions involved to coordinate impact implications through the Comprehensive Plan Committee (See Article 13)

ort Walton Beach Urban Area

 Average Trip Lengths, Fort Walton Beach (1985)1

Purpose                                    Minutes                      Miles 

 Home-Based Work2                                15.54                        9.07

 Home-Based Shop                                    9.52                         5.55

 Home-Based Social/Recreational              9.72                         5.67

 Home-Based Other                                  10.70                        6.25

nternal-External                                      29.29                       17.09

• Data extrapolated from Table 12, “Fort Walton Beach Urban area transportation Study, Plan Update 2015.”

• Average trip lengths from home to work are longer than other internal trips purposes since major employment areas are usually not adjacent to large residential areas.

EXPLANATORY NOTE:  This table, based upon a trip purpose study performed under the auspices of the Greater Fort Walton Beach Metropolitan Planning Organization (MPO), provides the rationale for determining radii of influence of major employment centers on residential development as depicted in Figure 6.06.03.  It is used in conjunction with numbers of employees commuting from home to respective work centers specified in Article 6.06.03 of the LDC. For the purpose of this illustration, an arterial road having an "F" segment is used to test concurrency.  For example, the three illustrated work centers (shopping center, industrial park, air base) would attract trips from proposed housing developments designated on the graph.

The "No" residential symbol means that the development would be within the zone of the air base with 6,000 employees.  Since "home-based work" trips from such a development would transit the "F" road segment, this particular development would fail the test of concurrency.  Other residential symbols classified "Yes" would pass the concurrency test for falling either outside the radii of influence of employment centers or because the trip to work would not traverse the "F" segment.

Other models for determining radii of development influence may be found in the literature. Usually these are measured from a deficient, or "F" segment of a roadway, outwardly for a distance of so many feet or miles.  Another model calls for capacity evaluation (concurrency determination) between established traffic count stations.  The Department of Community Affairs has ruled that such arbitrary establishment of influence zones is not acceptable.  Also, such measurement devices tend to punish the community in which a deficient road segment is located without any consideration given to impact caused by external traffic. That is, traffic that originates in adjacent political jurisdictions, but is attracted to external employment centers.

This model, prepared by J.E. Dorman & Associates, Inc., fairly considers source(s) of impact on deficient roadways in that it uses average trip times and miles traveled by commuting populations. Rectifying deficient roadways therefore becomes a regional problem rather than one left solely to the resources of a single community to resolve. Schools also attract commuting populations.  However, since traffic generated is usually internal flow during peak hours is generally in the opposite direction of Home-Base Work traffic flows.  Schools, therefore, are not considered in this model.

6.06.04   Impact of non-residential land use on traffic circulation shall be evaluated as follows:

 A.  Development of zero to 49,000 sq. ft. - one half-mile (1/2)

 B.  Development of 50,000 to 99,999 sq. ft. - one (1) mile

 C.  Development of 100,000 sq. ft. to 199,000 sq. feet -two (2) miles  

 D.  Development of 200,000 sq. ft. or greater - three (3) miles

• Influence of a non-residential development on traffic concurrency shall in no case be measurable over a distance to exceed three (3) miles.  However, if development attracts a commuting population of more than 1,500, Article 6.06.03 shall apply.

6.06.05   The estimated number of trips generated by the proposed development within the areas of influence described above shall be subtracted cumulatively from the available capacity to determine whether the roadway's capacity is adequate to support the development using the City's adopted LOS.  Adopted LOS "E" shall apply to all roadways within the City.

6.06.06   For roadways where there is no recent traffic count the City shall require that the applicant obtain a count as soon as practicable.  The count must be based upon accepted traffic engineering principles.

6.07.00   DETERMINATION OF CONCURRENCY:  Determination of concurrency in all measurable categories by the City occurs during the initial Plan Development Review (Section 2.06) and before the activity reaches the LPA/City Council.

6.07.01   Adopted Levels of Service:  Adopted levels of service are provided under Article 15 of the Code. 

06.07.02    Administration:  City of Mary Esther concurrency determination shall be as specified in Section 6.06 above; developer concurrence assessment shall be in accordance with Section 6.02. City officials having the responsibility for evaluating concurrence shall be as set forth in Section 6.01 and, generally, under Article 2.

TABLE 6.06.02

GENERATION RATES                  

Land Use Type                        ITE                          Rate1                        New Trip Percentages  2

Code                                                                (1 less capture rate)    

Water ports                                             010                          171.5/ship berth

                                                                11.9/acre

Commercial Airports                               021                          11.82/flights-day      90%

General Aviation                      022                          3.06./flights-day

Truck Terminals                      030                          6.00/employee

9.86/1000 gsf

81.9/acre

Industrial                                                  100                          3.0/employee                           92%

5.43/1000 gsf

59.9/acre

General Light Industrial                            110                          3.20/employee         92%

5.46/1000 gsf

52.4/acre

General Heavy Industrial          120                          2.05/employee         92%

1.50/1000 gsf

15.6/acre

Industrial Park                         130                          3.59/employee         92%

7.00/1000 gsf

62.8/acre

Manufacturing                                          140                          2.01/employee         92%

3.86/1000 gsf

38.9/acre

Warehousing                            150                          3.89/employee         92%

4.88/1000 gsf

56.1/acre

Mini-Warehouse                      151                          2.8/1000 gsf                             74%

0.28/storage unit

48.6/acre

Single-Family Detached            210                          10.0/D.U.                                 100%

2.52/person

6.5/vehicle

26.2/acre

Code                                        (1 less capture rate)                         

Apartment                                               220                          2.8/person                                100%

5.1/vehicle

6.1/D.U.

Low-Rise Apartment                                221                          6.6/D.U.                                   100%

High-Rise Apartment                               222                          4.0/D.U.                                   100%

Residential Condo                    230                          5.2/unit                                    100%

1.93/person

3.3/vehicle

Mobile Home                                           240                          2.4/person                                100%

3.39/vehicle

4.8/unit (occupied)

39.1/acre

Retirement Community           250                          3.3/D.U.                                   100%

Recreation Home                     260                          3.16/D.U.                                 100%

1.3/acre

Planned Unit Development      270                          7.8/D.U.

46.8/acre

Hotel                                                       310                          11.3/employee         91%

10.5/room

Motel                                       320                          12.81/employee       59%

10.14/occupied room

Resort Hotel                                            330                          10.3/employee         75%

10.2/occupied room

Recreational                                             400                          22.8/employee         90%

3.1/parking space

3.6/acre

Park                                                         410                          96.2/employee         90%

7.8/parking space

City Park                                                 411                          51/employee                            90%

6/acre

Land Use Type                                        ITE                          Rate 1       New Trip Percentages 2

Code                                                        (1 less capture rate)   

County Park                                            412                          26.5/employee         90%

                                                                                2.2/parking space 

                                                                                5.1/acre

State Park                                                413                          29.1/employee         90%

7/camp site

2/parking space

0.6/acre

Marina                                     420                          251.5/employee       90%

3/berth

20.9/acre

Golf Course                                              430                          20.6/employee         90%

5.3/parking space

6.9/acre

Racquet Clubs                           492                          44.3/court                                75%

11.7/1000 gsf

0.59/member

40.7/employee

Military Base                                           501                          8/employee                              92%

0.9/vehicle

Elementary School                   520                          13.10/employee       80%

1.02/student

High School                                             530                          1.34/student                             90%

455/employee

Jr./Comm. College                    540                          1.55/student                             90%

University                                                550                          2.41/student                             90%

Library                                     590                          51.0/employee         90%

 41.8/1000 gsf

Hospital                                                   610                          4.9/employee                           77%

11.4/bed

161.7/1000 gsf

Nursing Home                          620                          4/employee                              75%

2.6/bed

                      (1 less capture rate)   

Clinic                                       630                          5.9/employee                           92%

                                                                                23.8/1000 gsf                          

General Office < 100,000 gsf  711                          17.7/1000 gsf                           92%

3.7/employee

137/acre

General Office 100,000-

190,000                                   712                          14.3/1000 gsf                           92%

3.8/employee

166/acre

General Office >200,000 gsf    713                          2.9/employee                           92%

18.9/1000 gsf

Medical Office                         720                          54.6/1000 gsf                           77%

Government Office                                  730                          12/employee

68.93/1000 gsf

State Motor Vehicle

Department                                             731                           44.5/employee

166.1/1000 gsf

Post Office                                              732                          139.7/1000 gsf         25%

25.1/employee

Civic Center                                             740                          6.09/employee

25.0/1000 gsf

Office Park                                              750                          3.33/employee         92%

20.65/1000 gsf

276.6/acre

Research Center                       760                          2.4/employee                           92%

5.3/1000 gsf

57.2/acre

Specialty Retail Center             814                          40.7/1000 gsf

Discount Store                         815                          70.1/1000 gsf                           40%

Hardware/Paint Store                               816                          51.3/1000 gsf                           79%

53.2/employee

546/acre

Land Use Type                        ITE                          Rate 1                        New Trip Percentages 2 

Code                                                                        (1 less capture rate)   

Shopping Center < 50,000       820                          117.9/1000 gsf         49%

 50,000-99,999        821                          82.0/1000 gsf                           49%

 100,000-199,999   822                          66.7/1000 gsf                           63%

 200,000-299,999   823                          50.6/1000 gsf                           75%

 300,000-399,999   824                          41.9/1000 gsf                           79%

 400,000-499,999   825                          49.7/1000 gsf                           80%

 500,000-999,999   826                          37.2/1000 gsf                           81%

1,000,000-1,249,999        827                37.1/1000 gsf                81%

        > 1,250,000    828                          34.1/1000 gsf                           81%

Quality Restaurant                                   831                          2.34/seat                                  82%

74.9/1000 gsf

High Turnover,

Sit-Down Restaurant                                832                          169.4/1000 gsf         54%

Drive-In Restaurant                                 833                          553/1000 gsf                            54%

New Car Sale                            841                          24/employee                            79%

47.5/1000 gsf

Service Station                         844                          748/station                              23%

133/pump

Car Wash                                                 846                          100/site                                    67%

Highway Oasis                          848                          71/site

Supermarket                                             850                          125.5/1000 gsf         53%

15-16 Hour Open

Convenience Market                                851                          322.6/1000 gsf         25%

24 Hour Open

Convenience Market                                852                          625.2/1000 gsf         25%

Wholesale                                                860                          8.21/employee

6.73/1000 gsf

128/acre

Furniture Store                         890                          0.70/1000 gsf

Bank (Walk-In)                       911                          44.5/employee         80%

169/1000 gsf

Land Use Type                        ITE                          Rate1                        New Trip Percentages 2 

Code                                                                        (1 less capture rate)       

Drive-In Bank                          912                          297/window                              61%

47.4/employee

192/1000 gsf

Insurance                                                 930                          11.5/1000 gsf

2.45/employee

91.8/acre

Source: 1 Trip Generation, 3rd Edition, An Informational Report, Institute of Transportation Engineering, 1982.

2, New Trip Percentages, Pinellas County Impact Fee Study, May 1990.  These percentages reflect traffic impact of land use less the passerby vehicles captured by the itemized land use. The percentages may be used as multiplier to calculate realistic impact of new development in the primary traffic area affected.

• ARTICLE 7
•                                                                     LAND USE, TYPE, DENSITY, INTENSITY
•                                                                  ZONING AND REGULATORY CONTROLS
• 7.00.00                    GENERAL:  This Article implements the goals, objectives and policies set forth in the Comprehensive Plan relating to land use in the City of Mary Esther.  Provisions set forth as to type of land use, density and intensity permitted are correlated with the dis­tricts shown on the Future Land Use Map and the Zoning Map.

• 7.00.01                    General Legislative Intent of Residential Districts:  The resi­dential districts established in this Section (R-1 and R-2, and residen­tial portions of PUD and PMD districts) are designed to promote and protect the health, safety, morals, convenience, order, prosper­ity and other aspects of the general welfare.  The general goals include:
• To provide sufficient space in appropriate locations for residential development to adequately meet the housing needs of the present and expected future population of the City.
• To efficiently utilize existing public roads and streets and to mitigate the effects of heavy traffic, especially thru-traffic, in residential areas.
• To protect residential areas against flood, fire, ex­plosions, toxic and noxious matter, radiation, and other hazards, as well as offensive noise, vibration, smoke, dust and other particulate matter, glare and other objectionable influence.
• To protect residential areas against undue congestion, by regulating the density of population, the intensity of activity and the bulk of buildings in relation to the surrounding land and to one another and by provid­ing for off-street parking spaces for automotive vehicles.
• To require the provision of open space and landscaping in residential areas in order to assure residen­tial areas have adequate light and air, to provide open areas for recreation, to enhance scenic quality, to facilitate surface drainage, and thereby to provide a more desirable environment for living areas.
• To provide for access of light and air to windows and provide for privacy by controls over the height of buildings and other structures.
• To provide appropriate space in accessible locations for public and private educational, religious, recreational and similar facilities and public util­ities which serve the needs of nearby residents, generally function more effectively in a residential environment and do not create objectionable influence; and to coordi­nate the intensity of residential land use with community facilities which are appropriately located and designed.
• To promote the most desirable use of land as well as the appropriate location and density of development, to promote stability of residential areas by providing for smooth transitions in residential density, to ef­fectuate and maintain adequate levels of public services, to conserve the value of land and buildings, to protect the City's present and future tax revenues and to achieve the objectives of the Comprehensive Plan.
• 7.00.02                    General Legislative Intent of Commercial Districts:  The Com­mercial districts established in this Section (C-1, C-2, PMDD and commercial portions of PUD districts) are designed to promote and protect the health, safety, convenience, order, prosperity and other aspects of the general welfare.  The general goals include:
• To provide sufficient space, in locations accessible to residential areas, for local retail services and trades catering specifical­ly to the recurring shopping needs of the oc­cupants of nearby residences.
• To protect both retail and service developments and nearby residences against flood, fire, explosion, toxic and noxious matter, radiation and other hazards, and against offen­sive noise, vibration, smoke, dust and other particulate matter, odorous matter, glare, and other objectionable influences.
• To protect both retail and service developments and nearby residences against congestion, by regulating the intensity of retail and service developments consistent with their market­ing functions, preserving open space and access to light and air, for traffic, by providing for off-street parking and loading facilities and regulating the height of buildings and other structures.
• To provide sufficient and appropriate space, and in par­ticular, sufficient area to meet the needs of the City's expected future economy and to encourage planned commer­cial development con­centrated in regional, community and local commercial centers with adequate areas for vehicular and pedes­trian circula­tion, open space and landscaped areas to facilitate surface drainage and enhance scenic quality for the mutual advantage of both consumers and merchants and to discourage proliferation of commercial uses in non-com­mercial areas.
• To provide sufficient space in appropriate locations for commercial districts which satisfy specific needs of the City for medical services, offices, highway oriented goods and services, and other commercial trades and services.
• Tide sufficient space in appropriate locations for the mixture of higher density residential and restricted commercial developments where standards for development will provide protection to established areas and alleviate potential adverse impacts often characterizing transitional areas in commercial districts.To provide appropriate space for varied commercial activities within a compatible environment and in accord with the Comprehensive Plan, to promote a viable economic base within the City, to protect the character of the districts and their particular suitability for particular uses to conserve the vand build­ings and to protect the City's present and future tax revenues and to achieve the objectives of the Comprehen­sive Plan.

• 01.00                    DISTRICTS ESTABLISHED:  The City of Mary Esther is hereby divided into dis­tricts and the districts shall be known as:
• R-1          Single Family Residential District - Low Density
• R-2                          Single or Multi-Family Residential District - Medium Density
• C-1                          Limited Commercial
• C-2                          General Commercial
• PUD        Planned Unit Development District
• PMDD     Planned Mixed Development District
• PL                           Public Land District
• 7.02.00                    BOUNDARIES ESTABLISHED:  The boundaries of the dis­tricts are shown on the official zoning map which is hereby adopted by reference and made a part hereof entitled "The City of Mary Esther, Florida, Zoning Map", as prepared by the City Administration and dated the effective date of the Ordinance adopting this Article.  The Zoning Map and all the notations, refer­ences and other information shown thereon are a part of this Ordinance and have the same force and effect as if such informa­tion set forth on the map were all fully described and set out herein.  The Official Zoning Map properly attested to is on file in the offices of the City Clerk and City Manager.  The City Manager, or designee, shall make subsequent revisions and amendments to said map upon adoption of an Ordinance by the City Council revising or amending said map.  Appropriate dates and revisions to each ordinance which effected such revisions or amendment shall be reflected thereon.
• 7.02.01                    Boundaries and Regulations - Adopted
• The boundaries of the Mary Esther Planning Area and its districts as are shown upon the map adopted by this Article are hereby adopted and approved.
• The regulations of this Code are hereby estab­lished and declared to be in effect upon all lands included within the boundaries of each district shown upon said map.
• 7.02.02                    Determination of Boundaries:  Where uncertainty exists as to boundaries of any district shown on the map adopted herein, the following rules shall apply:
• Where such district boundaries are indicated as ap­proximately following street lines, alley lines or lot lines, such lines shall be construed to be such boun­daries.
• On un-subdivided property the location of the district boundary, unless the same is indicated by dimensions, shall be deter­mined as accurately as possible by the use of the scale appearing on the original map.
• In a duly platted subdivision where a district boundary divides a lot, the zone classification of the greater portion shall prevail through the individual lot, provided said lot is wholly within the City of Mary Esther.  If not, the regulations of the City of Mary Esther apply to the portion of the lot within the City.
• Where any street or alley was heretofore or is here­after officially vacated or abandoned, the regula­tions ap­plicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandon­ment.
• All territory which is hereafter added to the Mary Esther Planning Area (corporate limits of the City) shall be reviewed for ap­propriate zoning by the City Manager, or designee, and recommenda­tions sent to the City Council for considera­tion.
• 7.03.00                    PERFORMANCE STANDARDS, DENSITY AND INTENSITY BONUSES
• 7.03.01                    Innovative Arrangements: Innovative arrangements of development are encouraged to achieve more efficient densities and intensities of land use provided the arrangement is com­patible with the established character of the area within which the innovative arrangement is proposed.  Planned Unit Development (PUDs), for example, are usually land areas where development is planned as one integral whole with a mix of housing types, commercial or institu­tional land uses designed in such a manner as to maximize open space through buffering techniques and may combine living, shopping and working space.  PUDs, Planned Mixed Development Districts (PMDD) and other innovative land development techniques to Mixed-use development are, therefore, promoted and encouraged (Policy 7.A.8.1).
• Developers who wish to obtain density and intensity bonuses may so qualify if the application submitted for a development order establishes that the proposed development will exceed minimum zoning requirements and implement adopted policies of the Comprehensive Plan.  As an incentive to implement goals, objec­tives and policies of the Comprehensive Plan, bonus points may be awarded under the following categories:
• 7.03.02                    Environmentally Sensitive Lands (Policies 7.A.1.2 and 11.B.3.3)
• Donation of environmentally sensitive land to the City which contains a conservation easement in perpetuity. One (1) point per acre donated.  If the donation is for less than one acre, the points awarded shall equal the fraction of the acre donated (1/2 acre = 1/2 point; 1/3 acre = 1/3 point, etc.).
• 7.03.03                    Public Access To Waterways (Policies 11.A.9.1; 11.A.9.4; 11.A.9.3; Objective 12.A.1)
• Where land is donated to the City to provide access to Santa Rosa Sound and open to the public, five (5) points per access lane.
• Where land ownership and maintenance responsibility of public access lanes are retained by the owner/developer and where such lanes are assured by irrevocable leases, (1) point per access lane shall be awarded.
• 7.03.04                    Water Conservation (Objective 11.B.2)
• Appropriate use of low-water demand plants in all required buffers or landscaped areas.  Two (2) points per site or one (1) point per acre in development site.
• The use of drip irrigation, or other low water use methods shall qualify for one (1) point per site.
• treated waste water or grey water for irrigation shall qualify for one (1) point per site or one (1) point per acre irrigated.

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• 7.03.05                    Proximity To Services and Facilities (Policies 7.A.6.3 and 7.A.6.4)
• Facility/Service                                                                        Distance                                                   Points
• Public School                                                                           one mile or less                                2
• Public School                                                                           two miles or less       1
• Hospital                                                                                   five miles or less                                                              1
• Multiple-use, designated                                                           three miles or less                                                            1
• activity center
• Shopping Center
• (150,000 + sq. ft.)                                                                    three miles or less                                                            1
• Fire Station                                                                              five miles or less                                                              1
• Community Recreation                                                            one mile or less                                                                2
• Facility
• or
• Community Recreation                                                            One mile to three miles                                                   1
• Facility
• 7.03.06                    Special Housing (Policy 9.A.1.4)
• A.            Ten (10) percent of dwelling units for low to moderate income families - 3 points
• B.             Twenty (20) percent of dwelling units for low to moderate income families - 6 points
• NOTE:  No more than twenty (20) percent of units of a conven­tional housing development shall be credited for bonus points.
• 7.03.07                    Access To Transportation Facilities (Policy 7.A.6.4)
• Provision of separate pedestrian or bicycle access ways from a residential development to designated activity centers contain­ing commercial, office, service, and/or recreation activities and located within one-half mile of the develop­ment - 2 points.
• Where adjacent non-residential developments share a common access driveway to reduce the number of accesses to arterial or collector roads - 2 points per access.
• Provision of parallel frontage and/or service roads on major arterial or collector roads - 1 point per 100 linear feet up to 10 points.
• 7.03.08                    Redevelopment (Objective 7.A.2)
• Projects to redevelop or renew blighted or under-utilized areas - 3 points.
• 7.03.09                    Light and Wind Dynamics
• Projects designed so as to provide a varied skyline to provide for light and wind dynamics on adjacent properties and natural systems - 2 points
• 7.03.10                    Protection Of Historic Resources (Policies 7.A.4.1 and 7.A.4.5)
• Donation of land with known archaeological or historic value to the City which contains a conservation easement in perpetuity -1 point per acre or site donated.
•  
• 7.04.00                    APPLICATION OF DENSITY/INTENSITY BONUSES
• 7.04.01                    Each five points earned for residential development shall qualify for a two percent (2%) increase in the maximum density allowed in residential development.
• EXAMPLE:(DUs = Dwelling Units)
• *              Maximum DUs allowed/acre  -     10
• Bonus Points Awarded -          12
• DUs Increase Factor  -                                                    12 divided by 5 = 2.4
•      Bonus Percentage Factor -       2.4 X .02 = 5 %
• New Maximum DUs allowed -       105% X 10= 10.5 DUs/acre
• * Density in PUD designated districts may range from 0 DUs to 15 DUs per acre or higher.
• 7.04.02                    Each five points earned for non-residential develop­ment shall qualify for an 0.10 additional FAR (Floor Area Ratio).
• EXAMPLE:
• Maximum Intensity/acre -                                               1.92 (FAR-three story bldg.)
•                 Bonus Points Awarded -                                                  12
• FAR Increase Factor  -                                                    12 divided by 5 = 2.4
•                 Bonus Percentage Factor -      2.4 X .10 = .24
• New Maximum FAR -              .24 + 1.92 = 2.16 FAR
• 7.05.00                    REDEVELOPMENT (Policy 7.A.2.1)
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• 7.05.01                    The City shall continue to promote redevelopment of areas meeting the program requirements promulgated by the U.S. Department of Housing and Urban Development.  Any such project to redevelop or renew any blighted or under util­ized areas shall be considered for density and inten­sity bonuses in accordance with Article 7.03.08.
• 7.06.00                    PROTECTION AND PRESERVATION OF ARCHEOLOGICAL AND HISTORIC RESOURCES (Policies 7.A.4.5 and 11.A.10.1)
• 7.06.01                    The Florida Department of State, Division of Historic Resources has identified five (5) sites within Mary Esther of historic significance.  These are described by Table 4-3 of the Foundation Documents.  Such sites have been identified and documented as being significant in American history, Florida history or local history, architec­ture, archaeology, or culture.  They reflect the prehistoric occupation and historical development of the nation, state and local community.  Their protection and preser­vation, therefore, is essential.  Any time a proposed development may impact a historic or archeological site within the City, the following regulations shall apply.
• 7.06.02                    Historic structures shall be exempted from the pro­visions of the adopted Building Code, if any modifica­tion, repair or restoration activity would jeopardize their historical integrity.
• 7.06.03                    Land alteration or development of land where such would contribute to the destruction of historic resources shall be prohibited, except as follows.  It is the intent of this provision to preserve historic resources and if such preservation can be accomplished through means endorsed by the Florida Division of Historic Resources, then land alteration or development may occur.
• 7.06.04                    A project classified as a Development of Regional Impact (DRI), shall contain a description of historical or archaeologi­cal sites within the proposed development and sug­gested mitigation measures for such resources if present.  DRIs shall be submitted to the Compliance and Review section in the Florida Department of State's Bureau of Historic Preservation.
• 7.06.05                    An archaeological and historic review summary shall be submitted to the City with applications seeking approvals or permits for the following activities:  Parking lots, grading, earth moving, excavation and fill, drainage, and utilities placement; permits for coastal zone dredge and fill activity and dock construction; permits for tree removal; park and recreation area construction; and subdivision, PUDs and PMDDs; site and development plan reviews and Comprehensive Plan amend­ments.
• 7.07.00                    LAND DEVELOPMENT REGULATIONS
• 7.07.01                    This Code incorporates by reference all chapters of the City of Mary Esther Code of Ordinances which contain Land Develop­ment Regulations consistent with the Comprehensive Plan, including, but not limited to:
• General Provisions, Chapter 1.
• Buildings and Building Regulations, Chapter 5.
• Flood Prevention and Protection, Chapter 9.
• Parks and Recreation, Chapter 15.
• Planning and Development, Chapter 17.
• Streets, Sidewalks and Other Public Places, Chapter18.
• Utilities, Chapter 20.
• Zoning, Chapter 21.
• 7.07.02                    Where there is conflict between this Code and the cited ordinances above, this Code shall take precedence.
• 7.08.00                    COMPREHENSIVE PLAN, IMPLEMENTATION
• 7.08.01                    Implemen­tation of the Comprehensive Plan requires the establishment of minimum regulatory criteria to achieve the following results:
• Regulation of the subdivision of land;
• Insure the compatibility of adjacent land uses depicted on the Future Land Use Maps;
• Provide for open space;
• Protect potable water wellfields and sources;
• Regulation of areas subject to seasonal or periodic flooding;
• Provide for drainage and stormwater management;
• Regulation of signage;
• Implementation of Concurrency Management; and
• Insure adequate, safe and convenient on-site traffic flow and parking.

class=Section4>
• Criteria applicable under the above subject areas are addressed under articles of this Code corresponding with the relevant and applicable chapters of the Comprehensive Plan.  For example, minimum criteria for the protection of potable water wellfields and sources are found under Article 10, Infrastructure.  Ade­quate, safe and convenient traffic flow and parking is found in Article 8, Traffic Circulation.
• Future Land Use is discussed in Chapter 7 of the Comprehensive Plan, therefore, this Article implements minimum criteria applicable to the first three subject areas listed above (Regula­tion of the Subdivision of Land; Insure compatibility of adjacent land uses; Provide for open space).
• 7.09.00                    REGULATION OF THE SUBDIVISION OF LAND (Policy 7.A.1.2)
• 7.09.01                    Purpose:  Purpose and intent of subdivision regula­tion is to assure that future growth, development and redevelop­ment in the City conform to certain minimum criteria.  Standards  provided under this Code are designed to protect the general health, safety, and welfare of the city and its citizens; to ensure the beneficial impacts of growth and guard against the negative impacts of growth, and to protect neighboring properties as well as the general public from potential adverse impacts from a proposed use.
• 7.09.02                    General Design Standards (See also Article 8, Section 8.03.00)
• Subdividers shall make every effort to conform to the natural topography and features of the tract.
• Residential blocks shall not be more than one thousand five-hundred (1,500) feet in length.  Where block length exceeds eight hundred (800) feet, consideration will be given to the installation of a pedestrian crosswalk.
• 1.             Blocks shall have sufficient width to provide for two (2) tiers of lots except when prevented by unique topographic or natural conditions.
• 7.09.03                    Drainage:  A complete drainage plan shall be sub­mitted by the subdivider that shows capability for the system to collect, control, and dispose of stormwater runoff.  The drainage system will include all catch basins, man­holes, inlets, head­walls, street grades, bridges, pipes, settling basins, green­belted open space, etc.
• The drainage system shall be based upon the facilities necessary to retain the first inch of run-off on site.  Post development run-off shall not exceed the pre-­development run-off for a 25 year storm event up to and including an event with a 24-hour duration.  Detailed requirements are contained within Section 10.03.00, et. sq., of this Code.
• 7.09.04                    Utilities:  The subdivider is encouraged to place all utilities underground.
• 7.09.05                    Sewer
• Subdivisions developed in the vicinity of operating collector systems shall connect into that system if sewage capacity exists.  The developer must provide necessary collection lines, lift stations, etc. to provide sanitary sewer collection service to each home located in the subdivision.
• Where sewer collections lines are not available via gravity flow, force mains (including lift stations) shall be installed by the developer/builder. 

• Subdividers shall install a collection system designed to tie in with the central system.

• Septic tanks are prohibited in Coastal High Hazard areas (Policy 11.A.6.2) and elsewhere within the City.
• 7.09.06                    Water
• Subdivisions developed in the vicinity of operating water systems shall connect into that system if capacity is adequate.
• 7.09.07                    Utility Easements (Policy 7.A.7.2)
• An easement for utilities, if required, shall be made available at no expense to the city and shall be at least fifteen (15) feet in width.  Easements of greater width may be required for the extension and/or con­struction of utilities.

• Where utility facilities such as sewer lift stations are required for a service area greater than the subdivision subject to development, the City may acquire land from the subdivider/developer under negotiated terms approved by the City Council.
• 7.10.00                    INSURE THE COMPATIBILITY OF ADJACENT LAND USES DEPICTED ON THE FUTURE LAND USE MAPS (Policy 7.A.3.3)
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• 7.10.01                    The provisions of this Article are intended to ensure functional and attractive development by requiring that all future development is consistent with accepted planning practices and principles as well as natural area limitations (Policy 7.A.3.2).
• Compatibility is generally interpreted as meaning consistency of land use within specified districts and/or the orderly and harmonious transition of land use from one district to another.  Nonconforming development is development that does not conform to the general character of a particular district or is contrary to the use regulations and/or development design standards provided by this Code or by the codified ordinances.  The following provisions are intended to eliminate expansion of non-conforming land uses which are inconsistent with:
• The Future Land Use Map: or
• The City's Zoning Ordinance; or
• Standard Unsafe Building Abatement Code, Appendix A (Policy 7.A.3.1).
• 7.10.02                    Regulations prescribed shall not be construed to require the removal or change to any existing structure completed or begun prior to the adoption of this Article.  Non-conforming uses, however, are otherwise prohibited.  This extends to and includes the following circumstances:
• Nonconforming uses declared by this Code or the City's Zoning Ordinance to be incompatible with permitted uses in the districts involved shall not be extended or enlarged. 
• Nonconforming uses shall not be moved in whole or in part to any portion of a lot or parcel other than that occupied by such use.
• No additional structure shall be erected in connection with nonconforming uses of land.
• Reconstruction of nonconforming uses destroyed by fire or other calamity to a degree equalling or exceeding 75 percent of its replacement cost is prohibited.
• If any nonconforming use of land ceases for any reason for a period of more than six (6) months, any sub­sequent use of such land shall conform to the regula­tions specif­ied by this Code and the codified ordinances.
class=Section6>
• The extraction of natural resources from any district in Mary Esther shall be considered non-conforming until such time as applicable state and federal permits are obtained.  No development incompatible with adjacent land uses shall be permitted by the City (Policy  7.A.4.2).
• 7.11.00                    PROVIDE FOR OPEN SPACE (Policy 12.A.1.1).
• 7.11.01                    Open space is generally considered to be a naturally landscaped area with no more than 10 percent of its area paved and surrounded by development on at least 75 percent of its perimeter.  Parks and public recreational facilities generally fall under this categorization.  Areas committed to the preserva­tion of drainage uses including ponds also are considered open space.
• Open space, as it relates to parks and landscaping is described in Article 12 in detail.
• 7.11.02                    In Mary Esther, all development projects where there is an addition, alteration or intensification of land uses affecting fifty (50) percent or more of the development area are subject to regulation specified below:
• Open Space Landscape - All land uses not specifically exempted by this Code shall devote a minimum of eighteen (18) percent of the total area to Open Space landscape.
• Front Perimeter Landscape - A minimum ten (10) foot wide strip of land abutting the right-of-way shall be landscap­ed.  Width of sidewalks shall not be included within the ten (10) foot wide front setback for landscaping.
• Parking - for every 2,500 square feet of garage parking spaces, 171 square feet of exterior green area is re­quired.
• Buffer Zone Landscaping - A landscaped buffer zone at least ten (10) feet in depth shall be provided between multi-family and single-family zones and between commercial and any residential zone.  Such landscaped buffer shall be designed not less than six (6) feet in height to form a continuous, opaque screen between the zoning districts.  Any required privacy fencing may be included in the landscaped buffer. 
• 7.12.00                    RESTORATION OF SURFACE WATERS (Policies 11.A.1.6 and 11.A.3.2)
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• 7.12.01                    Land use also has impact on surface waters and there­fore requires the implementation of regulatory controls. Docks, marinas and boating activity tend to increase proportionately with Mary Esther's growing population.  Measures to ameliorate the impact of high intensity use of the intracoastal waters are essential to protect this valuable resour­ce.
•  
• 7.12.02                    This section sets forth regulations and policies per­tinent to land use and the permitting process that are designed to protect intracoastal waters and to comply with state law:
• A.            The direct discharge of sewage from boats in surface waters is prohibited by federal, state and local law.
• B.             All residential and commercial marinas shall be subject to annual permitting and inspection by the City of Mary Esther with the adoption of this Code.  The following pro­cedures shall be applicable:
• 1.             Persons desiring to construct a new dock or add to, alter, remodel, or reconstruct an existing dock shall apply for and obtain a permit and other authorization from the City prior to construction.  However, routine repair and maintenance may be performed on existing facilities and structures and such repair or maintenance may include replacement of individual components on a board for board or plank for plank basis, provided there is no increase in the size or dimensions of the structure or facility being repaired or maintained.  
• 2.             Permits for construction or reconstruction of docks, piers and marinas are not transferable without the written consent of the City.
• 3.             The permittee shall be responsible for the condition and repair of permitted docks.  Failure to maintain said docks in a safe condition shall constitute a violation of this code.
• 7.13.00                    LAND USE CLASSIFICATIONS AND ACTIVITIES (Descriptions and Definitions):  The purpose of these provisions is to classify uses into specially defined types on the basis of common func­tional characteristics and similarities and compatibility with other uses.  These provisions apply through­out this Code.  All land use activities are classified into the following activity
• types.  If an ambiguity should arise where it is not clear in what activity a given use should be classified, the use shall be allowable only in the less restrictive zoning district.
class=Section8>
• 7.13.01                    Residential Activities
• Single family dwelling (including zero lot line and cluster homes);
• Duplex (two family dwelling); and
• Multiple family dwelling (three or more family dwelling).

7.13.02    Community Facility Activities

• Administrative Services:  Activities typically per­formed by not-for-profit private or public social services, charitable organizations and utility adminis­trative offices.
• Child Care Services/Family Day Care:  Activities typically performed in a family day care home as defined in §402.302, Florida Statutes, and is in an 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 or not operated for profit.  A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:
• A maximum of four (4) children from birth to 12 months of age; or
• A maximum of three (3) children from birth to 12 months of age and other children for a maximum of five (5) children; or
• A maximum of seven (7) children if no more than 2 are infants under 12 months of age, and no more than three (3) are preschoolers.
• Club (public, private, or not-for-profit):  Activi­ties typically performed by a group of persons for social or recreation­al purposes not operated for a profit or to primarily render services which are customarily carried on as a business for profit.
• Cultural or Civic Activities:  Activities typically performed by public or not-for-profit private entities for the promotion of a common cultural or civic objective such as literature, science, music, drama, art or similar objectives.
• Educational Institutions:  A place for systematic instruc­tion with a curriculum the same as customarily provided in a public school or college.  These activi­ties include nursery school and kindergar­ten facilities designed to provide a systematic program to meet organized training requirements.
• Nursing Homes (rest homes or convalescent):  Activities customarily performed by a home for the elderly or infirm in which three or more persons not of the immediate family are received, kept, provided with food, shelter and care for compensation.  This activity shall not include duly state licensed volunteer adult foster care homes in which three or less foster adults are placed.  Neither does the principal activity include hospitals, clinics or similar institu­tions devoted to the diagnosis and treatment of the sick or injured.
• Place of Worship:  Activities customarily performed in a building where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
• Utilities (public and private):  Use of land which is customary and necessary to the maintenance and opera­tion of essential public services, such as electricity and gas transmis­sion systems; water distribution, collection and disposal; communication; and similar services and facilit­ies.
• Group Homes: As defined and regulated by Chapter 419, Florida Statutes and Article 9 (section 9.02.03) of this Code.
• 7.13.03                    Commercial Activities

A. Business and Professional Offices:  Insurance and real estate brokerage services; photographic studio ser­vices, exclud­ing sale of supplies and equipment; the provisions of advice, information or consultation of a professional nature (other than services classified as community facility activities or finan­cial and banking services or medical services).  This also includes execu­tive manage­ment and administrative activities of private, profit oriented firms.  These activities generally do not include the storage of goods and chattels for the purposes of sale.

B. Commercial Amusement:  Active or passive recreation facil­ities by profit oriented firms.

C. Restricted Sales and Services:  Small limited item shops and stores limited to retail sales of frequently needed small convenience items or services typically needed on a frequent and recurring basis such asbarber and beauty care, small scale drug stores, dry cleaning pick-up stations (excluding cleaning and repair ser­vices); specialty food shops such as wine and cheese stores, imported food shops, or similar unique limited item shops (excluding general food market stores); interior decorat­ors with or without display and with no warehousing.  This land use clas­sification is intended to accom­modate shops with limited inventory or goods directed expressly to a special market area inclu1.        A household market area in the immediate vicinity as opposed to county-wide or regional;

2.             A specialized market with cus­tomized service demand; or

3.             A tourist oriented market area in the immediate vicin­ity.  Scuba shops, repair shops, motor vehicles parts, health spas, wholesale, ware­housing, and discount stores and similar general sales stores are express­ly excluded.

D. Financial and Banking Services:  Including full service banking; drive-in banking; loan companies; savings and loan services and stock brokerage services.

E. Funeral Homes:  Undertaking and funeral services involving the care and preparation of the deceased prior to burial, exclud­ing cremators, crematory operations and colum­baria.

F. General Retail Sales and Services:  Retail sale or rental from the premises of goods or both goods and services for personal, informational, or instructional service; department stores; hardware stores; super­markets; pet shops; large specialty shops; furniture stores (with incidental warehousing); decorat­ing services and sales; carpet stores, dry goods stores; personal sales and services; household goods and services; Volume 1, Article 32, Fire Prevention Code, 1985 Edition, Class IV or Class V dry cleaning es­tablishments using only non-flammable Class IV solvents such as perchlorethelene, except for spotting as provided in Volume 1, Article 32, Section 4-4.5 of the Fire Prevention Code, 1985 Edition, lawn and garden supplies; office equipment and supplies, and other similar goods and services.  These activities exclude the following: sale and rental of motor vehicles except small parts and accessories; sale of construction materials except paint, fixtures and hardware activities.

G. Guest Houses, Boarding Houses and Transient Quarters:  Any structure including converted dwellings in which less than ten rooms, with or without meals, are rented or otherwise provided for compensa­tion to seasonal residents or transients for their temporary care and lodging.

H. Hotels and Motels:  A building or other structure used, maintained, or advertised as a place where ten (10) or more rooms are offered on a short term or transient basis for sleeping or living accommodations and which may include as an acces­sory use one or more main dining room areas.

I. Hospitals and Extensive Care:  Institutions providing health services, primarily for in-patients, and medical or surgical care; including, as an integral part of the institution, related facilities, central service faciliti­es, and staff offices.

J. Marinas:  Recreational, residential or commercial facilities located adjacent to a public navigable waterway and which are provided with slips and moorings for securing, servic­ing or repairing of watercraft.  Major repairs, such as con­struction or rebuilding of boats, installation of new bottoms or substantial structural additions or alterations, are prohibited in conjunction with recreational and commercial marinas as they are in­dustrial activities.

K. Medical Services:  The provision of therapeutic, pre­ventive or corrective personal treatment services by physicians, dentists, and other licensed medical prac­titioners, as well as the provision of medical testing and analysis ser­vices.  These services are provided to patients who are admitted for examination and treatment by a physician.

L. Parking Garages:  A public or private commercial building or structure solely for the off-street parking or storage of operable motor vehicles.

M. Plant Nurseries and Landscape Services:  Cultivation and sale of flowers, shrubs, trees, and plants at wholesale, retail or both, as well as pro­vision of related consulta­tive services.

N. Restaurants:  Any establishment where the principal business is the sale of food or beverages to the customer in a ready-to-consume state and where the design or principal method of operation includes two or more of the follow­ing:

• Customers, normally provided with an individual menu, are served generally in non-disposable con­tainers by a restaurant employee at the same table or counter at which said items are consumed.

• Ice cream parlors and other small specialty restaurants often having floor area exclusively within a shopping or office center and sharing common parking facilities with other businesses within the center.

• A cafeteria or cafeteria type operation where foods or beverages generally are served in non-dis­posable containers and consumed within the restaurant building.

• Customers purchase food or beverages for carry out, pick-up or drive-thru.

• Foods or beverages served generally in edible containers or in paper, plastic, or other dis­posable con­tainers for consumption within the restaurant building or for carry-out consumption.

O. Trade Service and Repair:  Shops providing services requiring skilled labor or craftsmanship for the repair of household items, including appliances, typewriters, watches, locks and similar items, as well as printing, copy and blue printing services; and similar trades and services.  All such general retail and services shall not involve outside storage, except where otherwise provided in this Code.

P. Limited Vehicular Service and Maintenance:  Establish­ments such as lubrication and oil change shops, gas stations for the dispensing of motor fuels and related products at retail and having pumps, storage tanks and other facilities for such activity and which may include the retail sale of minor automo­bile parts and accessories such as tires, bat­teries, spark plugs, fan belts, shock absor­bers, mirrors, floor mats, cleaning and polishing materials and similar items, and which may include the inspec­tion, servicing or minor repair of motor vehicles and does not have more than three (3) enclosed service bays or stalls with individual outside access or doors.  These services shall not in­clude body repair and painting, frame straightening, or tire recapping or vulcaniz­ing.

Q. Vehicular Sales and Service:  The retail or wholesale sale or rental of motor vehicles and related equipment, such as dealerships, with incidental service and main­tenance carried on within an enclosed building with no more than two automobile access doorways.

R. Veterinary Medical Services:  The provision of animal medical care, treatment, and temporary boarding of such animals by a Florida licensed veterinarian.

S. Wholesale Trades and Services:  The display, limited storage and sale of goods to other firms for resale, excluding outside storage, except as otherwise provided in this Code.

T. Self Service Storage Facility:  Any real property designed and used for the purpose of renting or leasing in­dividual storage space to tenants who are to have access to such space for the purpose of storing and removing personal property.  No individual storage space may be used for residential purposes. 

• 7.13.04                    Industrial Activities
• These uses are not permitted within the City:
• Vehicular Service and Maintenance:  Establishments solely for the provision of services which include body repair and painting, frame straighten­ing, engine building or rebuilding, or tire recapping or vulcanizing.
• Manufacturing : 
• Warehousing (not associated with a retail operation), commercial storage or distribution activities and similar uses (This does not include facilities described in Section 7.13.03 T, above).
• Light manufacturing, fabricating, assembling of com­ponents and similar activities if such activities are not conducted wholly within a building with no noise, smoke, glare, vibration or odor emissions.
• Truck or bus terminal facilities.
• Service establishments such as heavy machinery or heavy equipment rental, commercial (non-retail) laundry or dry cleaning, which are other than con­venience sales services, and similar uses.
• Outside Storage of construction materials.
• Outside kennels for boarding of domestic animals
• Other industrial uses, including uses which are obnoxious because of the emission of harmful quan­tities of air pollutants, noise, vibrations, glare, or uses which possess an explosive or fire hazard.
• 7.13.05                    Accessory Activities:  In addition to the principal activities expressed above, each activity type shall be deemed to include activities cus­tomarily associated with and ap­propriately incidental andsubor­dinate to the principal activity when located on thesame zone lot as such principal activity and meet the additional conditions set forth below.  Such accessory activities shall be controlled in the same manner as the principal activi­ties within such zone except as otherwise provided herein.  Accessory activities include, but are not limited to, theactivi­ties indicated below:
• Off-street parking and loading serving a principal activity, whether located on the same zone lot or on a different zone lot, but only if the facilities involved are reserved for the residents, employees, patrons or other persons participating in the principal activity.
• Home occupation accessory to a residential activity may be carried on within a dwelling unit by one or more residents of the dwelling unit and shall not occupy more than 20 percent of the total floor area of such dwelling unit or more than 400 square feet of floor area, whichever is less.  Home occupation shall not include the manufacture and repair of motor vehicles or transportation equipment.  The following shall not be permitted:
• Exterior displays, or a display of goods or chattelsvisible from the outside or exhibited on the premises by any method or device whatsoever, including all exterior signs and any window sign larger than 1' X 1' which would indicate from the exterior that the dwelling unit, or accessory building, is being utilized in whole or in part as a home occupaion;
• Use, in connection with the home occupation, of any mechanical or electrical equipment, except that which generally would be used for purely domestic or household purposes;
• Storage of materials or goods or chattels, or any part or parts outside of principal or accessory building or other structure;
• External structure alterations not customarily found in residential buildingsclass=Section9>
• Offensive noise, vibration, smoke, dust, or other particulate matter, odorous matter, heat, glare or light;
• Employment of persons other than a family member of the dwelling unit in the conduct of the home occupation.
• Traffic generated by the home occupation in greater volumes than normally expected in the residential neighborhood and any need for parking generated by the home occupation is met off the street and other than in the required front yard.
• Group instruction or assembly; fortune telling; massage parlors, modeling studios, photography studios and similar services;
• Home occupation or commercial activity in a residential mobile home.
• Residential occupancy customarily associated with and appropriately incidental to a principal non-residential activity on the same lot.
• Operation of a cafeteria, dining hall or restaurant for employees, residents, patrons or others participating in the principal activity by an organization engaged in a Community Facility Activity on the same zone lot.  Where the principal activity is permittedonly after approval as a "conditional use," an accessory cafeteria must be approved as a part of the action granting approval to the subject conditional use.
• Operation of an administrative office customarily as­sociated with and incidental to a principal commercial activity on the same lot, but only if such office does not occupy more than 49% of the total floor area and open space, display, storage, production and service area occupied by the same firm on the same zone lot.
• Docks, Piers and Mooring Devices:  Non commercial struc­tures such as piers, docks, wharves, mooring devices, lifting and launching devices, are permitted as accessory structures where allowed in residential districts
• Such structures shall not extend seaward from the property line for more than three hundred (300) feet or fifteen (15) percent of the open water span at the point of installation whichever is less.  In no case shall such structures extend nearer than twenty-five (25) feet to a channel.
Unwalled roof areas or boat shelters are permitted as accessory structures on conforming piers, docks, or wharves provided that no part of such superstructure extends further seaward from the property line than the permitted pier, dock or wharf and provided that the top of such structure shall not be more than thirty-five (35) feet above the mean high water line.

• 7.14.00                    GENERAL PROVISIONS
• 7.14.01                    Compliance With Code:  No principal or accessory build­ing, structure or use shall be erected, reconstructed or struc­turally altered, extended or enlarged while such building, structure or use does not comply with all ap­plicable regulations established by this Code including parking, landscaping and all other Performance Standards for the location in which the building, structure or land is situated.
• 7.14.02                    Encroachment of Yard or Open Space:  The minimum yards and other open space provisions con­tained in this ordinance for each and every building herein­after erected or structur­ally altered, shall not be en­croached upon or considered as yard or open space require­ments for any other building.
• 7.14.03                    Number of Buildings Per Lot in Single Family Dis­trict (R-1):  In the R-1 district every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one dwelling unit and the customary accessory buildings on one lot except while construct­ing a new dwelling on said lot in which case the old dwelling must be removed prior to permanent power or certificate of occupancy issuance or no longer than twelve (12) months after applying for initial building permit. 
• 7.14.04                    Uses and Parking of Recreational Vehicles:  As of the adoption date of this Article, the use of recreational vehicles as permanent (30 or more days in any calendar year) living quarters is prohibited, except in duly licensed campgrounds or trailer parks. 
• 7.14.05                    Continuance of Mobile Homes and Mobile Home Parks:  Those house trailers, mobile homes, and duly licensed mobile home parks existing at the time of adoption of this Article located in the City are hereby allowed to continue provided that they meet all applicable building, plumbing, and electrical codes as amended from time to time.
• The number of mobile homes shall be limited to that number authori­zed by the mobile home license in effect at the time of adoption of this ordinance.
• 7.14.06                    Temporary Buildings:  No temporary building or structure shall be erected on any lot in any district, provided however that this provision shall not be construed to prevent the erection of a temporary construction office or sales office such as normally used by contractors on or near the premises while a building or other project is under construction, provided such temporary building is removed no later than ninety (90) days from the date of issuance of a certificate of occupancy.
• Tents and canopies, (a tent or canopy being a portable shelter of canvas, plastic, etc. stretched over a supporting framework of poles with ropes and pegs) used for commercial or promotional purposes may be permitted on a temporary basis as follows:
• A.            Tents used for such purposed shall be allowed in the zoning district permitting those uses.
• B.             Tents or canopies greater than 200 square feet must obtain Zoning and Building Department Permits.
• C.             Permits shall be limited to fourteen (14) calendar days in a six (6) month period.  Failure to remove such tents or canopies upon expiration of the 14 day period shall con­stitute a violation of this Code.
• D.            A notarized affidavit indicating permission to use the property for such purpose must be obtained from the property owner.
• E.             The following assurances must be addressed prior to issuance of a permit:
• 1)             No nuisance, hazardous or non-safe conditions, as determined by the Building Inspector, will be allowed in conjunction with the temporary use of such tents or canopies.
• 2)             Vehicular parking associated with such uses shall be sufficient and vehicular traffic shall not create a safety problem.
• 3)             A 25 foot setback from all property lines shall be required for such structures.
• 7.14.07                    Subdivision Sales Office:  Nothing contained in this Article shall be construed to prevent the owner or sales agent of a subdivision from using or occupying any house that may be constructed in said subdivision in accordance with the building code and zoning regulations as an office for the sale and promotion of lots and houses within such subdivisions only.  Such operations must cease when sales in said subdivision have been completed.
• 7.14.08   Purpose, Use and Maintenance of Yards:  The purpose of yards required in this Article is to provide open space around and between structures for health, safety and aesthetic purposes.
• All required yards and landscaped areas where not used for park­ing, driveways, sidewalks or other approved structures shall be planted and maintained in lawn, sod, natural foliage or landscaping including flower beds, shrubs, hedges, statuary or ornamental objects.  Trees shall be planted where they do not obscure the vision of the driver of a vehicle.
• 7.14.09                    Lot Size:  This Ordinance shall not be construed to prevent the construction of a single family dwelling on any lot which was a lot of record as of February 1, 1991, although such lot may have a lesser area or width than is required in the district in which said lot is located.  No single lot may be less than 7,500 square feet, except as may be approved as part of a PUD or PMDD.
• 7.14.10     Abandoned, Derelict or Unlicensed Vehicles:  Motor vehicles that are inoperable or abandoned or do not have a current license plate/decal must be stored in a completely enclosed garage or behind a rear yard opaque structure or behind a six (6) foot rear yard privacy fence in residential districts.
• 7.15.00                    DISTRICT REGULATIONS
• 7.15.01                    R-1 - Single Family Residential District
• Purpose:  This district is designed to provide suitable areas for low density residential development where appropriate services and facilities are provided or where the extension of such services and facilities will be physically and economically facilitated.  This district is characterized by single family detached structures and such other structures as are accessory thereto.  This district may also include, as conditional uses, community facilities and utilities which serve specifically the residents of this district, or which are benefited by and compatible with a residential environment.  Such facilities should be accessibly located and appropriately situated in order to satisfy special requirements of the respec­tive community facilities.
• It is the express purpose of this Section to exclude from this district all buildings or other structures and uses having commercial character­istics, whether operated for profit or otherwise, except that home occupations specifically provided for in these regula­tions shall be allowed if they otherwise conform to the provisions of this Code.
• Permitted Uses:  In this district, as a permitted use, a building or premises may be used only for the following purposes:  Detached single family residen­tial structures and accessory structures and facilities.  Mobile homes are prohibited.
• Conditional Uses:  In this district as a conditional use, a building or premises may be used only for the following purposes, upon a determination by the City Council that the respective use complies with site plan requirements listed in this Code: Places of worship, including parking areas and accessory facilities; public parks and recreational areas; public and private utilities. 
• Site Plan Review:  Site plan review is required for all subdivision pro­posals.  A site plan or plot plan is required for all single family homes proposed to be constructed, reconstructed or replaced.  Such plot plan shall clearly show the building footprint, setbacks, utility locations, accessory buildings, parking, swimming pools and/or other improvements planned for the lot upon which the construction is to take place.  The plot plan shall show the dimensions of the subject lot.
• Subdivision Conformance:  Any lot within a plat of record shall not be redivided into three (3) or more lots unless the provisions of the Subdivision Regulations are satis­fied (see Article 2 & Sec. 7.09.00, hereof).
• Density:  For residential development, property in this district may be developed at the option of the owner, to a maximum of 5.51 units per acre.
• Lot Size:  The minimum width of any lot used for single family dwelling units shall be fifty (50) feet when measured at the minimum front setback line.  The total square footage of the lot shall not be less than 7,500.

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

• Building Height:  Except for elevated municipal water storage facilities, no building or structure, including signs, shall exceed three (3) stories or thirty-five feet in height.  Measurement of height is governed by the standard building code most recently adopted by the City.
class=Section10>
• I. Front Yard:  On every lot or parcel, there shall be a front yard (setback) of not less than twenty-five (25) feet.
• J.              Setbacks: 
• 1.             Residential Structures South of US Highway 98:  All houses erected in the City which are located south of US Highway 98 shall have a setback from the side lot line of seven and a half (7 ½) feet, twenty (20) feet from the rear lot line, twenty-five (25) feet from the front lot line; except for those properties which border US Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of thirty-five (35) feet from the back of the curb; one hundred (100) feet from the mean high water line.
• 2.             Other Low Density Residential Areas:  All houses in the City located on residential building lots shall have a setback of twenty-five (25) feet from the front lot line, seven and a half (7 ½) feet from the side lot line and twenty (20) feet from the rear lot line.  No structure shall be permitted nearer than fifteen (15) feet to the side street line of any corner lot; a side street line shall be that line opposite a side of the dwelling located thereon other than the front of the dwelling.  Eaves, steps, fire places and compressors slabs shall not be considered as a part of the building; however, this shall not be construed to permit any portion of a building to encroach upon another lot or the required front yard.  If a reside­nce shall be erected on more than one building lot then the side lot lines shall apply only to the extreme side lines of the lot.
• 3.             Accessory Structures:  In all low density residential areas in the City, a detached garage or other detached structure whose dimensions equal or exceed two hundred (200) square feet may be constructed to within seven and a half (7 ½) feet of the side and rear lot lines provided the minimum front setback of the structure is seventy (70) feet from the front property line.  Small utility sheds (under two hundred (200) square feet), screen pool enclosures, cabanas, greenhouses and the like may be constructed to within three and a half (3 ½) feet of the side and rear lot lines; open carports may be con­structed to the side lot line.  No accessory structure including open carports shall extend forward of the front of the dwelling or encroach into the required front yard.
class=Section11>
• 7.15.02                    R-2 - Medium Density Residential District
• Purpose:  This district is designated to provide suitable areas for medium density residential develop­ment where sufficient services and facilities are available or will be prior to development, or where the extension of such services and facil­ities will be physically and economically facilitated. It is the intent of these regulations to permit single and two family structures and multiple family structures within the density range as defined in the district regula­tions subject to the required provision for open space within the project parcel.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Setbacks: 

• Residential Structures South of US Highway 98:  All dwelling units erected in the City which are located south of US Highway 98 shall have a setback from the side lot line of seven and a half (7 ½) feet, twenty (20) feet from the rear lot line, twenty-five (25) feet from the front lot line; except for those properties which border US Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of thirty-five (35) feet from the back of the curb; one hundred (100) feet from the mean high water line and there shall be twenty (20) feet between houses on the same lot.

• Other Residential Areas:  All houses in the City located on residential building lots shall have a setback of twenty-five (25) feet from the front lot line, seven and a half (7 ½) feet from the side lot line and twenty (20) feet from the rear lot line.  No structure shall be permitted nearer than fifteen (15) feet to the side street line of any corner lot; a side street line shall be that line opposite a side of the dwelling located thereon other than the front of the dwelling.  Eaves, steps, fire places and compressors slabs shall not be considered as a part of the building; however, this shall not be construed to permit any portion of a building to encroach upon another lot.  If a reside­nce shall be erected on more than one building lot then the side lot lines shall apply only to the extreme side lines of the property.

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

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

• Open Area/Landscaping:  All landscaped areas shall be planted and maintained in lawn, sod or natural foliage. Additionally, for every lot or project parcel used for any duplex or multi-family dwelling there shall be a minimum of twenty-five percent (25%) of the total parcel area set aside for open space, recre­ation,­ or landscaped area.  At least 18% of the parcel area shall be in natural or landscaped open space.  Setback and buffer areas can be counted to reach the 18% and 25% thresholds.
• 7.15.03                    Limited Commercial (C-1)
• Purpose:  It is intended that the C-1 limited commercial district provide for an efficient and effective use of the district wherein businesses are compatible with any adjacent residential area.  All plans for structures shall be submitted to the City for review and approval prior to construction. 
• Permitted Uses:  The C-1 limited commercial district provides for the following uses within any C-1 limited commercial district wherein any building, structure, land or water shall not be used except for one (1) or more of the following:
• Condominiums, apartments, hotels, guest cottages and motels;
• Apothecary shops;
• Art, antique and gift shops;
• Beauty salons and barbershops;
• Book and stationery stores; newsstands;
• Churches, schools, child care facilities and other community facilities, as defined above.  This does not constitute authority for automatic reclassification of zoning for such facilities that are located within a residential area;
• Finance, investment and insurance offices, including banks and small loan establishments and real estate offices;
• Florists;
• Furniture stores;
• Clinics, medical and dental;
• Interior decorating and home furnishings;
• Music conservatory, dancing schools, art studios;
• Photographic supplies and studios;
• Private clubs and lodges;
• Professional and business offices, such as that of a physician, dentist, lawyer, music or art teacher, engineer, architect and such others as are consistent with these professions, but not including for­tunetellers or psychics;
• Restaurants and lounges, but no drive-in restaurants;
• Parks, playgrounds and recreational facilities under the supervision of the City.  This does not con­stitute authority for automatic reclassifica­tion of zoning for these facilities that are located within a residential area;
• Boardinghouses, lodging and guest houses; tourist homes;
• Retail stores wherein the goods, wares and merchan­dise are housed within the building.

• Conditional Uses:  In this district as a conditional use, a building or premises may be used only for the following purposes upon determination by the City Council that the respective uses and structures comply with the site plan require­ments listed in this Code:  Public parks and recreation areas; public and private utili­ties, self-service storage facilities, and nursing homes.
• Site Plan Approval:  Site plan approval is required by the City.  Addition­ally, the site development plan for land use improve­ments in this district shall provide for such an arrangement and location of uses and facilities on the land as to give significant separation from, and protec­tion to, contiguous and nearby residential property.  Where the nature of the ac­tivities or facilities on the land present any poten­tial hazard or detriment to contiguous residential properties arising from noise, glare, dust, odors, smoke, vibration, flying objects or traffic or parking, protection to such contiguous residential proper­ties shall be provided in the form of open spaces, fences, walls, hedges, plant­ings, enclosures and/or by other such means as may be appropriate and effective to prevent or minimize such hazards. 
• Subdivision Conformance:  Any lot within a plat of record as of the effective date of this Ordinance shall not be redivided into two (2) or more lots unless the provisions of the subdivision regulations are satisfied (see Article 2 and Section 7.09.00, hereof).
• Density/Intensity:  For all development proposals, property in this district may be developed, at the option of the owner, to a maximum of ten (10) dwelling units per acre for multi-family projects.
• The intensity of all non-residential developments shall not exceed a Floor Area Ratio (FAR) of 1.92.  The FAR is the relationship between the total floor area of a proposed structure(s) or building(s) to the gross area of the development site.  Total floor area of a building or structure is measured from the outside walls for each floor of said building or structure.  However, the measurement need not include balconies or elevated porches.  The FAR does not include parking, sidewalks or other non-habitable structures associated with a principle use.
• All developments in this district are further governed by an impervious cover ratio of 82%.  That is, at least 18% of the development parcel shall be in landscaped or natural open space.
•  
• Lot Size:  For all lots created after February 1, 1991, the minimum width of any lot developed for commercial uses shall be one hundred (100) feet when measured at the minimum front setback line and shall have a minimum width at the street right-of-way line of not less than one hundred (100) feet to allow for adequate ingress and egress and accel/decel lanes; however, multiple attached businesses may occupy the same lot.
• Building Height:  No building or structure shall exceed thirty-five (35) feet in height above the required minimum habitable floor elevation exclusive of elevator shafts, air conditioning condensing units or cooling towers, antennas, copulas, spires, chimneys, transmission or reception devices, but not including towers, for broadcast services (radio, television, telephone, etc.), ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

• Setbacks: 
• 1.             Structures South of US Highway 98:  All structures erected in the City which are located south of US Highway 98 shall have a setback from the side lot line of seven and a half (7½) feet, twenty (20) feet from the rear lot line; except for those properties which border US Highway 98 where regardless of the structure orientation the setback from the highway shall be a minimum of fifty (50) feet from the back of the curb;
• 2.             Front Yard:  On every lot or parcel, there shall be a front yard (setback) of not less than fifty (50) feet. 
• 3.             Rear Yard:  There is no rear yard requirement except where a rear yard abuts a residential district, then the rear yard shall have a depth of not less than fifteen (15) feet from a residential district.  There is no setback requirements for accessory buildings except where the property abuts a residential district, then the accessory buildings must be set back fifteen (15) feet from the rear property line.  The builder or owner must leave ample space for a fire lane for access to the rear of the building and for off-street parking.
• 4.             Side Yard:  There is no side yard setback required unless the development parcel abuts a residential district, in which case the setback is fifteen (15) feet. This setback applies to all improvements to the commercial property, including parking and accessory structures but not including landscaping.
• 5.             Multiple dwelling structures:  All new duplex and multiple unit dwellings must provide a thirty-five foot buffer zone, with a minimum ten foot wide landscaped area along the parcel boundary between a subdivision and the new construction and a fifteen foot separation between buildings on the development parcel.  In addition, a fence is required between the multi-family development and existing single family units adjacent to the multi-family development.
• Open Area/Landscaping:  All landscaped areas shall be planted and maintained in lawn, sod or natural foliage.  Additionally, for every lot or project parcel used for any duplex or multi-family dwelling there shall be a minimum of twenty-five percent (25%) of the total parcel area set aside for open space, recre­ational,­ or landscaped area.  At least 18% of the parcel area shall be in natural or landscaped open space.  Setback and buffer areas can be counted to reach the 18% and 25% thresholds.

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

• Off-Street Parking:  Each business operating within the C-1 district shall provide for off-street parking for their customers, visitors or other persons attending the business.  Provisions shall also be made for handicapped persons consistent with State and Federal law.  Unless governed by Article 8, Section 8.05.03 of this Code, there shall be a minimum of one (1) parking space for each two hundred (200) square feet of building space.  Parking area setbacks from R-1 uses shall be as specified in Section 7.15.02(J)(4).
•  
• 7.15.04                    C-2 General Commercial District
• The type of business and commerce to be permitted in C-2 General Commercial District includes any use as permitted in the C-1 limited commercial district.  All plans for structures shall be submitted to the City for approval prior to construction.  No business shall be allowed which will cause pollution of the soil, cause air pollution, or cause excessive noise within the C-2 general commercial district.

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

• Drive in or drive thru restaurants;

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

• Outdoor commercial amusement facilities;

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

• All other regulations and provisions of the C-1 district (Section 7.15.03) govern developments within the C-2 district.
• 7.15.05                    Public Lands:
• Purpose of District:  The Public Lands district is intended for lands used for passive or active public recrea­tional functions, Municipal functions, Utility functions and other functions planned for property owned by Local, State or Federal agencies/governments.
• Permitted Uses
• Conservation lands:  On lands to be conserved and protected such as open space, estuarine areas, public and quasi-public lands, spoil sites, and the like, uses shall be limited to walkways, paths, sanitary facilities, refuse containers and similar uses.
• Recreation Lands:  Lands to be used for recreational purposes may be used as per­mitted above plus one or more of the following specified uses, (subject to the require­ments provided in sub-parts (C) and (D) of this Sec­tion):
• Archery Range                                                               Auditorium
• Basketball Court                                                             Baseball Fields
• Bathing    Beach Benches
• Bicycle Path                                                                  Boat Anchorage
• Boat Dock                                                                     Boat Launching Ramp
• Botanical Garden      Bridle Trails
• Cabanas                                                                          Cemeteries
• Charter Boat Dock   Concession Stands
• Cooking Grills                                                                Country Club
• Excursion/Charter Boat Dock                                        Fishing Pier
• Football Field                                                                 Handball/Racquetball Courts
• Horseshoe Pitching Courts                                             Lawn Bowling
• Miniature Golf Courses                                                   Pavilions, Gazebos, etc.
• Picnic Tables                                                                 Public Park
• RV Parks  Recreational Vehicles
• Recreational Trails                                                         Shuffleboard Courts
• Softball Field                                                                  Soccer Field
• Social, Athletic, Neighborhood                                       Swimming Pool
•  or Community Club or Center                                       Tennis Courts
• Water-Oriented Recreational uses                                  Track and Field Facilities
•   such as: boating, diving,                                                Yacht club
•   fishing, swimming,
•   wading, water skiing.
• Similar and Accessory Uses:  Building or structures in which sport, game and recreation activities are carried on including meeting rooms and food service areas.  Auditoriums, community theatres, band shells, etc. are per­mitted subject to the requirements of this Code.  Commercial uses such as refreshment stands, pro shops, bait and tackle shops, etc., are allowed only as accessory uses to the permitted uses in Section (B) above.
• Municipal, Educational and Other Public Uses:  Municipal buildings and facilities, Schools operated by the Okaloosa County School Board, County buildings and facilities, Federal buildings and facilities and publicly owned utility facilities (distribution, collection and transmission facilities are allowed in any district).
• Uses Prohibited:  The permissible uses enumerated in Section (B) above shall not be construed to include, as a principal use, any of the following (except where noted):
• Any business or commercial uses except when meeting require­ments of an accessory use;
• Any industrial or manufacturing use;
• Residential uses, except for recreational vehicles and RV parks.
• Site Plan Approval:  Site plan approval is required by the City Council.  Such approval may only occur after a duly advertised public hearing has been conducted by the Council. Addition­ally, the site development plan for land use improve­ments in this district (PL District) shall provide for such an arrangement and location of uses and facilities on the land as to give significant separation from, and protec­tion to, contiguous and nearby residential property.  Where the nature of the ac­tivities or facilities on the land present any poten­tial hazard or detriment to contiguous residential properties arising from noise, glare, dust, odors, smoke, vibration, flying objects or traffic or parking, protection to such contiguous residential proper­ties shall be provided in the form of open spaces, fences, walls, hedges, plant­ings, enclosures and/or by other such means as may be appropriate and effective to prevent or minimize such hazards.  Parks are to be landscaped employing energy conserving landscape methods that are practicable for the par­ticular site.
• Site Size:  There shall be no limit to size of a site.
• Yards:
• No parking area shall be located within ten (10) feet of any residentially zoned property.

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

• When structures, (except benches, tables, sitting areas, fountains, fences, or walls) are built within the PL Zone, no required open space, yard or setback area shall be used or developed for any purpose other than for landscaping and paths, walkways and/or driveways reasonably necessary to serve the permitted uses.
• Performance Standards
• Open Space/Landscaping:  Open space/landscaping is permitted/required in accordance with the require­ments set forth in this Code.  Additionally:
• A landscape plan shall be prepared as part of the site plan.
• The landscape plan will identify the natural vegetation to be protected or conserved, and new plantings shall be identified.
• All required yards and open spaces adjacent to streets and contiguous to residen­tial property shall be planted and properly maintained with suitable plantings in the form of sod, sprigging, shrubs, hedges and trees to present an attractive appearance appropriate to the neighborhood.
• Parking:  Parking for public places shall be required in accordance with the requirements set forth in Article 8 or be based on empiric data gathered for like or similar uses in the area or region. 

• Lighting

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

• Fences and Walls

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

• Signage:  Signage is permitted in accordance with the requirements set forth in this Code.
• 7.15.06                    PUD - Planned Unit Development District
• A.            Intent and Purpose, Permitted Uses
•                                 1.             Intent and Purpose:  It is the purpose of this Section to permit PUD's which are intended to encourage the development of land as planned neighborhoods, encourage flexible and creative concepts of site planning; preserve the natural amenities of the land by encourag­ing scenic and functional open areas; accomplish a more desirable environ­ment that would not be possible through the strict application of the minimum requirements of this Code; provide for an efficient use of land resulting in smaller networks of streets and util­ities where access to regional systems is im­practical and thereby lowering development and housing costs; and provide a stable environmental character compatible with surrounding areas.
•                                 2.             Permitted Uses:  The uses permitted within this district shall include the follow­ing:
•                                                 a.             Residential units, including single-family attached and detached dwelling, two-family dwellings ,and multiple-family dwellings.
•                                                 b.             Churches, schools, community or club build­ings and similar public and semi-public facilities.
•                                                 c.             Non-residential uses, including commercial or retail uses, (as secondary uses primarily serving the development) offices, clinics and professional uses.  Non-residential uses shall not occupy more than 20% of the development site or 30% of the gross floor area of all buildings within the development site, except for open space and recreation uses which may occupy as much of the site as may be approved by the City Council.  NOTE:  There is no requirement to include non-residential uses, other than open-space and common amenities.
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•                 B.             Definitions:  In addition to the definitions contained elsewhere in this Code, the following terms, phrases, words and derivations shall have the following meaning:
•                                 1.             Common Open Space:  An area of land, or an area of water, or combination of land and water within the area of a PUD which is designed and intended for the use or enjoyment by residents of the PUD in common.  Common open space may contain such recreation structures and improvements as are desir­able and appropriate for the common benefit and enjoyment of residents of the PUD.
•                                 2.             Gross Acreage:  The total number of acres within the perimeter boundaries of a PUD development site.
•                                 3.             Land Owner:  The legal or beneficial owner or owners of all the land proposed to be included in a PUD; the holder of an option or a contract to pur­chase; or a person having possessory rights of equal dignity will be deemed to be a land owner for the purpose of this Section, so long as the consent to the PUD of the owners of all other interests in the land concerned is obtained.
•                                 4.             Net Acreage:  The total number of acres within the perimeter boundaries of a PUD excluding areas devoted to streets, rights-of-way, ease­ments, lakes, public and private open space and recrea­tion areas.
•                                 5.             Planned Unit Development (PUD):  An area of land devoted by its owner to development as a single entity for a number of dwelling units, and commercial uses in accord­ance with a plan which does not necessarily comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations.
•                                 6.             Plan:  Plans for development of land approved for PUD's shall be proces­sed in accordance with procedures for subdividing and for re-zoning property within the City.  Approval of a PUD by the City Council constitutes a re-zoning of the property and, therefore all requirements for re-zoning must be followed. 
• The preliminary develop­ment plan is to be submitted to the City Manager, or his designee, with the preliminary plat.  The final development plan is submitted in the same manner for final plat approval.
•          
• All terms, conditions and stipulations made at the time of approval for PUD's shall be binding upon the applicant or any succes­sors in interest.  Deviations from approved plans not approved as a minor or substantial change as set forth in this Article or failure to comply with any require­ment, condition or safeguard shall constitute a violation of these zoning regula­tions.
• C.             Procedure For Approval of a Planned Unit Develop­ment:  The procedure for obtaining a change in zoning district for the purpose of undertaking a PUD shall be as follows:
•                                 1.             Preliminary Planned Unit Development and Master Plan Approval:  The applicant shall submit to the City Manager, his application for the PUD zoning clas­sification and shall submit the following exhibits at the same time.
•                                                 a.             A statement of objectives describing the general purpose and character of the proposed development including type struc­tures and uses.
•                                                 b.             A Vicinity Map showing the location of the proposed develop­ment.
•                                                 c.             Boundary survey and legal description of the property.
•                                                 d.             A Topographic Survey.
•                                                 e.             A Master Plan.  A master plan, drawn at a scale suitable for presentation, showing and/or describing the following:
•     
• (1)           Proposed Land Uses Including Type Structures:
•                                                                 (2)           Lot Sizes:
•                                                                 (3)           Building Setbacks:  Proposed building setbacks shall be noted and shall define the distance buildings will be setback from:
•                                                                                 (a)            Surrounding property lines.
•                                                                                 (b)            Proposed and existing streets.
•                                                                                 (c)            Other proposed buildings.
•                                                                                 (d)            The center line of channels, streams or canals.
•                                                                                 (e)            The mean high water line of waterbodies.
•                                                                                 (f)            Other man-made or natural features which would be affected by building encroachment.
•                                                                 (4)           Proposed Maximum Height of Buildings:
•                                                                 (5)           Open Spaces:
•                                                                                 (a)            Developed recreation.
•                                                                                 (b)            Common open space.
•                                                                                 (c)            Natural areas.
•                                                                 (6)           Collector and Residential Access Streets:
•                                                                 (7)           Screening, Buffering and Landscaped Areas:
•                                                 f.              A table showing acreage for each category of land use.
•                                                 g.             A table of proposed maximum and average densities for residential land uses.
•                                                 h.             A Preliminary Utility Service Plan including sanitary sewers, storm drainage, and potable water supply.
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•                                                 i.              A statement indicating the type of legal instruments that will be created to provide for management of common areas, streets and infrastructure.
• j.              Other information which may be determined necessary by the City Manager in order to fully understand and document the proposal.  Such other information shall not be unreasonable and shall be required only due to unique circumstances associated with the development site, the neighborhood or the proposal.
•                                 2.             Processing the Planned Unit Development Zoning Applica­tion and Preliminary Master Plan Submit­tals:  When the City Manager has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of this Code.
•                                 3.             Final Development Plan:  If rezoning approval for the PUD is granted, the applicant shall submit a Final Planned Unit Development Plan covering all or part of the approved Master Plan within twelve (12) months, to the City Manager.  The Final Development Plan shall include the following exhibits.
•                                                 a.             A statement of objectives.
•                                                 b.             A topographic map showing contours at intervals of 2 feet.            
•                                                                 (1)           The location of existing buildings, water courses, transmis­sion lines, sewers, bridges, water mains and any public utility easements.
•                                                                 (2)           Wooded areas, streams, lakes, marshes and any other physical conditions affecting the site.
•                                                 c.             A development plan showing:  
•                                                                 (1)           The boundaries of the site.
•                                                                 (2)           Width, location and names of surrounding streets.
•                                                                 (3)           Surrounding land use.
•                                                                 (4)           Proposed streets and street names and other vehicular and pedestrian circula­tion systems including off-street parking.
•                                                                 (5)           The use, size and location of all proposed building sites including type structures.
•                                                                 (6)           Location and size of common open spaces and public or semi-public areas.
•                                                 d.             A utility service plan showing:
•                                                                 (1)           Existing and proposed drainage and sewer lines.
•                                                                 (2)           The disposition of solid waste, sanitary waste and stormwater.
•                                                                 (3)           The source of potable water.
•                                                                 (4)           Location and width of all utility ease­ments rights-of-way.
•                                                                 (5)           Department of Transportation and Depart­ment of Environ­mental Protection Permits.
•                                                 e.             All landscaped areas:
•                                                                 (1)           Landscaped areas.
•                                                                 (2)           Location, height and material for walks, fences, walk­ways, and other man-made landscape features.
• (3)           Location and diameter at breast height of trees to be removed and location species of trees to be planted.
•                                                 f.              The substance of covenants, grants, easements or restrictions to be imposed on the use of the land, buildings and structures, including proposed easements for public and private utiliti­es.  All such legal documents, including homeowners associations and deed restrictions, must be approved by the City Attorney before final approval of the plan.
•                                 4.             No building permit shall be issued for any portion of a proposed PUD until the final Development Plan has been approved.
•                                 5.             Revision of a Planned Unit Development:  Any proposed major and substantial change in the approved Prelimi­nary Planned Unit Development Master Plan which affects the intent and character of the development, the density or land use pattern, the location or dimensions of arterial or collec­tor streets, or similar substantial changes, shall be reviewed by the City Council in the same manner of the initial Zoning Applica­tion. A request for a revision of the Preliminary Planned Unit Development Master Plan shall be supported by a written statement and by revised plans.  Minor changes, and/or deviations from the Preliminary Planned Unit Develop­ment Master Plan, which do not affect the intent or character of the develop­ment, shall be reviewed by the City Manager. Upon approval of the revisions, both minor and major, the applicant shall make revisions to the plans and submittals and file with the City Manager within thirty (30) days.
• Examples of substantial and/or minor changes are:
•                 Substantial Changes
• Perimeter changes;
• Major street relocation;
• Change in building height, density, or land use pattern.
• Minor Changes:
• Change in alignment, location direction, or length of localstreet; Adjustments or minor shifts in dwelling unit mixes, not  result­ing in increased overall density;
• Reorientation or slight shifts in building locations.
•                                 6.             Planned Unit Development Time Limitations:  If substantial construction, as determined by the City Manager, has not begun within two (2) years after approval of the PUD by the City Council, the approval of the PUD will lapse.
•                 The City Manager may extend the period for beginning con­struction by not more than six (6) months, if it is demonstrated that such an extension will result in the development of the approved PUD and that delays were beyond the control of the applicant.  The burden of proof for obtaining the extension is on the applicant. 
• If the PUD lapses under this provision, the City Manager shall cause the PUD district to be removed from the official zoning map, mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and re­instate the zoning district which was in effect prior to the approval of the PUD.  If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the Okaloosa County Property Appraiser's records as owning the subject property.
•                 D.            Development Standards for Planned Unit Developments
• Relation of Zoning Districts:  An approved PUD shall be considered to be a separate zoning district in which the development plan, as approved, establishes the restrictions and regulations according to which the development shall occur.  Upon approval, the official Zoning Map will be changed to indicate the area as PUD.
• Density:  The average density permitted in each PUD shall be established by the City Manager by examining the existing surrounding density, adequacy of existing and proposed public facilities and services and site characteristics.  However, the maximum density allowed in any PUD shall be one-hundred and fifty (150) percent of the highest permitted density of the residential district imposed on the property prior to the PUD, or if not zoned residential at the time of application, to a maximum fifteen (15) units per acre.
• Building Height: Except for elevated municipal water storage facilities, no building or structure shall exceed three (3) stories above a ground floor parking area or 45 feet in height above the highest natural elevation of the property to the bottom of the cornice line, whichever is less.  In no cases shall the total height of the structure be more than 75 feet above mean sea level (MSL), inclusive of elevator shafts, air conditioning, condensing units or cooling towers, antennas, copulas, spires, chimneys, ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
• Dimensional and Bulk Regulations:  The location of all proposed building sites shall be shown on the final development plan.
• Common Open Space:  Common open spaces shown on a Final Development Plan shall be usable, common open space owned and operated by the developer or dedicated to a homeowner’s association or similar group.
• Access and Parking:  All streets, thoroughfares and access ways shall be paved and designed to effectively relate to the major thoroughfares of Mary Esther and Okaloosa County.  Adequate off-street parking shall meet the off-street parking requirements set forth in Article 8 of this Code for similar uses unless otherwise approved.
• Perimeter Requirements:  The City Council or City Manager may impose the requirement that structures, buildings and streets located at the perimeter of the development be permanently screened, buffered, reoriented or modified to insure compatibility with the adjacent buildings.

• PUD (ZONING) APPLICATION AND SUBMITTAL CHECK-LIST
• _____                      1.             Statement of Objectives
• _____                                      a.             The general purpose of the proposed develop­ment.
• _____                                      b.             The general character of the proposed develop­ment.
• _____                      2.             A Vicinity Map showing the location of the proposed PUD.
• _____                      3.             A Boundary Survey and legal description of the property.
• _____                      4.             Topographic Survey.
• _____                      5.             Master Plan.
• _____                                      a.             Proposed land uses including type of structures.
• _____                                      b.             Lot sizes.
•                                                 c.             Building Setbacks.
• _____                                                      1.             Surrounding and property lines.
• _____                                                      2.             Proposed and existing streets.
• _____                                                      3.             Other proposed buildings.
• _____                                                      4.             The centerline of rivers, streams, and canals.
• _____                                                      5.             The high water line of lakes.
• _____                                                      6.             Other manmade or natural features which would be affected by building encroach­ment.
• _____                                      d.             Maximum height of buildings.
•                                                 e.             Open spaces.
• _____                                                      1.             Developed recreation.
• _____                                                      2.             Common open space.
• _____                                                      3. Natural areas.
• ­_____                                      f.              Arterial and collector streets and thorough­fares.
• _____                                      g.             Screening and buffering areas and concepts.
• _____                                      h.             Landscaped areas and concepts.
• _____                      6.             A table showing acreage for each category of land use.
• _____                      7.             A table of proposed maximum and average densities for residen­tial land uses.
• _____                      8.             Preliminary utilities service plan, including sanitary sewers, storm drainage, and potable water supply.
• _____                      9.             A statement indicating the type of legal instru­ments that will be created to provide for the manage­ment of common areas.

• 7.15.07                    PMDD - Planned Mixed Development District
• A.            Intent and Purpose, Permitted Uses
•                                 1.             Intent and Purpose:  It is the purpose of this Section to permit Planned Mixed Use developments as planned neighborhoods and business and commercial centers; encourage flexible and creative concepts of site planning; preserve the natural amen­ities of the land by encourag­ing functional open areas; ac­complish a more desirable environment that would not be possible through the strict application of the minimum requirements of these regulations; provide for an efficient use of land resulting in smaller networks of streets and utilities where access to regional systems is impractical and thereby lowering development and housing costs; and providing a stable environmental character com­patible with surrounding areas.
• Among other development scenarios, this district is intended to permit development with mixed uses in a single building or in one or more buildings within a development area.  For example, a development might include a three story building(s), with commercial uses on the first floor and residential uses on the 2nd and 3rd floors.  Various combinations and scenarios are possible. 
•                                 2.             Permitted Uses:  The uses permitted within this district shall include the following:
•                                                 a.             Residential units, including single-family attached and detached dwellings, two-family dwellings and multiple-family dwellings.
•                                                 b.             Churches, schools, community or club build­ings and similar public and semi-public facilities.
•                                                 c.             Non-residential uses, including commercial or retail uses; offices, clinics and profes­sional uses.
• d.             There is no minimum requirement regarding the mix of land uses within the development site, but a mix of residential and non-residential is encouraged.  If there is no residential component to a proposed Mixed Use Development, the applicant shall be required to justify why the development could not be permitted under the C-1 or C-2 zoning district regulations.  To accept or reject such justification is a policy decision of the City Council and shall be based on the Council's determination as to the best interests of the City.
•                 B.             Definitions:  In addition to the definitions contained in this Code, the following terms, phrases, words and derivations shall have the following meaning:
•                                 1.             Common Open Space:  An area of land, or an area of water, or combination of land and water within the area of a Planned Mixed Use Development which is designed and intended for the use of enjoyment of residents or users of the Development in common.  Common open space may contain such structures and improvements as are desirable and appropriate for the common benefit and enjoyment of residents or users of the Mixed Use Development.
•                                 2.             Gross Acreage:  The total number of acres within the perimeter boundaries of a Planned Mixed Use Development.
•                                 3.             Land Owner:  The legal or beneficial owner or owners of all the land proposed to be included in a Planned Mixed Use Development: the holder of an option or a contract to purchase; or a person having possessory rights of equal dignity (such as a lease) will be deemed to be a land owner for the purpose of this Section.
•                                 4.             Net Acreage:  The total number of acres within the perimeter boundaries of a Planned Mixed Use Develop­ment excluding areas devoted to streets, rights-of-way, easements, lakes, public and private open space and recreation areas.
•                                 5.             Planned Mixed Development District (PMDD):  An area of land devoted by its owner to development as a single entity for a number of dwelling units, and/or commercial uses in accord­ance with a plan which does not necessarily comply with the provisions of this ordinance with respect to lot size, lot coverage, setbacks, off-street parking, bulk or type of dwelling, density and other regulations.
•                                 6.             Plan:  Plans for development of land approved for Planned Mixed Developments shall be proces­sed in accordance with procedures for subdividing and for re-zoning property within the City.  Approval of a PMDD by the City Council constitutes a re-zoning of the property and, therefore all requirements for re-zoning must be followed. 
• The preliminary develop­ment plan is to be submitted to the City Manager, or his designee, with the preliminary plat.  The final development plan is submitted in the same manner for final plat approval.
•                 C.             Procedure for Approval of a Planned Mixed Use Develop­ment:  When a parcel of land is zoned for Planned Mixed Development District, such parcel shall not be subdivided into smaller parcels without first complying with the pro­visions of this Section for Master Planning.  The pro­cedure for obtaining approval for the purpose of undertaking a Planned Mixed Use Develop­ment shall be as follows:
•                                 1.             Preliminary Planned Mixed Use Development and Master ­Plan Ap­proval:  The applicant shall submit to the City Manager, his applica­tion for the approval of the Planned Development and shall submit the following exhibits at the same time.
•                                                 a.             A statement of objectives describing the general purpose and character of the proposed development including type structures and uses.
•                                                 b.             A Vicinity Map showing the location of the proposed Planned Business Development.              
•                                                 c.             Boundary survey and legal description of the property.
•                                                 d.             A Topographic survey.
•                                                 e.             A Master Plan, drawn at a scale suitable for presenta­tion, showing and/or describing the following:
•                                                                 (1)           Proposed Land Uses Including Type Structures:
•                                                                 (2)           Lot Sizes:
•                                                                 (3)           Building Setbacks:  Proposed building setbacks shall be noted and shall define the distance buildings will be setback from:
•                                                                                 (a)            Surrounding property lines.
•                                                                                 (b)            Proposed and existing streets and highways.
•                                                                                 (c)            Other proposed buildings.
•                                                                                 (d)            The center line of channels, streams, and canals.
•                                                                                 (e)            The mean high water line of waterbodies.
•                                                                                 (f)            Other man-made or natural features which would be affected by building encroachment.
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•                                                                 (4)           Proposed Maximum Height of Buildings:
•                                                                 (5)           Open Spaces:
•                                                                                 (a)            Developed recreation.
•                                                                                 (b)            Common open space and amenities.
•                                                                                 (c)            Natural areas.
•                                                                 (6)           Collector and Residential Access Streets:
•                                                                 (7)           Screening, Buffering and Landscaped Areas:
•                                                 f.              A table showing acreage for each category of land use.
•                                                 g.             A table of proposed maximum and average densities for residential land uses and intensities (FAR) for non-residential uses.
•                                                 h.             A Preliminary Utility Service Plan including sanitary sewers, storm drainage, and potable water supply, showing general location of major water and sewer lines, plant location, lift stations, etc.
•                                                 i.              A statement indicating the type of legal instruments that will be created to provide for the management of common areas, streets and infrastructure.
• j.              A signage plan with locations and sizes of proposed signs.
•                                 2.             Processing the Planned Mixed Development Zoning Application and Preliminary Master Plan Submittals:  When the City Manager has received the application and submittals, and is satisfied that the application and submittals are complete, the application shall be processed as any other zoning application in accordance with the provisions of this Code.
• The Preliminary Master Plan must accompany the rezoning Applica­tion.
•                                 3.             Final Development Plan:  If approval for the Planned Mixed Use Development is granted by the City Council, the applicant shall submit a Final Development Plan covering all or part of the approved Master Plan within twelve (12) months, to the City Manager.
• The Final Development Plan shall include the following exhibits.
•                                                 a.             A statement of objectives:
•                                                 b.             A topographic map showing:
•                                                                 (1)           The location of existing streets, build­ings, water courses, transmission lines, sewers, bridges, water mains and any public utility easements.
•                                                                 (2)           Wooded areas, streams, lakes, marshes and any other physical conditions affecting the site.
•                                                                 (3)           Existing contours shown at intervals of two (2) feet.
•                                                 c.             A development plan showing:
•                                                                 (1)           The boundaries of the site. 
•                                                                 (2)           Width, location and names of surrounding streets.
•                                                                 (3)           Surrounding land use.
•                                                                 (4)           Proposed streets and street names and other vehicular and pedestrian circula­tion systems including off-street parking.
•                                                                 (5)           The use, size and location of all proposed building sites including type structures.
•                                                                 (6)           Location and size of common open spaces and public or semi-public areas.
•                                                 d.             A utility service plan showing:
•                                                                 (1)           Existing and proposed drainage and sewer lines.
•                                                                 (2)           The disposition of sanitary waste and stormwater.
•                                                                 (3)           The source of potable water.
•                                                                 (4)           Location and width of all utility ease­ments right-of-way.
•                                                                 (5)           Department of Transportation and Depart­ment of Environ­mental Protection and any other required regulatory agency Permits. 
•                                                 e.             A landscaping plan showing:
•                                                                 (1)           Landscaped areas.
•                                                                 (2)           Location, height and material for walks, fences, walkways, and other man-made landscape features.
•                                                 f.              The substance of covenants, grants, easements or restrictions to be imposed on the use of the land, buildings and structures, including proposed easements for public and private utilities.  All such legal documents, including home­owners associations and deed restrictions, must be approved by the City Attorney before final approval of the plan.
•                                 4.             No building permit shall be issued for any portion of a proposed Planned Mixed Use Development until the Final Development Plan has been ap­proved.
•                                 5.             Revision of an Approved Planned Development:  Any pro­posed major and substantial change in the ap­proved Prelimi­nary Planned Mixed Use Development Master Plan which affects the intent and character of the development, the density or land use pat­tern, the location or dimensions of arterial or collector streets, or similar substantial changes, shall be reviewed by the City Manager in the same manner as the initial site plan approval.  A request for a revision of the Preliminary Planned Mixed Use Development Master Plan, shall be sup­ported by a written statement and by revised plans demon­strating the reasons revisions are necessary or desirable.
• Minor changes, and/or deviations from the Prelimi­nary Planned Mixed Use Development Master Plan, which do not affect the intent or character of the development, shall be reviewed and identi­fied by the City Manager and may be approved by the same.  Upon approval of the revisions, the applicant shall make re­visions to the plans and submit­tals and file with the City Manager and City Clerk  within thirty (30) days.
• Examples of substantial and/or minor changes are:
•                 Substantial Changes:
• Perimeter changes;
• Major street relocation;
• Change in building height, density, intensity or land use pattern;
• Changes in signage plan;
• Any reduction in open space and/or landscaped areas.
•                 Minor Changes:
• Change in alignment, location direction, or length of internal streets or sidewalks;
• Adjustments or minor shifts in dwelling unit or commercial mixes, not resulting in increased overall density or increased intensity;
• Reorientation or slight shifts in building locations.
• NOTE:  If the City Manager questions whether a change is minor, he will present the matter to the City Council for direction or determination.
•                                 6.             Planned Mixed Development Time Limitations: 
• If substantial construction, as determined by the City Manager, has not begun within two (2) years after approval of the PMDD by the City Council, the approval of the PMDD will lapse.
•                 The City Manager may extend the period for beginning con­struction by not more than six (6) months, if it is demonstrated that such an extension will result in the development of the approved PMDD and that delays were beyond the control of the applicant.  The burden of proof for obtaining the extension is on the applicant. 
• If the PMDD lapses under this provision, the City Manager shall cause the PMDD district to be removed from the official zoning map, mail a notice by certified mail, return receipt requested, of revocation to the applicant and owner or owners and re­instate the zoning district which was in effect prior to the approval of the PMDD.  If the applicant is other than the owner, the notice shall be sent to the person or entity listed in the Okaloosa County Property Appraiser's records as owning the subject property.
•                 E.             Development Standards for Planned Mixed Use Develop­ments
• Minimum Frontage Width:  The development parcel shall have a minimum frontage width of one hundred (100) feet on a public roadway to be considered for Planned Mix Use Development.
• Relation to Zoning Districts:  An approved Planned Mix Use Development Plan shall establish the restrictions and regulations according to which the development shall occur. Upon approval, the official Zoning Map will be changed to indicate the property is a Planned Mix Use Development District.
• Density/Intensity:  The average density and intensity permitted in each Planned Mix Use Development shall be established by the City Manager by examination of existing surrounding density and intensity, adequacy of existing and proposed public facilities and services and site characteristics.  However, the maximum density allowed in any PMDD shall not exceed 20 units per gross acre and the maximum intensity shall not exceed a 1.92 Floor Area Ratio.
• Building Height:  Except for elevated municipal water storage facilities, no building or structure shall exceed three (3) stories above a ground floor parking area or 45 feet in height above the highest natural elevation of the property to the bottom of the cornice line, whichever is less.  In no cases shall the total height of the structure be more than 75 feet above mean sea level (MSL), inclusive of elevator shafts, air conditioning, condensing units or cooling towers, antennas, copulas, spires, chimneys, ventilators, belfries or other appurtenances usually required to be placed above the roof level and not intended for human occupancy..
• Dimensional and Bulk Regulations:  The location of all proposed building sites shall be shown on the Final Development Plan, subject to minimum lot sizes, setback lines, as specified in the Master Plan and approved by the City Council.
• Common Open Spaces:  At least fifteen percent (15%) of the area covered by a Final Development Plan shall be usable, common open space owned and operated by the developer or dedicated to a homeowner’s association or similar group.  This is provided, that in establishing the density per gross acre, that the City may increase the percentage of common open space in order to carry out the intent and purposes as set forth in subsection A above.
• Access and Parking:  All streets, thoroughfares and access ways shall be paved and designed to effectively relate to the major thoroughfares of Mary Esther and Okaloosa County.  Adequate off-street parking shall meet the off-street parking requirements set forth in Article 8 of this Code for similar uses unless otherwise approved and based on empiric data for such use.
• Perimeter Requirements:
• The City Council or City Manager may impose the requirement that structures, buildings and streets located at the perimeter of the development be permanently screened, buffered, reoriented or modified to insure compatibility with the adjacent existing uses.
• Frontage streets, limited access ways and/or shared accesses may be required where the proposed development would otherwise have multiple district access to major and minor arterial corridors to protect the health, safety and welfare of the motorists.

•                                                                                                      
• PLANNED MIXED DEVELOPMENT SUBMITTAL CHECKLIST
• _____                      1.             Statement of Objectives
• _____                                      a.             The general purpose of the proposed develop­ment.
• _____                                      b.             The general character of the proposed develop­ment.
• _____                      2.             A Vicinity Map showing the location of the proposed Planned Business Development.
• _____                      3.             A Boundary Survey and legal description of the proper­ty.
• _____                      4.             Topographic Survey.
• _____                      5.             Master Plan.
• _____                                      a.             Proposed land uses including type of structures.
• _____                                      b.             Lot sizes.
•                                                 c.             Building setbacks.
• _____                                                      1.             Surrounding property lines.
• _____                                                      2.             Proposed and existing streets.
• _____                                                      3.             Other proposed buildings.
• _____                                                      4.             The centerline of channels, streams, and canals.
• _____                                                      5.             The mean high water line of waterbodies.
• _____                                                      6.             Other man-made or natural features which would be affected by building encroach­ment.
• _____                                      d.             Maximum height of buildings.
•                                                 e.             Open spaces.
• _____                                                      1.             Developed recreation.
• _____                                                      2.             Common open space.
• _____                                                      3.             Natural areas.
•  
• 4.             Common amenities.
• _____                                      f.              Streets and thorough­fares.
• _____                                      g.             Screening and buffering areas and concepts.
• _____                                      h.             Landscaped areas and concepts (including location, species, height of plant materials).
• _____                      6.             A table showing acreage or square footage for each category of land use.
• _____                      7.             A table of proposed maximum and average density for residen­tial land uses and intensity of non-residential uses.
• _____                      8.             Preliminary utilities service plan, including sanitary sewers, storm drainage as required by DEP, and potable water supply.
• _____                      9.             A statement indicating the type of legal instru­ments that will be created to provide for the management of common areas.

• 7.16.00                    CONDITIONAL USES
• 7.16.01                    General Provisions Regulating Conditional Uses:  A conditional use shall be permitted by the City Council provided the Council finds that the use:
• A.            Is so designed, located, and proposed to be operated so that the public health, safety, and welfare will be protected;
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•                 B.             Will not unduly adversely affect other property in the impacted area which it is located;
•                 C.             Conforms to all applicable provisions of the district in which the use is to be located;
•                 D.            Satisfies criteria stipulated for similar uses as described in the following section.
• 7.16.02                    Criteria Regulating Conditional Uses:  In addition to the general provisions cited above, a conditional use shall be permitted by the City Council provided the Council finds that the  proposed conditional use complies with the following requirements:
• A.            Administrative Services, Business and Profes­sional Offices and Medical Services
•                                 1.             Sites shall be located within the more highly accessible portions of the respective residential district and near commercial district boundaries, thereby serving as a logical transitional use between residentially and commercially developed areas in the impacted area; and generally should be located on a major thoroughfare as opposed to a local residential street; and where not located on a major thorough­fare, the site should not be adjacent to a single family residential district.
•                                 2.             The proposed use shall not unreasonably increase traffic on local residential streets in the impacted area.
•                                 3.             Interior displays generally should not be visible from the exterior of the building, but where visible, they shall be in harmony with the residential character of the impacted area.
•                                 4.             The use shall not include retail sales as a principal activity.
•                                 5.             The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to continuous residential pro­perties.
•  
• 6.             In the R-2 district, medical office buildings may include, as an accessory use, an apothecary limited primarily to the preparation and sale of medicine and medical related goods, but, if the apothecary is developed as an accessory use to a medical office building, it shall not exceed fivehundred (500) square feet or twenty-five percent (25%) of the gross floor area of any single story within the building.
•                 B.             Child Care Services
•                                 1.             Site shall be located within the more highly accessible portions of residential districts near major thoroughfares so as to discourage traffic along local residential streets in the impacted area.
•                                 2.             No such facility shall be permitted on a zone lot unless said lot contains a minimum of ten thousand (10,000) square feet.
•                                 3.             One accessory off-street parking space shall be provided for each five (5) children accommodated in the child care facility.
•                                 4.             Passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick-up or deliver clientele. 
•                                 5.             All regulations of the State of Florida, as may be amended hereafter, that pertain to the use shall be satisfied.
•                                 6.             The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion, or other potential nuisances or hazards to contiguous residential pro­perties.
• 7.             Child Care Centers, Nursery Schools and Kindergar­tens in which more than five (5) children are present at any given time shall have a minimum floor space (apart from administrative or residen­tial use) of thirty-five (35) square feet per child.  Each child must also have a minimum of one hundred (100) square feet of outside play area enclosed by a minimum of six (6) feet high chain link fence.  All licensed child care facilities must provide a separate kitchen and separate bathrooms apart from the normal living quarters in accordance with Chapter 10M-12 (as may be amended), "Child Care Standards," Department of Health Rehabilita­tive Services.  Requirements of Chapter 4A-36 (as may be amended) of the Fire Marshall's Code, shall also apply in deter­mining construc­tion and safety standards.
•                 C.             Nursing Homes 
•                                 1.             A description of the program of service shall be submitted with application and the applicant shall demonstrate that the method of operation and delivery of such health services and daily care shall be in compliance with all relevant state and federal standards for operation of nursing homes.
•                                 2.             The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, congestion or other potential nuisances or hazards to contiguous residential properties.
•                                 3.             When located in the R-2 district, sites shall be situated within the more highly accessible portions of the district near major thoroughfares.  When located in the R-2 district, a nursing home site in addition to the above shall abut a less restrictive district.  The intent is to minimize potential adverse impact on the established residential neighborhoods and assure that sites are accessible to major thoroughfares.
•                 D.            Places of Worship 
•                                 1.             Sites shall be located within more highly acces­sible portions of residential districts near major thoroughfares so as to discourage traffic along local residential streets of the impacted area.
•                                 2.             The minimum site for places of worship in residen­tial districts shall be fifteen thousand (15,000) square feet.
•                                 3.             No main or accessory building shall be located within thirty (30) feet of any side or rear lot line.
•                                 4.             The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, conges­tion or other potential nuisances or hazards to contiguous residential pro­perties.
•                 E.             Public and Private Utilities
•                                 1.             The location of such facility shall be situated on a site providing the most effective service to such area.  The applicant shall demonstrate that such proposed sites are located effectively relative to the service area and that the site proposed is at least equal to the effectiveness of other alterna­tive sites.
•                                 2.             The location of such facility shall not unreasonably increase traffic on streets in the impacted area.
•                                 3.             The scale, intensity and operation of the use shall not generate unreasonable noise, traffic, conges­tion or other potential nuisances or hazards to contiguous residential pro­perties.
• 7.17.00                    NONCONFORMING USES AND STRUCTURES
• 7.17.01                    Intent
• A.            Within the districts established by this Article, or amend­ments that may later be adopted, there exist:
•                                 1.             Lots;
•                                 2.             Uses of land;
•                                 3.             Structures; and
•                                 4.             Characteristics of use, which were lawful before this Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Code or future amendment.  It is the intent of this Code to permit these non-confor­mities to continue until they are removed, but not to encourage their survival.  It is further the intent of this Code that non-conform­ities shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
•                 B.             Non-conforming uses are declared by this Code to be incompatible with permitted uses in the districts in­volved.  A non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this Code, or by the addition of other uses, of a nature which would be prohibited generally in the district involved.
• 7.17.02                    Lots
• A.            In any district in which single family dwellings are permitted, a single family dwelling and customary acces­sory buildings may be erected on any single lot of record in a recorded subdivision or a lot in an un­recorded plat which was the subject of a Contract to Purchase or Article of Agreement executed prior to February 1, 1991, not withstanding limitations imposed by other provi­sions of this section.  This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district.  Variance of yard requirements shall be obtained only through action of the City Council.
•                 B.             Refer to the Mary Esther Code of Ordinances for require­ments for subdivisions and exceptions.
• 7.17.03                    Uses of land (or land with minor structures only): Where at the time of passage of this Code, lawful uses of land exist which would not be permitted by the regula­tions imposed by this Code, and where such use involves no individual structure with a replacement cost exceeding $1,000.00 the use may be continued so long as it remains otherwise lawful, provided:
• A.            No such non-conforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Code.
•                 B.             No such non-conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Code.
•                 C.             If any such non-conforming use of land ceases for any reason for a period of more than 6 months, any sub­sequent use of such land shall conform to the regula­tions specif­ied by this Code for the district in which such land is located.
•                 D.            No additional structure not conforming to the require­ments of this Code shall be erected in connection with such non-conforming use of land.
• 7.17.04                    Structures and Lots:  Where a lawful structure exists at the effective date of adoption or amendment of this Code that could not be built under the terms of this Code by reason of restrictions of area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
• A.            No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
•                 B.             Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 75 percent of its replacement cost at time of destruction, it shall not be reconstructed except in the exact dimensions as it existed on the date of its destruction with due diligence, provided, however, if and when the principal place of residence of a citizen of the City is destroyed by accidental fire, hurricane, tornado or other act of God, said home owner may rebuild said residence to original type and size of structure; or said home owner or mobile home owner may rebuild or replace with a superior type of material; provided the new construction conforms to dimensions previously existing.
•                 C.             Should such structure be moved for any reason to any district whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
•                 D.            No such nonconforming lot may be enlarged or altered in a way which increases its nonconformity, but any lot or portion thereof may be altered to decrease its noncon­formity.
• 7.17.05                    Uses of land involving mobile homes:  Where, at the time of passage of this Code, lawful use of land existed which would not be permitted by the regulations imposed by this Code and where such use involves mobile homes, the use may be con­tinued so long as it remains otherwise lawful, provided:
• A.            No additional mobile homes shall be located on any parcel in excess of the number of trailer sites, consisting of the appropriate slabs and utility connections which were in existence at the effective date of adoption or amend­ment of this Code.
•                 B.             If any individual mobile homes located on any indi­vidually owned parcel or lot of record shall be moved for more than a period of six (6) months, any subse­quent use of such land shall conform to the regulations specified by this Code for the district in which such land is located.
•                 C.             These regulations are not intended to prohibit the continued operation of existing trailer parks as of the effective date of adoption or amendment of this Code and such trailer parks are expressly permitted to continue operation in the manner conducted prior to the effective date of adoption or amendment of this Code.
•                 D.            If any individual mobile home located on any parcel of property on the effective date of adoption of this Code shall be bound by a fence or other boundary mutually agreed to by the adjoining land owners or occupants, and provide said lots abut a county street or public right-of-way said lots may be sold or otherwise conveyed by metes and bounds, description and such use continued so long as not abandoned.
• 7.17.06                    Uses of structures and premises in combination:  If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structures and premises in combination, exists at the effective date of adoption or amend­ment of this Code, that would not be allowed in the district under the terms of this Code, the lawful use may be con­tinued so long as it remains otherwise lawful, subject to the following provisions:
• A.            No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended, constructed, reconstruct­ed, moved or structurally altered except in changing the use of the struc­ture to use permitted in the district in which it is located.
•                 B.             Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use shall be extended to occupy any land outside such building.
•                 C.             If no structural alterations are made, any non-conform­ing use of a structure or structure and premises, may as a special exception be changed to another non-conforming use provided that the City Council either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more ap­propriate to the district than the existing non-conforming use.  In permitting such change, the City Council may require appropriate conditions and safeguards in accor­dance with the provisions of this Code.
•                 D.            When a non-conforming use of a structure, or structure and premises in combination is discon­tinued or abandoned for six consecutive months (except when government action impeded access to the premises), the structure or struc­ture and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
•                 E.             Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.  Destruction for the purpose of this sub-section is defined as damage to an extent of more than 75 percent of the replacement cost at the time of destruc­tion.
• 7.17.07                    Repairs and Maintenance
• A.            On a non-conforming structure or portion of a struc­ture containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 25% of the current replacement cost of the non-conforming structure or non-conforming portion of the structure as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased.
•                 B.             If a non-conforming structure or portion of a structure containing a non-conforming use becomes physically unsafe or unlawful due to lack of repairs and mainten­ance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condi­tion, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.
•                 C.             Nothing in this Code shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
• 7.17.08                    Approved Conditional Uses not Non-Conforming Uses:  Any use which is permitted as a conditional use in a district under the terms of this Code (other than a change through City Council action from a non-conform­ing use to another use not generally permitted in the district) shall not be deemed a non-conforming use in such district, but shall without further action be considered a conforming use.

ARTICLE 8

N

• Purpose:  The purpose of this Article is to provide provisions for the safe and convenient on-site traffic circulation.  Important elements of consideration include:

• Right of Way (ROW) protection (Policy 8.A.2.2)

• Provide adequate setbacks along all roadways (Policy 8.A.5.1)

• Limit new access points to arterial and collector roads by including distance requirements for driveways and median cuts (Policy 8.A.1.4)

• Provide labor intensive transportation facilities and sufficient vehicular parking in all new development (Policy 8.A.3.2)

• RIGHT OF WAY (ROW) PROTECTION

• No encroachment shall be permitted into existing Rights-of-way, except for temporary use authorized by the City.

• Use of rights-of-way for public or private utilities, including, but not limited to, sanitary sewer, potable water, telephone wires, cable television wires, gas lines, or electricity transmission, shall be allowed subject to the placement specifications included in applicable existing or future City regulations.

• Sidewalks, recreational trails and bicycle ways shall be permissible in ROWs.

• Applications to vacate ROWs may be approved upon a finding that all of the following requirements are met:

• The requested vacation is consistent with the Comprehensive Plan.

• The ROW does not provide the sole access to any property. Remaining access shall not be by easement.

• The vacation would not jeopardize the current or future location of any utility.

• The proposed vacation is not detrimental to the public interest.

• PROVIDE ADEQUATE SETBACKS ALONG ALL ROADWAYS:  Setbacks or ROW requirements serve the needs of a development project and/or anticipated future needs of the City.  Article 8.03.00 provides road and street construction design standards.

• ROAD AND STREET CONSTRUCTION

• Streets will intersect at angles no less than sixty (60) degrees.  Unaligned intersections shall be separated by a minimum of one hundred fifty (150) feet between center-lines.  Intersections involving more than four (4) basic street approaches shall be prohibited. 
• Right-of-Way, Minimum Requirements

• Major streets - 100 feet. 
• Local/Collector streets - 60 feet. 
• Minor streets - 50 feet.
• Cul-de-sacs - 50 feet.
• Alleys - 15 feet.

• Pavement Width and Base Thickness

• Major streets - 4 or more 12-foot lanes, 8-inch base. 
• Collector streets - 2 or more 12-foot lanes, 6-inch base. 
• Local streets - 2  10-foot lanes, 6-inch base.
• Cul-de-sacs - diameter of 80 feet, 6-inch base.  
• Alley - 1  9-foot lane.

• Curbing

• Major streets – 18-inches (W) x 8-inches (D). 
• Collector streets – 18-inches (W) x 8-inches (D). 
• Minor streets – 12-inches (W) x 8-inches (D). 
• Cul-de-sacs – 12-inches (W) x 8-inches (D).

• General Design Standard

• All streets in a new development shall be designed and constructed pursuant to the standards in this Code or the "American Association of State Highway Officials" manual and shall be dedicated to the City upon completion, inspection and acceptance by the City.

• The street system of the proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological vegetative patterns and minimizing erosion potential, runoff and the need for site alteration.  Particular effort should be directed toward securing the flattest possible grade near intersections.

• Streets shall be laid out to avoid environmentally sensitive areas.

• Private streets may be allowed within a development that will remain under common ownership, provided they are designed and constructed pursuant to the standards in the Technical Construction Standards Manual in APPENDIX A. This appendix is provided for reference and information only.

• The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

• Streets in proposed subdivisions shall be connected to Rights-of-way in adjacent areas to allow for proper Inter-neighborhood traffic flow.  If adjacent lands are un-platted, stub outs in the new development shall be provided for future connection to the adjacent un-platted land.

• Residential streets shall be arranged to discourage through traffic.

• Streets shall intersect as nearly as possible at right angles and in no case shall be less than 60 degrees.

• New intersections along one side on an existing street shall, where possible, coincide with existing intersections. Where an offset (jog) is necessary at an intersection, the distance between centerlines of the intersecting streets shall be no less than 150 feet.

• No two streets may intersect with any other street on the same side at a distance of less than 400 feet measured from centerline of the intersecting street.  When the intersected street is an arterial, the distance between intersecting streets shall be no less than 1,000 feet.

• Property lines at intersections shall be rounded with a radius of thirty (30) feet.  The city will permit comparable cutoffs or chords in lieu of rounded corners.

• Roadway Shoulders:  Shoulders, where required, shall measure at least four (4) feet in width and shall be required on each side of streets and shall be located within the right-of-way (Shoulders on state roads shall be a minimum of six (6) feet).  Shoulders shall consist of stabilized turf or other material permitted by the Technical Construction Standards Manual contained in Appendix A of this Code.  Shoulders and/or drainage swales are required as follows:

• Shoulders are required on residential access and residential sub-collector streets only where necessary for storm water management or road stabilization.

• All residential collector streets shall provide two 4 foot wide shoulders.  Shoulders should be grass surfaced except in circumstances where grass can not be expected to survive. In no case shall the shoulders be paved.

• Where shoulders are required by the FDOT.

• Collector streets where curbing is not required.

• Arterial streets where curbing is not required. 

• Clear Visibility Triangle:  When an access way intersects a public right-of-way or when subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet; however, trees, palms and shrubs trimmed in such a manner that no limbs or foliage extended into the cross-visibility areas described below shall be allowed, provided they are located so as not to create a traffic hazard.  The triangular areas referred to are:

• The areas of property on both sides of an access way formed by the intersection of each side of the access way with the public right-of-way with two sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides.

• The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being twenty-five (25)feet in length along the abutting public rights-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

• Signage and Signalization:  The developer shall deposit with the City sufficient funds to provide all necessary roadway signs and traffic signalization as may be required by the City, based upon City or State traffic standards.  At least two street name signs shall be placed at each four-way street intersection, and one at each "T" intersection.  Signs shall be installed under light standards and free of visual obstruction.  The design of street name signs shall be consistent, of a style appropriate to the community and of a uniform size and color.

• LIMIT ACCESS POINTS TO ARTERIAL AND COLLECTOR ROADS 

• Access points onto or from an arterial and collector roadway to shopping locations and/or other roadways shall be limited as follows:

FUNCTIONAL CLASS OF ROADWAY    DISTANCE BETWEEN ACCESS POINTS

 Principal Arterial                                                    300 feet

 Minor Arterial                                                        250 feet

 Major Collector                                                                      185 feet

 Minor Collector                                                                      140 feet

• The distance between access points shall be measured from the centerline of the proposed driveway or roadway to the centerline of the nearest adjacent roadway or driveway.

8.05.00  PROVIDE LABOR INTENSIVE TRANSPORTATION FACILITIES AND

              SUFFICIENT PARKING FACILITIES

8.05.01 Labor intensive transportation includes signage, striping of roadways, and installation of sidewalks, recreational or bicycle lanes, sidewalk ramps and other facilities designed for the handicapped or, to otherwise, provide safe and convenient non-motorized traffic circulation in conjunction with motorized traffic.

• Sidewalks, Recreational Trails, and Bicycle Paths: Projects abutting collector or arterial facilities shall provide sidewalks, recreational trails or bicycle paths adjacent to the collector or arterial roadway.

• Where a proposed development includes improvements or new construction of collector or arterial facilities, facility designs shall include provision for labor intensive transportation facilities.

• Residential projects adjacent to or in the immediate vicinity of an activity center comprised of commercial, office, service or recreational activities shall provide labor intensive transportation facilities from the development to the activity center.

• Crosswalks, whether on or above the surface of road-ways, not less than five (5) feet in width, may be required before a final development order is approved. Such pedestrian ways shall be placed in the center of blocks more than eight hundred (800) feet long where deemed necessary to provide safe access to schools, playgrounds, shopping centers, transportation or other community facilities.

• Off-street Parking and Loading Spaces

• For the parking of automobiles, the minimum space shall be nine (9) by nineteen (19) feet.  The table of design standards for off-street parking is as follows:

TABLE 8.05.03

MINIMUM PARKING DESIGN STANDARDS

                                                                                                                                Length  

                Depth of  Minimum of  Curb

Width of  Stall                         Aisle                        Per Car

Parking                    Stall                         (feet and Width                      (feet &

Angle                       (feet)                       Inches)                     (feet)                      Inches)    

      0                        9                                    19                          12                            23

     45                       9                                19, 10                        16                         12, 9

     60                         9                                  21                          18                         12, 9

     90                       9                                    20                           24                             9

• Off-street Loading Spaces - Every building used for business, trade or industry shall provide spaces as indicated below for the loading and unloading of vehicles off the street or public alley.  Such spaces shall have access to a public alley or, if there is no alley, to a public street. 

• Retail Business and Services - One (1) space ten (10) feet by twenty five (25) feet to each ten thousand (10,000) square feet of floor area or part thereof.

• Wholesale Businesses and Industries - One (1) space ten (10) feet by fifty (50) feet for each ten thousand (10,000) square feet of floor area or part thereof. 

• Bus and Truck Terminals - Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any time. 

• The minimum required number of parking spaces for specific uses shall be as follows: 

Number            &nbs